Industry City Council
September 25, 2025

CITY COUNCIL REGULAR MEETING AGENDA
SEPTEMBER 25, 2025

CITY COUNCIL

REGULAR MEETING
AGENDA
SEPTEMBER 25, 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: 258 257 557 660 0
Meeting Passcode: fg9zo3zR
Or call in (audio only)
+1 657-204-3264,
Phone Conference ID: 696 983 536#
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
SEPTEMBER 25, 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 September 25, 2025 RECOMMENDED ACTION: Approve the Register of Demands and authorize the appropriate City Officials to pay the bills.

6.2. Consideration of a Facilities Use Agreement with Delhaven Community Center, for access to the parking lot located at the Workman and Temple Homestead Museum, to utilize for a fundraising event
RECOMMENDED ACTION: Approve the Agreement.

6.3. Consideration of a Professional Services Agreement with Biggs Cardosa Associates, Inc., to provide Bridge Engineering Services in an amount not to exceed $1,043,872.00, through September 25, 2028
RECOMMENDED ACTION: Approve the Agreement

6.4. Consideration of Amendment No. 3 to the Agreement with Tyler Technologies, Inc. for software to host the City’s Enterprise Resources Planning System, extending the term to December 31, 2029, increasing the compensation by $15,593.47, and revising the scope of services RECOMMENDED ACTION: Approve Amendment No. 3

6.5. Consideration of an Extension to Agreement with County Sanitation District No. 2 of Los Angeles County for the purchase of Reclaimed Water RECOMMENDED ACTION: Approve the Agreement.

6.6. Consideration of Granting an Easement to Southern California Edison at the El Encanto Healthcare and Habilitation Center (MP 07-24 #1) RECOMMENDED ACTION: Approve the Easement

CITY COUNCIL REGULAR MEETING AGENDA
SEPTEMBER 25, 2025

6.7. Consideration of Amendment No. 2 to the Professional Services Agreement with CU Technology, LLC dba Acorn Technology Services for Information Technology Support Services, extending the term through October 31, 2026, increasing compensation by $300,869.12 and updating the rate schedule RECOMMENDED ACTION: Approve Amendment No. 2

6.8. Consideration of Amendment No. 2 to the Maintenance Services Agreement with Sage Environmental, LLC., for City-wide grazing and fuel reduction services, revising the scope of services, revising the rate schedule, and increasing compensation by $150,000.00.

RECOMMENDED ACTION: Approve the Amendment.

7. ACTION ITEMS

7.1. Consideration of Resolution No. CC 2025-39 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, MAKING A

NOMINATION TO REPRESENT CITIES WITH PRESCRIPTIVE PUMPING

RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER

QUALITY AUTHORITY
RECOMMENDED ACTION: Staff recommends the City Council 1) make a nomination to represent cities with prescriptive pumping rights on the board of the San Gabriel Basin Water Quality Authority; and 2) adopt Resolution No. CC 2025-39.

8. PUBLIC HEARING-NONE

9. CLOSED SESSION

9.1. PUBLIC EMPLOYMENT PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
TITLE: CITY MANAGER

9.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Legacy Point, LLC
Los Angeles County Superior Court Case No. 25STCV03700

9.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Legacy City Center, LLC
Los Angeles County Superior Court Case No. 25STCV03524

9.4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. Puente Hills Associates, LLC
Los Angeles County Superior Court Case No. 25STCV03679

CITY COUNCIL REGULAR MEETING AGENDA
SEPTEMBER 25, 2025

9.5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Case: City of Industry v. E-Ho One, LLC, et al
Los Angeles County Superior Court Case No. 25STCV03695

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, October 9, 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: September 25, 2025
SUBJECT: Consideration of a Facilities Use Agreement with Delhaven Community Center, for access to the parking lot located at the Workman and Temple Homestead Museum, to utilize for a fundraising event
Background:

Delhaven Community Center (“Delhaven”) is a locally based non-profit organization that works with our community’s special needs population, at-risk children, as well as young adults and their families. The organization has been in the community since 1972 and has helped thousands of families with the support services that they offer, including after-school day care, summer camps, free food services, and care for those with special needs.

Delhaven requested permission from the City to utilize the parking lot at the Workman and Temple Homestead Museum to host a fundraising event. The event will take place on December 13, 2025, from the hours of 8 am to 5 pm. The fundraising event will feature a car exhibition, showcasing cars from the Puente Viejo Car Club and vendors offering food and a variety of merchandise. There will also be a holiday toy drive collection benefiting the children in the community.

Discussion:

The fundraiser aims to support the children in the community. Those in attendance will donate an unwrapped toy to participate in contests and as entry fee to the event. Vendors selling merchandise will donate their rental space fee to Delhaven. Staff is requesting the City Council approve the Facilities Use Agreement with Delhaven for use of the parking lot at 15415 Don Julian Road.

Fiscal Impact:

Given that the event is a fundraiser for a non-profit organization, the City will not charge for the

use of the parking lot.

Recommendation:

Staff recommends that the City Council approve the Facilities Use Agreement.

Exhibits:

1. Facilities Use Agreement with Delhaven Community Center

1 CITY OF INDUSTRY

FACILITIES USE AGREEMENT
THIS FACILITIES USE AGREEMENT (“Agreement”) is entered into on this 25th day of September 2025 (“Effective Date”), by and between the City of Industry, a California municipal corporation (the “City”) and Delhaven Community Center, a California non-profit organization, (the “User”). The City and User are collectively referred to as “Parties” and individually as “Party”.

RECITALS
WHEREAS, the City is the owner of certain real property located at 15415 Don Julian Road, City of Industry, California, (collectively the “Property”), as described in Exhibit A. This Agreement pertains to the non-exclusive use of a portion of the Property; and WHEREAS, User is a non-profit organization that is conducting a fundraiser serving the community, that desires to use a portion of the Property for its operations; and WHEREAS, the City desires to allow User to host a fundraiser at the Property; and WHEREAS, the Parties desire to enter into this Agreement to make a portion of the Property available to User, as set forth herein.

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, the Parties hereto agree as follows:

GENERAL PROVISIONS
SECTION 1.
(A) Term.

The term of this Agreement shall commence at 7:00 am on December 13, 2025, and shall terminate on 7:00 pm on December 13, 2025, unless sooner terminated by either Party, as provided in this Agreement.
(B) Property.

User may use the designated portion of the Property for the following:
• A car show fundraiser to support its non-profit mission. • Vendors with booths to sell food and merchandise
• Unwrapped toys will be collected from those attending the event. • Music will be played by a DJ
(C) Rent and Utilities.

2 Given that User is hosting a fundraising event to benefit a non-profit organization, City will donate the space at no cost to User.
(D) Intentionally Left Blank.
(E) Use Restrictions.

User shall only use the Property for the use as described in Section 1(B), above. (F) User Responsibilities.
(1) User shall be financially responsible for any damages that may occur at or to the Property related to User’s use.
(2) The User is responsible for the conduct of all participants, the supervision of minors and any damages that may occur at or to the Property related to User’s use.

(3) The User shall require each individual participating in the car show, to execute a release and waiver. The form of the release and waiver shall be in substantially the form attached hereto as Exhibit C, and incorporated herein by reference.
(4) Install and remove signs designating parking spaces on the Property.

(G) Non City-Owned Property.

The City reserves the right to remove any items remaining at the expiration of the term of this Agreement from the Property and have them stored at User’s expense. If such items, equipment or supplies are not claimed within one (1) week, the City reserves the right to dispose of such material in any manner it deems appropriate. User shall be responsible for any costs of storage and disposal incurred by the City for such equipment or supplies. The City is not responsible for any damage or theft of any items left by User, or any of User's officers, agents, employees, guests, or invitees. (H) Disclaimer of Condition of Property.

City makes no warranty or representation of any kind concerning the Property or the fitness of the Property for the use intended by User. User has inspected the Property and knows and accepts its condition, and waives any express or implied indemnity against the City. (I) Damage or Destruction of the Property.

In the event the Property is damaged by fire or other casualty, City may, at its sole and absolute discretion, elect to terminate this Agreement. If the City is unable or unwilling to repair any damage caused by fire or other casualty, User may terminate this Agreement. Should the Property be damaged by fire or other casualty, no liability shall occur against City for damage due to loss of business, loss of revenue or additional costs incurred by User.
(J) Assignment.

3 User shall not assign this Agreement without the prior written consent of the City. Any such assignment without prior written consent shall be void, and the City, at its option, may terminate this Agreement.
(K) Right of Entry.

City shall be entitled, at all times, to enter the Property for the purpose of inspecting the Property, or for the purpose of inspecting the performance by User of the terms and conditions of this Agreement, or for the purpose of posting and keeping posted thereon notices of nonresponsibility for any construction, alteration or repair thereof, as required or permitted by any law or ordinance. City shall also be permitted to use the Property when User is not operating.

SECTION 2. USE OF PREMISES
(A) General.
i. User shall use the Property as provided Section 1(B) above. ii. User shall not use the Property, or any portion thereof, for any purpose which may increase the existing rate of insurance upon the Property, or cause the cancellation of the insurance on the Property. User shall be responsible for any insurance increase or cancellation of insurance, as a result of its activities at the Property.
(B) Hours of Operation.

User shall maintain the following hours of operation: 7:00 am to 7:00 pm on December 13, 2025.
(C) Supplies and Expenses.
i. User shall be responsible for the costs associated with liability insurance for its use of the Property.
ii. User shall pay for all equipment (collectively, “Equipment”) used for its activities on the Property.
(D) Maintenance, Repair and Alterations.
i. City shall be responsible for any structural, routine maintenance, and long term capital repair at the Property, except to the extent such repair is made necessary as a result of the misconduct or negligent acts or omissions of User, its participants, staff, volunteers, and/or invitees. In the event of any repair, whether requested by User or otherwise, the City may make the determination whether to do the work or terminate this Agreement. Notwithstanding the foregoing, the City shall not be responsible for any structural or routine maintenance to the Equipment operated by the User, which shall be the sole and absolute responsibility of the User.

4 ii. City shall be responsible for maintaining all landscaping at the Property. iii. User shall maintain the Property in good and safe condition, and shall be responsible for repairing any damage arising from the negligence or misconduct of User, its participants, staff, volunteers, and/or invitees. In the event User discovers a hazard or maintenance issue at the Property, it shall immediately notify the City in writing or via email. iv. User shall not commit, or suffer to be committed, any waste upon the Property, or any public or private nuisance.
v. User shall not make any improvements to the Property during the Term of this Agreement.. vi. The User shall not cause or permit to be filed, recorded or enforced against the Property, or any part thereof, any mechanics’, material men’s, contractors’ or subcontractors’ liens arising from the uses permitted herein, or any claim or action affecting the title to the Property arising from the uses permitted herein, and the User shall pay or cause to be paid, or otherwise removed or bonded over, the full amount of all such liens or claim within fifteen (15) days of receiving written notice thereof. In addition to and not in limitation of the City’s other rights and remedies under this Agreement or under law, should the User fail within fifteen (15) business days of a written notice from the City to pay and discharge or bond over any lien arising out of the User’s use of the Property, then a material breach under this Agreement shall be deemed to have occurred which, at the City’s election, shall entitle the City to terminate this Agreement effective upon notice by the City to the User so stating.

If the User desires to contest in good faith the validity of any lien or any claim or demand that could result in a lien against the Property or any portion thereof for which the City could become liable if not successfully resolved, as a condition to such contest, the User shall notify the City of the User’s intent to contest the lien or claim and the grounds for such contest.

Notwithstanding anything to the contrary set forth herein, the User shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against the City or the Property.

SECTION 4. RELEASE, HOLD HARMLESS AND INDEMNIFICATION
(A) User shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, contractors, attorneys, consultants, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising out of or in connection with User's use of the Property, or its negligent failure to comply with any of its obligations contained in this Agreement (collectively “Claims”). Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve User from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any Claims whether or not such insurance policies shall have been determined to apply. (B) User releases the City, its officers, officials, attorneys, agents, and employees of any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorney’s fees, arising out of or in connection with User's use of the Property under this Agreement.

5 User acknowledges and expressly waives the benefit of California Civil Code Section 1542, which is set forth below, and specifically agrees that the release contained in this Agreement shall extend to all claims arising out of transactions which the Parties do not know or expect to exist in their favor at this time, and which rise out of or are connected to the Agreement. California Civil Code Section 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD

HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.
___________ ____________
City’s Initials User’s Initials
User acknowledges that the facts and law in relation to this matter and the claims released by the terms of this Agreement may turn out to be different from or in addition to the facts or law as now known to each Party or its counsel. User therefore expressly agrees that the release so given shall be and remain in effect as a full and complete release of the persons and entities released thereby notwithstanding any possibility of new or different facts or law. (C) By execution of this Agreement, User acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. (D) If, for any reason such as, but not limited to, earthquake, flood water damage, explosion or other calamity of circumstance, it shall become necessary to close the Property, no liability shall occur against City for damage due to loss of business, loss of revenue or additional costs incurred by User.

SECTION 5. INSURANCE
(A) During the term of this Agreement, User shall, at its sole costs and expense, carry, maintain, and keep in full force and effect insurance of the types and in the amounts as set forth in the attached Exhibit B, incorporated herein by this reference.
(B) City and its elected and appointed officers, employees, attorneys, agents, and volunteers shall be named as additional insureds with respect to each of the insurance policies required under this Agreement.
(C) At all times during the term of this Agreement, User shall maintain on file with the City’s City Clerk a certificate or certificates of insurance showing that the insurance policies required by this Section 5 are in effect in the required amounts and naming the City and its elected and appointed officers, employees, attorneys, agents, and volunteers as additional insureds. User shall, concurrently with the execution of this Agreement, file with City’s City Clerk such certificate(s).

6 (D) User shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Such proof will be furnished at least two weeks prior to the expiration of the coverages.

SECTION 6. INDEPENDENT CONTRACTOR
(A) User 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 User shall at all times be under User’ exclusive direction and control. Neither City nor any of its officers, employees, attorneys, or agents shall have control over the conduct of User or any of User officers, employees, or agents, except as set forth in this Agreement. User 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. User 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 User in connection with the performance of this Agreement. City shall not pay salaries, wages, or other compensation for operating User. City shall not be liable for compensation or indemnification to User for injury or sickness arising out of its operation or use of the Property under this Agreement.
(C) User shall indemnify, defend and hold harmless, the City, its officers, employees, attorneys, 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, User or by any individual or agency for which User is legally liable, including but not limited to officers, agents, employees or subconsultants of User, service as an independent contractor. The indemnity provisions set forth in this Section 6 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 7. 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:

If to City:

Joshua Nelson
City Manager
City of Industry
15625 Mayor Dave Way
City of Industry, CA 91744

7 With a copy to:

James M. Casso,
City Attorney
Casso & Sparks
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
If to USER:

Delhaven Community Center
Tim Seal
15135 Fairgrove Avenue
La Puente, CA 91744
SECTION 8. COMPLIANCE WITH LAWS
User represents and warrants to City that User, its officers, agents, employees and volunteers have all licenses, permits, qualifications, and approvals of whatever nature which are legally required for User, its officers, agents, employees and volunteers to provide the services, programs and activities contemplated by this Agreement, and that it shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state, county and city, relating to its actions under this Agreement whether such statutes, ordinances, regulations and requirements are now in force or hereinafter enacted.

SECTION 9. DEFAULT/TERMINATION
(A) In the event of any breach of this Agreement, City, in addition to any other rights and remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Property.
(B) In the event of any breach of this Agreement, either Party may terminate the Agreement immediately, by serving written notice upon the other. Upon receipt of said notice, User shall immediately vacate the Property and remove all of its possessions. (C) User may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof by serving the City with five days’ written notice. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof by serving the User with notice 24 hours prior to termination. Upon receipt of said notice, User shall have 24 hours to vacate the Property and remove all of its possessions, unless the notice provides otherwise. If either Party suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS
(A) User acknowledges that this Agreement may create a possessory interest subject to property taxation, and that User may be subject to payment of property taxes levied on such interest. Any such tax liability shall be the sole and exclusive responsibility of User.

8 (B) User agrees that its use of the Property and this Agreement, shall not entitle User to any relocation benefits pursuant to federal, state, or local law, and User hereby waives any such claim against the City for relocation benefits.
(C) The rights granted to User under this Agreement are non-exclusive use only, and in no respect shall the same constitute or be construed as an assignment of a leasehold or other interest in the Property set forth in this Agreement.
(D) 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. (E) 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 User use of the Property 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. The venue for any litigation shall be Los Angeles County, California or in the United States District Court for the Central District of California. (F) 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. (G) This Agreement shall be governed and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. (H) All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
(I) This instrument contains the entire Agreement between the City and User with respect to the transactions contemplated herein. No other prior oral or written agreement(s) are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and User.
(J) This Agreement may be executed simultaneously in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. “CITY” “USER”
City of Industry Delhaven Community Center
By_______________________ By:_______________________________ Joshua Nelson, City Manager Tim Seal, President
Attest:

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

By:

James M. Casso, City Attorney

10 Exhibit A
Description of Property
User may use the designated portion of the Property identified in the map below by yellow lines.

11 Exhibit B

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

General liability insurance. User 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. User 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 User arising out of or in connection with 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.

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

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

Proof of insurance. User 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 the City 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. User 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 this Agreement by User, its agents, representatives, employees or subconsultants.

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

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not

12 the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by User. 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 User or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. User 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). User acknowledges and agrees that any actual or alleged failure on the part of the City to inform User 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 User maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. User agrees to oblige its insurance agent or broker and insurers to provide to City with a five (5) day notice of cancellation 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 User 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. User agrees to ensure that its subconsultants, subcontractors, and any other party involved with the permitted use who is brought onto or involved in the permitted use by User, provide the same minimum insurance coverage and endorsements required of User. User agrees to

13 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. User 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 User five (5) days advance written notice of such change.

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

Additional insurance. User 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 this Agreement.

14 Exhibit C

WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE I, ______________________ (FULL NAME), fully understand that my participation in the Delhaven car show fundraising event exposes me to the risk of personal injury, death or property damage. I hereby acknowledge that I am voluntarily participating in the Delhaven fundraising event and agree to assume any such risks.

I hereby release, discharge and agree not to sue the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the Delhaven car show from whatever cause, including the active or passive negligence of the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers or any other participants in the Delhaven car show. The parties to this agreement understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision.

In consideration for being permitted to participate in the Delhaven car show, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the City of Industry, its elected and appointed officers, officials, agents, contractors, consultants, employees and volunteers from any and all claims, demands actions or suits arising out of or in connection with my participation in the Delhaven fundraising event.

I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL. _____________
Date
_________________________________________
Signature
_________________________________________
Printed Name

ITEM NO. 6.3

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Upendra Joshi, Senior Project Manager
DATE: September 25, 2025
SUBJECT: Consideration of a Professional Services Agreement with Biggs Cardosa Associates, Inc., to provide Bridge Engineering Services in an amount not to exceed $1,043,872.00, through September 25, 2028
Background:

In 2021, the City submitted an application for Highway Bridge Program (“HBP”) funding to rehabilitate, seismic retrofit, and widen the Anaheim-Puente Road bridge. In the same year, a Project Strategy Feasibility Report was prepared by Biggs Cardosa Associates, Inc. (“BCA”) to justify the replacement of the bridge over rehabilitation. Replacing the bridge structure will correct all current deficiencies and improve the condition of the bridge. As part of the recommendation, the bridge will need to be widened to improve the roadway approach and the intersection of Anaheim-Puente Road and Arenth Avenue to better accommodate large truck turning.

Discussion:

BCA produced a Project Strategy Feasibility Report for the City. Since BCA is already familiar with the project, Staff requested that BCA submit a proposal for the design of the AnaheimPuente Road Bridge widening. The scope includes preliminary and final engineering design, environmental documents and technical studies, and bid support. Staff recommends approving the Professional Services Agreement with BCA for these design services in an amount not to exceed $1,043,872.00, through September 25, 2028.

Fiscal Impact:

The fiscal impact is $1,043,872.00 over three years. In the adopted Fiscal Year 2025-2026

Capital Improvement Project budget, $200,000.00 is approved for this work (Account No. 120.705.5130, MP 10-08 #9). This budget is sufficient for the initial scope of work.

Recommendation:

It is hereby recommended that the City Council approve the Professional Services Agreement with Biggs Cardosa Associates, Inc.,
Exhibits:

1. Professional Services Agreement with Biggs Cardosa Associates, Inc. dated September 25, 2025

CITY OF INDUSTRY

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”), is made and effective as of September 25, 2025 (“Effective Date”), between the City of Industry, a municipal corporation (“City”) and Biggs Cardosa Associates, Inc., a California Corporation (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.

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

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

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 25, 2028, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Consultant shall perform the tasks (“Services”) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. (“Scope of Services”). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a first-class manner in conformance with the standards of quality normally observed by an entity providing bridge engineering 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 One Million Forty Three Thousand Eight Hundred Seventy-Two dollars ($1,043,872.00) 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 other than for professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) Duty to defend.

In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant’s cost or at City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters.

Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to 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 10 (c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.

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: Biggs Cardosa Associates, Inc.
500 S. Main Street, Suite 1200
Orange, CA 92868
Attention: Ron Oen, Principal

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

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

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

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

16. GOVERNING 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 Biggs Cardosa Associates, Inc.

By: ________________________________ By: __________________________ Joshua Nelson, City Manager Ron Oen, Principal

Attest:

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

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

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services for the Anaheim-Puente Road bridge project:

PHASE 1: PRELIMINARY ENGINEERING DESIGN, ENVIRONMENTAL DOCUMENTS

AND TECHNICAL STUDIES
Task 1.1: Project Management
a) Project Administration/Budgeting/Cost Accounting
b) Coordination Meetings
c) Project Schedule
d) Local Program Compliance/Funding Assistance
Task 1.2: Planning and Project Development
a) Purpose and Need
b) Research and Data Gathering
c) Base Mapping
Task 1.3: Preliminary Design Engineering/Concept Plans
a) Roadway Approval Drawings
b) Water Quality, Hydrology, and Channel Hydraulics
c) Traffic Memorandum
d) 35 percent Bridge Type Selection/Seismic Retrofit Strategy and Project Memorandum
Task 1.4: CEQA/NEPA Environmental Approval (Environmental Documents and Technical Studies
a) Project Initiation and Agency Coordination/Preliminary Environmental Study (PES)
b) Natural Environmental Study (Minimal Impacts)
c) Jurisdictional Delineation Report
d) Historic Property Survey Report
e) Water Quality Assessment Memorandum
f) Traffic Technical Memorandum
g) CEQA Initial Study/Mitigated Negative Declaration
h) NEPA Categorical Exclusion
PHASE 2: ENGINEERING DESIGN (PLANS, SPECIFICATION AND ESTIMATE, [PS&E]) AND BID SUPPORT
Task 2.1: Project Management

Task 2.2: Engineering Design Reports and Studies
a) Final Hydraulic Design and Report
b) Preliminary Stormwater Management Plan
c) Final Stormwater Management Report
d) Preliminary Stormwater Pollution Prevention Plan (Draft SWPPP) Task 2.3: Plans, Specifications, and Estimate
a) Unchecked Design Submittal (65% PS&E)
b) Checked Design Submittal (95% PS&E)
c) Final Design Submittal (100% PS&E)
d) Final Storm Water Pollution Prevention Plan (SWPPP)
e) Encroaching Permitting
Task 2.4: Environmental Permitting
a) Regulatory Agency Coordination and Prepare Permit Applications Task 2.5: Construction Bidding Support

EXHIBIT B

RATE SCHEDULE
This project is funded in the approved FY 25-26 Capital Improvement Project budget under Account No. 120.705.5130. (MP 10-08 #9)
Applicable Rate Period (Aug 1 – Sep 30) Staffing Categories 2025 2026 2027 2028 Principal $321 - $403 $337 - $423 $354 - $444 $372 - $466 Associate $296 $311 $326 $343
Engineering Manager $260 $273 $286 $300
Senior Engineer $232 $244 $256 $269
Project Engineer $213 $224 $235 $247
Staff Engineer $196 $205 $216 $226
Assistant Engineer $178 $187 $196 $206
Junior Engineer $165 $173 $182 $191
Senior Computer Drafter $186 $195 $205 $215
Computer Drafter $165 $173 $182 $191
Junior Computer Drafter $149 $157 $165 $173
BIM/Visualization Specialist $186 $195 $205 $215
Project Administrator $209 $219 $230 $242
Project Coordinator $172 $181 $190 $200
Secretarial Services $135 $142 $149 $156
Construction Manager $310 $326 $342 $359
Senior Structural Rep. $270 $283 $297 $312
Structural Representative $242 $254 $267 $280
Assist. Structures Rep. $193 $203 $213 $224
Senior Bridge Inspector $242 $254 $267 $280
Subconsultants At-Cost
Deliveries & Postage At-Cost
Travel (Lodging, Meals & Incidentals) GSA Rate

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. 6.4

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Bing Hyun, Asst. City Manager
Kathy Tai, Dev. Services Manager
DATE: September 25, 2025
SUBJECT: Consideration of Amendment No. 3 to the Agreement with Tyler Technologies, Inc. for software to host the City’s Enterprise Resources Planning System, extending the term to December 31, 2029, increasing the compensation by $15,593.47, and revising the scope of services Background:

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

On or about May 5, 2021, Amendment No. 1 was approved to update the scope of services by removing 14 modules that were no longer necessary. Amendment No. 2 was approved on July 13, 2023 to update the scope of services to include Requisition and Content Manager modules, increase compensation, extend the term through December 31, 2027, update the addresses for the City and City Attorney, and update the indemnity provisions.

Discussion:

Since approval of Amendment No. 2, Staff determined the Requisition and Content Manager modules are not needed. While the City has not paid for the unused modules, Tyler continues to generate invoices based on the Contract’s scope of services. Tyler requested a revision of the Contract’s scope of services to reflect the actual services provided, in order to generate accurate invoices moving forward. Amendment No. 3 updates the scope of services by removing unnecessary modules and their costs, extends the term another two years through December 31, 2029, and increases the contract’s not-to-exceed amount by $15,593.47.

Fiscal Impact:

The costs for the financial system are included in the adopted budget within General FundsInformation Technology-Computer Services (Account No. 100-525-5695.01). If approved, Amendment No. 3 increases the total compensation by $15,593.47. No appropriation is needed at this time.

Recommendation:

Staff recommends that the City Council approve Amendment No. 3 to the Agreement.

Exhibits:

1. Amendment No. 3

1 AMENDMENT NO. 3

TO SOFTWARE AS A SERVICE AGREEMENT
This Amendment No. 3 to the Software as a Service Agreement (“Agreement”), is made and entered into as of the 25
th day of September, 2025 (“Amendment Effective
Date”), by and between the City of Industry, a California municipal corporation (“City”), and Tyler Technologies, Inc. (“Tyler”), a Delaware corporation. The City and Tyler are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, the Agreement was entered into between the City and Tyler to host the City’s Enterprise Resources Planning System, known as New World with an Effective Date of December 14, 2017; and
WHEREAS, on or about May 6, 2021, Amendment No. 1 was approved to remove 14 modules from the Scope of Services: HR/Payroll Base Suite, Employee Event Tracking, eEmployee, eTimesheets, eBenefits Admin, Parcel Management, Permits, Licensing, Code Enforcement, Municipal Inspections, myCommunity Server, myInspections, ePermits, and eLicense; and
WHEREAS, on or about July 13, 2023, Amendment No. 2 was approved to extend the term through December 31, 2027, increase compensation by $285,955.43, revised the Scope of Services to include Tyler’s requisition module and Tyler Content Manager, revise the written notice period, update the addresses for the City and City Attorney, and revise the indemnity provisions; and
WHEREAS, the Parties desire to amend the Agreement to extend the term through December 31, 2029, increase compensation by $15,593.47, and revise the Scope of Services to remove the Tyler Content Manager module; and WHEREAS, for the reasons set forth herein, the City and Consultant desire to enter into this Amendment No. 3, 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 initial term of this Agreement shall commence on January 1, 2018 and end December 31, 2022 (the “Initial Term”). The first renewal term, as set forth in Amendment

2 No. 2, shall begin January 1, 2023 and end December 31, 2023 (the “First Renewal Term”), as the original term set forth in Amendment No. 2 is hereby further amended by this Amendment No. 3. Upon execution of Amendment No. 3, the term shall be renewed for a period commencing January 1, 2024 and ending December 31, 2029 (the “Second Renewal Term”), unless sooner terminated pursuant to the provisions of this Agreement.

Section 4. PAYMENT
Section 4 is hereby amended to add subsection “d” as follows:
(d) The City agrees to pay Tyler annual fees for the Second Renewal Term, in accordance with the payment rates and terms and the schedule of payment as set forth in Schedule 1 of Exhibit A of this Agreement, incorporated herein by this reference as though set forth in full. This amount shall not exceed Four Hundred Sixty-Two Thousand Seven Hundred Sixty-Nine Dollars and Thirty-Six Cents ($462,769.36) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

The Term of this Agreement shall consist of the Initial Term, the First Renewal Term, and the Second Renewal Term. No additional payments are authorized unless approved by City or as provided in this Agreement.

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

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. 3 to the Agreement as of the Amendment Effective Date.

3 “CITY” “TYLER”
City of Industry Tyler Technologies, Inc.

By: ________________________________ By: _____________________________ Joshua Nelson, City Manager Katie Gray, Sr. Corporate Attorney

Attest:

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

By: ________________________________
James M. Casso, City Attorney

4 ATTACHMENT 1
SCHEDULE 1
Investment Summary
Description CY2024 CY2025 CY2026 CY2027 CY2028 CY2029
Financial Applications
Financial Management Base
Suite .NET 11,574.59 12,153.32 12,760.99 13,399.04 14,068.99 14,772.44 Asset Management .NET 2,315.76 2,431.55 2,553.13 2,680.79 2,814.83 2,955.57 Bank Reconciliation .NET 1,389.87 1,459.37 1,532.34 1,608.95 1,689.40 1,773.87 Contract Accounting, NET 2,315.76 2,431.55 2,553.13 2,680.79 2,814.83 2,955.57 Finance Analytics .NET 2,315.76 2,431.55 2,553.13 2,680.79 2,814.83 2,955.57 Government (GASB) Reporting
.NET 4,167.53 4,375.91 4,594.71 4,824.44 5,065.66 5,318.95 Misc. Billing & Receivables .NET 2,315.76 2,431.55 2,553.13 2,680.79 2,814.83 2,955.57 Project Accounting .NET 2,315.76 2,431.55 2,553.13 2,680.79 2,814.83 2,955.57 Purchasing Base .NET 4,167.53 4,375.91 4,594.71 4,824.44 5,065.66 5,318.95 Requisitions 2,969.40 0.00 0.00 0.00 0.00
Unlimited User Licensing 1,889.56 1,984.04 2,083.24 2,187.40 2,296.77 2,411.61 Total
37,737.28

36,506.30

38,331.64

40,248.22

42,260.63

44,373.67
Calendar Year (“CY”) begins on January 1 and end December 31 of every year. Tyler agrees to limit increases to the annual SaaS Fees to not more than five percent (5%) per CY for the First Renewal Term following the Initial Term. Tyler will provide City a written notice of the increase no less than 60 days prior to the commencement of each CY.

Training: Training will be authorized with prior written approval from the City Manager. Training cost will not exceed $5,000.00 per calendar year starting from CY2025 through CY2029.

ITEM NO. 6.5

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
DATE: September 25, 2025
SUBJECT: Consideration of an Extension to Agreement with County Sanitation District No. 2 of Los Angeles County for the purchase of Reclaimed Water Background:

On September 27, 2000 the City of Industry (“City”) and the County Sanitation District of Los Angeles County (“District”) entered into an agreement whereby the District provides the City with reclaimed water. The City is able to use the reclaimed water for one or more suitable uses including landscape irrigation. The agreement also allowed the City to construct all facilities required to deliver and distribute the reclaimed water purchased by City, including a pump station, wet well, pipelines, storage reservoirs, meters, controls, and other facilities. The City also maintains those facilities at no cost to the District. The quantity of water that the District is to make available to the City annually is not to exceed ten thousand (10,000) acre-feet to be apportioned reasonably throughout the year, with a maximum daily withdrawal rate of twenty (20) million gallons.

Discussion:

The term of the agreement was 25 years and expires on September 27, 2025. City Staff is currently working with the District to renew the agreement. The District is working on updating the language and making some adjustments to the amount of water the City is able to purchase annually. Since staff is still negotiating with the District and the contract expires shortly, both the City and District have agreed to extend the existing agreement until December 31, 2025 so the District can still supply reclaimed water to the City.

Fiscal Impact:

There is no fiscal impact to the City with this extension.

Recommendation:

Staff recommends the Council authorize the City Manager to execute the extension letter, extending the term to December 31, 2025.

Exhibits:

1. A. Agreement between County Sanitation District and City of Industry, dated September 27, 2000

2. B. Letter of Extension

EXHIBIT A

DOC # 7585487
September 25, 2025
Joshua Nelson, City Manager
City of Industry
15625 Mayor Dave Way
Industry, CA 91744
Dear Mr. Nelson:

Extension of Agreement for Purchase and Sale of Recycled Water Between County Sanitation District No. 2 of Los Angeles County and City of Industry County Sanitation District No. 2 of Los Angeles County (“District”) and the City of Industry (“City”) (each a “Party” and together, the “Parties”) entered into an Agreement for the purchase and sale of recycled water on September 27, 2000 (“Agreement”). Pursuant to the terms of the Agreement, the District supplies recycled water from the San Jose Creek Water Reclamation Plant to the City. Per Section 10.1 of the Agreement, the Agreement is currently set to expire on September 27, 2025. However, Section 10.1 also expressly provides that “any portion of this Agreement may be revised by written amendment by mutual agreement of the parties hereto.”
The Parties are currently in the process of negotiating a new contract between them to replace the Agreement for the purchase and sale of recycled water from the San Jose Creek Water Reclamation Plant, but require more time to finalize and duly execute the new contract.

The purpose of this letter is to confirm the mutual agreement of the District and the City to extend the Agreement until December 31, 2025 in accordance with the procedures set forth in Section 10.1 therein. The extended term of the Agreement will expire on December 31, 2025, unless the District and the City agree to replace the Agreement with a newly executed contract or agree to further extensions of the Agreement. All other terms and conditions of the Agreement shall remain in full force and effect.

By signing below each of the District and City accept and agree to the extension of the Agreement.

Once signed, please return a copy to the District for its records.

Robert C. Ferrante Joshua Nelson
Chief Engineer and General Manager City Manager
County Sanitation District No. 2 City of Industry
of Los Angeles County

ITEM NO. 6.6

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Mathew Hudson, Director of Public Works
Dev Birla, Contract Electric Utility Director
Teddy Ohana, Director of Survey
DATE: September 25, 2025
SUBJECT: Consideration of Granting an Easement to Southern California Edison at the El Encanto Healthcare and Habilitation Center (MP 07-24 #1) Background:

Southern California Edison (“SCE”) has an existing underground distribution system from Newquist Place going through the El Encanto Healthcare and Habilitation site (“El Encanto”) which provides electric service to a pad mounted transformer for the facility. There are large tree canopies over this underground distribution system, and over time, the roots from these trees have undermined the SCE vault and caused an electrical fault and minor explosion in the vault.

SCE fixed the problem temporarily to restore power back, pending permanent solution at a later date. The local SCE service planning group worked with El Encanto management to find a permanent solution and a design to relocate the underground distribution system vault and related conduit system away from that existing vault area. The construction involved providing a generator during construction to maintain electric service, and the work was completed in March 2025.

Discussion:

SCE requires an easement for the relocated underground distribution system. The legal description and map of the relocated underground distribution system shows the new location of the SCE vault, the related conduit system, including the cables. SCE submitted the map of the easement to the City for review and approval. Staff have reviewed the easement documents and found them to be in order, and recommend the City Council approve and grant the easement to SCE at El Encanto.

Fiscal Impact:

There is no fiscal impact of granting this easement to SCE at El Encanto.

Recommendation:

It is recommended that the City Council approve and grant the easement to Southern California Edison at El Encanto.

Exhibits:

1. Grant of Easement

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.

GRANT OF

EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)

DISTRICT
Covina

SERVICE ORDER
TD2211702
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM 120-4297-5
APN 8208-027-901
APPROVED:

REAL

PROPERTIES
BY
SLS/PM
DATE
06/12/2025
THE CITY OF INDUSTRY (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Los Angeles, State of California, described as follows:

FOR LEGAL DESCRIPTION AND SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBITS “A” AND “B” BOTH ATTACHED HERETO AND MADE A PART HEREOF.

Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.

Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.

2 802416923
TD2211702
EXECUTED this _____ day of _______________________, 20____.

GRANTOR

THE CITY OF INDUSTRY
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)

3 802416923
TD2211702
EXECUTED this _____ day of _______________________, 20____.

GRANTEE

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )

County of )

On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)

ITEM NO. 6.7

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Yvette Padilla, Management Analyst II
Bing Hyun, Asst. City Manager
DATE: September 25, 2025
SUBJECT: Consideration of Amendment No. 2 to the Professional Services Agreement with CU Technology, LLC dba Acorn Technology Services for Information Technology Support Services, extending the term through October 31, 2026, increasing compensation by $300,869.12 and updating the rate schedule
Background:

On October 28, 2021, the City Council approved a Professional Services Agreement (“Agreement”) with Mighty Oak Technology, dba Acorn Technology Services for technology support services through October 31, 2024, for a not-to exceed amount of $659,200.00.

Amendment No. 1 was approved on September 26, 2024, which extended the Agreement through October 31, 2025, and increased compensation by $301,840.00.

Discussion:

CU Technology, LLC recently acquired Acorn Technology Services (“Acorn”) from Mighty Oak Technology. For the past four years, Acorn has provided IT services to City Hall and Homestead, including leading the transition of the City’s IT subscription services, which generated significant cost savings. Amendment No. 2 extends the agreement for one additional year, through October 31, 2026, and increases compensation by $300,869.12. The amendment also updates the consultant’s legal name from Mighty Oak Technology to CU Technology, LLC.

Fiscal Impact:

Table 1 – Summary of Consultant Costs
Professional Services Agreement $659,200.00
Amendment No. 1 $301,840.00

Proposed Amendment No. 2 $300,869.12
Total Contract Amount $1,261,909.12
In the Fiscal Year 2025/2026 budget, $500,000.00 was approved for Professional and Technical Services. No appropriations are required at this time (Account No. 100-525-5120.01).

Recommendation:

Staff recommends that the City Council approve Amendment No. 2 to the Agreement.

Exhibits:

1. COI Acorn Technology Services Amendment No 2

1 AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT WITH

ACORN TECHNOLOGY SERVICES
This Amendment No. 2 to the Professional Services Agreement (“Agreement”), is made and entered into this 25th day of September (“Effective Date”), by and between the City of Industry, a California municipal corporation (“City”) and CU Technology LLC, dba Acorn Technology Services, a California Limited Liability Company (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, on or about October 28, 2021, the Agreement was entered into and executed between the City and Mighty Oak Technology, dba Acorn Technology Services, for information technology services for the City; and WHEREAS, on or about September 26, 2024, Amendment No. 1 was entered into extending the term through October 31, 2025, amending the scope of services, updating the rate schedule, and increasing compensation by $301,840.00; and WHEREAS, the Parties desire to amend the Agreement to extend the term to October 31, 2026, update the rate schedule, provide a companion increase in compensation of $300,869.12, and amend the legal name of Consultant to CU Technology LLC, dba Acorn Technology Services; 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:

Effective September 25, 2025, all instances of Mighty Oak Technology, dba Acorn Technology Services, shall mean CU Technology LLC, dba Acorn Technology Services.

Section 1. TERM
Section 1 is hereby revised 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 October 31, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

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

This amount shall not exceed One Million Two Hundred Sixty-One Thousand Nine Hundred Nine Dollars and Twelve Cents ($1,261,909.12) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement.

Section 14. NOTICES
CU Technology, LLC
1960 Chicago Avenue, Suite E9
Riverside, CA 92507

EXHIBIT B RATE SCHEDULE
The Rate Schedule is hereby rescinded in its entirety and replaced with the rates set forth in Attachment No. 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 hereto have caused this Amendment No. 2 to be executed as of the Effective Date.
“CITY” “CONSULTANT”
City of Industry CU Technology, LLC
By: ________________________________ By: _____________________________ Joshua Nelson, City Manager Craig Wolynez, COO
Attest:

By: ____________________________________
Julie Gutierrez-Robles, City Clerk

APPROVED AS TO FORM
By: ____________________________________
James M. Casso, City Attorney

3 ATTACHMENT NO. 2

EXHIBIT B

RATE SCHEDULE
Service Quantity Price Amount
Workstation Support 73 $80.00 $5,840.00
Server Support 18 $250.00 $4,500.00
SAN Support 1 $250.00 $250.00
Firewall Support 8 $125.00 $1,000.00
Switch Support 21 $75.00 $1,575.00
WAP Support 13 $35.00 $455.00
Additional Locations 4 $200.00 $800.00
Microsoft 365 Support 1 $300.00 $300.00
Full-Time Onsite Engineer 1 $8,700.00 $8,700.00
Sub Total $23,420.00
Discount ($740.00)
Total $22,680.00
CPI Increase $725.76
Monthly Total $23,405.76
Annual Cost for Special Projects $20,000.00

ITEM NO. 6.8
Backup Material will be distributed prior to Meeting

ITEM NO. 7.1

MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Joshua Nelson, City Manager
STAFF: Sam Pedroza, Asst. City Manager
DATE: September 25, 2025
SUBJECT: Consideration of Resolution No. CC 2025-39 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA, MAKING A

NOMINATION TO REPRESENT CITIES WITH PRESCRIPTIVE

PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN

WATER QUALITY AUTHORITY
Background:

The San Gabriel Basin Water Quality Authority (“WQA”) was established by the State Legislature (SB1679) on February 11, 1993, to develop, finance and implement groundwater treatment programs in the San Gabriel Basin. The Board of the WQA is comprised of seven members: three appointed from each of the overlaying municipal water districts, one from a city with prescriptive water pumping rights, one from a city without prescriptive water pumping rights, and two members representing water producers in the San Gabriel Basin. The City of Industry is a city with prescriptive water pumping rights.

Discussion:

Under the WQA’s enabling legislation, the term of the board member and alternate representing cities with pumping rights expires on January 1, 2026. An election to fill these seats is scheduled for December 17, 2025. Nominations of candidates for the office of Member and Alternate Member of the Board of Directors of the WQA representing cities with pumping rights may be made by resolution and must be received by October 18, 2025. A candidate must be a city council member from a city with pumping rights, however a city is not limited to nominating its own council members and may vote in the election whether or not it nominated a candidate. The candidate receiving the most votes will be the WQA Board Member and the candidate receiving the second highest number of votes will be the WQA Alternate Board Member.

Fiscal Impact:

There is no fiscal impact.

Recommendation:

Staff recommends the City Council 1) make a nomination to represent cities with prescriptive pumping rights on the board of the San Gabriel Basin Water Quality Authority; and 2) adopt Resolution No. CC 2025-39.

Exhibits:

1. Resolution No. CC 2025-39

2. WQA Call for Nominations

RESOLUTION NO. CC 2025-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF INDUSTRY, CALIFORNIA, MAKING A NOMINATION

TO REPRESENT CITIES WITH PRESCRIPTIVE PUMPING

RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN

WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and
WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights, and two members representing water producers in the San Gabriel Basin; and
WHEREAS, the City of Industry is one of the cities in the San Gabriel Basin with prescriptive pumping rights; and
WHEREAS, under the WQA’s enabling legislation, the term of the board member and alternate representing cities with pumping rights expires on January 1, 2026, and an election to fill these seats is scheduled for December 17, 2025; and WHEREAS, the City of Industry may nominate a representative by resolution from September 18, 2025, through October 18, 2025.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF INDUSTRY, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

Section 1. The City Council finds that all of the facts set forth in the Recitals are true and correct, and are incorporated herein by reference.

Section 2. The City Council of the City of Industry nominates _________________________ as the representative for cities in the San Gabriel Basin with prescriptive pumping rights.

Section 3. 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 4. 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 September 25, 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