CITY COUNCIL REGULAR MEETING AGENDA
JUNE 26, 2025
CITY COUNCIL
REGULAR MEETING
AGENDA
JUNE 26, 2025 AT 9:00 AM
MAYOR CORY MOSS
MAYOR PRO TEM MICHAEL GREUBEL
COUNCIL MEMBER STEVE MARCUCCI
COUNCIL MEMBER MARK D. RADECKI
COUNCIL MEMBER NEWELL RUGGLES
LOCATION: City Council Chambers, 15651 Mayor Dave Way, City of Industry, California ADDRESSING THE CITY COUNCIL:
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 one-minute time limit per person for any matter listed on the Agenda. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called and prior to the individual being heard by the City Council.
Public Comments (Non-Agenda Items):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 one-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. Anyone wishing to speak to the City Council is asked to complete a Speaker’s Card which can be found at the back of the room and at the podium. The completed card should be submitted to the City Clerk prior to the Agenda item being called by the City Clerk and prior to the individual being heard by the City Council.
At the time of publication, no Councilmembers intend to take part in the meeting remotely under the provisions of AB 2449. Should that change between the time of publication and the start of the meeting, a live webcasting of the meeting will be accessible via the link, meeting ID, and meeting passcode listed below. Whenever possible, an announcement will be made at the start of the meeting via the live webcast to confirm whether or not a Councilmember will join remotely.
If they will not be joining remotely, then the live webcast will terminate after the announcement. www.microsoft.com/microsoft-teams/join-a-meeting
Meeting ID: 258 759 184 361 8
Passcode: ut6vH3mf
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 898 882 587#
AMERICANS WITH DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in any City meeting (including assisted listening devices), please contact the City Clerk’s Office (626) 333-2211.
Notification of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting.
AGENDAS AND OTHER WRITINGS:
In compliance with SB 343, 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 during regular business hours, Monday through Thursday 8:00 a.m. to 5:00 p.m., Fridays 8:00 a.m. to 4:00 p.m. Any person with a question concerning any agenda item may call the City Clerk’s Office at (626) 333-2211.
CITY COUNCIL REGULAR MEETING AGENDA
JUNE 26, 2025
1. Call to Order
2. Flag Salute
3. AB 2449 Vote on Emergency Circumstances (if necessary)
4. Roll Call
5. Presentations
6. CONSENT CALENDAR
6.1. Consideration of the Register of Demands for January 26, 2025 RECOMMENDED ACTION: Approve the Register of
Demands and authorize the appropriate City Officials to pay the bills.
6.2. Consideration of a Professional Services Agreement with Prince Global Solutions, LLC, for lobbying services at the Federal level, in an amount notto-exceed $250,000.00, through June 30, 2028 RECOMMENDED ACTION: Approve the Agreement
6.3. Consideration of Resolution No. CC 2025-26 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING
A DONATION TO THE GABRIEL FOUNDATION, IN THE AMOUNT OF
ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00), FOR
THE INDUSTRY HILLS CHARITY PRO RODEO
RECOMMENDED ACTION: Adopt Resolution No. CC 2025-26.
6.4. Consideration of Resolution No. 2025-23, a Resolution of the City Council of the City of Industry, California, Approving Blanket Purchase Orders for Vendors Totaling $10,000.00 and Over for FY 2025-2026
RECOMMENDED ACTION: Adopt Resolution No. 2025-23
6.5. Consideration of Resolution No. CC 2025-17 – A Resolution of the City Council of the City of Industry, California Approving and Establishing the Fiscal Year 2025-2026 Appropriations Limit, and Selecting the Growth in the California per Capita Personal Income and Population Growth Adjustment Factors for the County of Los Angeles, Pursuant to Article XIIIB of the California Constitution
RECOMMENDED ACTION: Adopt Resolution No. CC 2025-17
CITY COUNCIL REGULAR MEETING AGENDA
JUNE 26, 2025
6.6. Consideration of Amendment No. 2 to a Professional Services Agreement with Jeff Parriott Photographic Services, for Historical Photographic Services, extending the term through June 30, 2030, increasing compensation by $300,000.00, amending the Scope of Services, Rate Schedule, indemnity language specific to independent contractors, and contact information for notices to the City and City Attorney’s office RECOMMENDED ACTION: Approve the Amendment.
6.7. Consideration of Amendment No. 1 to the Professional Services Agreement with Keenan & Associates, Broker of Record Designation Services extending the term through June 30, 2028, at a cost of $152,974.00, and updating the Rate Schedule
RECOMMENDED ACTION: Approve Amendment No. 1
6.8. Consideration of Resolution No. CC 2025-28 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DECLARING
MEMBERSHIP IN THE CALIFORNIA INTERGOVERNMENTAL RISK
AUTHORITY (CIRA) AND PARTICIPATION IN THE LIABILTY PROGRAM,
APPROVE THE CIRA AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT
RECOMMENDED ACTION: Adopt Resolution CC 2025-28
6.9. Consideration of Notice of Completion for Contract No. CITY-1489, Fire Damage Repair of EV and Solar Energy System at Metrolink Station with Golden Sun Firm
RECOMMENDED ACTION: Authorize the Public Works Director to execute the Notice of Completion.
6.10. Consideration of Professional Services Agreement with The Dry Utility Group, Inc., for on-call electrical engineering services, in an amount not-toexceed $400,000.00, through June 30, 2028 RECOMMENDED ACTION: Approve the Agreement
6.11. Consideration of Amendment No. 5 to the Professional Services Agreement with Enterprise Maps, LLC, for technical support services for the City’s GIS infrastructure, extending the term through June 30, 2029, revising the scope of services, revising the rate schedule, and increasing compensation by $520,000.00 (MP 16-06)
RECOMMENDED ACTION: Approve the Amendment
6.12. Consideration of Amendment No. 4 to the Professional Services Agreement with Advanced Avant-Garde Corporation, dba Avant-Garde, Inc., for contract and funding administration services, extending the term through June 30, 2029, and updating the Rate Schedule
CITY COUNCIL REGULAR MEETING AGENDA
JUNE 26, 2025
RECOMMENDED ACTION: Approve the Amendment
6.13. Consideration of a Professional Services Agreement with NHA Advisors, LLC, for financial advisory services to the City, in an amount not-to-exceed $50,000.00, through June 30, 2030
RECOMMENDED ACTION: Approve the Agreement
6.14. Consideration of Resolution No. CC 2025-29 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING AND ADOPTING THE 2025 PAVEMENT MANAGEMENT PLAN
RECOMMENDED ACTION: Adopt Resolution No. CC 2025-29
6.15. Consideration of Award of Contract No. CITY-1534, Streetlight Improvements at Proctor Avenue from Valley Boulevard to Turnbull Canyon Road and Newquist Place to Asplundh Construction, LLC in an amount not to exceed $798,659.39 and adopt Notice of Exemption regarding same (MP 02-05#25)
RECOMMENDED ACTION: Award the contract to Asplundh
Construction, LLC in the amount of $798,659.39
6.16. Consideration of Resolution No. CC 2025-27 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, APPROVING
DONATIONS TO NINE NON-PROFIT ORGANIZATIONS AND PUBLIC
AGENCIES FOR AMOUNTS UP TO FIVE THOUSAND DOLLARS
($5,000.00) EACH, THROUGH JUNE 30, 2026
RECOMMENDED ACTION: Adopt Resolution No. CC 2025-27
7. ACTION ITEMS
7.1. Consideration of Appointment for One (1) Upcoming Vacant Seat on the Industry Property and Housing Management Authority
RECOMMENDED ACTION: Discuss and make appointment to the Industry Property and Housing Management Authority and/or provide additional direction to Staff.
8. PUBLIC HEARINGS-NONE
9. CLOSED SESSION
9.1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code section 54956.9(1)(d)
Case: City of Industry v. San Gabriel Valley Water and Power, LLC, et al.
Los Angeles Superior Court Case No. 19STCV10150
CITY COUNCIL REGULAR MEETING AGENDA
JUNE 26, 2025
9.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1 Industry Hills Parkway, City of
Industry, CA, 91744 also known as Assessor Parcel Numbers (portion of) 8247-014-900, (portion of) 8247-013- 908, 8262-001-900, 8262-001-902, (portion of) 8262-011-930, 8262-011- 931, 8262-012-270, 8262-012- 271, 8262-012-272, 8262-012-273, (portion of) 8262-012-274, (portion of) 8262- 012- 275, 8262-012-276,(portion of) 8262- 015-900, (portion of) 8262-015- 901, 8262-015-902, 8262-015-904, (portion of) 8262-015-905, 8263-008- 270, 8263- 008-271, 8263-008-904 and 8263-027- 270
Agency Negotiators: Joshua Nelson, City Manager
James M. Casso, City Attorney
Negotiating Parties: Majestic Industry Hills, LLC, a
Delaware limited liability company
Under Negotiation: Price and terms of payment
10. CITY MANAGER REPORTS
11. AB 1234 REPORTS
12. CITY COUNCIL COMMUNICATIONS
13. PUBLIC COMMENTS
14. Adjournment. The next regular City Council Meeting is Thursday, July 10, 2025, at 9:00 AM.
ITEM NO. 6.1
ITEM NO. 6.2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: June 26, 2025
SUBJECT: Consideration of a Professional Services Agreement with Prince Global Solutions, LLC, for lobbying services at the Federal level, in an amount not-to-exceed $250,000.00, through June 30, 2028
Background:
Since 2019, Prince Global Solutions, LLC (“PGS”) has provided the City with lobbying services at the Federal level. PGS was instrumental in securing funding for the 57/60 Confluence Project and working with policymakers to complete the project expeditiously. PGS assists with other City transportation projects as needed by coordinating travel for City Officials and Staff to Washington D.C., obtaining meetings for City Officials and Staff and representing the City before Federal elected and appointed officials, developing key messages and documents promoting the City’s interests, and providing guidance on the City’s Federal efforts.
Discussion:
Staff is proposing a new Professional Services Agreement (“Agreement”) with PGS for Federal lobbying services, for a not-to-exceed amount of $250,000.00, through June 30, 2028, with the option for two (2) one (1) year extensions by the City Manager. The compensation is based on a $6,255.00 cost per month, $4,380.00 per year for reimbursable expenses, such as airfare, lodging, ground transportation, and travel-related meals in accordance with the City’s travel and reimbursement policy, and an annual cost of living adjustment based on the CPI change in price for the prior year.
Fiscal Impact:
The cost for lobbying services included in the approved annual budget under General Fund -
Legislative Services – Professional Services (Account No. 100-528-5120.01) was $60,000.00 and an appropriation is needed at this time for the difference of $20,000.00 for FY 2025-26.
Future year budgets will be allocated accordingly.
Recommendation:
Staff recommends that the City Council approve the Professional Services Agreement with Prince Global Solutions, dated June 26, 2025.
Exhibits:
1. Professional Services Agreement with Prince Global Solutions, LLC, dated June 26, 2025
CITY OF INDUSTRY
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”), is made and effective as of June 26, 2025 (“Effective Date”), between the City of Industry, a municipal corporation (“City”) and Prince Global Solutions, LLC, a Virginia 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, 2028, unless sooner terminated pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the City Manager may extend the Term of the Agreement for two (2) one (1) year extensions by written notice.
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 government relations and federal lobbying services, serving a municipal agency.
(d) Consultant shall comply with all applicable federal, state, and local laws,
regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant’s performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.
3. MANAGEMENT
City 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 Two Hundred Fifty Thousand Dollars ($250,000.00) 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.
(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant’s fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore.
5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion 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.
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 for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) DUTY TO DEFEND. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant’s cost or at City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters.
Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
8. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached hereto and incorporated herein by reference.
9. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultants exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) Consultant shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Consultant’s or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant, service as an independent contractor.
The indemnity provisions set forth in this Section 9(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 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.
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, (ii) 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 Consultant: Prince Global Solutions, LLC
P.O. Box 711572
Herndon, VA 20171
Attention: Kevin D. Jones, Esq., 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 subconsultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants.
Consultant shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.
16. GOVERNING 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.
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 Prince Global Solutions, LLC
By: ________________________________ By: __________________________ Joshua Nelson, City Manager Kevin D. Jones, Esq., President 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
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the City federal government relations and lobbying services, which includes, but is not limited to, the following:
• Represent the City before Congress and federal agencies to accomplish the City’s federal goals. This representation includes, but is not limited to:
o Developing key strategies and messages;
o Preparing appropriate advocacy documents and written materials; o Coordinating and executing meetings with appropriate federal officials and staff; and
o Providing advocacy for the City's interest in various federal policy and funding matters such as transportation infrastructure development, technology manufacturing promotion, energy generation and related infrastructure, postal service policies, municipal facility development and other matters as deemed appropriate and necessary.
• Work closely with the San Gabriel Valley Congressional delegation, Senate and House Committee staff, federal agency officials, and relevant stakeholder groups on matters which support the City's federal priorities:
• Facilitate annual requests for Congressional Appropriations funding allocations (earmarks) to support the City's projects as appropriate. • Monitor and engage Congressional consideration of the forthcoming reauthorization of federal transportation programs, which has already begun in advance of the expiration of current Federal transportation law on September 20, 2026; • Support future applications for discretionary funding from federal agency grant programs;
• Assist the City in obtaining meetings and appointments with elected and appointed federal officials, whether in California or in Washington, D.C., as necessary to support the City’s efforts at the federal level.
• Consider and coordinate Congressional and federal agency tours of City venues; • Assist the City in coordinating and executing official City elected officials/professional staff member(s) trips to Washington D.C., if such meetings are deemed necessary to support the City’s goals.
EXHIBIT B
RATE SCHEDULE
Activity Rate
Retainer $6,255.00/month
Reimbursement Expenses $4,380.00 (not to exceed)
Reimbursable Expenses
When travel is required, Consultant shall be entitled to reimbursement from City for preapproved, necessary, and reasonable expenses including, but not limited to, economy airfare, lodging, cab fare, and travel-related meals in accordance with the City’s travel and reimbursement policy.
Cost of Living Adjustment
Retainer and Reimbursement Expenses rates will increase (rounded to the nearest five dollars based on the prior year’s rate) on July 1, 2026, and annually each July 1st thereafter, based on the Los Angeles-Long Beach-Anaheim area Consumer Price Index (CPI) percent change in price for the 12-month period ending in April of that same year.
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.
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 noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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.
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.
ITEM NO. 6.3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: June 26, 2025
SUBJECT: Consideration of Resolution No. CC 2025-26 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
APPROVING A DONATION TO THE GABRIEL FOUNDATION, IN THE
AMOUNT OF ONE HUNDRED TWENTY THOUSAND DOLLARS
($120,000.00), FOR THE INDUSTRY HILLS CHARITY PRO RODEO Background:
The Gabriel Foundation (“Foundation”) is a non-profit organization that supports disadvantaged children and those with special needs in the San Gabriel Valley by raising funds that are used to help organizations throughout the community. These organizations include Delhaven Community Center, Industry Sheriff’s Youth Athletic League, YMCA, Friends of the Heart, Citrus Valley Health, New Horizons, San Gabriel Valley Dental, and SGV Boys and Girls Club. The Foundation works to provide funding to these organizations, so they may be able to provide the assistance needed.
Discussion:
The City has been a long-time supporter of the Foundation and a sponsor of the Industry Hills Charity Pro Rodeo. This year, the Foundation is implementing changes in order to improve the quality of the event and increase revenue, such as moving the Hospitality Corral back indoors to the Pavilion, expanding Friday Community Kids Day, increasing the Purse Money for Cowboys and Cowgirls to entice high-quality participants, and adding Junior Bull Riding. As a result, the Foundation is requesting an increase of $15,000 to the City’s annual sponsorship. The donation of $120,000.00, along with other fundraising activities will help the Foundation continue supporting the community. The City’s donation serves a public purpose by contributing to an organization that supports youth and those with special needs. In addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Industry Hills Charity Pro Rodeo, which is determined by City Staff’s availability to assist with event planning, set up, supporting day-of activities, and event tear down. At least one month prior to the Industry Hills Charity Pro Rodeo, the City Manager will provide the City Council with an
estimate of the time and number of Staff necessary to assist with the event.
Fiscal Impact:
In the Fiscal Year 2024/25 budget, $371,000.00 was approved for Donations for Community Promotions and Economic Development. $105,000.00 was budgeted for this donation and there are no additional funds remaining in the budget for Donations this fiscal year, therefore an appropriation of $15,000.00 is required for the Donations for Community Promotions and Economic Development account (Account No. 100-621-5602) from the General Fund.
Recommendation:
Staff recommends that the City Council adopt Resolution No. CC 2025-26.
Exhibits:
1. A. Resolution No. CC 2025-26
RESOLUTION NO. CC 2025-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, APPROVING A DONATION TO THE
GABRIEL FOUNDATION, IN THE AMOUNT OF ONE HUNDRED
TWENTY THOUSAND DOLLARS ($120,000.00), FOR THE
INDUSTRY HILLS CHARITY PRO RODEO
RECITALS
WHEREAS, The Gabriel Foundation (“Foundation”) is a California non-profit organization that raises funds to provide programs and resources to disadvantaged children and those with special needs, throughout the San Gabriel Valley. The Foundation has sponsored the Community Kids Day and has introduced Western Heritage to thousands of children in the grades three through five; and WHEREAS, the Foundation requested a donation from the City to assist with the Industry Hills Charity Pro Rodeo. The donation of $120,000.00, along with other fundraising activities will help the Foundation continue supporting the community; and WHEREAS, in 2024, the Foundation received a $105,000.00 donation from the City to assist in the operation of its programs, promotion and conducting its events; and WHEREAS, this year, the Foundation is requesting an increase of $15,000.00 to the City’s annual sponsorship in order to improve the quality of the event and increase revenue; and
WHEREAS, in addition to its monetary donation, the City provides an in-kind donation of City Staff support services for the Industry Hills Charity Pro Rodeo, which is determined by City Staff’s availability to assist with event planning, set up, supporting day-of activities, and event tear down; and
WHEREAS, the City’s donation serves a public purpose in that the Foundation is able to provide grant funds to various organizations throughout the San Gabriel Valley that work to assist children in need, including, but not limited to, Delhaven Community Center, the Industry Sheriff’s Youth Athletic League, SGV Boys & Girls Club, and countless other organizations. The City’s donation will allow the Foundation to provide grant funding to assist non-profit organizations in the community and surrounding areas; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.
SECTION 2: The City’s donation serves a public purpose in that the Foundation is a California non-profit organization and is able to provide grant funds to various organizations throughout the San Gabriel Valley that work to assist children in need, including, but not limited to, Delhaven Community Center, the Industry Sheriff’s Youth Athletic League, SGV Boys & Girls Club, and countless other organizations. The City’s donation will allow the Foundation to provide grant funding to assist non-profit organizations in the community and surrounding areas.
SECTION 3: The City Council approves a donation to the Foundation in the amount of One Hundred Twenty Thousand Dollars ($120,000.00), as well as an in-kind donation of necessary City Staff support services. At least one month prior to the Industry Hills Charity Pro Rodeo, the City Manager shall provide an estimate of the time and number of Staff necessary to assist with the event.
SECTION 4: The City Manager is hereby authorized and directed to take such other and further action consistent with this Resolution, in order to implement this Resolution on behalf of the City.
SECTION 5: The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
SECTION 6: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on June 26, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Cory C. Moss, Mayor
ATTEST:
_________________________________
Julie Gutierrez-Robles, City Clerk
ITEM NO. 6.4
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Yamini Pathak, Finance Director
DATE: June 26, 2025
SUBJECT: Consideration of Resolution No. 2025-23, a Resolution of the City Council of the City of Industry, California, Approving Blanket Purchase Orders for Vendors Totaling $10,000.00 and Over for FY 2025-2026
Background:
Annually, after the City’s operating budget is adopted, the Finance Department presents to the City Council for its consideration, a blanket purchase order (“BPO”) Vendor List for all vendors with whom the City anticipates spending over $10,000.00 in the fiscal year. On June 10, 2026, the City Council approved and adopted the City’s Operating Budget for FY 2025-26 (“FY 26”).
The FY 26 BPO Vendor List was developed in line with the FY 26 Adopted Budget, and in accordance with the City’s Code.
Discussion:
BPOs are a customary financial practice among cities in California and are utilized to pay for goods and supplies, professional or maintenance services, and/or equipment with vendors that the City regularly conducts business with during the fiscal year. Although most BPOs can be created under the City Manager’s purchasing authority, as an added level of fiscal control and transparency, at the beginning of each fiscal year a list of BPOs for vendors with whom the City regularly conducts business, that total $10,000.00 and over annually, is presented to Council for formal approval, as stated in City’s Procurement Policy. This streamlines the purchasing process where necessary and assists staff to efficiently obtain goods and supplies, professional or maintenance services, and/or equipment to tend to its day-to-day operations.
BPOs are not intended to bypass or supersede the bidding provisions as outlined in the City’s Code or intended to bypass the City’s standard agreements and terms. Departments must adhere to the requirements of the City’s procurement policy, and must obtain informal bidding, quotes, or go through a formal procurement process as necessary. Finance will strictly enforce the procurement policy, and ensure departments are adhering to the correct purchasing procedures.
As such, outlined below is a summary of the City’s Code, as it pertains to the Purchasing and Bidding Procedures (Chapter 3.04), that departments must follow and adhere to when obtaining goods and supplies, professional or maintenance services, and/or equipment.
Any additional purchase orders beyond dollar amounts approved in the BPO will be submitted to the City Manager or City Council, following procedures set forth in the City Code and Purchasing Policy.
Supplies & Equipment (Section 3.04.050) - For supplies and equipment, purchases of $100,000.00 and under may be made at the discretion of the City Manager.
Upon the approval of the City Council, BPOs will be created for all vendors the City regularly conducts business with for supplies and equipment for FY 26.
Pursuant to Section 3.04.040 of the Code, purchases of supplies and equipment over $100,000.00 require a formal bidding process and formal approval by the Council. Should items over $100,000.00 be taken to Council during the current fiscal year, BPOs will be created for these items as Council approves them.
Services (Section 3.04.055) - Procurement of professional services of an estimated value of fifty thousand dollars ($50,000.00) or less may be made by the city manager at his or her discretion on the open market without specific solicitation or competitive bidding requirements.
Professional services greater than fifty thousand dollars ($50,000.00) shall require prior approval by the city council.
The City is proposing BPOs for services that include on-going periodic facilities maintenance, car services for City vehicles, newspaper bid advertising services, or restroom rentals where needed, for vendors the City regularly conducts business with. These services exclude public works projects. The City is requesting BPOs to streamline the purchase order and invoice processing flow for repetitive, required services for day-to-day operations.
BPO Vendor List for FY 26
The BPO Vendor List for FY 26, attached as Exhibit A, includes all vendors with whom the City regularly conducts business. The BPO amounts are estimated amounts based on historical spending levels; BPO amounts are in line with the FY 26 Adopted Budget.
BPOs will also be utilized for all vendors that total less than $10,000.00 annually, and with whom the City conducts business on a recurring basis throughout the fiscal year.
Fiscal Impact:
The BPOs for all vendors listed in Exhibit A total $760,000.00. This has been accounted for and included in the FY 26 Adopted Budget.
Recommendation:
Staff recommends the City Council adopt Resolution No. 2025-23, approving the BPO Vendor List for vendors totaling $10,000.00 and over for FY 26.
Exhibits:
1. COI Resolution Blanket Purchase Orders FY 26
2. CITY Blanket PO list FY25-26
RESOLUTION NO. CC 2025-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDUSTRY,
CALIFORNIA, APPROVING BLANKET PURCHASE ORDERS FOR
VENDORS TOTALING $10,000.00 AND OVER FOR FY 2025-2026
WHEREAS, in FY 2016-17 (“FY 17”), the Financial Services Department (“Finance”) implemented several new internal controls and financial procedures Citywide, in which blanket purchase orders (“BPOs”) were identified as a critical fiscal control that allows the City and staff to procure goods and supplies, professional or maintenance services, and/or equipment in a timely manner to efficiently administer the day-to-day operations of the City; and
WHEREAS, BPOs are a customary financial practice among cities in California; and in summary, are utilized to pay for goods and services with vendors that the City regularly conducts business with during the fiscal year; and WHEREAS, annually, after the City’s operating budget is adopted, the Finance Department presents to the City Council for its consideration, a BPO Vendor List for all vendors with whom the City anticipates spending over $10,000.00 in the upcoming fiscal year; and
WHEREAS, on June 10, 2025, the City Council approved and adopted the City’s Operating Budget and budgets for other entities for FY 2025-26 (“FY 26”); and WHEREAS, the FY 26 BPO Vendor List was developed in accordance with Chapter 3.04 of the City of Industry’s Municipal Code as it pertains to purchasing and bidding procedures; and
WHEREAS, the FY 26 BPO Vendor List was also developed in accordance with the FY 26 Adopted Budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by reference.
Section 2. The City Council hereby approves the list of BPOs, attached hereto as Exhibit A, and incorporated herein by reference, for all vendors that total $10,000.00 and over for FY 26.
Section 3. The City Council authorizes the City Manager, and/or his designee, to prepare and execute all BPOs identified and listed on said Exhibit A.
Section 4. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
Section 5. The City Clerk shall certify to the 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, California, at a regular meeting held on June 26, 2025.
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Cory C. Moss, Mayor
ATTEST:
__________________________________
Julie Gutierrez-Robles, City Clerk
Item # Vendor Name FY 26
Proposed Amount Primary Purpose
1 Alliance Janitorial 15,000 Carpet cleaning services
2 Al's Mechanical Inc 15,000 Mechanical maintenance services 3 Blake Air Conditioning Company 15,000 Air conditioning maintenance services 4 Chem Pro LLC 15,000 Water treatment services
5 Consilio LLC 25,000 Legal document management services 6 DB Sales & Services 10,000 Boiler maintenance services 7 Espy's Electrical Services Inc 15,000 Electric maintenance services 8 Fuel Pros, Inc. 15,000 Fuel services - Industry Hills Fuel Station 9 Fullerton Electric 15,000 Electric maintenance services 10 Garcia's Fence Corp 15,000 Fence maintenance services 11 GMS Elevator Services 10,000 Elevator maintenance services 12 Haddick's Towing Inc 10,000 Container storage, vehicle repairs, towing and smog tests services 13 Hazzard Backflow Inc 15,000 Backflow maintenance services 14 Irri-Care Plumbing and Backflow Testing 15,000 Backflow maintenance services 15 Kline's Plumbing Inc. 15,000 Plumbing maintenance services 16 Mortise & Tenon Building Corp 15,000 Handyman maintenance services 17 Mr. Plant & Interior Botanical Designs 15,000 Plant maintenance services 18 Puente Hills Ford 10,000 Vehicle maintenance services 19 Ramos and Sons 15,000 Plumbing maintenance services
20 San Gabriel Valley Newspaper Group 35,000 Advertisement, notices for invitation of bids, public hearings, etc. 21 So Cal Industries 10,000 Restroom rental
22 Southern Tire Mart 10,000 Vehicle maintenance services 23 Temp Air System, Inc. 10,000 Air conditioning maintenance services 24 The Big Norwegian 15,000 Vehicle maintenance services 25 Vanguard Cleaning Systems Inc 15,000 Cleaning services at Homestead Museum 26 Vortex Industries Inc 10,000 Gate mainetenance services $ 380,000.00
Item # Vendor Name FY 26
Proposed Amount Primary Purpose
27 B2 Print 20,000 Office supplies - City letterhead, envelopes, & business cards 28 BAVCO 10,000 Backflow maintenance supplies
29 Consolidated Electrical Distributors 10,000 Lighting materials and supplies 30 Core & Main 10,000 Water parts and supplies
31 Home Depot 10,000 Property maintenance supplies
32 Lowe's 10,000 Property maintenance supplies
33 Merritt's Ace Hardware 10,000 Property maintenance supplies 34 MX Graphics 25,000 Supplies-printing/signs
35 ODP Business Solutions 30,000 Office supplies
36 SC Fuels 180,000 Fuel purchase for Industry Hills Fuel Tanks 37 Special T Water System 10,000 Supplies and delivery service 38 Staples Business Advantage 15,000 Office supplies
$ 340,000.00
Item # Vendor Name FY 26
Proposed Amount Primary Purpose
39 Locks Plus 15,000 Supplies-key, locks and materials and repair services 40 Cintas Corporation 15,000 Door mats and first aid supplies 41 Post Alarm Systems 10,000 Alarm services and supplies $ 40,000.00
TOTAL CITY $ 760,000.00
SERVICES & SUPPLIES
City of Industry
Blanket Purchase Order Vendor List for FY 2025-26 ("FY 26") Exhibit A
Vendors Totaling $10,000 and Over
SUPPLIES
SERVICES
ITEM NO. 6.5
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Yamini Pathak, Finance Director
DATE: June 26, 2025
SUBJECT: Consideration of Resolution No. CC 2025-17 – A Resolution of the City Council of the City of Industry, California Approving and Establishing the Fiscal Year 2025-2026 Appropriations Limit, and Selecting the Growth in the California per Capita Personal Income and Population Growth Adjustment Factors for the County of Los Angeles, Pursuant to Article XIIIB of the California Constitution
Background:
The appropriations limit is a State-mandated requirement for all cities that must be approved by the City Council prior to the start of the fiscal year. The appropriations limit sets the City’s annual cap for spending tax proceeds for the fiscal year.
In accordance with the provisions set forth in Government Code Section 7910, 15 days prior to the meeting adopting the appropriations limit, documentation used in the determination of the appropriations limit and other necessary determinations must be made available to the public.
Discussion:
The FY 2025-26 (“FY 26”) appropriations limit was calculated by using the growth in the California per capita personal income and the County of Los Angeles’ population growth adjustment factors. The FY 26 combined growth rate was calculated at 6.759%, which increases the appropriations limit for the City to $1,229,080,955. The public notice regarding the availability of documents related to the appropriations limit was posted to the City’s bulletin board and website on June 3, 2025.
The appropriations limit calculation is attached to this Staff Report and was developed in accordance with the FY 26 Proposed Operating Budget. Based on the calculation and City’s adopted budget levels, the City will be well under the cap for FY 26.
Fiscal Impact:
The appropriations limit of $1,229,080,955 will be established for FY 2025-26. There is no fiscal impact associated with this report.
Recommendation:
Staff recommends the City Council adopt Resolution No. CC 2025-17, approving the Appropriations Limit for FY 2025-26.
Exhibits:
1. COI Resolution FY 25-26 Appropriations Limit
2. Exhibit A - Apropriation Limit Calculation FY25-26
RESOLUTION NO. CC 2025-17
CONSIDERATION OF RESOLUTION NO. CC 2025-17 – A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA
APPROVING AND ESTABLISHING THE FISCAL YEAR 2025-2026
APPROPRIATIONS LIMIT, AND SELECTING THE GROWTH IN THE
CALIFORNIA PER CAPITA PERSONAL INCOME AND POPULATION
GROWTH ADJUSTMENT FACTORS FOR THE COUNTY OF LOS ANGELES,
PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION WHEREAS, the appropriations limit is a State-mandated requirement for all cities, that must be approved by the City Council prior to the start of the fiscal year; and WHEREAS, the appropriations limit sets the City’s annual cap for spending tax proceeds for the fiscal year; and
WHEREAS, in accordance with the provisions set forth in Government Code Section 7910, 15 days prior to the meeting adopting the appropriations limit, documentation used in the determination of the appropriations limit and other necessary determinations must be made available to the public; and WHEREAS, the City posted its public notice regarding the availability of documents related to the appropriations limit calculation to the City’s bulletin board and website on June 3, 2025; and
WHEREAS, the Appropriations Limit was developed in accordance with the FY 2025-26 (“FY 26”) Proposed Operating Budget; and
WHEREAS, the FY 26 Appropriations Limit was calculated by using the growth in the California per capita personal income and the County of Los Angeles’ population growth adjustment factors. The FY 26 combined growth rate was calculated at 6.759 percent.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by reference.
Section 2. The appropriations limit of the City of Industry for the 2025-26 Fiscal Year is hereby approved and established at $1,229,080,955 pursuant to Article XIIIB of the California Constitution.
Section 3. The appropriations limit was calculated by using the growth in the California per capita personal income and the County of Los Angeles’ population growth adjustment factors, which was calculated to be 6.759 percent.
Section 4. The provisions of this resolution are severable and if any provision, clause, sentence, word or part there for is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.
Section 5. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on June 26, 2025 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
Inflation Factor (Selected higher of the following):
Growth in the
California per capita
personal income 6.44%
State Department of
Finance 1.0644 Factor
Selected for
Calculation
Growth in the nonresidential assessed
valuation due to new
construction within
the City 2.09% HDL Coren & Cone
Population Factor (Selected higher of the following):
City -0.23%
State Department of
Finance
County 0.30%
State Department of
Finance 1.0030 Factor
Selected for
Calculation
Annual Limits Calculation:
Appropriations Limit for Fiscal Year 2024-25: $ 1,151,263,379 (A) Adjustment Factors For Fiscal Year 2025-26:
Inflation Factor (B) Population Factor (C)
1.0644 1.0030
Combined Factor (B times C)
1.06759 0.06759 (D)
Adjustment for Inflation & Population (A times D): $ 77,817,576 Appropriation Limit for Fiscal Year 2025-26: $ 1,229,080,955
EXHIBIT A
ANNUAL APPROPRIATIONS LIMIT CALCULATION
FOR FISCAL YEAR 2025-26
0 Coren & Cone
Parcel
THE CITY OF INDUSTRY
NONRESIDENTIAL NEW CONSTRUCTION
2023/ 24 TO 2024/ 25 TAX YEARS - IN PARCEL NUMBER ORDER FOR USE IN CALCULATING 2025/ 26 GANN LIMIT
Prior Year Current Year Percent
Use Category Owner Improvements Improvements Change
8125- 018- 018 Commercial Operating Eng Funds Inc Cotrustee Opei 4, 417, 492 5, 006, 615 + 13. 3% 8203- 032- 016 Industrial Tropicana Manufacturing Company Inc 12, 569, 502 19, 263, 006 + 53. 3% 8208- 019- 017 Industriai Quemetco West Llc 1, 666, 378 2, 991, 442 + 7g. 5% 8208- 024- 071 Miscellaneous Northrop Grumman Systems Corporatior 0 413, 871 + gg, ggg. g% 8242- 025- 036 Industrial Sing Tao Newpapers La Limited 2, 160, 216 2, 236, 940 + 3. 6% 8242- 030- 005 Industrial Teledyne Instruments Inc 4, 638, 737 4, 792, 626 + 3. 3% 8245- 001- 049 Industrial O Tasty Foods Inc 1, 825, 404 2, 053, 628 + 12. 5% 8245- 004- 015 Commercial Ryder Truck Rentals Inc 574, 904 621, 014 + 8. 0% 8245- 004- 023 Industrial Carrara Marble Co OfAmerica Inc 2,423, 341 2, 480, 856 + 2. 4% 8264- 003- 015 Industrial Quality Naturally Foods Inc 5, 072, 212 5, 185, 075 + 2, 2% 8264- 019- 018 Industrial Morehouse Foods Inc 5, 322, 152 5,475, 638 + 2. g% 8561- 020- 004 Industrial Custom Alloy Sales Inc 4, 024, 499 4, 913, 686 + 22, 1% 12 Parcels isted 44, 694, 837 55,434, 397 + 24.0%
This calculation reflects the 2024/25 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase ( as of the 2024/ 25 lien year roll date). This percentage may be used as an alternative to the change in California per- capita personal income for calculating a taxing agency' s annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
Total Change in Non- Residential Valuation Due to New Development Less Automatic 2. 000% Assessors' s Inflation Adjustment Actual Change in Non- Residential Valuation
Change in Total Assessed Value
Alternate 2025/ 26 Appropriations Limit Factor
10, 739, 560
893, 897
9, 845, 663
470, 649, 890
2. 09%
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 2. 0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .
Data Source: Los Angeles CountyAssessor 2024/25 Secured Tax Rolls Prepared On 3/ 14/ 2025 By MV This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Page 7
NT'"
Q ti
4 ' Z
w IIII a
o
DEPARTMENT OF
9 FOR'
P
F I N A N C E
OFFICE OF THE DIRECTOR
May 2025
Dear Fiscal Officer:
Gavin Newsom Governor
1021 O Street, Suite 3110 • Sacramento CA 95814 www.dof.ca. gov Subject: Price Pactor and Population Information
Appropriations Limit
California Revenue and Taxation Code Section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2025, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2025- 26. Attachment A provides the change in California' s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2025- 26 appropriations limit. Attachment B provides the city and unincorporated county population percentage change along with the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code Section 2228 provides additional information regarding the appropriations limit.
Article XIII B, Section 9( C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: h t •// leainfo leaislature ca. aovlfaces/ codes. xhfml.
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code Section 1 1005. 6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller' s Office. Finance will certify the higher estimate to the State Controller by June 1, 2025.
Please Note: The prior year' s city population estimates may be revised. The per capita persona income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at 916 ) 323- 408 6 .
JOE STEPHENSHAW
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
May 2025
Attachment A
A. Price Factor: Article Xill B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025- 26 appropriation limit is:
Per Capita Personal Income
Fiscal Year
FY)
2025- 26
Percentage change
over prior year
6. 44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.
2025- 26:
Per Capita Cost of Living Change = 6. 44 percent
Population Change = 0. 28 percent
Per Capita Cost of Living converted to a ratio:
Population converted to a ratio:
6. 44 + 100 = 1. 0644
100
0.28 + 100 = 1. 0028
100
Calculation of factor for FY 2025- 26: 1. 0644 x 1. 0028 = 1. 0674
FISCAL YEAR 2025- 26
Attachment B
Annuai Percent Change in Population Minus Exclusions*
January 1, 2024 to January 1, 2025 and Total Population January 1, 2025 About the Data
Population Minus Population Minus
City County Percent Change 24- 25 Exclusions 1- 1- 24 Exclusions 1- 1- 25 Total Population 1- 1- 25 Alameda City Alameda - 0. 22 78, 406 78, 236 79, 020
Albany City Alameda 0.28 20, 520 20, 578 20, 578
Berkeley City Alameda 1. 32 126, 676 128, 348 128, 348
Dublin City Alameda 2. 17 72, 462 74, 031 74, 691
Emeryvilie City Alameda - 0. 28 13, 509 13, 471 13, 471 Fremont City Alameda 0. 16 232, 241 232, 619 232, 619
Hayward City Alameda 0.24 161, 977 162, 359 162, 359
Livermore City Alameda - 0.23 86,094 85, 899 85, 899
Newark City Alameda 1. 04 48, 382 48, 886 48, 886
Oakland City Alameda 0. 52 424, 015 426, 237 426, 457
Piedmont City Alameda - 0. 28 10, 836 10, 806 10, 806
Pleasanton City Alameda - 0. 38 77, 526 77, 232 77, 232 San Leandro City Alameda - 0. 35 88, 124 87, 813 87, 813 Union City Alameda - 0. 36 66, 898 66, 657 66, 657
Balance of County Alameda - 0. 27 147, 978 147, 579 147, 646 Incorporated Alameda 0. 37 1, 507, 666 1, 513, 172 1, 514, 836 County Total Alameda 0. 31 1, 655, 644 1, 660, 751 1, 662, 482 Balance of County Alpine - 0.42 1, 181 1, 176 1, 177
County Total Alpine - 0.42 1, 181 1, 176 1, 177
Amador City Amador - 0. 51 197 196 196
lone City Amador - 0. 19 5, 173 5, 163 9, 037
Jackson City Amador - 1. 69 4, 905 4, 822 4, 822
Piymouth City Amador 1. 17 1, 109 1, 122 1, 122
Sutter Creek City Amador - 1. 63 2, 580 2, 538 2, 538
Balance of County Amador - 1. 63 22, 167 21, 805 21, 848 Incorporated Amador - 0. 88 13, 964 13, 841 17, 715
County Total Amador - 1. 34 36, 131 35, 646 39, 563
Biggs City Butte - 1. 25 1, 998 1, 973 1, 973
Chico City Butte 2. 59 110, 971 113, 847 113, 847
Gridley City Butte - 1. 10 7, 383 7, 302 7, 302
Oroville City Butte 2. 25 19, 221 19, 653 19, 653
Paradise Town Butte 7. 83 10, 283 11, 088 11, 088
Balance of County Butte - 7. 51 58, 017 53, 662 53, 662 Incorporated Butte 2. 67 149, 856 153, 863 153, 863
County Total Butte - 0. 17 207, 873 207, 525 207, 525
Angels City Calaveras - 0. 42 3, 585 3, 570 3, 570
Balance of County Calaveras - 0. 21 41, 183 41, 096 41, 152 Incorporated Calaveras - 0. 42 3, 585 3, 570 3, 570
County Total Calaveras - 0. 23 44, 768 44, 666 44, 722
Colusa City Colusa - 0. 18 6, 548 6, 536 6, 536
Williams City Colusa - 0.48 5, 616 5, 589 5, 589
Balance of County Colusa - 0. 28 9, 929 9, 901 9, 901
Incorporated Colusa - 0. 32 12, 164 12, 125 12, 125
County Total Colusa - 0. 30 22, 093 22, 026 22, 026
Antioch City Contra Costa 0. 52 116, 177 116, 781 116, 781 Brentwood City Contra Costa 0.60 65, 353 65, 747 65, 747 Clayton City Contra Costa - 0. 46 10, 793 10, 743 10, 743 Concord City Contra Costa - 0. 34 123, 074 122, 650 122, 650 Danville Town Contra Costa - 0. 16 43, 030 42, 960 42, 960 EI Cerrito City Contra Costa - 0. 31 25, 943 25, 862 25, 862 Hercules City Contra Costa - 0. 50 26, 357 26, 225 26, 225 Lafayette City Contra Costa - 0.08 25, 073 25, 054 25, 054 Martinez City Contra Costa - 0. 15 36, 871 36, 817 36, 817 Moraga City Contra Costa - 1. 98 16, 973 16, 637 16, 637 Oakley City Contra Costa 1. 32 46, 218 46, 826 46, 826
Orinda City Contra Costa - 0. 23 19, 395 19, 351 19, 351 Pinole City Contra Costa - 0.45 18, 344 18, 261 18, 261 Pittsburg City Contra Costa 0.64 75, 887 76, 374 76, 374 Pleasant Hill City Contra Costa - 0. 28 33, 694 33,601 33, 601 Richmond City Contra Costa - 0. 24 113, 872 113, 594 113, 594 San Pablo City Contra Costa 0. 18 31, 450 31, 507 31, 507 San Ramon City Contra Costa 0. 18 83, 245 83, 391 83, 391 Walnut Creek City Contra Costa - 0. 44 70, 238 69, 927 69, 927 Balance of County Contra Costa - 0. 20 176, 178 175, 833 175, 917 Incorporated Contra Costa 0. 03 981, 987 982, 308 982, 308 County Total Contra Costa 0. 00 1, 158, 165 1, 158, 141 1, 158, 225 Crescent City Del No te - 0. 69 4, 064 4, 036 6, 056
Balance of County Del Norte - 1. 44 20, 738 20, 439 20, 488 Incorporated Del Norte - 0. 69 4, 064 4, 036 6, 056
County Total Del Norte - 1. 32 24, 802 24, 475 26, 544
Placerville City EI Dorado 0. 14 10, 617 10, 632 10, 642 South Lake Tahoe City EI Dorado - 0. 05 21, 033 21, 022 21, 022 Balance of County EI Dorado 0.09 158, 862 159, 009 159, 106 Incorporated EI Dorado 0. 01 31, 650 31, 654 31, 664
County Total EI Dorado 0. 08 190, 512 190, 663 190, 770 Clovis City Fresno 1. 13 127, 674 129, 121 129, 121
Coalinga City Fresno 0. 00 13, 419 13, 419 17, 608
Firebaugh City Fresno 2. 40 8,510 8, 714 8, 714
Fowler City Fresno 3. 11 7, 436 7, 667 7, 667
Fresno City Fresno 0. 77 552, 416 556,690 557, 032
Huron City Fresno 7. 96 6, 421 6, 932 6, 932
Kerman City Fresno 0. 76 17, 403 17, 535 17, 535
Kingsburg City Fresno 0. 90 13, 167 13, 285 13, 285
Mendota City
Orange Cove City
Parlier City
Reedley City
Sanger City
San Joaquin City
Selma City
Balance of County
Incorporated
County Total
Orland City
Willows City
Balance of County
Incorporated
County Total
Arcata City
Blue Lake City
Eureka City
Ferndale City
Fortuna City
Rio Dell City
Trinidad City
Balance of County I corporated
County Total
Brawiey City
Calexico City
Calipatria City
EI Centro City
Holtvilie City
Imperiai City
Westmorland City
Balance of County
Incorporated
County Total
Bishop City
Balance of County
Incorporated
County Total
Arvin City
Bakersfield City
California City
Delano City
Maricopa City
McFarland City
Ridgecrest City
Shafter City
Taft City
Tehachapi City
Wasco City
Balance of County
Incorporated
County Total
Avenal City
Corcoran City
Hanford City
Lemoore City
Balance of County
Incorporated
County Total
Clearlake City
Lakeport City
Balance of County
Incorporated
County Total
Susanville City
Balance of County
Incorporated
County Total
Agoura Hills City
Alhambra City
Arcadia City
Artesia City
Avalon City
Azusa City
Baldwin Park City
Bell City
Beilflower City
Bell Gardens City
Beverly Hills City
Bradbury City
Burbank City
Calabasas City
Carson City
Cerritos City
Claremont City
Commerce City
Compton City
Covina City
Cudahy City
Fresno
Fresno
Fresno
Fresno
Fresno
Fresno
Fresno
Fresno
Fresno
Fresno
Glenn
Glenn
Glenn
Glenn
Gienn
Humboldt
Humboldt
Humboldt
Humboldt
Humboldt
Humboldt
Numboldt
Humboldt
Humboldt
Humboldt
Imperial
Imperial
Imperial
Imperial
Imperial
Imperial
Imperial
Imperial
Imperial
Imperiai
Inyo
Inyo
Inyo
Inyo
Kern
Kern
Kern
Kem
Kern
Kern
Kern
Kern
Kern
Kern
Kern
Kern
Kern
Kern
Kings
Kings
Kings
Kings
Kings
Kings
Kings
Lake
Lake
Lake
Lake
Lake
Lassen
Lassen
Lassen
Lassen
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
0. 89
0. 99
0. 78
2. 52
1. 44
0. 03
0. 40
0. 17
0. 97
0. 84
1. 17
1. 62
1. 33
1. 36
1. 35
1. 66
0. 70
0. 00
0. 44
0. 38
0. 71
0. 67
0. 73
0. 36
0. 22
0. 84
0. 78
0. 69
1. 12
0. 57
1. 98
0. 39
0. 59
1. 06
0. 98
0. 10
0. 31
0. 10
0. 27
0. 99
1. 16
0. 97
1. 15
0. 59
2. 24
0. 25
4. 72
0. 03
0. 64
2. 55
0. 05
1. 09
0. 74
1. 07
0. 88
2. 31
2. 10
1. 45
1. 98
1. 88
1. 01
0. 85
0. 61
0. 57
0. 24
1. 90
1. 77
1. 90
1. 82
0. 18
0. 22
0. 13
1. 33
0. 12
1. 50
0. 23
0. 15
0. 32
0. 09
0. 12
0. 78
0. 29
0. 26
0. 07
0. 28
0.02 0. 32
0. 01
0. 92
0. 34
12, 598
9, 622
14, 535
25, 950
26, 652
3, 653
24, 487
158, 883
863, 943
1, 022, 826
8, 603
6, 372
14, 004
14, 975
28, 979
18, 691
1, 144
25, 966
1, 367
12, 245
3, 255
298
70, 625
62, 966
133, 591
28, 710
39, 762
3, 646
45, 456
5, 653
22, 422
2, 076
31, 371
147, 725
179, 096
3, 854
14, 938
3, 854
18, 792
19, 796
414, 451
13, 189
46, 036
1, 018
13, 902
27, 664
22, 356
7, 089
9, 372
23, 447
304, 188
598, 320
902, 508
9, 431
13, 547
59, 856
27, 122
25, 135
109, 956
135, 091
16, 367
5, 069
45, 889
21, 436
67, 325
9, 199
14, 802
9, 199
24, 001
19, 940
82, 176
56, 044
16, 060
3, 387
49, 736
70, 685
33, 366
76, 902
38, 438
31, 984
895
105, 842
22, 856
91, 745
48, 005
37, 305
12, 185
93, 699
50, 625
22, 208
12, 710
9, 717
14, 649
26, 603
27, 037
3, 654
24, 585
159, 148
872, 318
1, 031, 466
8, 704
6, 475
14, 190
15, 179
29, 369
19,001
1, 136
25, 967
1, 361
12, 198
3,232
296
70, 107
63, 191
133, 298
28, 952
40, 073
3, 671
45, 966
5, 685
22, 866
2, 084
31, 557
149, 297
180, 854
3, 850
14, 892
3, 850
18, 742
19, 991
419, 238
13, 317
46, 566
1, 024
14, 213
27, 732
23, 412
7, 087
9, 432
22, 850
304, 351
604, 862
909, 213
9, 532
13, 666
61, 238
27, 692
25, 500
112, 128
137, 628
16, 533
5, 026
45, 607
21, 559
67, 166
9, 374
15, 064
9, 374
24, 438
19, 904
82, 353
56, 116
16, 273
3, 383
48, 988
70, 848
33, 315
76, 656
38, 471
31, 945
902
106, 146
22, 797
91, 808
47, 871
37, 299
12, 146
93, 692
51, 090
22, 132
12, 710
9, 717
14, 649
26, 603
27, 037
3, 654
24, 585
160, 204
876, 849
1, 037, 053
8, 704
6, 475
14, 190
15, 179
29, 369
19, 001
1, 136
26, 122
1, 361
12, 198
3, 232
296
70, 471
63, 346
133, 817
28, 952
40, 073
6, 061
46,007
5, 685
22, 866
2, 084
34, 771
151, 728
186, 499
3, 850
14, 950
3, 850
18, 800
19, 991
419, 238
13, 317
52, 831
1, 024
14, 213
28, 386
23, 455
7, 087
11, 476
26, 235
306, 708
617, 253
923, 961
13,315
21, 612
61, 238
27, 692
30, 158
123, 857
154, 015
16, 533
5, 026
45, 695
21, 559
67, 254
12, 270
16, 446
12, 270
28, 716
19,904
82, 374
56, 116
16, 359
3, 383
48, 988
70, 848
33, 315
76, 656
38, 471
31, 945
902
106, 146
22, 797
91, 812
47, 871
37, 299
12, 146
93, 692
51, 090
22, 132
Culver City
Diamond Bar City
Downey City
Duarte City
EI Monte City
EI Segundo City
Gardena City
Glendale City
Glendora City
Hawaiian Gardens City
Hawthorne City
Hermosa Beach City
Hidden Hilis City
Huntinqton Park City
Inglewood City
Irwindale City
La Canada Flintridge City
La Habra Heights City
Lakewood City
La Mirada City
Lancaster City
La Puente City
La Verne City
Lawndale City
Lomita City
Long Beach City
Los Angeles City
Lynwood City
Malibu City
Manhattan Beach City
Maywood City
Monrovia City
Montebello City
Monterey Park City
Norwalk City
Palmdale City
Palos Verdes Estates City
Paramount City
Pasadena City
Pico Rivera City
Pomona City
Rancho Palos Verdes City
Redondo Beach City
Rolling Nills City
Rolling Hilis Estates City
Rosemead City
San Dimas City
San Fernando City
San Gabriel City
San Marino City
Santa Clarita City
Santa Fe Springs City
Santa Monica City
Sierra Madre City
Signal Hill City
South EI Monte City
South Gate City
South Pasadena City
Temple City
Torrance City
Vernon City
Walnut City
West Covina City
West Hollywood City
Westlake Village City
Whittier City
Balance of County
Chowchilia City
Madera City
Balance of County
Incorporated
County Totai
Belvedere City
Corte Madera City
Fairfax City
Larkspur City
Mill Valley City
Novato City
Ross City
San Anselmo City
San Rafael City
Sausalito City
Tiburon Town
Balance of County
Incorporated
County Total
Balance of County
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
l.os Angeles
Los Angeles
Los Anaeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
os Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
os Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Angeles
Los Anaeles
Madera
Madera
Madera
Madera
Madera
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Marin
Mariposa
0. 16
0. 07
0. 02
0. 22
0. 82
0. 11
0. 14
0. 26
0. 07
0. 07
0. 25
0. 22
0. 23
0.32 0. 29
0. 07
0. 05
0. 13
0. 10
0. 17
1. 62
0. 10
0. 59
0. 20
0. 04
0. 44
0. 44
0. 45
0. 18
0. 18
0. 25
1. 94
0. 79
0. 13
0. 32
0. 31
0. 12
0. 08
0. 41
0.00 0. 68
0. 25
0. 33
0. 24
0. 14
0. 41
0. 05
0. 62
1. 00
0. 09
0. 35
0. 90
0. 19
0. 30
0. 31
0. 02
0. 08
0. 06
0. 70
0. 10
0. 48
0. 74
0. 21
0. 10
0. 31
0. 03
0. 18
0. 31
1. 64
0. 85
2. 24
0. 98
0. 58
0. 29
0. 09
0. 09
0. 15
0. 07
0. 22
0. 83
0. 26
0. 05
0. 07
0. 18
0. 29
0. 09
0. 14
0. 21
40, 340
53, 577
111, 891
23, 798
107, 056
16, 976
60, 176
191, 706
51, 289
13, 552
85, 868
19, 055
1, 742
53. 213
106, 617
1, 510
20, 149
5, 510
80, 517
48, 315
170, 661
37, 508
32, 111
30, 921
20, 398
460, 230
3, 813, 575
66, 360
10, 623
34, 111
24, 557
38, 181
62, 243
59, 342
100, 585
166, 580
13, 014
52, 415
140, 054
60, 859
152, 005
40, 831
68, 319
1, 673
8, 557
50, 296
34, 226
23, 546
38, 569
12, 341
231, 573
18, 341
93, 034
10, 903
11, 457
19, 538
92, 883
26, 272
36, 069
143, 410
208
28, 008
109, 657
35, 250
7, 943
87, 820
1, 001, 862
13, 729
67, 013
75, 718
80, 742
156, 460
2, 052
9, 947
7, 400
12, 750
13, 679
51, 372
2, 290
12, 519
59, 917
6, 936
8, 894
63, 257
187, 756
251, 013
16, 897
40, 403
53, 539
111, 871
23, 746
107, 938
16, 958
60, 263
192, 212
51, 254
13, 561
85, 653
19, 014
1, 746
106, 305
1, 509
20, 160
5, 503
80, 596
48, 233
173, 424
37, 546
32, 300
30, 860
20, 407
462, 246
3, 830, 479
66, 660
10, 604
34, 051
24, 496
38, 920
62, 732
59, 262
100, 265
167, 097
12, 999
52, 371
140, 631
60, 858
153, 042
40, 727
68, 091
1, 677
8, 545
50, 501
34, 209
23, 692
38, 953
12, 330
232, 377
18, 506
93, 212
10, 870
11, 421
19,535
92, 955
26, 287
36, 322
143, 261
207
28, 214
109, 428
35, 284
7, 918
87, 850
1, 003, 674
8, 861, 693
13, 504
66, 443
77, 414
79, 947
157, 361
2, 058
9, 956
7, 407
12, 731
13, 688
51, 486
2, 309
12, 551
59, 885
6, 941
8, 910
63, 441
187, 922
251, 363
16, 861
40, 403
53, 539
111, 871
23, 746
107, 986
16, 983
60, 263
192, 212
51, 254
13, 561
85, 653
19, 014
1, 746
53, 051
106, 305
1, 509
20, 160
5, 503
80, 596
48, 233
177, 768
37, 546
32, 300
30, 860
20, 407
462, 561
3, 835, 263
66, 660
10, 604
34, 051
24, 496
38, 920
62, 732
59, 269
101, 075
167, 097
12, 999
52, 371
140, 631
60, 858
153, 042
40, 727
68, 091
1, 677
8, 545
50, 501
34, 209
23, 692
38, 953
12, 330
232, 377
18, 680
93, 212
10, 870
11, 421
19, 535
92, 955
26, 287
36, 322
143, 261
207
28,214
109, 428
35, 284
7, 918
87, 850
1, 004, 490
18, 742
66, 443
77, 414
85, 185
162, 599
2, 058
9, 966
7, 407
12, 731
13, 688
51, 690
2, 309
12, 551
59, 885
6, 941
8, 910
66, 414
188, 136
254, 550
16, 917
County Total
Fort eragg City
Point Arena City
Ukiah City
Willits City
Balance of County
Incorporated
County Total
Atwater City
Dos Palos City
Gustine City
Livingston City
Los Banos City
Merced City
Balance of County
Incorporated
County Total
Alturas City
Balance of County
Incorporated
County Total
Mammoth Lakes Town
Balance of County
Incorporated
County Total
Carmel- by-the- Sea City
Del Rey Oaks City
Gonzales City
Greenfield City
King City
Marina City
Monterey City
Pacific Grove City
Salinas City
Sand City
Seaside City
Soledad City
Balance of County
Incorporated
County Total
American Canyon City
Calistoga City
Napa City
St Nelena City
Yountville City
Balance of County
Incorporated
County Total
Grass Valley City
Nevada City
Truckee Town
Balance of County
Incorporated
County Total
Aliso Viejo City
Anaheim City
Brea City
Buena Park City
Costa Mesa City
Cypress City
Dana Point City
Fountain Valley City
Fullerton City
Garden Grove City
Huntington Beach City
Irvine City
Laguna Beach City
Laguna Hilis City
Laguna Niguel City
Laguna Woods City
La Habra City
Lake Forest City
La Palma City
Los Alamitos City
Mission Viejo City
Newport Beach City
Orange City
Placentia City
Rancho Santa Margarita City
San Clemente City
San Juan Capistrano City
Santa Ana City
Seal Beach City
Stanton City
Tustin City
Villa Park City
Westminster City
Yorba Linda City
Balance of County
Incorporated
Mariposa
Mendocino
Mendocino
Mendocino
Mendocino
Mendocino
Mendocino
Mendocino
Merced
Merced
Merced
Merced
Merced
Merced
Merced
Merced
Merced
Modoc
Modoc
Modoc
Modoc
Mono
Mono
Mono
Mono
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Monterey
Napa
Napa
Napa
Napa
Napa
Napa
Napa
Napa
Nevada
Nevada
Nevada
Nevada
Nevada
Nevada
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
Orange
0. 21
0. 10
1. 57
0. 60
0. 31
0. 09
0. 29
0. 03
0. 18
0. 28
0. 23
0. 07
1. 42
5. 26
4. 65
2. 75
0. 43
0. 19
0. 22
0. 19
0. 21
1. 47
1. 75
1. 47
1. 59
0. 23
0. 32
0. 30
1. 18
1. 09
1. 12
0. 33
0. 43
0. 24
0. 27
1. 35
1. 80
0. 14
0. 25
0. 15
2. 94
0. 41
0. 28
0. 13
0. 54
0. 30
0. 73
0. 56
0. 72
0. 86
0. 03
0. 63
0. 36
0. 54
0. 45
0. 08
0. 42
0. 13
0. 25
0. 13
0. 37
0. 09
0. 31
0. 12
0. 19
0. 79
0. 02
0. 41
0. 65
0. 46
0. 06
0. 10
0. 44
0. 32
0. 28
0. 41
0. 95
2. 52
0. 46
0. 35
0. 23
0. 68
0. 47
0. 06
0. 15
0. 21
0. 13
0. 46
0. 54
0. 15
16, 897
7, 194
445
16, 227
4, 853
61, 031
28, 719
89, 750
31, 921
5, 728
6, 035
14,451
48, 213
93, 138
91, 101
199, 486
290, 587
2, 662
5, 847
2, 662
8, 509
7, 145
5, 647
7, 145
12, 792
3,056
1, 551
8, 459
20, 543
14, 189
22, 831
24, 282
14, 935
161, 039
374
26, 367
20, 005
105, 111
317, 631
422, 742
21, 757
5, 181
77, 520
5, 356
2, 056
21, 840
111, 870
133, 710
13, 461
3, 365
16, 923
67, 092
33, 749
100,841
50, 442
341, 967
48, 101
82, 772
110, 048
49, 563
32, 850
56, 612
141, 909
171, 260
193, 510
316, 119
22, 759
30, 435
64, 834
17, 262
61, 236
87, 553
15, 177
12, 044
91, 993
82, 995
138, 403
52, 653
46, 553
63, 085
35, 247
313, 210
24, 439
40, 576
79, 449
5, 750
90, 181
66, 573
132, 313
3, 037, 560
16, 861
7, 187
452
16, 325
4, 838
60, 975
28, 802
89, 777
31, 862
5, 712
6, 021
14, 441
48, 896
98, 039
86, 861
204, 971
291, 832
2, 657
5, 834
2, 657
8, 491
7, 040
5, 548
7, 040
12, 588
3, 049
1, 546
8, 434
20, 785
14, 344
23, 086
24, 202
14, 871
160, 645
373
26, 724
20, 366
104, 962
318, 425
423, 387
22, 396
5, 160
77, 736
5, 349
2, 045
21, 775
112, 686
134, 461
13, 364
3, 336
16, 928
66, 667
33, 628
100, 295
50, 213
341, 686
47, 900
82, 667
110, 321
49, 499
32, 730
56, 560
141, 469
171, 470
193, 134
318, 629
22, 763
30, 309
65, 257
17, 183
61, 202
87, 639
15, 110
12, 006
91, 740
82, 654
139, 724
53, 982
46, 341
62, 865
35, 329
315, 325
24, 325
40, 552
79, 326
5, 738
90, 295
66, 267
133, 023
3, 042, 210
16, 917
7, 187
452
16, 325
4, 838
61, 025
28, 802
89, 827
31, 862
5, 712
6, 021
14, 441
48, 896
98, 039
88, 109
204, 971
293, 080
2, 657
5, 834
2, 657
8, 491
7, 040
5, 644
7, 040
12,684
3, 049
1, 546
8, 434
20, 785
14, 344
23, 086
27, 273
14, 871
160, 645
373
32, 019
27, 310
105, 096
333, 735
438, 831
22, 396
5, 160
77, 736
5, 349
2, 638
22, 845
113, 279
136, 124
13, 364
3, 336
16, 928
66, 726
33, 628
100, 354
50, 213
341, 773
47, 900
82, 667
110, 321
49, 499
32, 730
56, 560
141, 469
171, 492
193, 134
318, 629
22, 763
30, 309
65, 257
17, 183
61, 202
87, 639
15, 110
12, 006
91, 740
82, 654
139, 724
53, 982
46, 341
62, 865
35, 329
315, 325
24, 400
40, 552
79, 326
5, 738
90, 295
66, 267
133, 033
3, 042, 394
County Total
Aubum City
Colfax City
Lincoin City
Loomis Town
Rocklin City
Roseville City
Balance of County
Incorporated
County Total
Portola City
Balance of County
Incorporated
County Total
Banning City
Beaumont City
Blythe City
Calimesa City
Canyon Lake City
Cathedral City
Coachella City
COf0t18 Ily
Desert Hot Springs City
Eastvale City
Hemet City
Indian Wells City
Indio City
Jurupa Valley City
Lake Elsinore City
La Quinta City
Menifee City
Moreno Valley City
Murrieta City
Norco City
Palm Desert City
Palm Springs City
Perris City
Rancho Mirage City
Riverside City
San Jacinto City
Temecula City
Wildomar City
Balance of County
Incorporated
County Total
Citrus Heights City
Elk Grove City
Folsom City
Galt City
Isleton City
Rancho Cordova City
Sacramento City
Balance of County
Incorporated
County Total
Hollister City
San Juan Bautista City
Balance of County
Incorporated
County Total
Adelanto City
Appie Valley Town
Barstow City
Big Bear Lake City
Chino City
Chino Hills City
Colton City
Fontana City
Grand Terrace City
Hesperia City
Highland City
Loma Linda City
Montclair City
Needles City
Ontario City
Rancho Cucamonga City
Redlands City
Rialto City
San Bernardino City
Twentynine Palms City
Upland City
Victorville City
Yucaipa City
Yucca Valley Town
Balance of County
Incorporated
County Total
Carisbad City
Chula Vista City
Coronado City
Orange
Placer
Placer
Placer
Placer
Piacer
Placer
Placer
Placer
Placer
Plumas
Plumas
Plumas
Plumas
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
IVP_.rCIf,P
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Riverside
Sacramento
Sacramento
Sacramento
Sacramento
Sacramento
Sacramento
Sacramento
Sacramento
Sacramento
Sacramento
San Benito
San Benito
San Benito
San Benito
San Benito
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Bernardino
San Diego
San Diego
San Diego
0. 17
1. 27
1. 48
0. 65
0. 59
0. 28
0. 76
0. 44
0. 49
0. 24
0. 94
0. 62
0. 94
0. 44
0. 37
1. 78
0. 95
0. 79
0. 74
0. 67
0. 76
0. 32
0. 02
0. 68
0. 20
0. 06
0. 17
0. 90
0. 97
0. 90
1. 30
0. 27
0. 44
0. 63
0. 04
0. 63
0. 36
0. 62
0. 37
0. 10
1. 19
0. 05
1. 53
0. 02
0. 27
0. 43
1. 24
3. 69
1. 38
0. 65
3. 16
0. 31
0. 26
0. 97
0. 50
0. 51
0. 81
0. 50
0. 45
0. 46
1. 42
0. 11
0. 55
0. 48
1. 76
0. 18
0. 42
0.96 0. 51
0. 54
1. 16
0. 19
0. 38
0. 54
0. 84
0. 44
0. 10
1. 09
0. 08
7. 84
0. 23
0. 49
0. 51
0. 03
0. 22
0. 54
0. 44
0. 24
0. 19
0. 41
3, 169, 873
13, 457
2, 026
54, 167
6, 729
72, 967
157, 304
113, 786
306, 650
420, 436
2, 118
16, 684
2, 118
18, 802
32, 068
58, 665
12, 593
11, 082
11, 086
51, 962
44, 050
159, 667
33, 255
70, 274
91, 751
4, 859
92, 693
106, 830
72, 934
39, 148
113, 837
211, 389
111, 299
22, 563
51, 961
44, 760
80, 947
17, 227
321, 479
54, 936
110, 898
37, 060
411, 338
2, 071, 273
2, 482, 611
86, 655
180, 599
84, 416
25, 738
769
82, 837
526, 327
604, 360
987, 341
1, 591, 701
43, 272
2, 095
21, 147
45, 367
66, 514
36, 629
75, 339
24, 634
4, 977
90, 123
77, 452
53, 505
217, 084
12, 868
101, 248
56, 436
25, 323
37, 670
4, 817
182, 875
175, 227
73, 416
104, 426
221, 218
14, 775
79, 326
135, 981
54, 561
22, 021
290, 454
1, 881, 931
2, 172, 385
116, 652
280, 590
17, 471
3, 175, 233
13, 286
1, 996
54, 520
6, 689
73, 172
158, 494
113, 289
308, 157
421, 446
2, 098
16, 787
2, 098
18, 885
31, 949
59, 708
12, 473
10,994
11, 004
51, 615
44, 384
159, 157
33, 262
69, 799
91, 934
4, 862
92, 539
105, 870
73, 638
38, 796
115, 316
210, 823
111, 789
22, 421
51, 980
44, 476
81, 240
17, 120
320, 278
54, 990
112, 220
37,077
417, 646
2, 071, 714
2, 489, 360
86, 280
182, 842
87, 532
26, 092
764
85, 451
527, 979
602, 760
996, 940
1, 599, 700
43, 492
2, 078
21, 252
45, 570
66, 822
37, 150
75,255
24, 498
4, 953
91, 712
77, 314
53, 278
219, 172
12, 803
101, 792
57, 088
25, 276
37, 526
4, 791
184, 404
175, 992
73, 488
105, 565
221, 387
15, 934
79, 140
136, 652
54, 838
22, 027
289, 811
1, 892, 035
2, 181, 846
116, 368
281, 137
17, 400
3, 175, 427
13, 286
1, 996
54, 520
6, 689
73, 172
158, 494
113, 289
308, 157
421, 446
2, 098
16, 787
2, 098
1 S, 885
31, 949
59, 708
15, 400
10, 994
11, 004
51, 651
44, 384
159, 157
33, 262
69, 799
91, 934
4, 862
92, 539
105, 928
73, 783
38, 796
115, 316
210, 823
111, 789
25, 221
51, 980
44, 476
81, 240
17, 120
320, 337
54, 990
112, 220
37, 077
417, 901
2, 077, 739
2, 495, 640
86, 280
182, 842
92, 577
26, 092
764
85, 451
527, 979
602, 760
1, 001, 985
1, 604, 745
43, 492
2, 078
21, 252
45,570
66, 822
37, 150
75, 262
24, 811
4, 953
95, 206
77, 314
53, 278
219, 172
12, 803
101, 792
57, 088
25, 322
37, 526
4, 791
184, 404
175, 992
73, 488
105, 565
222, 727
24, 257
79, 140
141, 013
54, 838
22, 027
297, 505
1, 909, 919
2, 207, 424
116, 368
281, 401
22, 610
Del Mar City
EI Cajon City
Encinitas City
Escondido City
Imperial Beach City
La Mesa City
Lemon Grove City
National City
Oceanside City
Poway City
San Diego City
San Marcos City
Santee City
Solana Beach City
Vista City
Balance of County
Incorporated
County Total
San Francisco City
Incorporated
County Total
Escalon City
Lathrop City
Lodi City
Manteca City
Mountain House City
Ripon City
Stockton City
Tracy City
Balance of County
Incorporated
County Total
Arroyo Grande City
Atascadero City
EI Paso de Robles City
Grover Beach City
Morro Bay City
Pismo Beach City
San Luis Obispo City
Balance of County
Incorporated
County Total
Atherton Town
Belmont City
Brisbane City
Burlingame City
Colma Town
Daly City
East Palo Alto City
Foster City
Half Moon Bay City
Hillsborough Town
Menlo Park City,
Miilbrae City
Pacifica City
Portola Valley Town
Redwood City
San Bruno City
San Carlos City
San Mateo City
South San Francisco City
Woodside Town
Balance of County
Incorporated
County Total
Buellton City
Carpinteria City
Goleta City
Guadalupe City
Lompoc City
Santa Barbara City
Santa Maria City
Solvang City
Balance of County
Incorporated
County Total
Campbell City
Cupertino City
Gilroy City
Los Altos City
Los Altos Hills Town
Los Gatos Town
Milpitas City
Monte Sereno City
Morgan Hill City
Mountain View City
Palo Alto City
San Jose City
Santa Clara City
Saratoga City
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Diego
San Francisco
San Francisco
San Francisco
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Joaquin
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Luis Obispo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
San Mateo
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Barbara
Santa Clara
Santa Ciara
Santa Clara
Santa Clara
Santa Clara
Santa Clara
Santa Clara
Santa Clara
Santa Clara
Santa Clara
Santa Ciara
Santa Clara
Santa Clara
Santa Clara
0. 05
0. 47
0. 17
0. 63
0. 35
0. 27
0. 93
0. 07
0. 44
0. 86
1. 15
0. 14
0. 60
0. 52
0. 14
0. 19
0. 54
0. 44
0. 39
0. 39
0. 39
1. 43
4. 03
0. 25
1. 76
0. 00
1. 33
0. 77
0. 73
16. 29
4. 63
0. 46
0. 64
0. 72
0. 24
0. 35
0. 00
0. 69
1. 52
0. 61
0. 25
0. 12
0. 33
3. 90
0. 51
2. 55
0. 70
0. 16
0. 65
0. 60
0. 26
0. 38
0. 35
0. 53
0. 41
0. 02
0. 57
0. 29
0. 45
0. 09
0. 39
0. 58
0. 32
0. 11
0. 07
2. 23
0. 09
0. 45
1. 81
0. 05
0. 31
1. 19
0. 47
0. 52
0. 68
0.63 0. 22
0. 09
1. 10
0. 62
0. 33
0. 43
0. 59
0.66 0. 06
0. 19
0. 31
0. 08
0. 57
0. 29
3, 948
105, 429
61, 851
151, 386
26, 462
61, 072
27, 903
56, 900
173, 569
49, 948
1, 378,448
97, 261
59, 928
13, 054
101, 740
470, 041
2, 783, 612
3, 253, 653
844, 789
844, 789
844, 789
7, 337
37, 102
67, 262
92, 116
15, 966
323, 325
97, 501
159, 392
640, 609
800, 001
18, 025
29, 305
30, 988
12, 455
10,404
7, 858
48, 791
118, 580
157, 826
276, 406
7, 030
27, 146
4, 700
30, 768
1, 421
102, 315
29, 325
32, 856
11, 333
11, 211
33, 291
23, 288
37, 365
4, 286
82, 546
42, 507
29, 669
104, 221
65, 146
5, 176
62, 047
685, 600
747, 647
4, 980
12, 723
32, 601
8, 694
40, 518
86, 159
110, 885
5, 728
136, 287
302, 288
438, 575
43, 377
59, 887
61, 402
31, 523
8, 520
33, 500
82, 401
3, 613
46, 573
86, 674
68, 550
980, 174
133, 829
31, 020
3, 950
104, 932
61, 956
150, 425
26, 369
60, 908
28, 163
56, 941
174, 340
50, 379
1, 394, 234
97, 123
59, 568
12, 986
101, 599
469, 135
2,798,778
3, 267, 913
841, 467
841, 467
841, 467
7, 232
38, 596
67, 093
93, 733
28, 795
15, 753
320, 847
98, 215
133, 422
670, 264
803, 686
17, 910
29, 093
31, 061
12, 411
10, 404
7, 804
49, 534
117, 852
158, 217
276, 069
7, 007
28, 206
4, 676
31, 552
1, 411
102, 155
29, 133
32, 658
11, 303
11, 254
33, 175
23, 164
37, 212
4, 285
82, 073
42, 631
29, 535
104, 315
65, 397
5, 206
61, 848
686, 348
748, 196
5, 091
12, 735
32, 747
8, 851
40, 538
86, 422
112, 208
5, 755
136, 992
304,347
441, 339
43, 281
59, 831
62, 076
31, 720
8, 548
33, 355
81, 915
3, 637
46, 599
86, 513
68, 763
979, 415
134, 587
31, 110
3, 950
104, 932
61, 956
150, 425
26, 369
60, 908
28, 163
58, 965
174, 340
50, 379
1, 408, 937
97, 123
59, 568
12, 986
101, 599
509, 160
2, 820, 979
3, 330, 139
842, 027
842, 027
842, 027
7, 232
38, 596
67, 093
93, 733
28, 795
15, 753
320, 877
98, 215
135, 562
670, 294
805, 856
17, 910
30, 134
31, 061
12, 411
10, 404
7, 804
49, 534
120, 079
159,258
279, 337
7, 007
28, 206
4, 676
31, 552
1, 411
102, 155
29, 133
32, 658
11, 303
11, 254
33, 311
23, 164
37, 217
4, 285
82, 073
42, 631
29, 535
104, 315
65, 397
5, 206
61, 848
686, 489
748, 337
5, 091
12, 735
32, 747
S, 851
43,424
86, 451
112, 208
5, 755
139, 870
307, 262
447, 132
43,281
59, 831
62, 205
31, 720
8, 548
33, 355
81, 915
3, 637
46, 599
86, 513
68, 794
979, 415
134, 587
31, 110
Sunnyvale City
Balance of County
Incorporated
County Total
Capitola City
Santa Cruz City
Scotts Valley City
Watsonville City
Balance of County
Incorporated
County Total
Anderson City
Redding City
Shasta Lake City
Balance of County
Incorporated
County Total
Loyalton City
Balance of County
Incorporated
County Total
Dorris City
Dunsmuir City
Etna City
Fort Jones City
Montague City
Mount Shasta City
Tulelake City
Weed City
Yreka City
Balance of County
Incorporated
County Total
Benicia City
Dixon City
Fairfield City
Rio Vista City
Suisun City
Vacaville City
Valiejo City
Balance of County
Incorporated
County Total
Cloverdale City
Cotati City
Nealdsburg City
Petaluma City
Rohnert Park City
Santa Rosa City
Sebastopol City
Sonoma City
Windsor Town
Balance of County
Incorporated
County Total
Ceres City
Hughson City
Modesto City
Newman City
Oakdale City
Patterson City
Riverbank City
Turlock City
Waterford City
Balance of County
Incorporated
County Total
Live Oak City
Yuba City
Balance of County
Incorporated
County Total
Corning City
Red Bluff City
Tehama City
Balance of County
Incorporated
County Totai
Balance of County
County Total
Dinuba City
Exeter City
Farmersville City
Lindsay City
Porterville City
Tulare City
Visalia City
Woodlake City
Balance of County
Incorporated
Santa Clara
Santa Clara
Santa Clara
Santa Clara
Santa Cruz
Santa Cruz
Santa Cruz
Santa Cruz
Santa Cruz
Santa Cruz
Santa Cruz
Shasta
Shasta
Shasta
Shasta
Shasta
Shasta
Sierra
Sierra
Sierra
Sierra
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Siskiyou
Solano
Solano
Solano
Solano
Solano
Solano
Solano
Solano
Solano
Solano
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Sonoma
Stanislaus
Stanislaus
Stanislaus
Stanislaus
Stanisiaus
Stanislaus
Stanislaus
Stanislaus
Stanislaus
Stanislaus
Stanislaus
Stanislaus
Sutter
Sutter
Sutter
Sutter
Sutter
Tehama
Tehama
Tehama
Tehama
Tehama
Tehama
Trinity
Trinity
Tulare
Tulare
Tulare
Tulare
Tulare
Tulare
Tulare
Tulare
Tulare
Tulare
0. 46
0. 21
0. 06
0. 04
0. 35
0. 18
0. 04
0. 47
0. 04
0. 23
0. 10
0. 73
0.09 0. 74
0. 49
0. 06
0. 22
0. 27
0. 20
0. 27
0. 22
0. 84
0. 91
0. 75
0. 75
0. 42
0. 72
0. 82
0. 30
0. 64
0. 49
0. 05
0. 29
0. 58
2. 89
0. 07
1. 78
0. 13
0. 04
0. 48
0. 27
0. 02
0. 03
0. 97
0. 86
0. 35
0. 40
0. 06
0. 80
0. 40
0. 83
0. 17
0. 46
0. 38
0. 15
0. 35
2. 26
0. 03
1. 05
0. 28
3. 57
3. 16
0. 31
0. 09
0. 02
0. 49
0. 39
0. 58
0. 96
0. 49
0. 92
0. 83
1. 30
0. 11
0. 23
0. 41
0. 53
0. 07
0. 16
0. 16
0. 67
0. 19
0. 29
0. 07
0. 04
2. 02
0. 69
2. 72
0. 54
0. 81
158, 948
90, 602
1, 829, 991
1, 920, 593
9, 704
62, 861
11, 836
50, 860
128, 130
135, 261
263, 391
11, 048
93, 330
10, 209
65, 836
114, 587
180, 423
732
2, 445
732
3, 177
837
1, 643
667
668
1, 200
3, 202
858
2, 708
7, 829
23, 772
19, 612
43, 384
26, 347
19, 608
116, 199
10, 157
29, 074
97, 347
122, 791
17, 285
421, 523
438, 808
8, 763
7, 353
11, 010
58, 858
44, 089
177, 043
7, 338
10, 595
25, 669
130, 591
350, 718
481, 309
49, 480
7, 801
219, 705
12, 260
23, 167
24, 977
25, 290
71, 997
9, 161
109, 776
443, 838
553, 614
9, 602
69, 781
20, 048
79, 383
99, 431
8, 162
14, 450
427
41, 702
23, 039
64,741
15, 850
15, 850
25, 852
10, 252
10, 422
12, 734
63, 427
71, 557
145,714
7, 793
135, 452
347, 751
159, 673
90, 412
1, 831, 023
1, 921, 435
9, 670
62, 972
11, 831
51, 101
128, 079
135, 574
263, 653
10, 967
93, 413
10, 133
65, 514
114, 513
180, 027
730
2, 440
730
3, 170
830
1, 628
662
663
1, 195
3, 179
851
2, 716
7, 879
23, 656
19, 603
43, 259
26, 195
20, 174
116, 112
10, 338
29, 036
97, 382
122, 207
17, 238
421, 444
438, 682
8, 678
7, 290
10, 972
59, 094
44, 062
178, 452
7, 367
10, 507
25, 625
129, 985
352, 047
482, 032
49, 305
7, 977
219, 765
12, 389
23, 231
25, 868
26, 090
72, 219
9, 169
109, 752
446, 013
555, 765
9, 658
70, 453
20, 146
80, 111
100, 257
8, 268
14, 466
428
41, 532
23, 162
64, 694
15, 825
15, 825
26, 025
10, 233
10, 392
12,725
63, 455
73, 002
146, 722
8, 005
136, 180
350, 559
159, 673
91, 076
1, 831, 183
1, 922, 259
9, 670
62, 972
11, 831
51, 101
128, 136
135, 574
263, 710
10, 967
93, 534
10, 133
65, 567
114, 634
180, 201
730
2, 440
730
3, 170
830
1, 628
662
663
1, 195
3, 179
851
2, 716
7, 879
23, 708
19, 603
43, 311
26, 195
20, 174
120, 720
10, 338
29, 036
103, 181
122, 207
17, 988
431, 851
449, 839
8, 678
7, 290
10, 972
59, 094
44, 062
178, 452
7, 367
10, 507
25, 625
130, 801
352, 047
482, 848
49, 305
7, 977
219, 765
12, 389
23, 231
25, 868
26, 090
72, 219
9, 169
109, 752
446, 013
555, 765
9, 658
70, 453
20, 146
80, 111
100, 257
8, 268
14, 466
428
41, 665
23, 162
64, 827
15, 884
15, 884
26, 025
10, 233
10, 392
12, 725
63, 622
73, 002
146, 978
8, 005
136, 227
350, 982
County Tota) Tulare 0.73 483, 203 486, 739 487, 209
Sonora City Tuolumne - 0. 74 5, 154 5, 116 5, 116
Balance of County Tuolumne - 0. 27 46, 963 46, 836 49, 241 Incorporated Tuolumne - 0. 74 5, 154 5, 116 5, 116
County Total Tuolumne - 0. 32 52, 117 51, 952 54, 357
Camarillo City Ventura - 0. 78 69, 467 68, 927 68, 927
Fillmore City Ventura - 0. 35 17, 095 17, 035 17, 035
Moorpark City Ventura - 0. 77 35, 023 34, 754 34, 754
Ojai City Ventura 0.04 7, 556 7, 559 7, 559
Oxnard City Ventura 0. 18 198, 384 198, 733 198, 733
Port Hueneme City Ventura - 0. 81 19, 024 18, 870 20, 838 San Buenaventura ( Ventura) City Ventura 0. 58 108, 304 108, 930 108,985 Santa Paula City Ventura 0. 47 31, 511 31, 658 31, 658
Simi Valley City Ventura 0. 00 124, 640 124, 645 124, 815 Thousand Oaks City Ventura - 0. 73 123, 372 122, 468 122, 468 Balance of County Ventura 1. 49 90, 070 91, 416 93, 233 Incorporated Ventura - 0. 11 734, 376 733, 579 735, 772 County Total Ventura 0. 07 824, 446 824, 995 829, 005
Davis City Yolo - 0. 43 65, 708 65, 423 65, 423
West Sacramento City Yolo 0. 85 54, 938 55, 403 55, 403 Winters City Yolo 4. 14 7, 702 8, 021 8, 021
Woodland City Yolo 0. 35 61, 406 61, 623 61, 623
Balance of County Yolo 1. 83 34, 334 34, 963 34, 963
Incorporated Yolo 0. 38 189, 754 190, 470 190, 470
County Total Yolo 0.60 224, 088 225, 433 225, 433
Marysville City Yuba - 0. 84 12, 825 12, 717 12, 717
Wheatland City Yuba 2. 29 3,922 4, 012 4, 012
Balance of County Yuba 0. 57 65, 454 65, 828 68, 294
Incorporated Yuba - 0. 11 16, 747 16, 729 16, 729
County Total Yuba 0.43 82, 201 82, 557 85, 023
Exclusions include residents on federal military instailations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
ITEM NO. 6.6
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: June 26, 2025
SUBJECT: Consideration of Amendment No. 2 to a Professional Services Agreement with Jeff Parriott Photographic Services, for Historical Photographic Services, extending the term through June 30, 2030, increasing compensation by $300,000.00, amending the Scope of Services, Rate Schedule, indemnity language specific to independent contractors, and contact information for notices to the City and City Attorney’s office Background:
On September 10, 2020, the City Council approved a Professional Services Agreement ("Agreement") with Jeff Parriott Photographic Services ("Parriott"), for professional historic photographic scanning and related services including scanning of historic photographs, maps, and other documents; digitally correcting damage to scanned image files; and document printing and framing at all City facilities, including City Hall and the Workman and Temple Family Homestead Museum. On March 11, 2021, the City Council approved Amendment No. 1 to add book services and increase compensation by $20,000.00, for a not-to-exceed amount of $270,000.00. At the June 10, 2025 City Council meeting, Staff was asked to provide additional information and has since prepared both the requested details and a revised amendment for Council's consideration.
Discussion:
The majority of the work involves the scanning of historical photographs and documents.
Scanning times vary depending on the item type, ranging from approximately 30 seconds to 10 minutes per image. Staff estimates that scanning services are needed through 2029 in order to complete the current assignment. At that time, Staff may reevaluate service needs and make adjustments if necessary. To help the scanning effort, Staff is exploring alternative scanning options, including the use of volunteers or contract museum staff.
The Agreement expires on June 30, 2025. The proposed Amendment No. 2 will extend the term for five years through June 30, 2030, add an accompanying $300,000.00, amend the Scope of
Services to reflect current services, amend the Rate Schedule to reflect the Consultant’s updated rates. Furthermore, the amendment will include indemnity language specific to independent contractors to comply with best practices, and revise the contact information for notices to the City and City Attorney’s office.
Fiscal Impact:
Funding for the proposed amendment is available in General Fund - Workman Temple Homestead - Professional Services (Account No. 100-626-5120.01). No appropriation needed at this time.
Recommendation:
Staff recommends the City Council approve Amendment No. 2 to the Professional Services Agreement with Jeff Parriott Photographic Services.
Exhibits:
1. Amendment No. 2 to the Professional Services Agreement with Jeff Parriott Photographic Services
1 AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT WITH
JEFF PARRIOTT PHOTOGRAPHIC SERVICES
This Amendment No. 2 to the Professional Service Agreement (“Agreement”), is made and entered into this 26th day of June, 2025 (“Effective Date”), by and between the City of Industry, a California municipal corporation (“City”), and Jeff Parriott Photographic Services, a sole proprietor (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.
RECITALS
WHEREAS, on or about September 10, 2020, the Agreement was entered into and executed between the City and Consultant to provide professional historic photographic scanning and related services at all city facilities; and WHEREAS, on or about March 11, 2021, Amendment No. 1 was approved to increase the compensation by $20,000.00 and revise the Scope of Services to add book services; and
WHEREAS, the Parties desire to amend the Agreement to extend the term through June 30, 2030, increase compensation by $300,000.00, amend the Scope of Services to reflect current services, and amend the Rate Schedule to reflect the Consultant’s updated rates. Furthermore, it is necessary to comply with best practices and include indemnity language specific to independent contractors along with revising the contact information for notices to the City and City Attorney’s office; 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 the Effective Date and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2030, unless sooner terminated pursuant to the provisions of this Agreement.
Notwithstanding the foregoing, the City may extend the Term of the Agreement for a period of one year three times during the original term.
2 Section 4. PAYMENT
Section 4(a) is hereby amended to read in its entirety as follows:
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 Five Hundred Seventy Thousand Dollars ($570,000.00) for the Total Term of the Agreement unless additional payment is approved as provided in this Agreement.
Section 9. INDEPENDENT CONSULTANT
Section 9(c) is hereby added in its entirety to read 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 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
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
Exhibit A is hereby rescinded in its entirety and replaced with Attachment 1, attached hereto, and incorporated herein by reference.
EXHIBIT B RATE SCHEDULE
3 Exhibit B is hereby rescinded in its entirety and replaced with Attachment 2, attached hereto, and incorporated herein by reference.
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 have executed this Amendment No. 2 to the Agreement as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry Jeff Parriott Photographic Services
By: ________________________________ By: _____________________________ Joshua Nelson, City Manager Jeff Parriott
Attest:
By: ____________________________________
Julie Gutierrez-Robles, City Clerk
APPROVED AS TO FORM:
By: ________________________________
James M. Casso, City Attorney
4 ATTACHMENT 1
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide professional photography services as needed and if required including by not limited to:
1. Scan historic photographs, maps, scrap books and ephemera (“Artifacts”) at city facilities, including Industry City Hall and the Workman and Temple Family Homestead Museum (“Museum”), and provide related scanning services including correction of contrast and exposure and, as needed, digitally correcting damage to the scanned image file.
2. Use guidelines established by the National Archives and Records Administration for digitizing archival materials for electronic access as well as work with parameters established in conjunction with City or museum staff, as applicable.
3. Print, frame, install, and reposition framed works, pictures, certificates, and documents.
4. Upon request, take photographs including, but not limited to: Portraits, Capital Improvement Projects, city facilities, and structures.
5. Archive Artifacts at city facilities, including Industry City Hall and Museum, and provide related services including cataloging, scanning, restoring (as needed), and storing of Artifacts in archival sleeves, envelopes and boxes or other containers designed for historical archival purposes.
6. Assist with the development of publications, printed media, digital media, or other materials or work product related to documentation of the City’s history. For the work tentatively titled Images of America: City of Industry, Consultant shall prepare 150 to 220 images made up of photographs and postcards plus incidental illustrative items if required, including maps, diagrams, drawings, pictures, and other material to be used in the work. The work shall contain no fewer than 8,000 words or more than 18,000 words. The layout of the work shall conform to the style necessary for publishing.
7. Assign keywords to the data record of each image file to assist searches for pertinent historical subject matter within the collections.
5 ATTACHMENT 2
EXHIBIT B
RATE SCHEDULE
Hourly rate: $75.00/hour
Printing and framing of pictures, certificates, and documents: Actual cost + 25% Consultant shall be responsible for all expenses incurred while performing services under this Agreement. This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel and other taxes, fines, radio, pager, or cell phone expenses.
Consultant shall furnish all vehicle, equipment, tools, and materials used to provide the services required by this Agreement. City will not require Consultant to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.
ITEM NO. 6.7
Backup Material will be distributed prior to Meeting
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
Yvette Padilla, Management Analyst II
DATE: June 26, 2025
SUBJECT: Consideration of Amendment No. 1 to the Professional Services Agreement with Keenan & Associates, Broker of Record Designation Services extending the term through June 30, 2028, at a cost of $152,974.00, and updating the Rate Schedule
Background:
On June 23, 2022, the City entered into a Professional Services Agreement (“Agreement”) with Keenan & Associates (“Keenan”) for broker of record insurance services in the amount of $140,800.00. Initially, Keenan was engaged in 2017 to serve as the City’s insurance broker, assisting in the placement and management of the City’s property, liability, and workers’ compensation insurance coverage.
Discussion:
Keenan has consistently supported the City by assessing its insurance needs and working with staff to secure appropriate and cost-effective coverage.
Amendment No. 1 to the Agreement will extend the term through June 30, 2028, and includes a corresponding increase in compensation of approximately three percent (3%). The total cost for the three-year agreement is $152,974.00. The amendment also updates the rate schedule to reflect current rates and revises the termination notice provision, increasing the required notice period from 10 days to 60 days.
Fiscal Impact:
Keenan’s compensation is based on a flat fee with an annual increase of 3%. The fiscal impact for this Amendment will be reflected in proposed budgets for each corresponding fiscal year (Account No. 100-507-5120.01 Professional Services).
Recommendation:
Staff recommends that the City Council approve Amendment No. 1.
Exhibits:
ITEM NO. 6.8
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
Yvette Padilla, Management Analyst II
DATE: June 26, 2025
SUBJECT: Consideration of Resolution No. CC 2025-28 – A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA,
DECLARING MEMBERSHIP IN THE CALIFORNIA
INTERGOVERNMENTAL RISK AUTHORITY (CIRA) AND
PARTICIPATION IN THE LIABILTY PROGRAM, APPROVE THE CIRA
AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT
Background:
On June 24, 2016, the City Council approved Resolution No. CC 2016-46, declaring the City’s membership in the Municipal Insurance Cooperative (“MIC”) Joint Powers Authority (“JPA”). MIC membership enabled the City to participate in a joint powers arrangement to leverage collective buying power for more cost-effective excess liability insurance coverage, and access risk management services.
The City of Industry receives excess general liability coverage through MIC. This coverage is set to expire on June 30, 2025. In recent years, rising insurance costs and the withdrawal of several carriers from the California market have made securing affordable coverage increasingly challenging. In response, the City has been working closely with its insurance broker, Keenan & Associates (“Keenan”), to evaluate excess general liability options that would provide continued coverage while mitigating rising premiums.
As part of the insurance marketing efforts for Fiscal Year 2025–2026, Keenan proposed that the City obtain excess liability insurance through membership in the California Intergovernmental Risk Authority (“CIRA”).
Discussion:
CIRA is a statewide risk-sharing JPA serving over 50 municipal and special district members,
including the cities of Arcadia, Rancho Cucamonga, Rancho Santa Margarita, Sierra Madre, and Upland. Membership involves a five-year commitment and includes a board seat for each member. CIRA provides increased insurance pricing power with a large membership and provides several third-party tools that the City can leverage to implement cost-effective loss prevention programs. Members benefit from several services, including:
• A $3,500 annual safety grant
• Contract review and employment law support
• Annual onsite risk assessments
• Online training and policy development support
• Claims administration by George Hills Company
On May 14, 2025, CIRA’s Board of Directors approved the City’s potential membership, with a $350,000.00 or greater deductible. This marks a significant improvement from the city’s current deductible of over $750,000.00. Below is a comparison of limits:
Expiring FY 24/25 with MIC
• $750K Retention
• $5M per Occurrence
• $617,742.00 expiring premium
CIRA FY 25/26
• $350K Retention
• $40M per Occurrence
• $203,760.00 annual premium
To obtain excess liability coverage through CIRA, the City must first become a member of the Joint Powers Authority. This requires City Council approval of a resolution authorizing membership in CIRA, along with authorization for the City Manager to execute the Amended and Restated Joint Exercise of Powers Agreement (JPA) Agreement. In addition, the City must designate a primary and alternate representative to serve on CIRA’s Board of Directors, which governs the authority and makes decisions on behalf of its member agencies.
Fiscal Impact:
A membership with CIRA will result in a General Funds savings. CIRA membership for FY 2025- 2026 is approximately $203,760.00, which is $413,982.00 less than the City’s FY 2024-2025 MIC membership. CIRA membership will be paid under General Fund - General Insurance and Bonding (Account 100-507-5012). No appropriation is needed.
Recommendation:
City Staff recommends that the City Council adopt Resolution No. CC 2025-28.
Exhibits:
1. COI Resolution for CIRA Membership
2. CIRA JPA Agreement Exhibit A
3. CIRA Bylaws
RESOLUTION NO. CC 2025-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
INDUSTRY, CALIFORNIA, DECLARING MEMBERSHIP IN THE
CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA)
AND PARTICIPATION IN THE LIABILTY PROGRAM, APPROVE
THE CIRA AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT
RECITALS
WHEREAS, the City is currently a member of the Municipal Insurance Cooperative Joint Powers Authority (“MIC”) for the purpose of obtaining excess insurance coverage; and
WHEREAS, the insurance market in California has become increasingly limited and costly, prompting the City to evaluate alternative insurance options to ensure continued coverage at competitive rates; and
WHEREAS, the City has identified membership in the California Intergovernmental Risk Authority (“CIRA”) as a potential option to obtain excess liability coverage and enhance the City’s overall insurance program; and
WHEREAS, CIRA is a Joint Powers Authority established under Government Code Section 6500 et seq., providing risk-sharing and insurance services to public agencies throughout the state; and
WHERAS, in order to become a member of CIRA, the City must approve membership by resolution, authorize the execution of the Amended and Restated Joint Exercise of Powers Agreement, and designate a representative and alternate to serve on CIRA’s Board of Directors; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
SECTION 1: The City Council finds that all of the facts set forth in the Recitals are true and correct and are incorporated herein by reference.
SECTION 2: The City Council hereby approves the City’s membership in the California Intergovernmental Risk Authority (“CIRA”), a Joint Powers Authority formed pursuant to California Government Code Section 6500 et seq.
SECTION 3: The City Council authorizes the City Manager, or their designee, to execute the Amended and Restated Joint Exercise of Powers Agreement, attached herein as Exhibit A, and any other related documents necessary to complete the City’s membership in CIRA.
SECTION 4. The City Council appoints Yvette Padilla as the designated representative, and Bing Hyun, as the designated alternate, as the City’s official representatives on the CIRA Board of Directors.
SECTION 5: 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 6: 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 7: That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Industry at a regular meeting held on June 26, 2025, 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
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AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
OF THE
CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY
(formerly Public Agency Risk Sharing Authority of California) This Amended and Restated Joint Exercise of Powers Agreement of the California Intergovernmental Risk Authority (“CIRA” or “Authority”) (“Agreement”), formerly known as the Public Agency Risk Sharing Authority of California (“PARSAC”), is entered into by and among the public entities, hereafter referred to as “Members”, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix “A”, attached hereto and made a part hereof. This Agreement supersedes the Public Agency Risk Sharing Authority of California [PARSAC] Joint Powers Agreement dated May 25, 2017 as of, and is effective on, July 1, 2021 (“Effective Date”).
RECITALS
1. The Authority was originally created as the California Municipal Insurance Authority effective May 21, 1986 pursuant to that certain Joint Powers Agreement Creating the California Municipal Insurance Authority (“Original JPA Agreement”). The Original JPA Agreement was revised and restated effective July 1, 1989 and then again effective November 19, 1993 when the original name was changed to the Public Agency Risk Sharing Authority of California. Subsequent restatements were approved effective May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, and May 26, 2011. The most recent restatement is the PARSAC Joint Powers Agreement which was approved effective May 25, 2017 (“PARSAC Agreement”).
2. Labor Code Section 3700 authorizes public entities, including members of a pooling arrangement under a joint powers authority, to fund their own workers’ compensation claims.
3. Government Code Sections 989 and 990 authorize a local public entity to insure itself and its employees against tort or inverse condemnation liability.
4. Government Code Section 990.4 authorize a local public entity to fund insurance and self-insurance in any desired combination.
5. Government Code Section 990.6 provides that the cost of insurance is an appropriate public expenditure.
6. Government Code Section 990.8 authorizes two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of the Joint Exercise of Powers Act (Gov. Code Section 6500 et seq.).
7. Government Code Section 6500 et seq. authorizes two or more public entities to jointly exercise, under an agreement, any power which is common to each of them.
8. Each Member that is a party to this Agreement desires to join with the other Members to fund programs of insurance for workers’ compensation, liability, property and other coverages to be determined and for other purposes set forth in this Agreement.
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9. The governing body of each Member has determined that it is in the Member’s own best interest, and in the public interest, to execute this Agreement and participate as a Member of the Authority.
In consideration of the recitals, mutual benefits, covenants, and agreements set forth in this Agreement, the Members agree as follows:
ARTICLE I.
CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY
AS SUCCESSOR TO AND EXPANSION OF PARSAC
A. Authority Created. The Authority was originally formed on May 21, 1986 as the California Municipal Insurance Authority by operation of the Original JPA Agreement and subsequently renamed as the Public Agency Risk Sharing Authority of California effective November 19, 1993.
The Authority was, and is, formed pursuant to the provisions of Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (“Code”), which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies.
1. Name Change. As of the Effective Date, the Public Agency Risk Sharing Authority of California shall be known as the California Intergovernmental Risk Authority, hereinafter referred to as “CIRA” or the “Authority.”
2. Separate Entity. Pursuant to Code Sections 6506 and 6507, from its inception, the Authority has, is, and shall be a public entity separate and independent from the Members which is governed exclusively by the Authority’s Board of Directors (“Board”).
B. Membership in the Authority as of the Effective Date. As of the Effective Date, the membership of the Authority shall consist of the members of PARSAC and the members of the Redwood Empire Municipal Insurance Fund (“REMIF”), with respect to only those that have approved this Agreement as of the Effective Date, as listed in Appendix “A”.
C. Future Membership. Membership in the Authority is open to public entities throughout the State of California, if such public entities meet the requirements specified in the Bylaws and are approved by the Board.
ARTICLE II.
PURPOSE
The purpose of the Authority is to exercise the powers of the Members to jointly accomplish the following:
A. Develop comprehensive Programs with the objective to reduce the cost of risk against which the Members are authorized or required to protect against by insurance, self-insurance, or pooling.
Such Programs may include, but are not limited to, coverages for tort liability, workers’
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compensation, employee health benefits, loss to real or personal property, or liability arising out of the ownership, maintenance, or use of real or personal property.
B. The design of the Programs may evolve with the needs of the Members and in accordance with contemporary economic and financial conditions. Programs may therefore operate on an insured, pooled, self-funded, or other appropriate basis whereby the Members share some portion, or all, of the costs of Program losses.
B. Jointly secure administrative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, legal and other services related to any authorized purpose.
ARTICLE III.
PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF MEMBERS A. Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix “A”, and any new members admitted to the Authority. Each Member also represents and warrants that the withdrawal or expulsion of any Member shall not relieve any Member of its rights, obligations, liabilities or duties under this Agreement or the individual Programs in which the Member participates.
B. Each Member agrees to be bound by and to comply with all the terms and conditions of the Governing Documents and any Resolution or other action adopted by the Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents, as they may be amended.
C. Each new Member agrees to participate for a minimum of five years, except that members of PARSAC and REMIF as of June 30, 2021 must continue for a minimum of two years thereafter.
Also, each new Member agrees to meet its obligations and responsibilities as set forth in the Governing Documents.
ARTICLE IV.
POWERS
The Authority shall have the powers common to its Members. As provided by Government Code Section 6509, the Authority’s power is subject to the restrictions upon the manner of exercising the power of the Member specified in the Bylaws. Under this Agreement, the Authority is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this Agreement, including but not limited to the following:
A. Make and enter contracts;
B. Employ agents and employees;
C. Incur debts, liabilities or obligations;
D. Receive, collect, invest, and disburse funds;
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E. Receive contributions and donations of property, funds, services and other forms of assistance; F. Acquire, construct, manage, maintain, hold, lease or dispose of real and personal property; and G. Sue and be sued in its own name and settle any claim against it.
ARTICLE V.
BOARD OF DIRECTORS
A. The Authority shall be governed by the Board. Each Member shall appoint a representative to the Board and an alternate representative, each of whom shall meet the parameters set forth in the Bylaws. In the absence of a resolution of the Board providing otherwise, representatives and alternates will serve without compensation by the Authority.
B. The Member’s representative and/or alternate representative shall be removed from the Board upon the occurrence of any one of the following events: (1) the expulsion or withdrawal of the Member from the Authority; (2) the death or resignation of the Member representative; (3) the Member gives notice that the Member representative is no longer employed by the Member; or (4) as otherwise provided in the Authority’s Bylaws.
C. The Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation of authority to committees or other bodies or individuals.
ARTICLE VI.
ADMINISTRATION OF PREEXISTING OBLIGATIONS
A. All liabilities and obligations of the Authority existing prior to the Effective Date (“Preexisting Obligations”) will be administered under the terms and conditions of the PARSAC Agreement.
For this purpose, the PARSAC Agreement in effect on June 30, 2021, which is attached hereto as Appendix B, is hereby made a part of this Agreement and incorporated herein by this reference.
B. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations. As to specific agenda items relating to such matters, only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date.
C. All assets of the Authority existing on June 30, 2021 shall be reserved by the Authority for the sole purpose of administering the Preexisting Obligations. Similarly, all assets of REMIF shall be used exclusively for the purpose of administrating the obligations of REMIF.
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ARTICLE VII.
OFFICERS
A. The Board shall elect a President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be Directors. The General Manager shall serve as Secretary of the Board. The manner of election and term of office of elected officers and their authority and responsibilities shall be as set forth in the Authority’s Bylaws. If any of the elected officers ceases to be a Member’s representative, the resulting vacancy shall be filled as provided in the Authority’s Bylaws. The Board may elect such other officers as it considers necessary.
B. As permitted by Government Code Section 6505.6, the Treasurer shall comply with the duties and responsibilities set for the subdivisions (a) through (d) of Government Code Section 6505.5, and shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Government Code Section 6505. The Treasurer will have no vote on the Board unless the Treasurer is also a Director.
C. The Board shall appoint a General Manager who shall act as Secretary of the Board and as the Chief Administrative Officer of the Authority. Although an officer, the General Manager shall not have a vote on the Board or any committee of the Authority.
ARTICLE VIII.
MEETINGS AND RECORDS
A. Not less than once a year, the Board and all standing committees shall hold regular meetings as set forth in the Bylaws of the Authority. Special meetings may be called as provided in the Bylaws.
B. All meetings of the Board, and appointed committees, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).
C. Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept under the direction of the Secretary. After each meeting, the Secretary shall cause copies of the minutes to be forwarded to each Board member for review and approval at the next regular meeting.
ARTICLE IX.
BUDGET
The Board shall adopt an annual budget prior to the beginning of each Fiscal Year.
ARTICLE X.
REGULAR AUDITS AND REVIEWS
A. The Board shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and
6 65365.00002\33005619.4
6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Members, and the auditor/controller of the county in which the Authority’s administrative office is located. The report shall be filed within twelve months of the end of the fiscal year under examination. The Authority shall pay all costs for such financial audits.
B. The Board shall cause an annual actuarial review to be prepared for each of the Programs of the Authority and a report of such actuarial review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such actuarial review.
C. The Board shall cause a claims audit of the administration of the claims for each of the Programs of the Authority at least biannually. A report of such claims review shall be made available for inspection by the Board and the Members. The Authority shall pay all costs for such claims reviews.
ARTICLE XI.
ADMISSION OF NEW MEMBERS
A. Any public entity eligible for membership as stated in Article I may apply for membership in the Authority and participation in one or more of the Authority’s Programs at any time. To be considered, the applicant must submit any documentation or information requested by the Authority and pay any costs required to analyze their application and determine their initial contribution.
B. The Authority shall review all applications by potential new members to determine if they meet the requirements provided for in the Bylaws and any relevant Board policies to determine whether and on what conditions to admit the applicant.
C. Upon approval for membership by two-thirds vote of the Board, to become a Member the applicant must execute this Agreement and pay any contributions or premiums required to participate in the Program(s) for the initial Program Year in which the applicant will participate.
ARTICLE XII.
WITHDRAWAL
A. After the initial commitment period described in Article III, any Member which enters a Program may withdraw from that Program by compliance with the requirements stated in the Bylaws for withdrawal from the Program.
B. Withdrawal of a Member does not terminate its rights to coverage arising under any Program in which it participated for the years in which it participated. A Member that has withdrawn from a Program may later seek to renew participation in the Program subject to any terms and conditions set forth in the Bylaws.
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C. A Member that has withdrawn from all of the Authority’s Programs shall no longer have a right to a representative on the Board, but shall remain liable for assessments and other obligations arising from the Program Years in which it participated.
D. As soon as administratively feasible after the Effective Date, the Members of the Authority shall agree on the method of apportioning the CalPERS retirement obligations of the Authority in the event of a default event as defined by Government Code Section 6508.2. Until such time, and in the event of a default event, the terms of the Public Agency Risk Sharing Authority of California (PARSAC) Agreement for Apportion of Retirement Obligations dated May 25, 2017, and attached hereto as Exhibit “C”, shall apply with respect to all Members of the Authority.
ARTICLE XIII.
EXPULSION
The Board may expel any Member from the Authority and/or from a Program for material breaches of the Governing Documents consistent with the provisions of the Bylaws, subject to any warning or probationary provisions in the Governing Documents. Expulsion does not terminate the obligations of either the Authority or the Member incurred prior to the expulsion.
ARTICLE XIV.
TERMINATION AND DISTRIBUTION
A. This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Members; provided, however, that this Agreement and CIRA shall continue to exist for the purpose of disposing of all claims and paying its obligations for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of CIRA.
B. Upon termination of this Agreement, all assets of each Program of CIRA shall be distributed among the Members which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six [6] months after the disposal of the last pending claim or other liability covered by all Programs of the Authority. The Board may in its sole discretion determine that earlier distributions are appropriate as to Programs for which there remains no claim or liability.
C. Following the termination of this Agreement, any Member which was a participant in any Program of CIRA shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member’s period of participation.
D. The Board is vested with all powers of CIRA for the purpose of concluding and dissolving the business affairs of CIRA. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board.
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ARTICLE XV.
LIABILITY OF MEMBERS, DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS A. Pursuant to Government Code section 6508.1, except as to liabilities to a public retirement system, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member. However, each Member shall remain liable to the Authority for contributions assessed by the Authority to pay its debts, liabilities, or obligations.
B. The debts, liabilities or obligations incurred by either PARSAC or REMIF prior to the Effective Date shall not constitute the debts, liabilities or obligations of the other. Notwithstanding the preceding, the Authority intends to be the successor to the CalPERS pension obligations of REMIF pursuant to California Government Code Section 20508. As such, the liability to CalPERS with respect to service credited under REMIF’s CalPERS contract, and the continuing liability to CalPERS of the Authority with respect to service credit accrued both prior to and after the Effective Date under the Authority’s CalPERS contract, shall be the contractual liability of the Authority. The Authority and REMIF shall separately enter into an agreement to provide for the allocation of liability, and the payment of related contributions, with respect to service credit accrued prior to the Effective Date.
C. The representatives to the Board of Directors and to each of the Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement.
Directors, officers, committee members of the Authority shall be liable for any act or omission within the scope of their office or employment by the Authority only in the event that they act or fail to act because of actual fraud, corruption, or actual malice or willfully fail or refuse to conduct the defense of a claim or action in good faith or to reasonably cooperate in good faith in the defense conducted by the Authority.
D. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its employees pursuant to Government Code Section 825, et seq., or other applicable provisions of law. Nothing herein shall limit the right of the Authority to purchase insurance to satisfy this obligation.
E. The Authority shall indemnify, protect, defend, and hold harmless each and all of the Members, and their officials, agents, and employees, for and from any and all liability, claims, causes of action, damages, losses, judgments, costs, or expenses (including attorney fees) resulting from an injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement by the Authority, by one or more of the Members, or any of their officials, employees, agents, or independent contractors.
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ARTICLE XVI.
NOTICES
Notices to each Member under this Agreement shall be sufficient if mailed to its respective address on file with the Authority. Any Member may designate any other address in substitution of the foregoing address to which such notice will be given at any time by giving five days written notice to the Authority and all other Members.
ARTICLE XVII.
AMENDMENTS
This Agreement may be amended at any time with the approval of two-thirds of the Directors on the Board acting with the approval of their governing bodies, except that any amendment that reduces the voting requirement for termination of the Authority must be approved by three-fourths of the Directors on the Board acting with the approval of their governing bodies. Authority of the Member representative (director) to give such approval may be delegated such in advance by the Member’s governing body, or in the absence of such prior delegation by action of a Member’s governing body to approve the proposed amendment. The amended Agreement shall take effect on the first day of the month following the Authority’s receipt of notice of approval by two-thirds of the Members, unless otherwise stated in the Amendment, and once effective shall apply to all Members regardless of whether a particular Member approved the amendment. Refusal to execute or comply with the amended Agreement shall be a basis for expulsion of the Member. A Member that does not approve of the amendment may withdraw from the Authority and all its Programs at the end of the fiscal year next following the effective date of the amendment, notwithstanding the five-year minimum commitment provided for in Article III, Section C.
ARTICLE XVIII.
SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby.
ARTICLE XIX.
COMPLETE AGREEMENT
The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as to the Bylaws.
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ARTICLE XX.
TERM OF AGREEMENT
This Agreement shall become effective upon execution, and shall continue in effect until satisfaction of all obligations created hereunder following termination of the Authority created by this Agreement.
ARTICLE XXI.
COUNTERPARTS
The Agreement may be executed in multiple counterparts, each of which shall be considered an original.
ARTICLE XXII.
ARBITRATION
Any controversy arising out of this Agreement shall be submitted to binding arbitration, which shall be conducted in accordance with the provisions of the California Arbitration Act (California Code of Civil Procedure § 1280 et seq.).
ARTICLE XXIII.
FORCE MAJEURE
No party will be deemed to be in default where failure or delay in performance of any of its obligations (other than payment obligations) under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, actions of legislative, judicial, executive, or regulatory government bodies or other cause, without fault and beyond the reasonable control of such party (“Force Majeure”). If any such events shall occur, the time for performance by such party of any of its obligations under this Agreement will be extended by the parties for the period of time that such events prevented such performance. Upon the occurrence of an event of Force Majeure, the affected party shall: (i) promptly notify the other parties of such Force Majeure event, (ii) provide reasonable details relating to such Force Majeure event and (iii) implement mitigation measures to the extent reasonable.
ARTICLE XXIV.
DEFINITIONS
The following definitions shall apply to the provisions of this Agreement and the Bylaws of the Authority:
A. “Agreement” shall mean this Agreement, as it may be amended from time to time, creating the California Intergovernmental Risk Authority.
B. “Board” or “Board of Directors” shall mean the governing body of the Authority.
C. “Bylaws” shall mean the Bylaws attached to this Agreement, as amended from time to time by the Board consistent with the amendment provisions in the Bylaws.
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D. “Claim(s)” shall mean demand(s) made against the Member arising out of occurrences which are covered or alleged to be covered by the Authority’s Memorandums of Coverage or policies of insurance.
E. “Fiscal Year” shall mean the period of time commencing on July 1 of each year and ending on June 30 of the following year.
F. “Governing Documents” shall mean this Agreement, the Bylaws of the Authority, each Program’s Memorandum of Coverage, the Master Program Document, , and any other document stipulated as a Governing Document in the Bylaws or by action of the Board.
G. “Insurance” shall mean insurance or reinsurance purchased by the Authority to cover Claims against or losses of the Authority and/or its Members.
H. “Jurisdiction” shall mean the territory in which the Authority may exercise its powers; i.e., the State of California.
I. “Member” shall mean any public entity authorized to be a member of a Joint Powers Authority, which is a party to this Agreement and is participating in one or more Programs.
J. “Memorandum of Coverage” shall mean a document issued by the Authority for each Program specifying the coverages and limits provided to the Members participating in the Program.
K. “Participation” or “participating” shall refer to a Member that has elected to join and take part in a Program.
L. “Pooling” shall mean group self-insurance as allowed by Government Code section 990.8, Labor Code section 3700, or any other applicable law.
M. “Program” shall mean those coverage programs of risk sharing, insurance, self-insurance, pooling and risk management services created by the Authority to manage specific types of risks.
N. “Program Year” shall mean the annual period in each Program to be segregated for determination of coverage premiums or assessments.
O. “Risk Management” shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self-insured retention levels and the amount of reserves for potential claims.
12 65365.00002\33005619.4
IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date indicated below.
California Intergovernmental Risk Authority ["CIRA"]
Date: _____________________ By: _________________________________________ Name/Title
Attest: __________________________________________
Secretary, CIRA
Member Entity: __________________________
Date: _____________________ By: __________________________________________ Name/Title
Attest: __________________________________________
City/Town Clerk
13 65365.00002\33005619.4
APPENDIX “A”
CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY MEMBERS
1. City of Arcata
2. City of Amador City
3. City of Avalon
4. City of Belvedere
5. City of Blue Lake
6. City of California City
7. City of Calimesa
8. City of Calistoga
9. City of Citrus Heights
10. City of Clearlake
11. City of Cloverdale
12. City of Coalinga
13. City of Cotati
14. City of Eureka
15. City of Ferndale
16. City of Fort Bragg
17. City of Fortuna
18. City of Grass Valley
19. City of Healdsburg
20. City of Highland
21. City of Lakeport
22. City of Menifee
23. City of Nevada City
24. City of Placentia
25. City of Placerville
26. City of Plymouth
27. City of Point Arena
28. City of Rancho Cucamonga
29. Rancho Cucamonga Fire Protection
District
30. City of Rancho Santa Margarita
31. City of Rohnert Park
32. City of San Juan Bautista
33. City of Sebastopol
34. City of Sierra Madre
35. City of Sonoma
36. City of South Lake Tahoe
37. City of St. Helena
38. City of Tehama
39. City of Trinidad
40. Town of Truckee
41. City of Twentynine Palms
42. City of Ukiah
43. City of Watsonville
44. City of Wheatland
45. City of Wildomar
46. City of Willits
47. Town of Windsor
48. Town of Yountville
49. City of Yucaipa
50. Town of Yucca Valley
Adopted May 25, 2017 i
APPENDIX “B”
PARSAC Agreement
PARSAC
JOINT POWERS AGREEMENT
Revised & Adopted May 25, 2017
Public Agency Risk Sharing
Authority of California
Adopted May 25, 2017 ii
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS................................................................................................3 ARTICLE II PARTIES TO THE AGREEMENT................................................................6 ARTICLE III PURPOSES.....................................................................................................6
ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK
SHARING AUTHORITY OF CALIFORNIA...............................................7 ARTICLE V TERM OF AGREEMENT..............................................................................7 ARTICLE VI POWERS OF PARSAC..................................................................................7 ARTICLE VII RESPONSIBILITIES OF MEMBER ENTITIES ..........................................8 ARTICLE VIII BOARD OF DIRECTORS ...........................................................................10 ARTICLE IX OFFICERS....................................................................................................13 ARTICLE X EXECUTIVE COMMITTEE .......................................................................13 ARTICLE XI ADMINISTRATION....................................................................................13 ARTICLE XII BUDGET ......................................................................................................14 ARTICLE XIII ANNUAL AUDITS AND REVIEWS..........................................................14
ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION
OF FUNDS ...................................................................................................15 ARTICLE XV SUPPORT OF PARSAC'S GENERAL EXPENSES...................................16 ARTICLE XVI DEPOSIT PREMIUMS ................................................................................17 ARTICLE XVII PARSAC MEMBERSHIP............................................................................18 ARTICLE XVIII MEMORANDA OF COVERAGE ..............................................................18 ARTICLE XIX SIR MANDATORY RESERVES/PAYMENT............................................19
Adopted May 25, 2017 iii
ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND
ASSESSMENTS...........................................................................................20 ARTICLE XXI NEW MEMBERS.........................................................................................21 ARTICLE XXII WITHDRAWAL...........................................................................................22 ARTICLE XXIII EXPULSION ................................................................................................25
ARTICLE XXIV EFFECT OF WITHDRAWAL OR EXPULSION ON
MEMBER ENTITY'S RESPONSIBILITIES...............................................26
ARTICLE XXV TERMINATION OF AGREEMENT AND
DISTRIBUTION OF ASSETS.....................................................................27 ARTICLE XXVI NOTICES......................................................................................................28 ARTICLE XXVII PROHIBITION AGAINST ASSIGNMENT................................................28 ARTICLE XXVIII AMENDMENTS ..........................................................................................29 ARTICLE XXIX SEVERABILITY..........................................................................................29 ARTICLE XXX AGREEMENT COMPLETE........................................................................29 ARTICLE XXXI EXECUTION OF COUNTERPARTS .........................................................30 APPENDIX "A" MEMBER ENTITIES
Adopted May 25, 2017 1
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC]
JOINT POWERS AGREEMENT
THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity[ies]," which are parties’ signatory to this Agreement. All such Member Entities are listed in Appendix "A", which is attached hereto and made a part hereof.
RECITALS
A. California Government Code Section 6500 and following permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties.
B. California Government Code Section 990.4 permits a local public entity to selfinsure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these;
C. California Government Code Section 990.6 provides that the cost of insurance provided by a local public entity is a proper charge against that local public entity; D. California Government Code Section 990.8 permits two or more local entities to, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and provides that such pooling of selfinsured claims or losses does not constitute the business of insurance under the California Insurance Code;
Adopted May 25, 2017 2
E. California Labor Code Section 3700(c) permits all political subdivisions of the State of California, including each member of a pooling arrangement under a joint exercise of powers agreement to self-insure against workers’ compensation claims by securing a certificate of consent from the Department of Industrial Relations; F. Each of the Member Entities, which is a party to this Agreement, desires to join with the other Member Entities to fund programs of insurance for workers' compensation, liability, property and other coverages to be determined and for other purposes set forth in Article III of this Agreement;
G. The governing body of each Member Entity has determined that it is in its own best interest and in the public interest that this Agreement be executed and that it participate as a member of the Public Agency Risk Sharing Authority of California [PARSAC] created by this Agreement; and
H. As of the effective date of this Agreement, this Agreement shall replace and supersede the Joint Powers Agreement Creating the Public Agency Risk Sharing Authority of California, dated May 21, 1986, as amended on November 20, 1987, July 1, 1989, and November 19, 1993, May 31, 1996, December 13, 2002, December 12, 2003, May 20, 2005, May 31, 2007, December 2, 2010, May 26, 2011 and May 25, 2017.
Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follows:
Adopted May 25, 2017 3
AGREEMENT
ARTICLE I
DEFINITIONS
The following terms shall have the following definitions:
A. “Agreement” shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California [PARSAC].
B. “Alternate” shall mean the person designated by the Member Entity to act as a director of PARSAC in the absence of the Director. The Alternate shall have the same responsibility, power and authority as the Director when acting in the Director's stead.
C. “Board” or “Board of Directors” shall mean the governing body of PARSAC.
D. “Bylaws” shall mean the Bylaws of PARSAC, revised as of May 27, 2010, and as they may be further amended or revised.
E. “Claims” shall mean any demand[s] made against a Member Entity to recover for monetary damages within, or alleged to be within, the scope of coverage provided by any of PARSAC's Memoranda of Coverage [or any commercial insurance policy related to a PARSAC Program].
F. “PARSAC” shall mean the Public Agency Risk Sharing Authority of California created by this Agreement.
G. “Covered Loss” shall mean any loss resulting from a claim or claims against a Member Entity which is in excess of its Self-Insured Retention and which is covered by any of PARSAC's Memoranda of Coverage [or insurance policy related to a PARSAC Program].
H. “Deposit Premium” shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each
Adopted May 25, 2017 4
Program of PARSAC.
I. “Executive Committee” shall mean that committee of the Board, constituted and exercising the authority set forth in this Agreement and in the Bylaws.
J. “Fiscal Year” shall mean the period of time ending on June 30 of each year during which PARSAC is in existence.
K. “Incurred Loss” shall mean the amount of monies paid and reserved by PARSAC to investigate, defend and satisfy a demand or demands made against a Member Entity.
L. “Insurance” shall mean commercial insurance policies which PARSAC may purchase for its Member Entities, from time to time, in order to effect a transfer of risk.
The term "Insurance" shall not mean any self-insurance, risk-sharing or pooling of losses or risks.
M. “Liability Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Liability Program.
N. “Member Entity” shall mean any California public entity which is a party signatory to this Agreement including any other agency for which the City Council sits as the Governing board.
O. “Memorandum of Coverage” shall mean the document or documents issued by PARSAC specifying the type and amount of coverages provided under any Program to the Member Entities by PARSAC.
P. “Program Year” shall mean a period of time, usually 12 months, for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments.
Adopted May 25, 2017 5
Q. “Program” shall mean arrangements to cover specific types of claims which may include, but not be limited to, property, workers' compensation, and comprehensive liability claims.
R. “Public Entity” shall mean a county, city, whether general law or chartered, city and county, town, district, political subdivision, joint powers authority, or any board, commission, or agency thereof providing a municipal service, excluding school districts.
S. “Retrospective Premium” shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program.
T. “Retrospective Premium Adjustment” shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount.
U. “Self-Insured Retention” or “SIR” shall mean the amount of loss from each occurrence which the Member Entity shall retain and pay directly and which shall not be shared by the Member Entities of PARSAC.
V. “Workers’ Compensation Program Participant” shall refer only to members of PARSAC that have been approved and are in good standing to participate in the Workers’ Compensation Program.
W. “Group Purchase Programs” shall mean coverage programs provided by insurance policies where there is no self-insurance, risk sharing or pooling.
Adopted May 25, 2017 6
ARTICLE II
PARTIES TO THE AGREEMENT
Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining.
ARTICLE III
PURPOSES
This Agreement is entered into by the Member Entities in order to:
A. Create the Public Agency Risk Sharing Authority of California to carry out the purposes listed below and to exercise the powers contained in this Agreement; B. Develop effective risk management programs to reduce the amount and frequency of their losses;
C. Share some portion, or all, of the cost of their losses; D. Jointly purchase commercial insurance, associate with other risk-sharing pools, or self-insure against risks;
E. Jointly purchase administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting and legal services when related to any of the other purposes; F. Provide other joint powers risk sharing authorities with management services; and
G. Do all things necessary to carry out the foregoing purposes, as well as all things necessary to implement the terms of this Agreement as permitted by law.
Adopted May 25, 2017 7
ARTICLE IV
CREATION OF THE PUBLIC AGENCY
RISK SHARING AUTHORITY OF CALIFORNIA
Pursuant to the California Government Code, the Member Entities hereby agree to continue in existence a public entity, separate and apart from the parties to this Agreement, to be known as the Public Agency Risk Sharing Authority of California ["PARSAC"]. The debts, liabilities or obligations of PARSAC shall not constitute debts, liabilities or obligations of any party to this Agreement. However, a Member Entity may separately contract for, or assume responsibility for, specific debts, liabilities or obligations of PARSAC.
ARTICLE V
TERM OF AGREEMENT
This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated in accordance with Article XXVI.
ARTICLE VI
POWERS OF PARSAC
PARSAC shall have the powers common to its Member Entities in California and all additional powers permitted to a joint powers authority by California law, and the parties hereby authorize PARSAC to do all acts necessary to exercise such powers to fulfill the purposes of this Agreement including, but not limited to, the following:
A. Make and enter into contracts;
B. Incur debts, liabilities and obligations;
C. Acquire, hold, lease or dispose of real and personal property, contributions and donations of property, funds, services and other forms of assistance; D. Sue and be sued in its own name and settle any claim against it; E. Employ agents and employees;
Adopted May 25, 2017 8
F. Acquire, construct, manage, maintain or operate buildings, works or improvements;
G. Receive, collect, and disburse monies; and invest money not required for immediate necessities; and
H. Exercise all powers necessary and proper to carry out the terms and provisions of this Agreement.
ARTICLE VII
RESPONSIBILITIES OF MEMBER ENTITIES
Each member entity shall:
A. Sign this Agreement and its legally enacted amendments and participate in PARSAC's Liability Program and/or Workers’ Compensation Program; B. Sign a Membership Resolution for each Program;
C. Pay Deposit Premiums, Retrospective Premium Adjustments, and any Special Assessments to PARSAC on or before the due date;
D. Appoint, elect or remove representatives to serve as director and alternate on the Board, which representatives are expressly authorized to act on behalf of the Member Entity on all matters coming before the Board;
E. Assure that its representative director or alternate attends at least one meeting of the Board annually;
F. Assure that its representative director and alternate keep informed about PARSAC's activities and assist them in doing so;
G. Approve Amendments to this Agreement as set forth in Article XXIX; provided, however, the Member Entity may, by resolution or ordinance, authorize its director and alternate on the Board to approve and execute amendments on behalf of the Member Entity
Adopted May 25, 2017 9
without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment.
H. File, in a prompt and timely manner, all statewide, county, and locally-mandated reports and filings, including but not limited to the Fair Political Practices Commission's Statement of Economic Interests;
I. Undertake a risk management audit of its facilities and activities, conducted by a person and/or firm approved by PARSAC's Executive Committee and, based upon such report, to evidence correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of PARSAC's Executive Committee. Risk management audits may be required by the Executive Committee as frequently as it chooses.
Risk management audits may be paid by PARSAC and charged back to Member; J. Provide PARSAC with a copy of its most recent audited annual financial statements prepared by a Certified Public Accountant; or, if not available, provide PARSAC with the most recent set of unaudited monthly financial statements, and any other financial material as may be requested by PARSAC from time to time; K. Cooperate with, communicate and assist in a timely manner, PARSAC and any insurer, provider of excess coverage, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; L. Promptly cooperate with PARSAC to determine and/or clarify any incidents which might become losses, the cause of any and all actual losses, and methods to bring about settlement of claims;
M. Comply with its obligations and responsibilities under this Agreement, the
Adopted May 25, 2017 10
Bylaws, the Memoranda of Coverage, the Risk Management Standards, PARSAC's policies and procedures, and any other contract or requirement [as any of the foregoing may be created or amended] necessary to implement this Agreement or any Program; N. Pay any fines or penalties assessed by the Board or any regulatory agency that are attributable to the Member Entity's failure to perform in accordance with self-insurance regulations or comply with the provisions of this Agreement. An appeal may be filed with the appropriate regulatory agency. All decisions of the Board are final.
O. Use an Executive Committee-approved third-party claims administrator for claims handling, under such circumstances as the Board of Directors may require.
Failure to comply with any of the obligations under this section may be grounds for expulsion pursuant to Article XXIV of this Agreement.
ARTICLE VIII
BOARD OF DIRECTORS
Except as otherwise provided in this Agreement or in the Bylaws, the powers of PARSAC shall be exercised, its property shall be controlled, and its affairs shall be conducted by its Board of Directors whose meetings, functions and activities shall be governed by the Bylaws.
The Board shall be composed of one director who represents and acts on behalf of each respective Member Entity which participates in PARSAC's Liability and/or Workers’ Compensation Program. The number of persons on the Board shall be equal to the number of Member Entities. In addition, each Member Entity shall appoint a second individual as alternate director, who shall have the authority to attend, participate in, and vote at any meeting of the Board when the respective director is absent. Each director and alternate director shall be an elected official or employee of the respective Member Entity, shall be appointed by the
Adopted May 25, 2017 11
respective Member Entity's governing body, and shall serve at its pleasure. If a director or alternate ceases to be an employee or elected official of a Member Entity for any reason, his or her position on the Board and any of its committees shall immediately terminate.
The Board of Directors shall have the following powers and functions:
A. The Board shall exercise all powers and conduct all business of PARSAC, either directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law;
B. The Board shall form an Executive Committee from its membership. In the Bylaws the Board shall delegate to that Committee such powers as it sees fit; C. The Board may form such other committees as it deems appropriate in conducting PARSAC's business;
D. The Board shall elect PARSAC's officers;
E. The Board shall cause to be prepared and adopt PARSAC's annual operating budget;
F. The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each of PARSAC's Programs, including all provisions for reinsurance and administrative services necessary to carry out such Program; G. The Board shall contract or otherwise provide for necessary services to PARSAC and to Member Entities. These necessary services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services; H. The Board, either directly or through the Executive Committee, shall provide policy direction to PARSAC's General Manager;
Adopted May 25, 2017 12
I. The Board shall receive and act upon reports of its committees and the General Manager, either directly or through the Executive Committee; J. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval;
K. The Board may require that PARSAC review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any Member Entity insofar as those functions are affecting PARSAC's liability or potential liability. The Board may forward any or all such recommendations to the Member Entity with a request for compliance and a statement of potential consequences for noncompliance; L. The Board shall receive, review and act upon periodic reports and audits of PARSAC's funds;
M. The Board may amend, repeal or adopt new Bylaws, this Agreement or other key documents;
N. The Board may increase, decrease, or otherwise amend the coverages, limits and other terms of any Memorandum of Coverage;
O. The Board shall approve any proposal by the Executive Committee for Special Assessments from the Member Entities before such Special Assessments are billed; P. The Board may expel a Member Entity from any Program or from membership in PARSAC pursuant to Article XXIV of this Agreement;
Q. The Board may ratify actions of the Executive Committee, where such ratification is required before the action becomes final; R. The Board may enter into a joint venture or contractual arrangement with any
Adopted May 25, 2017 13
similar entity and may also enter into a merger or acquisition agreement with a similar entity, provided that if PARSAC is not the surviving entity in any such merger or acquisition, such action shall require approval by the vote of three-fourths of the Member Entities; and S. The Board shall have such other powers and functions as are provided for in this Agreement, the Bylaws, and applicable law.
ARTICLE IX
OFFICERS
The officers of PARSAC shall be the President, Vice President, Treasurer, and Auditor/Controller, and their qualifications and duties shall be those set forth in the Bylaws.
ARTICLE X
EXECUTIVE COMMITTEE
There shall be an Executive Committee, all of whose members shall be directors. The Executive Committee shall set policy for and direct the administration of PARSAC on a day-today basis and may, without limitation, provide incentives and impose penalties, financial or otherwise, for performing or failing to perform in conformance with PARSAC requirements, programs, standards and policies. The composition, specific authority and meeting arrangements of the Executive Committee shall be set forth in the Bylaws.
ARTICLE XI
ADMINISTRATION
PARSAC shall have a general manager, who shall be appointed or terminated by the Executive Committee, shall be responsible to the Executive Committee for the efficient and effective administration of PARSAC, and who shall serve as the Secretary of PARSAC. The General Manager shall attend all meetings of the Board, the Executive Committee, and other committees of the Board (but shall have no vote), shall prepare and maintain all minutes of meetings of the Board and its Committees, notices of meetings, and records of PARSAC, and
Adopted May 25, 2017 14
shall carry out all duties set forth in the Bylaws.
ARTICLE XII
BUDGET
The Executive Committee shall recommend and the Board shall adopt an annual operating budget prior to the beginning of each Fiscal Year.
ARTICLE XIII
ANNUAL AUDITS AND REVIEWS
A. Financial Audit. The Auditor/Controller shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entries into the books of PARSAC. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. A report of each such audit shall be filed as a public record with the Board, each of the Member Entities, and the auditor/controller of the county in which PARSAC’s administrative office is located. The report shall be filed within twelve [12] months of the end of the fiscal year under examination. PARSAC shall pay all costs for such financial audits.
B. Actuarial Review. The Board shall cause an annual actuarial review to be prepared for each of the Programs of PARSAC and a report of such actuarial review shall be made available for inspection by the Board and the Member Entities. PARSAC shall pay all costs for such actuarial review.
C. Claims Audit. The Board shall cause a biannual claims audit of the administration of the claims for each of the Programs of PARSAC. A report of such claims review shall be made available for inspection by the Board and the Member Entities. PARSAC
Adopted May 25, 2017 15
shall pay all costs of such claims reviews.
ARTICLE XIV
ESTABLISHMENT AND ADMINISTRATION OF FUNDS
PARSAC shall be responsible for the strict accountability of all funds and the reporting of all receipts and disbursements in accordance with generally accepted accounting principles.
It will comply with all provisions of law relating to this subject, including California Government Code Sections 6500-6525.
The Treasurer of PARSAC shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program of PARSAC. Books and records of PARSAC in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Member Entities.
The Treasurer shall have the custody of and disburse PARSAC’s funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board to perform that function provided that, pursuant to Government Code Section 6505.5, the Treasurer shall:
A. Receive and acknowledge receipt of all funds of PARSAC and place them in the treasury to the credit of PARSAC;
B. Be responsible upon his or her official bond for the safekeeping and disbursement of PARSAC's funds so held by him or her;
C. Pay any sums due from PARSAC as approved for payment by the Board or by any body or person to whom the Board has delegated approval authority, making such payments from PARSAC's funds upon warrants drawn by the Auditor; D. Verify and report in writing to PARSAC and to Member Entities, as of the first
Adopted May 25, 2017 16
day of each quarter of the fiscal year, the amount of money then held for PARSAC, the amount of receipts since the last report, and the amount paid out since the last report; E. Prepare a complete written report of all financial activities within one hundred and twenty [120] days after the close of each fiscal year for such fiscal year to the Board and to each Member Entity; and
F. Receive, invest, and disburse funds in accordance with the procedures established by the Board or the Bylaws and in conformity with applicable law.
Pursuant to Government Code Section 6505.1, the General Manager, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to PARSAC's property.
PARSAC shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board, covering all officers and employees of PARSAC who are authorized to hold or disburse PARSAC's funds and all officers and employees who are authorized to have charge of, handle, and have access to PARSAC's property.
The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.
The Authority may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of the Authority’s activities.
ARTICLE XV
SUPPORT OF PARSAC’S GENERAL EXPENSES
Costs of staffing and supporting PARSAC [hereinafter called PARSAC's general
Adopted May 25, 2017 17
expenses] shall be equitably allocated among the various Programs by the Board, and shall be funded by the Member Entities which participate in such Programs [and ex-Member Entities] in accordance with such allocations.
ARTICLE XVI
DEPOSIT PREMIUMS
The Deposit Premiums for the Liability and Workers’ Compensation Programs shall be set at a level estimated to be sufficient, as determined by the Executive Committee, to cover PARSAC’s budget for each Policy year. The Deposit Premiums for the Member Entities shall be set by PARSAC using various rating and underwriting criteria, such as:
[1] The Member Entity's payroll;
[2] The Member Entity's exposure base;
[3] The results of an on-site underwriting inspection;
[4] The Member Entity's prior claims history;
[5] Total insurable values; and/or
[6] Employee classification ratings.
Deposit Premiums for the Liability, Workers’ Compensation, and Group Purchase Programs shall be billed to the Member Entities.
At the conclusion of each Program Year, PARSAC shall conduct a payroll audit of each Member Entity to adjust for any discrepancies between estimated and actual payroll. In the sole discretion of PARSAC, an on-site payroll audit may be conducted by PARSAC or an independent auditor. Any adjustments in payrolls, either debits or credits, shall result in an assessment of additional premiums or a return of overpaid premiums. This adjustment shall be made within sixty (60) days after the date of the audit.
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ARTICLE XVII
PARSAC MEMBERSHIP
Member Entities shall participate in PARSAC's Liability Program and/or Workers’ Compensation Program as a condition of membership in PARSAC. Participation in either Program shall be a minimum of three years and the Term shall be renewed for subsequent oneyear periods at the commencement of each Program Year upon payment of the applicable Deposit Premium, unless termination, withdrawal, or expulsion occurs pursuant to Articles XXIII and XXIV of this Agreement. The Executive Committee shall establish the initial SIR for each Liability or Workers’ Compensation Program Participant and may require a different SIR for Program Participants from time to time, in its sole discretion.
Program Years shall begin on July 1 of each year and shall continue through the following June 30. Retroactive coverage may be provided as approved by the Board and documented on the Declaration Page of the respective Memorandum of Coverage.
ARTICLE XVIII
MEMORANDA OF COVERAGE
The types and amounts of coverage for each Program available to Member Entities shall be specified in a Declarations Page and/or Memorandum of Coverage which shall be issued by PARSAC to each Member Entity for each Program Year in which the Member Entity has coverage. The Board shall have the power and authority to decrease, increase, or amend the coverage provided by a Memorandum of Coverage. If any such amendment is approved by the Board during a Program Year, no Member Entity participating in that Program Year shall be entitled to withdraw by reason of any said amendment prior to the termination of that Program Year.
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ARTICLE XIX
SIR MANDATORY RESERVES/PAYMENTS
A Member Entity participating in the Liability Program must establish by resolution a “Fund Balance Reserve” (“Reserve”) equal to three times (3) the designated SIR, or any underlying insurance deductible chosen, and approved for the Member Entity by PARSAC.
The Reserve will be recorded and maintained in the appropriate Member Entity Fund in accordance with Generally Acceptable Accounting Principles.
PARSAC will be notified of any proposed adjustment to the Reserve prior to the Member Entity’s adoption of such a resolution.
PARSAC may request certification, by the Member Entity, of the balance in the Reserve account at any time.
Applicants establishing coverage with PARSAC shall be required to submit the “Fund Balance Reserve Resolution” prior to coverage inception.
Any Member Entity which does not desire to establish a local Fund Balance Reserve at the required three-times its SIR, or underlying insurance deductible amount, may contract for an actuarial study of its losses and reserves by a Fellow of the Casualty Actuary Society (FCAS) to ascertain and represent to PARSAC adequate SIR Reserves. Such SIR amount shall be established as the correct Reserve for that Member Entity.
Although not obligated to do so, PARSAC may elect to pay a portion of claims expenses before the Member Entity’s self-insured retention has been exhausted in order to expedite the resolution of a claim. In this event, the member will be invoiced and shall have 30 days from the date of invoice to remit reimbursement. A 10% penalty shall be applied to the balance if payment is not received by the due date.
The claims payment procedures for members participating in the Workers’
Adopted May 25, 2017 20
Compensation Program with a self-insured retention are as follows:
1. The Member Entity shall set up a checking account with the Third-Party Administrator (TPA). The TPA shall pay all claim expenses within the Member’s Entity’s self-insured retention from the checking account. The Member Entity shall be responsible for ensuring sufficient funds are available for all costs related to the checking account, including any set-up fees charged by the TPA; or
2. PARSAC shall pay all claim expenses within the Member Entity’s self-insured retention, which shall be reconciled and invoiced to the Member Entity quarterly.
The Member Entity shall have 30 days from the date of invoice to submit its selfinsured retention payment. A 10% penalty shall be applied to the balance if payment is not received by the due date. This option is available to Member Entities with an SIR of $100,000 or lower.
ARTICLE XX
RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS
Retrospective Premium Adjustments (RPA) for self-funded Programs shall be calculated annually as determined by each Program’s funding policy. The Board may determine and levy special assessments on Member Entities by majority vote.
The RPA is a financial reconciliation made by PARSAC to determine whether the Deposit Premium collected for that Policy Year was sufficient to cover the costs. An RPA summary is presented annually to the Board for approval. Distribution of credits or collection of assessments will follow each Program’s funding policy.
If a Member Entity has timely withdrawn or been expelled from a Program, any Retrospective Premium Adjustment credit shall remain with PARSAC until all Policy Year(s) in which they participated have been closed and reconciled. Any Retrospective Premium
Adopted May 25, 2017 21
Adjustment deficit shall be billed to the Member Entity at the time that particular Policy Year(s) is being reconciled. If a withdrawn or expelled member’s total equity for all program years in which they participated is insufficient, the member will be billed at the time the deficit is identified. A member that has untimely withdrawn from a program foregoes their right to any remaining equity and is subject to assessment for any deficits.
ARTICLE XXI
NEW MEMBERS
Any California public entity as defined in Article I may apply for membership in PARSAC and participation in any of PARSAC's Programs at any time. Public Entities must participate in either the Liability or Workers’ Compensation program before participating in other Program offerings.
PARSAC shall review all requests for Program membership, and the Executive Committee shall approve and the Board shall ratify, which applicants shall be accepted for membership, in which Programs they may participate, and when such participation shall begin.
Public Entities shall become new Member Entities as of the effective date of coverage indicated on the Program Declarations Page and upon payment of the Deposit Premium. Public Entities which are in the process of formation shall be covered only as of the effective date of formation.
Deposit Premiums for coverage which begins during a Program Year may be prorated for the remainder of the Program Year. A Public Entity applying for membership in the Workers’ Compensation or Liability Program shall complete, return and comply with all of the following:
A. An “Application for a Certificate of Consent to Self-Insure” from the Department of Industrial Relations/Division of Self-Insurance Plans (DIR/SIP) (Workers’ Compensation only);
Adopted May 25, 2017 22
B. Loss reports for the five (5) most recent policy years; C. Estimated payroll for the current year and corresponding to the 5 years of loss data
D. Liability Exposure questionnaire from PARSAC, questionnaires from the excess carrier or reinsurer, and most recent three years’ audited financial statements; E. Undertake a risk management audit of its facilities and activities and, based upon such audit report, provide evidence of correction, elimination and/or clarification of all noted deficiencies revealed by such inspection; and
F. Such other information as is reasonably required by PARSAC to assure compliance with law and PARSAC policies.
ARTICLE XXII
WITHDRAWAL
Any Member Entity who has been a member for at least three full fiscal years may withdraw from its status as a member and as a party to the Joint Powers Agreement by submitting notice in writing to PARSAC as follows:
A. Timely Notice of Withdrawal. A withdrawing Member Entity must notify PARSAC of its intention to withdraw at least six (6) months prior to the end of the fiscal year in which the member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion. Withdrawing members who submit Timely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. Withdrawing member will be
Adopted May 25, 2017 23
invoiced for their portion of the administrative fee each of the three years.
Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three. The withdrawing member shall be invoiced for their portion of the administrative fee and it shall not be taken from equity. Should equity be insufficient to cover any deficit, the member will be subject to assessment. The withdrawing member’s equity will remain with PARSAC until all years in which the member has participated are closed. Any equity remaining after all years have closed will be returned to the withdrawn member.
B. Untimely Notice of Withdrawal. Members submitting a notice of intent to withdraw less than six (6) months prior to the end of the fiscal year, but not later than April 1, in which the member intends to withdraw shall be considered untimely. In the event of an untimely notice of intent to withdraw, the withdrawing member shall forego their right to any remaining equity. In addition to foregoing equity, withdrawing members who submit Untimely Notice shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services,
Adopted May 25, 2017 24
financial audits, and claims administration, and will remain subject to both the administrative fee and assessments for all years in which they participated. Withdrawing members will be invoiced for their portion of the administrative fee each of the three years. Calculation and Payment of Fee. The administrative fee shall be calculated based on the member’s actual payroll and self-insured retention level in the last year in which the member participated. In year one, 100% of the administrative fee will be charged to the member; 50% in year two; and 25% in year three.
Withdrawal from the Liability or Workers Compensation Program shall terminate coverage under that Program. If withdrawal would result in the Member Entity no longer being a member of either the Liability or the Workers Compensation Program, then such withdrawal shall constitute withdrawal from this Agreement and from membership in PARSAC, subject to the ex-Member Entity's continuing obligations under Article XXV below.
A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than 6 months notice shall be final.
Any Member Entity which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations.
Adopted May 25, 2017 25
ARTICLE XXIII
EXPULSION
Regardless of its three-year commitment under the Liability and/or Workers’ Compensation Program, a Member Entity may be expelled from PARSAC or a Program either with or without cause. The General Manager shall review any lack of satisfactory performance or other problem with the Member Entity and shall attempt to resolve the matter. If the General Manager determines that the Member Entity is unwilling or unable to correct the problem, the General Manager shall present the matter to the Executive Committee. The Executive Committee may recommend to the Board that the Member Entity be expelled, either with or without cause. Written notice of the Executive Committee's recommendation for expulsion shall be delivered to the Member Entity with return receipt at least fourteen [14] days before the Board meeting at which the matter will be discussed. Action by the Board shall require the vote of a majority of the total number of directors. Expelled members are subject to the administrative fee for a timely withdrawal as described in Article XXIII, Paragraph A.
In considering the expulsion of a Member Entity, the Executive Committee shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons, if any, for the proposed expulsion. The period of time so allowed shall be within the sole discretion of the Executive Committee. If such a reasonable opportunity is allowed, PARSAC may require quarterly audits to monitor the affected Member Entity's remedial actions or any other conditions to its continued participation in PARSAC or its Programs.
A Member Entity which is the subject of a proposed expulsion shall be responsible for investigating the availability of alternate coverage. On the request of the Member Entity, the Board may permit the Member Entity a reasonable time to make arrangements for alternative coverage, but such period of time shall be at the Board's sole discretion.
Adopted May 25, 2017 26
ARTICLE XXIV
EFFECT OF WITHDRAWAL OR EXPULSION
ON MEMBER ENTITY'S RESPONSIBILITIES
The withdrawal or expulsion of any Member Entity after its participation in any Program shall not terminate its responsibility with respect to the following:
A. Provide PARSAC with such statistical and loss experience data and other information as may be necessary for PARSAC to carry out the purposes of this Agreement; B. Pay to PARSAC when due any Deposit Premiums or Retrospective Premium Adjustments for each Policy Year of each Program in which it participated; C. Cooperate fully with PARSAC in determining the cause of losses in the settlement of claims;
D. Cooperate with and assist PARSAC and any insurer, excess provider, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement; and
E. Comply with the Bylaws and all policies and procedures of PARSAC not inconsistent with the provisions of this Agreement and not inconsistent with its withdrawal from PARSAC.
Disposition of Equity – Timely Withdrawal or Expulsion. In addition, PARSAC shall retain all remaining equity, and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year[s] have been closed, at which time PARSAC shall refund to the exMember Entity, any remaining equity which was not expended in settling, paying or otherwise resolving claims against the ex-Member Entity.
Disposition of Equity – Untimely Withdrawal. PARSAC shall retain all remaining equity
Adopted May 25, 2017 27
and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all such Policy Year[s] have been closed and the administrative fee charged per Article XXII, Paragraph B.
ARTICLE XXV
TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS
This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Programs. This Agreement may be terminated at any time by the vote of three-fourths of the Member Entities; provided, however, that this Agreement and PARSAC shall continue to exist for the purpose of disposing of all claims and paying its obligations (to CalPERS) for employees’ health and pension benefits, before the distribution of assets, and any other functions necessary to wind up the affairs of PARSAC.
Upon termination of this Agreement, all assets of each Program of PARSAC shall be distributed among the Member Entities [and ex-Member Entities which previously timely withdrew or were expelled] which participated in such Programs, in accordance with the retrospective premium adjustment process in effect during the term of this Agreement. Such distributions shall be determined within six [6] months after the disposal of the last pending claim or other liability covered by each Program.
Following the termination of this Agreement, any Member Entity which was a participant in any Program of PARSAC shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member Entity's period of participation.
The Board is vested with all powers of PARSAC for the purpose of concluding and
Adopted May 25, 2017 28
dissolving the business affairs of PARSAC. The Board may designate legal counsel and any committee or person to carry out a plan of dissolution adopted by the Board.
ARTICLE XXVI
NOTICES
Notices to Member Entities under this Agreement or the Bylaws shall be sufficient if mailed to their respective addresses on file with PARSAC. Notices to PARSAC shall be sufficient if mailed to the address of the principal executive office of PARSAC, addressed to the General Manager.
ARTICLE XXVII
PROHIBITION AGAINST ASSIGNMENT
No Member Entity may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member Entity shall have any right, claim or title to any part, share, interest, fund, premium or asset of PARSAC.
ARTICLE XXVIII
AMENDMENTS
This Agreement may be amended by a two-thirds vote of the Board present and voting at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty [30] days in advance of such meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the Board explicit authorization to approve and execute amendments to this Agreement on behalf of the Member Entity without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. Any such amendment shall become effective immediately, unless otherwise stated therein.
Adopted May 25, 2017 29
ARTICLE XXIX
SEVERABILITY
Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby.
ARTICLE XXX
AGREEMENT COMPLETE
The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. If any provision of this Agreement conflicts with a provision of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern.
Adopted May 25, 2017 30
ARTICLE XXXI
EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement.
Public Agency Risk Sharing Authority of California ["PARSAC"] Date: By: ________________________________________
Name/Title
Attest: __________________________________________
Deputy Secretary, PARSAC
Member Entity: __________________________
Date: By: __________________________________________
Name/Title
Attest: __________________________________________
City/Town Clerk
Adopted May 25, 2017 31
APPENDIX “A”
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA
[PARSAC]
MEMBER ENTITIES
City of Amador City
City of Avalon
City of Belvedere
City of Blue Lake
City of California City
City of Calimesa
City of Calistoga
City of Citrus Heights
City of Clearlake
City of Coalinga
City of Ferndale
City of Grass Valley
City of Highland
City of Menifee
City of Nevada City
City of Pacific Grove
City of Placentia
City of Placerville
City of Plymouth
City of Point Arena
City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
City of Rancho Santa Margarita
City of San Juan Bautista
City of South Lake Tahoe
City of Tehama
City of Trinidad
Town of Truckee
City of Twentynine Palms
City of Watsonville
City of West Hollywood
City of Wheatland
City of Wildomar
Town of Yountville
City of Yucaipa
Town of Yucca Valley
PARSAC
AGREEMENT FOR APPORTIONMENT OF
RETIREMENT OBLIGATIONS
Public Agency Risk Sharing
Authority of California
Appendix "C"
Public Agency Rish Sharing Authority of California (PARSAC) Agreement for Apportionment of Retirement Obligations Dated May 25, 2017
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC]
AGREEMENT FOR APPORTIONMENT OF RETIREMENT OBLIGATIONS
THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity[ies]," which are parties' signatory to the Joint Powers Authority Agreement (as revised effective May 25, 2017, hereafter "JPA Agreement. All such Member Entities are listed in Appendix "A, 11 which is attached hereto and made a part hereof.
RECITALS
Whereas P ARSAC is an entity formed under California Government Code § 6500 which permits two or more public agencies by agreement to jointly exercise any power common to the contracting parties.
Whereas California Government Code§ 6508.2 requires that the member agencies of a joint powers agency ("AGENCY") mutually agree to a 100% apportionment of the AGENCY's retirement liability prior to either a dissolution of the AGENCY or the termination of the AGENCY's participation in a public retirement system.
Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follow:
AGREEMENT
ARTICLE I
DEFINITIONS
The following terms shall have the following definitions:
A. "Agreement" shall mean this Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California [PARSAC]. 2
B. "Board" or "Board of Directors" shall mean the governing body of PARSAC.
C. "P ARSAC" shall mean the Public Agency Risk Sharing Authority of California created by this Agreement.
D. "Deposit Premium" shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each Program of PARSAC.
E. "Member Entity" shall mean any California public entity which is a party signatory to this Agreement including any other agency for which the City Council sits as the Governing board.
F. ''Program Veart
' shall mean a period of time, usually 12 months, for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments.
G. '•Program" shall mean arrangements to cover specific types of claims which may include, but not be limited to, property, workers' compensation, and comprehensive liability claims.
H. ''Public Entin" shall mean a county, city, whether general law or chartered, city and county, town, district, political subdivision, joint powers authority, or any board, commission, or agency thereofp
_
roviding a municipal service, excluding school districts.
I. ''Public Retirement System" shall mean CalPERS or any other Public Entity retirement program established or operated by a California Public Entity available to public employees as to which current or former employees of P ARSAC participated.
J. '�Retirement Liability" shall mean the liability that PARSAC possesses to all former or current employees of PARSAC for retirement benefits owed to them pursuant to a contract between PARSAC and a Public Retirement System and arising by reason of those employees participation in the Public Retirement System.
3
K. '•Retrospective Premium" shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program.
L. '�Retrospective Premium Adiustmenf' shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount.
ARTICLE II
PARTIES TO THE AGREEMENT
Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining.
ARTICLE III
PURPOSE
This Agreement is entered into by the Member Entities in order to:
A. Provide for an apportionment among current and fonner PARSAC Member Entities of 100% of P ARSAC' s Retirement Liability consistent with the requirements of Government Code §§ 6508.1 and 6508.2 as enacted and amended effective January 1, 2019. The current Member Entities of PARSAC are set forth in Appendix A. The former Member Entities of PARSAC as of the date of this Agreement are set forth in Appendix B. 4
ARTICLE IV
MF.TH On OF A PPORTTONMF.NT OF RF,TIREMENT LIA RH JTY
A. In the event of a decision by the governing Board of PAR SAC to dissolve and cease all operations, or in the event of a decision by the governing Board of P ARSAC to terminate PARSAC's contract with a Public Retirement System, the Member Entities agree that 100% of PARSAC' s Retirement Liability shall be funded by all current and former PARSAC Member Entities based on a pro rata share of the former and current Member Entities' historical Deposit Premium in the Workers' Compensation and Liability self-funded Programs. The apportionment of the Retirement Liability shall be calculated as set forth above, and the unfunded Retirement Liability then existing shall be paid as follows: The unfunded Retirement Liability then existing shall be paid prior to any distribution of assets as provided in ARTICLE XXV of the JPA Agreement and prior to the payment of any equity that may be determined as the result of the Retrospective Premium Adjustment process as set forth in ARTICLE XX. (For example, should a Member Entity have remaining equity in either the Workers' Compensation or Liability program, at the time of PARSAC's dissolution or PARSAC's termination of PARSAC's contract with a public retirement system, the Member Entity's equity shall first be applied to reduce that Member Entity's share of the apportionment of the Unfunded Retirement Liability.) B. In the event that PARSAC disposes of the real property identified as 1525 Response Road, Sacramento, CA, 95815 (the "Property"), any unfunded Retirement Liability of PARSAC shall first be reduced by applying the proceeds from the sale of the Property as provided in Resolution 2019-03, attached hereto as Exhibit A, prior to the determination of the amounts owed by the former or current Member Entities under the apportionment provided herein. 5
C. The apportionment of the Retirement Liability of PARSAC among the former and current Member Entities of PARS AC and the obligation of the. former and c-urrent Member Entities to pay such apportionment of the PARSAC Retirement Liability as provided herein shall be a separate and independent obligation from the obligation of the Member Entities arising upon termination, expulsion or withdrawal of a Member Entity or upon termination of the Joint Powers Agreement (as revised effective May 25, 2017) including but not limited to ARTICLES XX, XXII, XXIII, XXIV and XXV of that Agreement.
ARTICLE V
TERM OF AGREEMENT
This Agreement shall become effective as of the date hereof and shall continue in full force and effect for the purpose of paying 100% of the Retirement Liability of P ARSAC pursuant to the apportionment among former and current Member Entities as provided for herein.
ARTICLE VI
SEVERABILITY
Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby.
ARTICLE VII
AGREEMENT COMPLETE
The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws and Memoranda of Coverage. Ifany provision of this Agreement conflicts with a provision 6
of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern.
ARTICLE VIII
AMENDMENTS
This Agreement may be amended by a two-thirds vote of the Board present and voting at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty [30] days in advance of such meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the Board explicit authorization to approve and execute amendments to this Agreement on behalf of the Member Entity without the necessity of a resolution or ordinance of the legislative body of the Member Entity confirming or ratifying such amendment. Any such amendment shall become effective immediately, unless otherwise stated therein.
ARTICLE IX
EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original, but altogether shall constitute one and the same Agreement.
7
8 Public Agency Risk Sharing Authority of California [“PARSAC’] Date: By: ________________________________
Name/Title
Attest: ______________________________
Deputy Secretary, PARSAC
Member Entity: _______________________
Date: By: ________________________________
Name/Title
Attest: ______________________________
City/Town Clerk
APPENDIX "A"
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA
[PARSAC]
MEMBER ENTITIES
City of Amador City
City of Avalon
City of Belvedere
City of Blue Lake
City of California City
City of Calimesa
City of Calistoga
City of Citrus Heights
City of Clearlake
City of Coalinga
City of Ferndale
City of Grass Valley
City of Highland
City of Menifee
City of Nevada City
City of Pacific Grove
City of Placentia
City of Placerville
City of Plymouth
City of Point Arena
City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
City of Rancho Santa Margarita
City of San Juan Bautista
City of South Lake Tahoe
City of Tehama
City of Trinidad
Town of Truckee
City of Twentynine Palms
City of Watsonville
City of Wheatland
City of Wildomar
Town of Yountville
City of Yucaipa
Town of Yucca Valley
9
APPENDIX "B"
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA
[PARSAC]
FORMER MEMBER ENTITIES
City of Alturas
City of Canyon Lake
City of Carlsbad
City of Elk Grove
City of Hesperia
City of Rialto
City of Ridgecrest
City of Rio Dell
City of West Hollywood
BYLAWS
of the
CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY
Approved 12/14/2023 | Page 1
ARTICLE I.
PREAMBLE
The California Intergovernmental Risk Authority (“CIRA” or “the Authority”) is established for the purposes and under the authorities described in its Joint Exercise of Powers Agreement (“Agreement”). The Agreement specifies that Bylaws will govern many of the operations of the Authority, and defines certain terms used in these Bylaws.
ARTICLE II.
NEW MEMBERS
Any California public agency that provides municipal services or is a special district may become a Member of the Authority. For purposes of membership a “Municipal Member” is a member from a general law or – Charter city or town and a “Special District” is a limited purpose local government, separate from cities and counties, providing focused public services including fire protection, sewer, water, parks and recreation, cemeteries and libraries. Members agree to be bound by the Governing Documents and by complying with all of the following requirements:
A. Submit a completed application for membership 90 days before the start of the fiscal year, including any required application fee;
B. Submit a signed resolution acknowledging participation under the terms and conditions which then prevail;
C. Execute the Agreement then in effect and agree to be bound by any subsequent amendments to the Agreement;
D. Agree to be a Member for at least five consecutive fiscal years after commencement of membership or, if a member of the Public Agency Risk Sharing Authority of California (PARSAC) or the Redwood Empire Municipal Insurance Fund (REMIF) as of June 30, 2021, for two fiscal years after that date; E. Be accepted for membership by a two-thirds vote of the Board of Directors; F. Appoint, in writing, a representative to act as Director on the Authority’s Board and another to act as alternate Director in the absence of the Director, who shall be officers or employees of the Member; and G. Ensure the Director and alternate Director file with the Authority the required Fair Political Practices Commission (FPPC) forms upon assuming office, annually, and upon termination of office.
Before the Board votes on a potential Member’s application, there shall be a review and interview of the applicant, in accordance with the Underwriting Guidelines, including the applicant’s most recent audited financial statement and associated management letters. This review may also include a safety inspection of the facilities of the applicant. A two-thirds vote of the Board of Directors is required to approve the application, based upon the application, and any inspections, reports, or other material pertinent to the decision.
Approved 12/14/2023 | Page 2
ARTICLE III.
MEMBER RESPONSIBILITIES
Each Member is responsible for the following:
1. Cooperation with the Authority, its insurers, adjusters and legal counsel in determining the cause of losses in settling claims, and supporting effective risk management and risk transfer decisions;
2. Timely payment of all contributions, assessments, interest, penalties, or other charges imposed consistent with the Governing Documents;
3. Providing the Authority with statistical and loss experience and other data as requested.
4. Execution of a membership resolution for each Program in which the Member participates.
5. Appointing a representative and alternate to represent the Member on the Authority’s Board, expressly authorizing such representatives to act on behalf of the Member on all matters coming before the Board, and assuring that its representative or alternate regularly attend meetings of the Board and any committee to which a representative has been appointed.
6. Execution of amendments to this Agreement as set forth in Article XIX; provided, however, the Member may, by resolution or ordinance, authorize its representative on the Board to approve and execute amendments on behalf of the Member without the necessity of a resolution or ordinance of the legislative body of the Member confirming or ratifying such amendment.
7. As required by the Authority, undertake risk management audits of its facilities and activities, conducted by a person and/or firm approved by the Authority and provide evidence of correction, elimination and/or clarification of all noted deficiencies or recommended corrections to the satisfaction of the Authority.
8. Use of an Authority-approved third-party claims administrator.
9. Payment for the costs of staffing and supporting the Authority (“general expenses”) shall be funded by the Members in accordance with the Board’s allocation of general expenses to the Authority’s various Programs.
ARTICLE IV.
GOVERNING BOARD
A. The governing body of the Authority shall be the Board of Directors (Board). The Board shall be comprised of one Director from each Municipal Member. Special Districts will have no more than seven Directors and three alternates. Each Director has one vote. An alternate Director may cast a vote only in the absence of the Director. Each Director and alternate Director must be an officer or employee of the Member. A Member may change any of its representatives to the Board only by written notification to the Authority from the Member’s governing body or the Member’s Chief Executive Officer or equivalent.
Approved 12/14/2023 | Page 3
B. The Board shall provide policy direction for the General Manager, the Executive Committee, any other standing committees, and any administrative or legal service providers to the Authority. The Board may delegate any or all of its responsibilities, except those requiring a vote by the Board as specified in the Governing Documents.
C. As to Program-specific agenda items, only the Directors representing Members that participate in that Program may vote, and as to such items a quorum shall be determined by reference to the number of Members participating in the Program. As to agenda items relating to all liabilities and obligations of CIRA existing prior to the Effective Date (“Preexisting Obligations”), only Directors representing Members who were members of the Authority prior to the Effective Date may vote, and as to such items, a quorum shall be determined solely by reference to the number of Members that were members of the Authority prior to the Effective Date.
D. The Board reserves unto itself the authority to do the following (except where specifically noted, a simple majority of the Board present at a meeting may take action):
1. Accept a new Member to the Authority (two-thirds vote of the Board);
2. Accept indebtedness (two-thirds vote of the entire Board);
3. Adopt a budget;
4. Amend these Bylaws;
5. Elect and remove Officers;
6. Expel a Member from the Authority (two-thirds vote of the Board);
7. Approve dissolution of Authority (two-thirds vote of the entire Board); and
8. Approve financing costs from one Program to another (Program to Program borrowing) if such financing extends beyond a twelve-month period.
E. The Board will meet at least once a year to review the operations of the Authority. The Board will establish a time and place to hold such regular meetings. The Board Secretary will mail notices of all Board meetings to each Member, keep minutes of the meetings, and send copies of such minutes to the Members.
F. A special meeting may be called by the president or by a majority of the Board with twenty-four (24) hours’ notice, stating the purpose, date, time, and place of the meeting, provided such notice is in writing.
G. Every Member is expected to have its Director or alternate attend Board meetings.
H. All meetings of the Board shall be conducted in accordance with the Ralph M. Brown Act (Government Code §54950 et seq.)
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I. A quorum shall consist of a majority of the Directors then appointed and serving, without counting vacancies. All matters within the purview of the Board may be decided by a majority vote of a quorum of the Board, except as specified otherwise in the Governing Documents.
ARTICLE V.
OFFICERS
A. The officers of the Authority shall consist of a President, a Vice President, a Treasurer, an Auditor/Controller, and a Secretary. The Board shall elect the President, Vice-President, Treasurer, and Auditor/Controller. The President, Vice-President, and Auditor/Controller must be directors on the Board. The Treasurer may be a Director, an employee of the Authority, or an employee of a Member, and if the Treasurer is an employee of a Member the employee need not be the Member’s designated representative on the Board. The General Manager shall serve as Secretary.
B. Initial officers shall serve staggered terms with the President and Treasurer serving a two-year term and Vice President and Auditor/Controller serving a one-year term. The terms of office for subsequent officer elections shall be two years. The President and Auditor/Controller will be elected in odd-numbered years and the Vice President and Treasurer will be elected in even-numbered years.
C. Initial officers (other than the Secretary) shall be elected at the first meeting of the Board of Directors.
At least 30 days before each subsequent election, the President may appoint a nominating committee as set forth in these Bylaws or propose a slate informally.
D. The nominating committee’s nomination of candidates for elected officer positions shall be made in writing, and the slate of nominees will be sent to each Member at least seven (7) days before the last regular Board meeting of the fiscal year. Additional candidates for any of the offices may be made by an open nomination and second from the floor at the time of the meeting.
E. The election of officers will be held at the last regular Board meeting of the fiscal year in which their terms expire or at a special meeting called for that purpose. Those candidates receiving a majority of votes cast for each office will succeed to those offices. If no nominee receives a majority of the vote, the nominee with the least votes shall be deleted as a nominee and a new vote taken. This elimination process will continue until one nominee receives a majority vote. Each Director or, in the absence of that Director, the Director’s alternate, shall be eligible to vote.
F. Each elected officer will serve until the next election of officers, or termination of his or her employment with the Member, or until removal from office by a majority vote of the Board, whichever is earliest.
G. The Board shall make the appointment to a vacancy in the office of the President. Vacancies in any other office shall be filled by appointments by the President with ratification by the Board at the next Board meeting held after the vacancy occurs. In the event that the Board fails to ratify an appointment, the President shall make another appointment which will be subject to ratification by the Board.
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H. The President shall preside at all meetings of the Authority. The President shall, with the consent of the Board or Executive Committee, appoint representatives to the board of any joint powers authority of which the Authority is a Member, and shall make all Committee appointments with the exception of the Executive Committee. The President shall execute documents on behalf of the Authority as authorized by the Board and shall serve as the primary liaison between the Authority and any other organization.
The President shall serve as a member of the Executive Committee and as a nonvoting ex-officio member of all other Committees.
I. In the absence or temporary incapacity of the President, the Vice-President shall exercise the functions of the President. The Vice-President shall serve as member of the Executive Committee and as a nonvoting ex-officio member of all other committees when the President is unable to attend.
J. The Auditor/Controller shall be responsible for the duties and functions prescribed by Government Code Section 6505.6, as well as any other duties as may be specified by the Board or the Executive Committee.
The Auditor/Controller may appoint an assistant to serve as needed, provided such assistant shall not be an employee or public official of the same Member as the Auditor/Controller. In the absence of both the President and Vice President at any one meeting, the Auditor/Controller shall preside over that meeting only and shall have powers and duties as may be required by the Board for this purpose. If the President, Vice-President, and Auditor/Controller will be absent from any one meeting, any of them may designate a director to preside over the meeting, but the designated director shall have only the powers and duties as may be required by the Board for this purpose.
K. The Secretary shall be responsible for preparing all minutes and agendas of the Board, the Executive Committee, and any other Committee meetings, preparing necessary correspondence, and maintaining files and records.
L. The Treasurer shall have no vote on the Board or Executive Committee unless the Treasurer is a designated representative of a Member to the Board. The Treasurer shall have the responsibility to establish and maintain such funds and accounts as may be required by accepted accounting practices and procedures prescribed by the Government Accounting Standards Board and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program. Books and records of the Authority in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Members. The Treasurer shall disburse Authority funds, accounts, and property, in accordance with the Government Code and at the direction of the Board.
M. An Officer Emeritus is a retired or former member of the Authority’s or REMIF’s Executive Committee or Board of Directors, preferably an Officer, having served three terms or more on the Executive Committee or six years on the Board for each agency. The Officer Emeritus serves to maintain the institutional knowledge, culture, and practice of CIRA. The Officer Emeritus is independent and does not represent any Member. The Officer Emeritus attends and may participate in meetings but does not vote. The Officer Emeritus may represent CIRA as directed and may serve as a mentor or advisor as needed and available. The Officer Emeritus receives a stipend as determined by the Board via resolution and reimbursement for reasonable travel expenses. The Executive Committee shall appoint up to two Officers Emeritus to be affirmed by the Board. The Officer Emeritus position will be re-evaluated by the Board after five years.
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ARTICLE VI.
COMMITTEES
A. Executive Committee. There shall be an Executive Committee to conduct the day-to-day business of the Authority. The Board may create other committees, standing or temporary, as it deems necessary.
B. All committee meetings shall be conducted in accordance with applicable law, including but not limited to the Ralph M. Brown Act (Government Code § 54950, et seq.). For all committees, a quorum shall consist of a majority of committee members then appointed and serving, without counting vacancies.
All matters within the purview of a committee may be decided by a majority vote of a quorum of the committee, except as specified otherwise in the Governing Documents.
C. The Executive Committee shall be composed of fourteen members including the President, VicePresident, Treasurer (if a Board Member), and Auditor/Controller, and nine (or ten, if necessary) other individuals, all of whom must be Directors and not alternates. Five of the ten shall be elected by the Board in even numbered years and five (or six, if necessary) shall be elected by the Board in odd numbered years. One each shall be elected by the Directors in each of three regions designated by the Board. One each shall be elected by the Directors in each of three size categories (small, medium, and large) designated by the Board. One Special District Director shall be elected to represent Special District members. Three (or if necessary four) shall be elected at large. Executive Committee members may be re-elected without restriction. No Member shall be represented by more than one member on the Executive Committee.
D. Members of the Executive Committee may be removed with or without cause by the Board, which shall elect replacements for the vacancies caused by such removal. Members may also be removed for failure to attend two consecutive meetings without reasonable excuses. The President may appoint replacements to fill any vacancies caused by death, disability, resignation, disqualification, or removal for unexcused absences, and such appointees shall serve until the next meeting of the Board, at which time the selection of replacement shall be ratified or another replacement elected.
E. The Executive Committee may exercise all powers and authority of the Board, except those reserved to the Board as set forth in Article IV.D. The Executive Committee may make recommendations to the Board on matters including a change in Members’ retention levels, approval of the annual budget, and approval of new Members. The Executive Committee may also establish subcommittees, define their functions and responsibilities and appoint members to them; appoint or terminate the General Manager; and exercise such other powers and perform such other duties as these Bylaws or the Board may prescribe.
F. PARSAC Committee. The Board shall appoint a committee made up of representatives of Authority members that were members prior to the Effective Date to make recommendations to the Board regarding the administration of the Preexisting Obligations.
G. Personnel Committee. The Officers (not including the Secretary or any Treasurer who is not a Director) and two other Directors appointed by the President (three if the Treasurer is not a Director) shall serve collectively as the Personnel Committee, with the authority to oversee, review and recommend action to be taken by the Executive Committee regarding the performance and compensation of the General Manager and any other personnel issues.
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ARTICLE VII.
GENERAL MANAGER
A. The General Manager shall be the Chief Administrative Officer and Secretary of the Authority. The General Manager may not be an employee or an officer of a Member.
B. The General Manager shall be responsible for administering the operations of the Authority, including giving notices of meetings, posting of agendas for meetings, preparation of minutes of meetings, maintenance of all accounting and other financial records of the Authority, filing of all financial reports of the Authority, reporting activities of the Authority to Members, and other such duties as the Board may specify.
C. The General Manager shall appoint all staff positions of the Authority, subject to budget approval by the Board, and shall be responsible for their supervision.
D. The General Manager shall attend all meetings of the Board and Executive Committee ARTICLE VIII.
SETTLEMENT OF CLAIMS
A. The General Manager shall have authority to settle workers compensation, property and liability claims up to the limit specified by Board policy but not to exceed the actual amount of the claim. The Executive Committee, Board, or a designated claims committee, if appointed, shall have authority to settle claims beyond the authority of the General Manager.
B. For workers’ compensation claims, staff has standing authority to pay benefits due under workers’ compensation law for medical benefits, temporary disability, etc. and to resolve permanent disability claims up to statutory requirements. Any settlements for permanent disability and/or a compromise and release exceeding the statutory requirements may be settled by the General Manager, or by the Executive Committee or Board for amounts in excess of the General Manager’s authority up to the Authority’s limit of coverage.
ARTICLE IX.
FINANCIAL AUDIT
A. The Auditor/Controller shall cause an annual audit of the financial accounts and records of the Authority to be made by a qualified, independent individual or firm. The minimum requirements of the audit shall be those prescribed by law.
B. The financial audit report shall be filed with the State Controller’s Office within six months of the end of the fiscal year under examination. A copy of the audit report shall be filed as a public record with each Member.
C. The costs of the audit shall be charged against the operating funds of the Authority.
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ARTICLE X.
FISCAL YEAR
A. The fiscal year of the Authority shall be the period from July 1 of each year through June 30 of the subsequent year.
ARTICLE XI.
BUDGET
A. A draft budget shall be presented to the Board at the last scheduled Board meeting prior to July 1 of the next fiscal year.
B. The Board shall adopt the annual budget by July 1 of each year.
ARTICLE XII.
ESTABLISHMENT AND ADMINISTRATION OF FUNDS
A. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the subject, particularly Section 6505 of the Government Code. The Treasurer shall receive, invest, and disburse funds only in accordance with procedures established by the Board and in conformity with applicable law.
B. The funds received for each Program shall be accounted for separately on a full-accrual basis. The portion of each Program’s annual contribution allocated for payment of claims and losses shall be held by the Authority in trust for the Program members.
C. The Treasurer may invest funds not required for the immediate operations of the Authority, as directed by the Board or Executive Committee, in the same manner and on the same conditions as local agencies as provided by Government Code Section 53601.
D. The General Manager shall draw warrants to pay demands against the Authority, after such demands have been approved by both the President and the Treasurer, except for employee payroll and benefits disbursements, and other unusual or urgent circumstances as determined by the General Manager. All checks disbursing funds of the Authority shall be signed by at least two Authority officials, one of whom must be the General Manager or designee.
E. Officers, directors and employees handling funds shall be properly bonded as determined by the Board or Executive Committee.
ARTICLE XIII.
PROGRAMS
A. The Authority shall establish Programs in such areas as the Board may select including, but not limited to, the areas of property, workers’ compensation, and liability coverage.
B. Coverage in a Program may be provided by a self-funded risk-sharing pool, participation in pooled excess self-insurance, purchased insurance, reinsurance or any combination thereof, as determined by the Board or Executive Committee.
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C. The Authority may authorize and use administrative funds to study the feasibility and development of new Programs. If a new Program is approved by the Board, the estimated contributions to fund the Program shall be developed and presented in writing to each Member. Each Member shall have sixty (60) days from the date of such notice to state in writing its intent to join or refrain from joining the new Program. Unless the Member provides written notice to the Authority of its intent to participate in the new Program, it shall be presumed that the Member declines to participate in the Program. Upon conclusion of the notice period, the final contributions will be determined and billed to the Members in the new Program. Each Member that elected to participate will be bound to the new Program for the period of time required by the Master Program Document.
D. The Board will adopt and maintain a Memorandum of Coverage and Master Program Document, and determine the financial contributions to be required of the Members for each Program. The Memorandum of Coverage or Master Program Document shall, among other things, establish procedures for addressing claims disputes.
E. Each Program will be financially self-contained and individually evaluated for administrative and equity allocation purposes. Each fiscal year within each Program shall be separately accounted and maintained.
Program funds may be co-mingled with the funds of another Program for durations shorter than a twelve-month period, or when specifically allowed by the Board.
F. Each Member shall cooperate fully with the Authority to provide underwriting and safety and loss control information. Additionally, each Member shall comply with the provisions of the annual Safety and Loss Prevention Program Plan as approved by the Board.
G. Members with delinquent amounts due may be assessed a penalty which shall be set by the Authority.
H. The condition of each Program shall be evaluated by an independent actuary. The Workers’ Compensation and Liability Programs shall receive such evaluation on an annual basis. Other Programs shall be evaluated as determined by the Board. The condition of each open fiscal year within each such Program shall be evaluated to determine its actuarial soundness. If it is determined by the actuary that any year is no longer actuarially sound, appropriate actions shall be taken. In addition, the Board reserves the right to assess all Members and/or the Members of any Program an amount determined by the Board to be necessary for the soundness of the Program and to allocate such assessment in a fair and equitable manner.
I. The withdrawal or expulsion of a Member from any Program shall be in accordance with the provisions of the Master Program Document.
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J. The withdrawal or expulsion of any Member from any Program shall not terminate the Member’s responsibility to contribute its share of contributions, or funds, to any fund or Program in which it participated, nor its responsibility to provide requested data for the periods in which it participated. All current and past Members shall be responsible for their respective share of the expenses, as determined by the Authority, until all claims, or other unpaid liabilities covering the period of the Member’s participation in the Program, have been finally resolved and a determination of the final amount of payments due by, or credit to, the Member for the period of its participation has been made by the Board. Past Members shall receive any distribution of surplus based on the same methodology as current Members. The withdrawal or expulsion of any Member from any Program shall not require the repayment or return to that Member of all or any part of any contributions, payments, advances, or distributions except in conformance with the provisions as set forth herein and in the Master Program Document.
K. The Treasurer may deposit and invest Authority funds, subject to the same requirements and restrictions that apply to deposit and investment of the general funds of a city incorporated in the State of California and in accordance with the Investment Policy adopted annually by the Board.
L. The accounting method for each Program will be in accordance with the provisions of the Master Program Document and the principles established by the Government Accounting Standards Board.
ARTICLE XIV.
WITHDRAWAL, DEFAULTS AND EXPULSION FROM THE AUTHORITY
A. Withdrawal from a Program
1. Any Member which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations.
2. All Members must participate in at least one of the following two Programs: Workers’ Compensation and Liability. If withdrawal from a Program would result in the Member no longer participating in either of these two Programs, then such withdrawal shall constitute withdrawal as a party to the Joint Powers Agreement, subject to the Member’s continuing obligations outlined in this Agreement and any other relevant governing documents. Withdrawal from the Authority pursuant to this Section A requires one year’s notice of intent to withdraw as described in Section B below.
B. Withdrawal from the Authority
1. A withdrawing Member must notify CIRA of its intention to withdraw at least one year prior to the end of the fiscal year in which the Member intends to withdraw, unless a shorter withdrawal period is approved by the Executive Committee, in its sole discretion.
2. Withdrawing Members shall forfeit any remaining equity. In addition to foregoing equity, withdrawing members shall be subject to an administrative fee equal to their pro-rata share of ongoing expenses for the three program years following withdrawal. Ongoing expenses include but are not limited to staff payroll and benefits, actuarial services, investment services, financial audits, and claims administration. The withdrawing member will be invoiced its portion of the administrative fee for each of the three years, as outlined in the Master Program Document.
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3. Following withdrawal, any Member which was a participant in any Program shall be responsible for its share of any additional amount of contribution, determined by the Board in accordance with the retrospective contribution adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the withdrawn Member’s period of participation. Any such additional contribution shall be taken first from the Member’s forfeited equity, if any, and if such equity is insufficient the withdrawn Member shall be responsible to pay the difference.
4. A notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety (90) days before the expiration of the withdrawal period, except that any withdrawal approved by the Executive Committee upon less than six (6) months’ notice shall be final.
C. The following shall be “defaults” under the Agreement and these Bylaws:
1. Failure by a Member to observe and/or perform any covenant, condition, or agreement under the Governing Documents, including but not limited to risk management or loss reporting procedures;
2. Consistent failure to attend meetings by a Member’s designated representative or alternate, submit requested documents, or cooperate in the fulfillment of the Program objectives;
3. Failure to pay any amounts, including penalties and interest, due to the Authority for more than thirty (30) days;
4. Consistent inability to sustain the financial and insurance criteria that was reviewed and considered upon application for membership. For example, excessive losses, financial distress of member, handling of legal matters, corrective actions and other areas as determined by the Board;
5. The filing of a petition applicable to the Member in any proceedings instituted under the provisions of the Federal Bankruptcy Code or under any similar act which may hereafter be enacted; or
6. Any condition of the Member which the Board believes jeopardizes the financial viability of the Authority.
D. Remedies on Default
1. Whenever any default has occurred, the Authority may exercise any and all remedies available pursuant to law or granted pursuant to the Agreement and these Bylaws including, but not limited to increasing a Member’s retention, penalty, or assessment, canceling a Member’s coverage, or expelling the Member. However, no remedy shall be sought for defaults until the Member has been given thirty (30) days’ notice of default by the Authority.
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2. Probation of a Member from a Program and/or Authority:
a. If deemed appropriate by the Authority a member may be put on probation for a defined period of time to remedy any stated failures or matters noted in this Article. b. Notice of such probation shall be in writing and signed by both parties. c. The probation remedies and timelines shall be stated clearly in the notice of probation so that the Authority’s actions at the end of the probation period are understood by both parties.
3. Expulsion of a Member from the Authority:
a. The Board, with at least a two-thirds vote, may expel any Member that is in default from the Authority.
b. Such expulsion shall be effective on the date prescribed by the Board, but not earlier than thirty days after notice of expulsion has been personally served or sent by certified mail to the Member.
c. The expulsion of any Member from any Program, after the effective date of such Program, shall not terminate its responsibility to contribute its share of contributions, or funds, to any fund Program in which it participated, nor its responsibility to provide requested data for the period(s) in which it participated.
E. Cancellation by the Authority of Coverage under a Program:
1. Upon the occurrence of any default, the Board may temporarily cancel all rights of the defaulting Member in any Program in which such Member is in default until such time as the condition causing default is corrected.
2. Upon the occurrence of any default, the Board, with at least a two-thirds (2/3) vote, may cancel permanently all rights of the defaulting Member in any Program in which such Member is in default.
F. No remedy contained herein is intended to be exclusive. No delay or failure to exercise any right or power accruing upon any default, shall impair any such right or shall be construed to be a waiver thereof.
G. In the event any provision in any of the Governing Documents is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder.
H. Except as stated in this Article or elsewhere in the Governing Documents, neither withdrawal nor expulsion shall extinguish the rights and obligations of the parties incurred prior to such withdrawal or expulsion.
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ARTICLE XV.
LEGAL REPRESENTATION
A. Legal counsel may be retained by the Board to advise on matters relating to the operation of the Authority and interpretation of the Governing Documents, including but not limited to the Memoranda of Coverage. In matters in which the parties’ interests are adverse or potentially adverse, counsel for the Board shall only represent the Board and shall not represent any individual Member without the informed written consent of both parties.
B. The Authority shall have the right to pay such legal counsel reasonable compensation for said services.
ARTICLE XVI.
EXECUTION OF CONTRACTS
A. The Board or Executive Committee may authorize any officer or officers, or any agent or agents, to enter into any contract or execute any instrument in the name, and on behalf, of the Authority and such authorization may be general or confined to specific instances.
B. Unless so authorized by the Board, no officer, agent, or employee shall have any power or authority to bind the Authority by any contract or to pledge its credit or to render it liable for any purpose or to any amount.
ARTICLE XVII.
EXPENSE REIMBURSEMENT AND INSURANCE
A. The Authority shall reimburse any Director who does not otherwise receive compensation for actual expenses incurred, for reasonable out of pocket expenses of the Director in the performance of his/her duty on behalf of the Authority.
B. The Authority shall obtain insurance or provide other coverage (which may include self-insurance) indemnifying the directors, officers, and employees for personal liabilities arising out of wrongful acts in the discharge of their duties to the Authority.
ARTICLE XVIII.
NOTICES
A. Any notice to be given to any Member, in connection with these Bylaws, must be in writing (which may include facsimile or email) and will be deemed to have been given when deposited in the mail to the address specified by the Member to receive such notice. Any notice delivered by facsimile will be deemed to have been given when the facsimile transmission is complete. Any notice delivered by email will be deemed to have been given when the message is successfully sent. Any Member may, at any time, change the address to which such notice will be given by giving five (5) days written notice to the Authority.
B. Any notice to or claim against the Authority shall be mailed or delivered to the mailing address of the Authority.
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ARTICLE XIX.
EFFECTIVE DATE, AMENDMENTS, AND SUPREMACY
A. These Bylaws shall be effective immediately upon the date of adoption.
B. Any amendments to these Bylaws shall be effective upon adoption, unless the Board in adopting them specifies otherwise, and shall supersede and cancel any prior Bylaws and/or amendments thereto.
C. These Bylaws shall not be amended until at least 30 days after notice of the proposed amendment has been given to each Member.
D. The adoption or amendment of these Bylaws shall not affect the Agreement or any amendments thereto.
Any provision in these Bylaws which is inconsistent with the Agreement shall be superseded by the Agreement but only to the extent of the inconsistency.
ARTICLE XX.
POWER OF DESIGNATED PARTY
A. Pursuant to Government Code section 6509, the Authority is subject to the restrictions upon the manner of exercising the power of the City of Rancho Cucamonga. In the event that the City of Rancho Cucamonga ceases to be a member of the Authority, the Authority’s power shall be subject to the restrictions applicable to the City of Sebastopol.
ITEM NO. 6.9
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Chris Lum Construction Manager - CNC Engineering
Dev Birla, Contract Electric Utility Director
DATE: June 26, 2025
SUBJECT: Consideration of Notice of Completion for Contract No. CITY-1489, Fire Damage Repair of EV and Solar Energy System at Metrolink Station with Golden Sun Firm
Background:
On February 8, 2024, the City Council awarded Contract No. CITY-1489 for the Fire Damage Repair of EV and Solar Energy System at Metrolink Station project, to Golden Sun Firm, in the amount of $768,750.00. This project consists of the replacement of the damaged canopy purlins, solar panels, wiring to all solar panels, combiner wiring and cabinets, electrical panels and wiring, EV charging systems equipment, and communications cabling throughout the project limits. Civil-related repairs will be done also, including the installation of signage and pavement striping and markings.
Discussion:
As of April 30, 2025, the City Manager approved Change Order No. 1 in the amount totaling $12,345.59:
• Change Order No. 1 – Costs in the amount of $12,345.59 were approved to reimburse the contractor for an unforeseen increase in costs for the disposal of the solar panels.
As of May 27, 2025, Staff determined the replacement of the damaged canopy purlins, solar panels, wiring to all solar panels, combiner wiring and cabinets, electrical panels and wiring, EV charging systems equipment, and communications cabling, and civil-related repairs have been completed.
Table 1 - Summary of Extra Costs
Contract Amount $768,780.00
Change Order No. 1 $12,345.59
Revised Project Cost $781,095.59
Fiscal Impact:
The revised contract amount including Change Order No. 1 totals $781,095.59. In the adopted Fiscal Year 2024/2025 Capital Improvement Project budget, $1,000,000.00 is approved for this project (Account No. 120-726-5205/MP 06-18 #11). The cost to reconstruct and repair the damaged property will be offset by the insurance reimbursement the City received in the amount of $480,679.95.
Recommendation:
1. Accept the work performed by Golden Sun Firm, in the amount of $781,095.59; and
2. Authorize the Public Works Director to execute the Notice of Completion attached here as Exhibit A; and
3. Authorize the City Clerk to file a Notice of Completion for this project.
Exhibits:
1. A. Notice of Completion, dated June 26, 2025
EXHIBIT A
Notice of Completion, dated June 26, 2025
[Attached]