Agenda packet — Placentia City Council, November 5, 2024 (part 2 of 2)

POLICY NUMBER: ESGL2310002808-01

COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
As required by written contract signed by both parties
prior to loss
Location And Description Of Completed Operations
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and included in the "products -
completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to provide
for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

CG 20 37 04 13 © Insurance Services Office, Inc., 2012
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Policy Number: EsGL2310002808-01

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 4 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

POLICY NUMBER: ESGL2310002808-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization: As required by written contract signed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or "your
work" done under a contract with that person or
organization and included in the "products -completed
operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.

CG 24 04 05 09
© Insurance Services Office, Inc., 2008 Page 1 of 1
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 5 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Policy Number: ESGL2310002808-01

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

Cancellation

1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or de-
livering to us advance written notice of cancel-
lation.

2. We may cancel this policy by mailing or deliv-
ering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of cancel-
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef-
fective even if we have not made or offered a
refund.

6. If notice is mailed, proof of mailing will be suf-
ficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declara-
tions is authorized to make changes in the terms
of this policy with our consent. This policy's terms
can be amended or waived only by endorsement
issued by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and rec-
ords as they relate to this policy at any time during
the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
IL 00 17 11 98
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. Paragraphs 1. and 2. of this condition apply
not only to us, but also to any rating, advisory,
rate service or similar organization which
makes insurance inspections, surveys, reports
or recommendations.

4. Paragraph 2. of this condition does not apply
to any inspections, surveys, reports or recom-
mendations we may make relative to certifica-
tion, under state or municipal statutes, ordi-
nances or regulations, of boilers, pressure ves-
sels or elevators.

E. Premiums
The first Named Insured shown in the Declara-
tions:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

F. Transfer Of Your Rights And Duties Under
This Policy
Your rights and duties under this policy may not
be transferred without our written consent except
in the case of death of an individual named in-
sured.

If you die, your rights and duties will be trans-
ferred to your legal representative but only while
acting within the scope of duties as your legal rep-
resentative. Until your legal representative is ap-
pointed, anyone having proper temporary custody
of your property will have your rights and duties
but only with respect to that property.

Copyright, Insurance Services Office, Inc., 1998
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 6 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

Policy Number: 5087-1136-01

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - WHERE REQUIRED UNDER

CONTRACT OR AGREEMENT - SCHEDULE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
SECTION II — LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who Is An Insured is amended to include the following additional provision:

The person(s) or organization(s) shown in the Schedule below is an additional "insured", but solely to the extent that you become obligated to include such person(s) or organization(s) as an additional "insured" under this policy as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, and solely with respect to liability arising out of the use of a covered "auto". However, the insurance provided will not exceed the lesser of:
a. The coverage and/or limits of this policy; or
b. The coverage and/or limits required by said written contract or written agreement.

Schedule:

Person(s) or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
SA 00009 00 (10/17) Includes material copyrighted by ISO Properties, Inc., with its permission 82250039 129-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 7 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

Policy Number: 5087-1136-01

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY - SCHEDULE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
Notwithstanding any other provision of this policy to the contrary, the insurance afforded to the person(s) or organization(s) shown in the Schedule above will be primary to, and non-contributory with, any other insurance available to such person or organization in the event a written contract or written agreement you enter into requires you to furnish insurance to such person or organization of the type provided by this policy.

SA 00007 00 (10/17) Page 1 of 1
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 8 of 11 This certificate cancels and supersedes ALL previously issued certificates.

POLICY NUMBER: 5087-1136-01 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Pacific West Industries, Inc.

Endorsement Effective Date: 5/31/2024

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011
82250039 129-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 9 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

Policy Number: 5087-1136-01

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

Cancellation

1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or de-
livering to us advance written notice of cancel-
lation.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

6. If notice is mailed, proof of mailing will be suf-
ficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

C. Examination Of Your Books And Records
We may examine and audit your books and rec-
ords as they relate to this policy at any time during
the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
IL 00 17 11 98
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

E. Premiums
The first Named Insured shown in the Declara-
tions:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

Copyright, Insurance Services Office, Inc., 1998
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 10 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Blanket waiver of subrogation as required by written
contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: Policy No. SAMTWC1022800 Endorsement No.

Policy Effective Date:11/17/2023 Premium $
Insured: Pacific West Industries, Inc.

DBA:

Carrier Name / Code: Service American Indemnity Company (Method) WC 00 03 13
(Ed. 4-84)
© 1983 National Council on Compensation Insurance.

Countersigned by
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 11 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

Agenda Item No: 1.e

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 5, 2024
Submitted by: Alice Burnett
From: Administrative Services
Subject:

Resolution Adopting a Side Letter Agreement Amending the Memorandum of Understanding of the City of Placentia Police and Fire Management Association related to a Grievance Filed by PPFMA Against the City of Placentia.

Summary:

The City of Placentia and the Placentia Police and Fire Management Association (PPFMA) have reached a settlement agreement to resolve a grievance filed by PPFMA on behalf of three members promoted to higher ranks. The grievance concerned the application of Personnel Rule IV, which governs salary step placement upon promotion, and whether specialty pays should be included in the calculation. After multiple levels of review and denial of the grievance, the City and PPFMA have agreed on a settlement to avoid arbitration. The agreement addresses salary step placement, medical opt -out payments, and other compensation matters, while ensuring compliance with City policies and maintaining fiscal responsibility. Approval of the settlement is recommended to avoid further legal proceedings.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Adopt Resolution No. R-2024-68 a Resolution of the City Council of the City of Placentia, California approving a side letter settlement agreement amending the memorandum of understanding of the City of Placentia Police and Fire Management Association to address the process of determining the salary step upon promotion and to amend Article 12 (E) of the Memorandum of Understanding amending the Medical Opt Out provision; and

2. Authorize the City Administrator to execute the agreement, in a form approved by the City Attorney.

Strategic Plan Statement:

There is no specific strategic planning goal or objective associated with this agenda item.

Discussion:

The Placentia Police and Fire Management Association (PPFMA) filed a grievance against the City on August 24, 2023, regarding the salary step placement of three promoted members, Lieutenant Scott Millsap, Sergeant Matt Herren, and Sergeant Joe Gillis. The grievance asserted that the City misapplied Personnel Rule IV, which governs salary increases for employees promoted within the same promotional series. PPFMA stated that specialty pays 180

should have been included in the calculation of the members' salary step placement upon promotion.

After multiple levels of review and denial by both the Chief of Police and the City Administrator, PPFMA pursued arbitration as per Personnel Rule XIII. However, to avoid the costs and potential risks of arbitration, the City and PPFMA reached a mutually agreed settlement.

SUMMARY OF THE SETTLEMENT AGREEMENT:

1. The City agrees to forgive certain overpayments made to the affected members.

2. PPFMA and the affected members agree to withdraw the grievance filed on August 24, 2023.

3. PPFMA members promoted from a classification represented by the Placentia Police Officers' Association (POA) will retain higher medical opt -out amounts if they received more than $400 per month before their promotion.

4. The City agrees to modify the calculation of salary step placement upon promotion.

Future promotions will consider base salary plus specialty pays, ensuring at least a 5.4% increase in accordance with Personnel Rule IV.

5. Off-duty maintenance of a motorcycle pay and canine care pay will be excluded from the promotion calculation.

6. Affected employees must work a night shift for one year before night differential pay can be included in salary calculations.

7. Both parties agree to bear their own costs and attorney's fees.

This Settlement Agreement represents a fair and reasonable resolution to the grievance filed by PPFMA. It upholds the City's obligations under Personnel Rule IV while addressing the concerns raised by the association. Approval of this Agreement will mitigate further legal expenses and promote a positive working relationship with PPFMA.

Fiscal Impact Summary:

The forgiveness of the overpayment will result in a minimal financial impact on the City. The changes in medical opt -out payments are expected to have a manageable effect on future budgets. The settlement avoids the significant legal costs associated with arbitration.

Attachments
Settlement Agreement PPFMA Grievance 2024.pdf
PPFMA Placentia Side Letter Agreement.pdf
Resolution for Settlement Agreement PPFMA Grievance and Side Letter.docx 181

SETTLEMENT AGREEMENT OF GRIEVANCE FILED BY PLACENTIA POLICE

AND FIRE MANAGEMENT ASSOCIATION AGAINST THE CITY OF PLACENTIA This Settlement Agreement ("Agreement") is entered into between the Placentia Police and Fire Management Association ("PPFMA") and the City of Placentia ("City") related to a grievance filed by PPFMA against the City.

Recitals
1 City of Placentia Personnel Rule IV ("Personnel Rule IV") provides that, "[a]n employee promoted or reclassified from one job class to a higher job class in the same promotional series shall be placed at a salary step in the range of the higher job class which provides not less than 5.4% salary increase, and shall be given a new anniversary date for purposes of salary step placement."

2. The City and PPFMA are parties to a Memorandum of Understanding ("MOU") which has a term of June 9, 2024 to June 30, 2025.

3. PPFMA filed a written grievance addressed to Chief of Police Brad Butts, dated August 24, 2023 ("Grievance"), asserting that the City placed Lieutenant Scott Millsap, Sergeant Matt Herren, and Sergeant Joe Gillis ("affected members") at an incorrect salary step when they were promoted to their current rank, in violation of Personnel Rule IV.

4. PPFMA asserts that Personnel Rule IV requires the City to consider employees' base salary plus specialty pays when determining their salary step placement upon promotion.

5. PPFMA also requested in its Grievance that the City cease and desist from seeking an unrelated overpayment from the affected members.

6. On October 24, 2023, Chief of Police Brad Butts sent a response letter to PPFMA denying the Grievance and asserting that the affected members were placed at a salary step that resulted in a salary increase at or above 5.4%, as required by Personnel Rule IV.

7. On October 25, 2023, PPFMA appealed Chief of Police Brad Butts' decision denying the Grievance and requested a meeting with City Administrator Damien Arrula, pursuant to the Grievance Procedure in City of Placentia Personnel Rule XIII ("Personnel Rule XIII").
12605001.2 PL010-028

8. On January 4, 2024, City Administrator Damien Arrula met with PPFMA representatives to discuss the Grievance.

9. On January 24, 2024, City Administrator Damien Arrula sent a letter to PPFMA denying the Grievance. The City Administrator asserted that he denied the Grievance because it was untimely and because the affected members were placed on the correct salary step upon promotion, in compliance with Personnel Rule IV.

10. PPFMA timely appealed the City's decision and requested that the Grievance be heard by a neutral arbitrator, pursuant to Personnel Rule XIII.

11. The City and PPFMA have reached an agreement on terms for settling the Grievance to avoid the cost and risks associated with further arbitration.

12. By entering into this Agreement, neither the City nor PPFMA admits to any wrongdoing and specifically deny that any wrongdoing occurred.

THEREFORE, the City and PPFMA agree as follows:

1. The Recitals set forth above are incorporated into this Agreement in their entirety as if fully set forth herein.

The City forgives the overpayments paid to Lieutenant Scott Millsap, Sergeant Matt Herren, and Sergeant Joe Gillis as identified in the Grievance.

3. The PPFMA and affected members withdraw all their claims from the Grievance initially filed on August 24, 2023.

4. Payment for opting out of medical insurance, for those employees in classifications represented by PPFMA, shall be as follows:

PPFMA Employees who promote into the PPFMA from a City classification represented by the Placentia Police Officers' Association ("POA") after the date of this side letter, who received a medical opt -out payment from the City greater than $400 per month before promotion, will retain their higher opt -out amount upon promotion to the PPFMA.

Current PPFMA members (as of the date of this side letter) who previously received a higher medical opt -out payment before promotion from a POA represented classification, but now receive a $400 monthly opt -out payment, will receive the higher amount that they previously received on a prospective basis only. PPFMA members who opt -out of medical coverage for the first time after promotion from a POA represented classification and all lateral hires into a PPFMA represented classification after the date of this side letter will receive an opt -out amount of $400 per month. For example, if an employee 12605001.2 PL010-028

currently receiving medical coverage promotes into the PPFMA and then decides to opt - out of medical coverage, they will only receive the $400 monthly benefit provided in the PPFMA MOU.

5. Effective on the signed date of this Agreement, the City will use the following method for calculating PPFMA members' salary placement upon promotion in accordance with Personnel Rule IV:
a. The City will compare the sum of base salary plus all specialty pays that a member earns both before and after their promotion to the minimum 5.4% increase on promotion.
b. In instances where a 5.4% salary increase places a member in-between steps, the City will bump the member to the next higher step.
c. Pay for off-duty maintenance of a motorcycle and off-duty pay for the care and feeding of a canine will be excluded from these calculations as they represent overtime.
d. Members must work night shift for a one-year period prior to promotion in order for the City to include night -shift differential pay in the calculation.

6. The City and PPFMA agree to enter into the Side Letter of Agreement attached as "Exhibit A" to this Agreement. This Agreement and Exhibit A are effective upon City Council approval.

7. The City and PPFMA agree to pay their own costs and attorney's fees related in any way to the Grievance and this Agreement.

Placentia Police and Fire City of Placentia
Management Association
By:

Signature:

Email:

Tom McKenzie
PPFMA President
Dated: 10/31/24
12605001.2 PL010-028
raw/ Mc-Keit/zit-
, 1FPOT , By:
[email protected]
Signature: aalma nviiez
7,1,4 1? VnT1
Email: [email protected]
Rosanna Ramirez,
Acting City Administrator
Dated: 10/31/24

Settlement Agreement PPFMA Grievance
2024.11.05
Final Audit Report 2024-10-31
Created: 2024-10-29
By: Alice Burnett ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAG9VP92cHwTbiQz1_20kd8MzFHXFwzMbg "Settlement Agreement PPFMA Grievance 2024.11.05" History Document created by Alice Burnett ([email protected]) 2024-10-29 - 0:30:23 AM GMT
Document emailed to Rosanna Ramirez ([email protected]) for signature 2024-10-29 - 0:30:27 AM GMT
Document emailed to Tom McKenzie ([email protected]) for signature 2024-10-29 - 0:30:28 AM GMT
Email viewed by Rosanna Ramirez ([email protected]) 2024-10-31 - 6:55:26 PM GMT
Document e -signed by Rosanna Ramirez ([email protected]) Signature Date: 2024-10-31 - 7:08:56 PM GMT - Time Source: server Email viewed by Tom McKenzie ([email protected])
2024-10-31 - 9:15:24 PM GMT
Document e -signed by Tom McKenzie ([email protected]) Signature Date: 2024-10-31 - 9:16:05 PM GMT - Time Source: server Agreement completed.
2024-10-31 - 9:16:05 PM GMT
Adobe Acrobat Sign

EXHIBIT A
Side Letter of Agreement Between
The City of Placentia and the Placentia Police and Fire Management Association Effective: Upon City Council Approval
This Side Letter of Agreement ("Side Letter") is made by and between the City of Placentia ("City") and the Placentia Police and Fire Management Association ("PPFMA") (collectively "the Parties") and is entered into with respect to the following:

WHEREAS, the City and PPFMA have previously entered into a Memorandum of Understanding ("MOU") covering the period of June 9, 2024 through June 30, 2025; and WHEREAS, Article 12(E) of the MOU provides that: "Employees hired or promoted into PPFMA after January 1, 2020 who opt out, will receive an opt out amount of $400 per month." WHEREAS, the City's Personnel Rules, Rule IV, provides, in part: "An employee promoted or reclassified from one job class to a higher job class in the same promotional series shall be placed at a salary step in the range of the higher job class which provides not less than 5.4% salary increase, and shall be given a new anniversary date for purposes of salary step advancements."
WHEREAS, the Parties have met and conferred regarding the terms of this Side Letter; and WHEREAS, the Parties have determined to memorialize their agreement by this Side Letter.

NOW THEREFORE the Parties hereto agree as follows:

1. Employees who promote into the PPFMA from a City classification represented by the Placentia Police Officers' Association ("POA") after the date of this side letter, who received a medical opt -out payment from the City greater than $400 per month before promotion, will retain their higher opt -out amount upon promotion to the PPFMA.

2. The City will use the following method for calculating PPFMA members' salary placement upon promotion in accordance with Personnel Rule IV:
a. The City will compare the sum of base salary plus all specialty pays that a member earns both before and after their promotion to the minimum 5.4% increase on promotion.
b. In instances where a 5.4% salary increase places a member in-between steps, the City will bump the member to the next higher step.
c. Pay for off-duty maintenance of a motorcycle and off-duty pay for the care and feeding of a canine will be excluded from these calculations as they represent overtime.
d. Members must work night shift for a one-year period prior to promotion in order for the City to include night -shift differential pay in the calculation.

IN WITNESS THEREOF, the Parties have caused the duly authorized representatives to execute this Agreement this 28thday of October, 2024.
13y:

Signature: rarer Mcr(''e zie-
Tom 1Vkc enzi e [email protected]
PPFMA President
12609541.2 PL010-028
By:
signature: 4saimGi kap/freZ
Emil8sanna rramirrza f @ptace
u-ezntia.org
Acting City Administrator

PPFMA/Placentia Side Letter Agreement
2024.11.05
Final Audit Report 2024-10-31
Created: 2024-10-29
By: Alice Burnett ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAIzN1Ix2t6N-ZJGtxfOSg-BKwLgW6NGyi "PPFMA/Placentia Side Letter Agreement 2024.11.05" History Document created by Alice Burnett ([email protected]) 2024-10-29 - 0:27:14 AM GMT
Document emailed to Rosanna Ramirez ([email protected]) for signature 2024-10-29 - 0:27:19 AM GMT
Document emailed to Tom McKenzie ([email protected]) for signature 2024-10-29 - 0:27:19 AM GMT
Email viewed by Rosanna Ramirez ([email protected]) 2024-10-31 - 7:09:09 PM GMT
Document e -signed by Rosanna Ramirez ([email protected]) Signature Date: 2024-10-31 - 7:11:15 PM GMT - Time Source: server Email viewed by Tom McKenzie ([email protected])
2024-10-31 - 9:16:52 PM GMT
Document e -signed by Tom McKenzie ([email protected]) Signature Date: 2024-10-31 - 9:17:42 PM GMT - Time Source: server ® Agreement completed.
2024-10-31 - 9:17:42 PM GMT
• Adobe Acrobat Sign

RESOLUTION NO. R-2024-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA APPROVING A SIDE LETTER

AGREEMENT SETTLEMENT AGREEMENT BETWEEN THE CITY

OF PLACENTIA AND THE PLACENTIA POLICE AND FIRE

MANAGEMENT ASSOCIATION
A. Recitals

1. The City and PPFMA have reached an agreement on terms for settling a Grievance filed against the City of Placentia ("City") by the Placentia Police and Fire Management Association ("PPFMA").

2. As part of this settlement, the City and PPFMA have agreed to a side letter agreement amending the Memorandum of Understanding ("MOU"), PPFMA No. 23-24 effective June 9, 2024 through June 30, 2025.

THEREFORE, the City and PPFMA agree and City Council approves as follows:

1. The City and PPFMA agree to enter into the Side Letter of Agreement attached as "Exhibit A" to this Resolution. The Settlement Agreement and Exhibit A are effective upon City Council approval.

APPROVED and ADOPTED this day of 2024.

Jeremy Yamaguchi Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
190

I, Robert S. McKinnell, City Clerk of the City Of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the day of 2024 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk
191

Agenda Item No: 1.f

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 5, 2024
Submitted by: Samantha Byfield
From: Public Works
Subject:

Purchase of Two Ford F-150 Trucks for the Public Works Department Financial Impact:

Fiscal Impact:

Expense: $79,464.88 Total Purchase Price
Budgeted: $90,000.00 FY 2024-25 CIP Budget (MEASURE U 798505-6842) Summary:

Annually, the Public Works Department evaluates the City's Fleet and recommends the replacement of existing vehicles and equipment based on the useful service lives and needs of City operations. As part of the approved Fiscal Year (FY) 2024-25 Capital Improvement Program (CIP) Budget, the City Council budgeted funds in the current fiscal year to replace two Ford Ranger trucks for Public Works.

During the FY 2024-25 Budget development process, Staff identified the need to replace several Ford Ranger pickup trucks. The two trucks were purchased in 2002 and have exceeded their useful service life. Staff identified two Ford F-150 trucks as suitable replacements. Staff recommends purchasing the trucks from Fairway Ford for $39,732.44 each, for a total purchase price of $79,464.88. A total of $90,000 has been budgeted in the FY 2024-25 CIP Budget for this purpose. The recommended action will approve the purchase of the proposed vehicles using the available budgeted funds.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Approve the purchase of two 2024 Ford F-150 pickup trucks from Fairway Ford in the amount of $79,464.88; and

2. Authorize the City Administrator to approve invoice changes up to 10% of the quoted amount; and

3. Authorize the City Administrator and/or his designee to issue a purchase order to Fairway Ford for the trucks and execute all necessary documents, in a form approved by the City Attorney.

Strategic Plan Statement:

There is no specific strategic planning goal or objective associated with this agenda item. 192

Discussion:

The City Council budgeted funds in FY 2024-25 to replace two Ford Ranger pickup trucks for Public Works. The 2024 Ford Ranger pickup comes with a Super Crew cab with four, full-size doors. The Super Crew cab results in a reduced bed size which makes the current Ranger model unsuitable as a replacement. Staff determined the Ford F-150 to be an appropriate replacement.

In determining the most appropriate replacement vehicles, Staff considered electric vehicles (EVs) as possible replacements. The City fleet includes a number of vehicles subject to the California Air Resources Board Advanced Clean Fleet regulation which requires vehicles with a gross vehicle weight rating greater than 8,500 pounds to be replaced with zero or near zero emission vehicles. Fifty percent of the vehicles the City replaces this year that are subject to this regulation must be replaced with EVs. The two Ford Ranger trucks in need of replacement are not subject to this regulation and the City would not receive credit for replacing these trucks with EVs under the regulation. Budget was also a consideration into whether to replace the existing trucks with EVs, and the current approved budget is not sufficient to replace the two pickups with EVs. Additionally, there is currently insufficient infrastructure to support additional EVs at the Public Works Corporation Yard.

Staff received a quote from Fairway Ford for two Ford F-150 trucks for $39,732.44 each, or a total amount of $79,464.88. If the trucks were to be replaced with EVs of a similar model, the cost per vehicle is roughly $75,000. The approved budget amount would only allow for the replacement of one vehicle rather than two if EVs were purchased. Staff recommends the purchase of the selected maintenance trucks from Fairway Ford as they currently have two trucks on order which they are willing to reserve for the City. Procurement of work trucks continues to be challenging as there is a lack of vehicle inventory at dealerships. Approval of the recommended action would authorize the purchase of two Ford F-150 trucks for the Public Works Department.

Fiscal Impact Summary:

A total of $90,000 in Measure U funds was budgeted in the FY 2024-25 CIP Budget for the purchase of these vehicles. The quote from Fairway Ford to purchase two 2024 Ford F-150 trucks is for a total of $79,464.88. Upon taking delivery of these vehicles, they will be added to the City's fleet management list. The remaining budgeted funds will be utilized to outfit the vehicles with the necessary tools and equipment upon receipt. As such, sufficient funds exist for the recommended actions.

Attachments
Attachment 1 - Quote from Fairway Ford
193

\VLAYA117__
1350 Yorba Linda Boulevard - Placentia • California • 92870 Tel: 7141579-3800 • Fax: 714/ 996-5610
QUOTE
DATE 3" Lk 04, 2024

CITY OF PLACENTIA
YEAR 2024

MAKE FORD
MODEL FI50 SHORT BED JUST LIKE THE 2 FROM 23
VIN#

WILL NOT HAVE BRAKE CONTROLER OR
LED SPOTLIGHT. IS A 5.0 MOTOR. FOR BED

SIZE REQUESTED
N/A
PRICE $36,527.53
TIRE FEE $8.75
SALES TAX $3,196.16
DMV FEES AND DOC FEE 5 NIA
TOTAL AMOUNT DUE S39,732.44
X
If you should have any questions regarding this QUOTE please contact TRINA MAURER-Fleet :Manager 194

Preview Order 7678 - FIX - 4K2 XL Regular Cab: Order Summary Time of Preview: 07/04/2024 07:45:04 Receipt: 7/4/2924 Dealership Name: Fairway Ford Sales Cade: F71009
;Dealer Rep. TrIna Maurer .... - . .. --_._I iType
JL
;customer Name PLACENTIA

DESCRIPTION
F150 4X2 REGULAR CAB XL -122
122.5 INCH WKEELBASE

TOTAL BASE VEHICLE

OXFORD WHITE
VINYL 40/20/40 FRONT SEAT

MEDIUM DARK SLATE
EQUIPMENT GROUP 103A
.XL SERIES
Jr SILVER PAINTED ALUMINUM
.CHROME FRONT/REAR BUMPERS
,FOG LAMPS
.PRIVACY GLASS W/REAR DEFROSTER
5 -OL V8 ENGINE

ELEC TEN -SPEED AUTO TRANS
.241/70R 17 BSW ALL -SEASON

3.73 ELECTRONIC LOCK RR AXLE

TOTAL BASE AND OPTIONS

DISCOUNTS
TOTAL
ORDERING FSN: QC015 END USER FIN: Q0D15

INCENTIVES
Acc. Code SD :10 Contraet/Ref # :17-462R Bid Date :09/18/23$tate : CA Customer Name:

Customer Address:

Priority Code. H3
Fleet
1I Vehicle line
1:'.MadelYear 2024
F-150
Order Code 7678
Prix Level 450

MSRP DESCRIPTION MSRP
536955 6250# GWR PACKAGE SD
50 CA NEW MTR VEHICLE BOARD FEES 50
536965 10B #2 ORDER 50

SO FORD FLEET SPECIAL ADJUSTMENT SO
50 FRONT LICENSE PLATE BRACXET 50
50 50 STATE EMISSSONS 50
51195 STANDARD FUEL TANK 50
SO PRICE CONCESSION INDICATOR 50
50 REMARKSTRAILER 50
50 SPECIAL DEALER ACCOUNT ADJUSTM 50
50 SPECIAL FLEET ACCOUNT CREDIT SO
5D FUEL CHARGE SO
50 NET INVOICE FLEET OPTION (644) S9
50 PRICED DORA SO
50 ADVERTISING ASSESSMENT 50
SO DESTINATION & DELIVERY 51995
Customer Emall:

Customer Phone:

Customer Signature
MSRP
540155
NA
540155
This order has mat been submitted to the order bank.

This is not on Mimi .

Date
195

Agenda Item No: 1.g

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 5, 2024
Submitted by: Lesley Whittaker
From: Development Services
Subject:

Consideration of a Resolution Authorizing Application to, and Participation in the Prohousing Designation Program with the State Department of Housing and Community Development (HCD); and Consideration of a Resolution Authorizing Application for, and Receipt of Prohousing Incentive Program Funds.

Financial Impact:

Fiscal Impact:

There is no immediate financial impact; however, the Prohousing Designation qualifies the City to apply for State funding. On August 15, 2024, HCD released the NOFA for the third round of the Prohousing Incentive Program (PIP Round 3). PIP Round 3 makes approximately $8 million available for jurisdictions with a Prohousing Designation.

Summary:

The City of Placentia is in the process of applying to the HCD to obtain a Prohousing designation. The two attached Resolutions will authorize application to and participation in the Prohousing Designation Program (PDP) and will make Placentia eligible to apply for the Prohousing Incentive Program grant funds. The Notice of Funding Available (NOFA), released August 15, 2024, makes approximately $8 million available to jurisdictions with a Prohousing Designation.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Adopt Resolution No. R-2024-70, a Resolution of the City Council of the City of Placentia, California, authorizing application to and participation in the Prohousing Designation Program.

2. Adopt Resolution No. R-2024-71, a Resolution of the City Council of the City of Placentia, California, authorizing application for, and receipt of, Prohousing Incentive Program funds.

Strategic Plan Statement:

This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve the following:

Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the city, including a 196

mix of housing at various price points. Also, this item will serve to enhance affordable housing production efforts in general as it will create potential funding mechanisms and other incentives to attract and promote affordable housing in the community.

Discussion:

The State has determined that increasing the availability of housing is critical to bettering the quality of life of all Californians. The 2019-2020 Budget Act provided a spectrum of support, incentives, and accountability measures to meet California's housing goals, and provided for the establishment of the Prohousing Designation Program. The intent of this State program is to encourage jurisdictions to enact regulations, adopt policies, and establish local programs that go beyond current state laws and conventional standards and will accelerate the production of housing, both market rate and affordable at all density levels.

In return for adopting such pro -housing regulations, policies, and programs, local governments can receive an official designation and receive an advantage such as priority processing or funding points when applying for various funding programs. Current eligible funding programs that prioritize those with Prohousing designation include Affordable Housing & Sustainable Communities (AHSC), Infill Infrastructure Grant (IIG), and Transformative Climate Communities (TCC). However, the State is actively looking to add additional programs, particularly those that are only open to those with a Prohousing designation. A successful Prohousing designation could potentially lead to receipt of Prohousing Incentive Program funds. The amount of State funds under this program for 2024 is approximately $8 million.

The attached Resolution (PC -2024-70) is a required component of the Prohousing Designation Program application. Upon the City Council's approval of the Resolution, City Staff will submit the entire Prohousing Designation Program application to HCD for review and approval.

The second attached Resolution (PC -2024-71) is authorizing application for, and receipt of, Prohousing Incentive (PIP) Program funds. Receipt of these funds is contingent upon receiving the Prohousing Designation from HCD. Adoption of this Resolution would make Placentia eligible to apply for the PIP grant funds in a total amount not to exceed $1,000,000.

Said funds may be used for the development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is affordable to low- and moderate - income households, including necessary operating subsidies. The funds could be utilized to help finance an affordable housing development in Placentia, or for assisting those at risk of homelessness, including funding for navigation centers and emergency shelters, among other eligible expenses.

Fiscal Impact Summary:

Approval of a Prohousing Designation and access to the resulting PIP grant funds could result in Placentia receiving up to $1,000,000 in grant funds to generate affordable housing.

Attachments

1.Prohousing Designation Resolution - 2024-70.docx

2.PIP Resolution 2024-71.docx
197

RESOLUTION NO. R-2024-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program ("Program"), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and WHEREAS, the California Department of Housing and Community Development ("Department") has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program ("Program Regulations"), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the CITY OF PLACENTIA ("Applicant") desires to submit an Application for a Prohousing Designation ("Application").

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.

Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583.

Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code sections 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply 198

do and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness' "7 Principles for Addressing Encampments" (June 17, 2022, update).

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the "Program Documents").

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

6. The CITY ADMINISTRATOR is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED, ADOPTED and APPROVED this 5th day of November 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 5th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Robert S. McKinnell, City Clerk
199

APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney
200

RESOLUTION NO. R-2024-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,

CALIFORNIA AUTHORIZING APPLICATION FOR, AND RECEIPT OF,

PROHOUSING INCENTIVE PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the Department of Housing and Community Development ("Department") is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Program or "PIP"); and
WHEREAS, the City Council of the City of Placentia desires to submit a PIP grant application package ("Application"), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning & implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on August 15 2024 in the amount of $8,000,000 for PIP;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA ("APPLICANT") RESOLVES AS FOLLOWS:

SECTION 1. The City Administrator is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $1,000,000;
SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Administrator of the City of Placentia is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement ("Standard Agreement") for the total amount not to exceed $1,000,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant's obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.
201

PASSED, ADOPTED and APPROVED this 5th day of November 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
1, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 5th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian Bettenhausen, City Attorney
202

Agenda Item No: 1.h

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 5, 2024
Submitted by: Joe Lambert
From: Development Services
Subject:

Acceptance of Resignations from the Planning Commission and Appointment of One Planning Commissioner
Financial Impact:

Fiscal Impact: None
Summary:

The City has received a letter of resignation from Planning Commissioners Nick Polichetti and Susan Silvestri. This action accepts the above indicated resignations and extends the City's sincere appreciation for their service to the community. In addition, this action would appoint one new previously approved candidate to the Planning Commission.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Accept the resignation of Nick Polichetti from the Planning Commission effective November 30, 2024; and

2. Accept the resignation of Susan Silvestri from the Planning Commission effective November 30, 2024; and

3. Appoint previously approved candidate Juan Guerrero to the Planning Commission effective December 1, 2024; and

4. Update the City's master Commission/Committee vacancy list to include one vacancy on the Planning Commission and solicit applications.

Strategic Plan Statement:

This item is consistent with the City Council approved 5 -Year Strategic Plan to:

Increase Community Engagement (Goal 4), as this action will accept the resignation of two Planning Commissioners, will appoint one new Planning Commissioner, and will result in an opportunity for another community member to serve on Planning Commission and become engaged with the community.

This item also furthers Goal 8 to Improve City Governance as the seven -member Planning Commission requires full membership to operate optimally, and this action accepts the resignation of two members, appoints one member and recommends the future appointment of a new Commission member, resulting in a full seven -member Commission consistent with the City Charter.
203

Discussion:

Mr. Polichetti has served on the Planning Commission since October 2019. Ms. Silvestri has served on the Planning Commission since July 2022. During their tenure on the Commission, both Commissioners have been part of the team which has recommended approval of the TOD Zone Expansion and rezoning, has recommended approval of the State certified Housing Element adopted February 2024, and numerous significant developments citywide. Mr.

Polichetti indicated his desire to resign from the Commission via correspondence dated July 16, 2024 and Ms. Silvestri indicated her desire to resign from the Commission via correspondence dated October 4, 2024.

One additional appointment to the Planning Commission to fill all seven seats is anticipated to be made as part of the City's Commission/Committee application/recruitment process. One of the staff recommendations is to appoint previously approved candidate Juan Guerrero to the Planning Commission. Subsequent to the acceptance of two resignations and one appointment, one Planning Commission vacancy would remain. Therefore, In addition, this action also includes a staff recommendation to update the City's master Commission/Committee vacancy list to include one vacancy on the Planning Commission and solicit applications.

Attachments

1. N. Polichetti Resignation.pdf

2. S. Silvestri Resignation.pdf
204

From:

To:

Subject:

Date:

Nick Polichetti
Joseph Lambert
End of Term
Tuesday, July 16, 2024 2:27:52 PM

EMAIL FROM EXTERNAL SOURCE
Don't reply, click on a link or open an attachment unless you recognize the sender and know the content to be safe. If you believe this email to be unsafe, please use the Report Phish button in Outlook and notify the IT department.

Hi Joe,
Thanks again for taking my call this afternoon. Both my personal life as well as my professional life have had recent and exciting promotions/advancements. Unfortunately, these have also required more of my time. To better deliver for my family and my career, and to make sure that the City of Placentia has the best representation at the planning commission, I'm planning on ending my current term November 30th, 2024.

Please let me know if you have any questions or concerns.

Thanks,
Nick Polichetti
205

From: Susan Silvestri
To: F Perez; Matt Rocke: noolichetti(alamail.com; Brandon Evans; ivan navarro; Thomas Ingalls: Joseph Lambert Cc: Andrew Gonzales; Lesley Whittaker: Maraie McCoy; Devan Wells; Kristi J. Smith Subject: Re: Regular Meeting of the Planning Commission to be held on October 8, 2024 Date: Friday, October 4, 2024 6:17:59 AM
Attachments: imaae004.ona
imaae003.ona

Good morning,
I am writing to formally submit my resignation from the Placentia Planning Commission, effective immediately.

Due to the demands of my new job and the travel it requires, I find that I am no longer able to commit the time necessary to attend and participate in our meetings. It has been a privilege to serve alongside such dedicated individuals, and I am truly grateful for the opportunity to have contributed to the commission's work.

I want to thank everyone for the support and collaboration during my time on the commission. I wish the team continued success in all future endeavors In Your Service,
Susan Silvestri
626.422.9446
On Thursday, October 3, 2024 at 08:10:47 PM MDT, Joseph Lambert wrote:

Good evening, Chair Perez, Vice Chair Rocke, and Planning Commissioners, Please see the following link to the agenda packet for the Regular Meeting of the Planning Commission to be on October 8, 2024, at 6:30 PM in the City Council Chambers:
httos:// www.Dlacentia.ora/ArchiveCenter/ViewFile/Item/6727 At your earliest convenience, please respond letting us know if you will be able to attend 206

Agenda Item No: 1.i

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 5, 2024
Submitted by: Chris Tanio
From: Public Works
Subject:

Approve Purchase Order for Bowman Company for SiFi Inspections Financial Impact:

Fiscal Impact:

Expense: $ 53,000 Agreement with Bowman Company for SiFi Inspections $ 33,000 Contract Amendment Close -Out for Totum Corporation Budgeted: $101,558 FY 2024-25 Operating Budget (103551-6099) Summary:

On September 24, 2019, the City Council approved a Development Agreement with SiFi Networks ("SiFi") to build a citywide fiber optic network that will bring direct fiber internet connections to every home and business in the City. As part of that agreement, SiFi helped fund the cost of a Specific Point of Contact who works on behalf of the City assisting in managing the project and providing daily construction inspections on the project. On May 18, 2021, the City entered into a Professional Services Agreement with Totum Corporation (Totum) for $600,000 for a term of three (3) years to provide construction inspection services for this project. On October 1, 2024, Council denied the recommended action to amend Totum's Agreement to continue SiFi inspections and requested Staff look into another firm to provide for these inspections.

Staff received a quote from Bowman Company (Bowman) from the City's list of On -Call Construction Management and Inspection firms that Council had previously approved on May 7, 2024. City Staff is requesting approval of a purchase order with Bowman in the amount of $53,000. Additionally, Staff is requesting approval to amend Totum's contract to close-out the remainder of the Totum SiFi inspection work that was performed through the end of September. No additional inspection work has been performed by Totum since the October 1, 2024 Council meeting.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Approve a purchase order with Bowman Company to provide construction inspection services for the Citywide Fiber Optic Deployment Project for a not -to -exceed amount of $53,000; and Authorize the City Administrator to approve amendments up to 20% of the purchase order amount; and
207

2. Approve Amendment No. 5 to the Professional Services Agreement with Totum Corporation to close-out the remainder of their work performed through September 2024 for the construction inspection services for the Citywide Fiber Optic Deployment Project to $633,000.

Strategic Plan Statement:

This item conforms to Strategic Plan Objective 1.7, Identify ways to monetize the new CitywidE fiber optic system and Objective 3.2, Include promotion of Citywide fiber in City economic development recruitment and retention strateaies.

Discussion:

On September 24, 2019, the City Council approved a Development Agreement with SiFi for the deployment of a citywide fiber optic network that will service all City facilities, residences, businesses, and institutions within Placentia. The project will bring gigabit level internet and data transfer speeds to every doorstep in Placentia. SiFi will then lease the fiber lines to Internet Service Providers (ISPs) to whom customers may subscribe. SiFi will own the backbone infrastructure but is not an ISP. Maintenance and repair of the physical fiber network is entirely the responsibility of SiFi. Residents and businesses have the option to continue with their existing ISPs or seek subscriptions with providers who have leased fiber from SiFi and receive a fiber service drop directly into their homes or businesses. In addition, this Agreement does not prevent any other service providers from installing their own citywide fiber optic networks or expanding their existing fiber infrastructure and providing a similar service. From an economic development perspective, the concept of a privately funded and managed citywide fiber network is a significant opportunity for strengthening Placentia's competitive advantage for retaining and attracting businesses, jobs, and private investment into our community.

As part of SiFi's Agreement with the City, they have agreed to help fund the cost of a Specific Point of Contact ("SPOC") that will work on behalf of the City solely on this project, 40 hours per week. The City's SPOC is an experienced construction inspector in municipal Public Works construction and will be responsible for managing all work zone permits as well as providing daily field construction observation to ensure SiFi's contractor builds the network per the plans and specifications approved by the City. The inspector will also ensure that SiFi's contractor complies with all work zone permit conditions of approval. To date, all of the microtrenching work has been completed and over 20,000 addresses are available for service, with many homes and businesses already underway.

On October 1, 2024, Council denied the recommended action to amend Totum's Agreement to continue SiFi inspections and requested Staff look into another firm to provide for these inspections. Staff received a quote from Bowman Company (Bowman) from the City's list of On -Call Construction Management and Inspection firms that Council approved on May 7, 2024. City staff is requesting approval of a purchase order with Bowman in the amount of $53,000. Additionally, Staff is requesting approval to amend Totum's contract to close-out the remainder of the Totum SiFi inspection work that was performed through the end of September. No additional inspection work has been performed by Totum since the October 1, 2024 Council meeting.
208

Fiscal Impact Summary:

The total cost of the recommended actions amounts to a total of $86,000. This includes the agreement with Bowman Company for inspections costs in the amount of $53,000 and the contract amendment with Totum in the amount of $33,000 to close out the remainder of Totum's SiFi inspection work. There are sufficient funds available in the approved Fiscal Year 2024-25 Operating Budget for the recommended actions.

Attachments
Attachment 1_Bowman Company Proposal.pdf
Attachment 2_Close Out PSA Amendment No 5 - Totum - Draft.pdf 209

INFRASTRUCTURE
410 ENGINES
a Bowman company
October 28, 2024
Chris Tanio, PE
Director of Public Works
City of Placentia,
401 E. Chapman Avenue
Placentia, CA 92870
Re: Inspection Services for the Sifi Network project in the City of Placentia Dear Mr. Tanio:

We are pleased to submit this Proposal for inspection services on the Sifi Network's project in the City of Placentia.

Sifi Network is currently finalizing the installation of fiber network throughout the entire City and the City needs inspection services, to ensure that all work has been completed in accordance with the City's standards, and requirements. The scope of the services in this proposal includes inspection for the City of Placentia on the ongoing work by Sifi Network, and all the related activities for a duration of about 3-4 months. This proposal also includes inspection for all the remaining punch -list work being performed by Sifi's contractors, and the closing out all the remaining encroachment permits.

The anticipated Not -to -exceed fee for the inspection services is a $53,000, as detailed in the following table:

Task Number of Hours Hourly Rate Total
Inspection Services 460 $115 $53,000
Total $53,000
Please see attached for the resume of the proposed staff. If you have any questions regarding this proposal, please contact Masoud on his cell 949-375-6599.

Sincerely,
/0/a ?/A4+,
Masoud Sepahi, PE( director of City Eng. & CM Services Date:

APPROVED TO PROCEED:

Chris Tanio, PE - Director of Public Works Date:
3060 Saturn Street, Suite 250, Brea, California 92821
P: 714.940.0100
infrastructure-engineers.com 1 bowman.com
210

AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF CONSTRUCTION MANAGEMENT SERVICES WITH TOTUM

CORPORATION
This Amendment No. 5 ("Amendment") to Professional Services Agreement is made and entered into effective the 5t' day of November 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Totum Corporation a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18th, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the cumulative not -to - exceed amount by $ 33,000 for additional construction management and inspection services in support of the SiFi Project pursuant to the work scope and fee proposal attached hereto an incorporated by reference as Attachment 1.
(iii). All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 2.1 of the Agreement is hereby amended to read as follows:

2.1 Comnensation. Consultant shall be paid hourly in accordance with the fee schedule set forth in Exhibit "C" (Fee Schedule"). Consultant's total compensation shall not exceed One Million Two Hundred Ninety Five Thousand Nine Hundres Sixty Five Dollars ( $ 1,255,965,000)

2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

3. The Agreement, all amendments together with this Amendment No. 5 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 5 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

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4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 5 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 5 to the Consulting Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA
By:

Danny Kaye, Totum Corporation
By:

Damien R. Arrula
City Administrator
ATTEST:

By:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

By:

Page 2 ends

Christian L. Bettenhausen, City Attorney
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CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
PACIFIC WEST INDUSTRIES, INC.

THIS AGREEMENT is made and entered into this 5th day of November, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Pacific West Industries, Inc., a California HVAC corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide heating, ventilation and cooling maintenance services, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

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

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 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. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
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(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.

Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Two Hundred Forty Thousand Dollars ($ 240,000), unless authorized herein.

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Should the City request in writing additional services that increase the hereinabove described "Scope of Services", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The City Administrator is authorized to approve a Change Order for such additional services. Where the original contract is $40,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $40,000.00.

2.3. Method of Billing. Contractor shall submit invoices electronically within sixty (60) days of completed work to PW(c�placentia.orq. Invoices received in excess of sixty (60) days after completion of work are subject to rejection. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule 3 Pacific West Industries
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approved by City as set forth in Exhibit "A".

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 60 months, ending on November 5th, 2029, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
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f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Insurance. The Consultant and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit "B" attached hereto and incorporated herein by this reference.

Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements in a form and content approved by City, prior to performing any services under this Agreement.

The certificates of insurance and endorsements shall be attached hereto as Exhibit "C" and incorporated herein by this reference.

5.4. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be 5 Pacific West Industries
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held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Pacific West Industries, Inc.
1912 W. Business Center Drive
Orange, CA, 92867
Tel: (866) 328-2129
Fax: (714) 630-4049
Attn: Robyn Marquardt
6 City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Tel: (714) 993-8212
Fax: (714) 666-0267
Attn: Samantha Byfield
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6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant's sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors' work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, 7 Pacific West Industries
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Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
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6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and 9 Pacific West Industries
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conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:

This Agreement, the City's Request for Proposals, the Consultant's Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this 10 Pacific West Industries
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Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
Rosanna Ramirez, Acting City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT:

P
Date:

Date:
10/29/2024
Signature
Devin Johnson Project Manager, Pacific West Industries
Name and Title
20-3153678
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Krystle Murillo, Risk Manager
11 Date:

Date:

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APPROVED AS TO CONTENT:
sovA, a. 15(160.

Samantha Byfield, Public Works Manager
DEPARTMENTAL APPROVAL:

U risfbpu,c,V' fial u,
Christopher Tanio, Director of Public Works
12 Date:

Date:
10/29/2024
10/29/2024
Pacific West Industries
Rev. 01/2024
224

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
13 Pacific West Industries
Rev. 01/2024
225

SECTION D

GENERAL PROVISIONS

SCOPE OF WORK
The City is soliciting bids to provide quarterly and annual preventative maintenance work for the City's heating, ventilation and cooling maintenance systems at City facilities.

Contractor shall provide a heating and air conditioning checklist for each facility after each visit specifying the preventative maintenance performed along with notification of any defective or worn parts needing replacement. The checklist must include all specified preventative maintenance work noted herein for each location. Repair work requires approval for the City prior to beginning work.

Preventative maintenance work includes but is not limited to:

Package Heat Pump
Quarterly Preventative Maintenance
• Replace air filter(s)
• Add biocide to condensate pan
• Inspect blower
• Inspect fan belt alignment and tension
• Inspect fan motor(s) operation
• Inspect condensate pan and P -trap
• Inspect electrical contacts
• Inspect condensate piping for proper pitch
• Inspect exterior of unit and panel fasteners
• Inspect for refrigerant leaks
• Inspect evaporator coil condition (clean / dirty)
• Inspect condenser coil condition (clean / dirty)
• Inspect unit and pipe insulation
• Inspect electrical connections, tighten as necessary
Annual Preventative Maintenance
• Replace drive belt(s)
• Lubricate motor bearings
• Clean condenser coil
• Inspect operation of reversing valve
• Inspect operation of economizer
• Inspect unit and pipe insulation
• Check compressor 1 amperage
Page D-1
226

• Check compressor 1 amperage
Package Gas Electric
Quarterly Preventative Maintenance
• Replace air filter(s)
• Replace/add biocide to condensate pan
• Inspect blower
• Inspect fan belt
• Inspect fan motor(s) operation
• Inspect condensate piping for proper pitch
• Inspect electrical connections, tighten as necessary
• Inspect all electrical contacts
• Inspect unit for excessive vibration and noise
• Inspect exterior of unit and panel fasteners
• Inspect visually for refrigerant leaks
• Inspect evaporator coil condition (clean / dirty)
• Inspect condenser coil condition (clean / dirty)
• Inspect operation of compressor
• Inspect for gas leaks
Annual Preventative Maintenance
• Replace drive belt(s), if included
• Lubricate motor bearings
• Clean condenser coil, if included
• Clean vestibule
• Inspect operation of economizer
• Inspect operation of gas valve
• Inspect operation of ignition system
• Inspect flame condition adjust as required
• Inspect for cracked, warped or dirty heat exchanger
• Inspect operation of safety control limits
• Inspect unit and pipe insulation
• Inspection flue for proper venting
• Check system voltage
• Check indoor fan amperage
• Check outdoor fan amperage
• Check compressor 1 amperage
• Check compressor 2 amperage
Page D-2
227

Condensing Unit
Quarterly Preventative Maintenance
• Clean surface area
• Inspect exterior of unit and panel fasteners
• Inspect visually for refrigerant leaks
• Inspect electrical connections, tighten as necessary
• Inspect fan belt
• Inspect electrical contacts
• Inspect compressor operation
Annual Preventative Maintenance
• Clean condenser coil
• Lubricate fan motor
• Inspect compressor operation
• Check oil level
• Check compressor amperage
• Lubricate fan motor
• Replace drive belt(s)
• Check superheat
• Check discharge temperature
• Check suck temperature
• Check compressor voltage
Fan Coil Unit
Quarterly Preventative Maintenance
• Replace air filter(s)
• Replace/add biocide to condensate pan
• Inspect blower
• Inspect fan belt
• Inspect fan motor(s) operation
• Inspect condensate pan and P -trap
• Inspect all electrical contacts
• Inspect electrical connections, tighten as necessary
• Inspect unit for excessive vibration and noise
• Inspect unit and pipe insulation
• Inspect condensate piping for proper pitch
• Inspect exterior of unit and panel fasteners
• Visually inspect for water leaks
Page D-3
228

• Inspect evaporator coil condition (clean / dirty)
Annual Preventative Maintenance
• Replace drive belt(s), if included
• Lubricate motor and shaft bearings
• Inspect operation of chilled and heating valve(s)
• Inspect unit and pipe insulation
• Check indoor fan amperage
• Check outdoor fan amperage
Exhaust Fan
Quarterly Preventative Maintenance
• Replace optical spectrum analyzer (OSA) filter(s), if included • Inspect blower
• Inspect fan belt
• Inspect electrical contacts
• Inspect fan motor(s) operation
• Inspect electrical connections, tighten as necessary
• Inspect unit for excessive vibration and noise
• Inspect exterior of unit and panel fasteners
• Replace main filters using 30% efficient pleated filters • Inspect drain lines and clear any blockages
Annual Preventative Maintenance
• Replace final air filter(s), if included
• Replace drive belts), if included
• Lubricate motor and shaft bearings
• Clean dampers
• Check indoor fan amperage
• Check indoor fan voltage
• Pre -winter startup of HVAC system (furnaces, heat pumps and heaters) shall be done to coincide with quarterly tune up, belt/filter serving in September • Pre -summer startup of HVAC system (AC and heat pumps) shall be done to coincide with the quarterly tune-up and belt/filter servicing in March Variable Speed Drives
Quarterly Preventative Maintenance
• Inspect and test — document problems/corrections
Page D-4
229

• Tighten electrical connections
• Inspect components
• Verify input signal
• Clean drive interior
• Calibrate
• Complete any required maintenance checklists
• Clean area around equipment
Air Handling Unit
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Replace air filters
• Check for proper fan rotation
• Check starter/contractor
• Check electrical contacts
• Check and tighten electrical connections
• Check evaporator temperature differential
• Check coil condition
• Check condensate pan and drain
• Lubricate dampers
• Check damper operation — all locations
• Check fan and motor bearings
• Lubricate as needed
• Check expansion valves
• Check control set points
• Check flame quality
• Check orifices and nozzles
• Inspect pilot and safeties
• Check drive condition
• Clean condenser coils
• Clean area around equipment
Boilers
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Visually inspect combustion chamber, draft diverter and flue for accumulation of soot
Page D-5
230

• Check relief vale operation
• Blow down low water cut-off
• Check all safeties
• Check heat exchanger surfaces
• Check for leakage
• Check flame quality
• Check orifice and nozzle
• Check ignition operation
• Assure fuel shutoff
• Check gas pressure regulator
• Check expansion tank sight glass
• Check boiler temperature and pressure
• Check contactor points
• Check electrical connections
• Check nitrate level and log
Water Heaters
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Drain several gallons from tank to remove sediment
• Inspect water condition for discoloration, odor, direct, etc. • Measure pH with hydron paper
• Inspect site glass for operation condition and cleanliness • Verify operation/setting of aqua stat and record settings • Torque heating terminals — inspect isolators
Pumps
Quarterly Preventative Maintenance
• Inspect and test - document any problems/corrections
• Check coupling
• Check seals and gaskets
• Check starter/contactor
• Check electrical contacts
• Check and tighten electrical connections
• Check motor amperage
• Check inlet and outlet pressures
• Blow out motor windings with CO2
Page D-6
231

• Lubricate as required
Motors
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Check motor air intake
• Check for bearing wear
• Visually check alignment
• Check drive condition
• Lubricate as required
• Check belt(s)
• Log motor operating amps
• Check drive coupling
• Replace belt once per year
Air Compressor
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Drain tank and filter bowl
• Check crankcase oil
• Check safety relief valve
• Oil motor
• Check drive
• Check and clean air filters
• Check air drier condenser coil
Cooling Tower
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Check temperature controller
• Check starter coil
• Check electrical contacts
• Check and tighten electrical connections
• Check fan condition and rotation
• Check motor operating amperage
• Meg motor windings
• Check fan shaft end play
Page D-7
232

• Check bearing temperature and wear
• Check drive system and lubricate
• Check and clean eliminators
• Check sump and basin
• Clean water distribution system, spray nozzles
• Check float valve operation, adjust if necessary
• Perform water treatment analysis
o Add required treatment
o Test controller operation
o Bleed solenoid
• Inspect for corrosion and/or leaks
o Touch up or seal as required
• Check fill/media
• Complete tower cleaning once per year
Screw Chiller
Quarterly Preventative Maintenance
• Inspect and test — document any problems/corrections
• Test chiller charge and report
• Tighten connect flare nuts valve package
• Check control panel and tighten connections
• Check contactors and starter contacts
• Read and clean system gauges
• Check low pressure oil safety
• Check controls on chiller
• Check high motor temperature safety
• Check chilled water ((CHW) and circulating water (CW) pump • Check control set points
o Verify settings
• Check operation of oil heater
• Check and clean starter panel
• Check contactors for free and smooth operation
• Check and lubricate mechanical linkages
• Check operation — electrical interlocks
• Measure operating current/voltages
• Check oil level
• Check for full water systems
• Check cooling tower and strainers for cleanliness
Page D-8
233

• Check flow providing devices — CHW and CW
• Check and record flow rate — condenser and evaporator • Check control sequence and start chiller
• Check and record starter operating amps/volts
• Check and record operation of all timing devices
• Check control set point and sensitivity — CHW
• Check high condenser pressure safety
• Check and calibrate low refrigerant safety
• Check loaded and unloaded solenoid valves
• Check operation of capacity control slide valve
• Check operation of electronic expansion valve
• Check the refrigerant charge
• Log chiller operating temperatures, pressures, amps/volts • Check operation of motor and starter
• Perform oil analysis
Repair Work
Repairs require a written cost proposal from the contractor and approval from the City prior to commencing work. Labor costs for repairs during the term of the contract shall be at the hourly rate quoted in the bid proposal for work completed during regular business hours and after-hours emergency response. Costs for repairs shall be billed on a time and materials basis, with the markup percentage indicated in the bid proposal which shall not exceed a maximum of 15 percent. Evidence of material purchased must be provided with all invoices. The time computed to determine the total hours spent on repairs shall begin upon arrival to the job site and will not include drive time nor vehicle charges. All repairs shall be invoiced separately upon approval of the Public Works Supervisor.

Progress of Work
Work shall proceed in an orderly manner. Wherever possible, repair work shall be completely finished prior to proceeding to the next location. Any exceptions shall be approved by the Public Works Superintendent or authorized representative.

Alterations
The City reserves the right to increase or decrease the quantity of any item or portion of the work to omit portions of the work as may be deemed necessary or advisable by the City. The Public Works Superintendent or authorized representative may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined during the progress of work to be necessary and advisable for the proper completion thereof. Such alterations or deviations, additions or omissions shall in no way affect or make void the contract. Upon written notification by the Public Works Page D-9
234

Superintendent or authorized representative, Contractor shall proceed with the work as increased, decreased, or altered.

Acceptance of Work Done
The Public Works Superintendent or authorized representative will make inspections and determine that the work has been completed in all respects in accordance with these specifications.

Meetings
Contractor shall provide Public Work Superintendent or authorized representative with a contact person and phone number to reach Contractor personnel 24 hours a day.

Contractor shall designate and identify to Public Works Superintendent or authorized representative a site supervisor assigned to City facilities.

Invoicing
Invoices shall detail the date, the location and City staff contact name. Contractor shall submit invoices electronically within 60 days of completed work to PW(placentia.orq.

Invoices received in excess of 60 days after completion of work are subject to rejection.

All repair work shall be invoiced separately and shall include receipts for materials, including cost information so material markup percentage can be verified. Repair invoices received without receipts and cost information will be rejected.

Page D-10
235

HEATING, VENTILATION AND COOLING MAINTENANCE SERVICES
Aguirre Building
Backs Community Center
City Corporate Yard
City Hall/Police Station
Fire Station 1
Fire Station 2
Gomez Community Center
Koch Community Center
Kraemer Pump Station
Old City Hall/Fire
Headquarters
Police Evidence Building
Powell Building
Public Safety Building
Teen Center
Whitten Community Center

BID SCHEDULE
Quarterly PM 4 $ 135
Annual PM 1 $ 242.67
Quarterly PM 4 $ 185
Annual PM 1 I $ 370
Quarterly PM 4 1 $ 137
Annual PM 1 1 $ 430
Quarterly PM 4 $ 1,300
Annual PM 1 $ 3,500
Quarterly PM 4 $ 180
Annual PM 1 1 $ 460
Quarterly PM 4 1 $ 185
Annual PM 1 1 $ 450
Quarterly PM 4 1 $ 600
Annual PM 1 $ 900
Quarterly PM 4 $130
Annual PM 1 $ 270
Quarterly PM 4 I $ 80
Annual PM 1 1 $ 260
Quarterly PM 4 1 $ 250
Annual PM 1 $ 700
Quarterly PM 4 $ 1,400
Annual PM 1 $ 2,800
Quarterly PM 4 $ 320
Annual PM 1 $ 380
Quarterly PM 4 $ 445
Annual PM 1 $ 700
Quarterly PM 4 $ 100
Annual PM 1 $ 300
Quarterly PM 4 $ 600
Annual PM 1 $ 700
Total Annual Cost
Business Hours $149
Emergency After -Hours $ 185
C-7
$ 540
$ 242.67
$ 740
$ 370
$ 548
$ 430
$ 5,200
$ 3,500
$ 720
$ 460
$ 740
$ 450
$ 2,400
$ 900
$ 520
$ 270
$ 320
$ 260
$ 1,000
$ 700
$ 5.600
$ 2,800
$ 1,280
$ 380
$ 1,780
$ 700
$ 400
$ 300
$ 2,400
$ 700
$ 36,650.67
15 %
236

TOTAL BID PRICE WRITTEN IN FIGURES: $ 36,650.67
TOTAL BID PRICE WRITTEN IN WORDS: Thirty -Six Thousand, Six -Hundred Fifty Dollars and Sixty -Seven Cents
Through submission on PlanetBids, the bidder certifies that he/she has followed the bidder instructions, acknowledges the requirements set forth in this proposal form or bid submission, and has thoroughly checked the figures set forth in the proposal and entered into PlanetBids, that they are correct to the best of his/her knowledge and constitute his/her proposal to perform all the work called out throughout these contract documents. ***BI
44,
;1.4
tW
ITEMS TO BE ENTERED (NINE VIA PLANETBIDS***
C-8
237

EXHIBIT B

INSURANCE REQUIREMENTS
14 Pacific West Industries
Rev. 01/2024
238

EXHIBIT B

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.

Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

1. Commercial General Liability Insurance
Broad -form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

2. Business Automobile Liability Insurance
Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

3. Workers' Compensation and Employer's Liability Insurance Workers' compensation insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
239

By signing this Agreement, the Consultant acknowledges and agrees to the following:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers' compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.

4. Standards for Insurance Companies
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide.

B. Documentation and Other Provisions

1. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Placentia, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms:

CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant's sole cost and expense.

3. The Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy. 240

4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.

5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

6. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.

8. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.

9. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable. 241

EXHIBIT C

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Pacific West Industries
Rev. 01/2024
242

AccoR o® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY) 10/2/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Newfront Insurance Services (Construction)
777 Mariner Island Blvd, Suite 250
San Mateo, CA 94404
www.Newfront.com

INSURED
Pacific West Industries, Inc.

Pacific West Air Conditioning
1912 W. Business Center Dr.

Orange CA 92867

ICONTACT
NAME:

IPHONE
(A/C. No. Extl:

IE-MAIL
ADDRESS:

INSURER A :

INSURER B :

I INSURER C :

I INSURER D :

I INSURER E :

I INSURER F :

Construction Team
415-754-3635
FAX
(A/C, No):

ConstructioncertrequestNewfront.com

INSURER(S) AFFORDING COVERAGE
Ascot Specialty Insurance Company
Vantapro Specialty Insurance Company
Service American Indemnity Company
NAIC #
45055
44768
39152
COVERAGES CERTIFICATE NUMBER: 82250039 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS

LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
A � COMMERCIAL GENERAL LIABILITY ✓ ✓ ESGL2310002808-01 11/17/2023 11/17/2024 EACH OCCURRENCE

CLAIMS -MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY ✓ PRO-

JECT LOC
OTHER:

B AUTOMOBILE LIABILITY
A
C
✓ ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

UMBRELLA LIAB
✓ EXCESS LIAR
■
■

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
OCCUR

CLAIMS -MADE
DED RETENT ON $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
✓ ✓ 5087-1136-01
N/A
ESXS2310002809-01
5/31/2024 5/31/2025
11/17/2023 11/17/2024
j SAMTWC1022800 11/17/2023 11/17/2024

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE

AGGREGATE
✓ STATUTE ERH
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Heating, Ventilation and Cooling Maintenance Services PW -24-04.

The City of Placentia, its officers, officials, agents, employees, and volunteers are named additional insured with respects to general & auto liability on a primary and non-contributory basis, as required by written contract. Excess liability is following form. Waiver of subrogation applies to general & auto liability and workers compensation, as required by written contract. 30 days notice of cancellation - 10 days for non-payment of premium. Endorsements attached.

CERTIFICATE HOLDER CANCELLATION
The City of Placentia
Public Works
401 E Chapman Avenue
Placentia CA 92870
$1,000,000
$ 100,000
$ Excluded
$1,000,000
$ 2,000,000
$ 2,000,000
$1,000,000
$ 2,000,000
$ 2,000,000
$1,000,000
$1.000.000
$1,000,000

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 82250039 124-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 1 of 11 This certificate cancels and supersedes ALL previously issued certificates. 243

POLICY NUMBER: ESGL2310002808-01

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
As required by written contract signed by both parties
prior to loss
Location(s) Of Covered Operations
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured isrequired by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

CG 20 10 04 13 © Insurance Services Office, Inc., 2012
82250039 129-25 Auto 23-24 GL, Excess, WC I Serena Childs 110/2/2029 9:40:24 AM (PDT) I Page 2 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

POLICY NUMBER: ESGL2310002808-01

COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

Page 1 of 1 ends

Policy Number: EsGL2310002808-01

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Page 1 of 1 ends

POLICY NUMBER: ESGL2310002808-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

Policy Number: ESGL2310002808-01

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

Cancellation

1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or de-
livering to us advance written notice of cancel-
lation.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

6. If notice is mailed, proof of mailing will be suf-
ficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

C. Examination Of Your Books And Records
We may examine and audit your books and rec-
ords as they relate to this policy at any time during
the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
IL 00 17 11 98
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

E. Premiums
The first Named Insured shown in the Declara-
tions:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

Page 1 of 1 ends

Policy Number: 5087-1136-01

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - WHERE REQUIRED UNDER

CONTRACT OR AGREEMENT - SCHEDULE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
SECTION II — LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who Is An Insured is amended to include the following additional provision:

Schedule:

Person(s) or Organization(s):

Page 1 of 1 ends

Policy Number: 5087-1136-01

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY - SCHEDULE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
Notwithstanding any other provision of this policy to the contrary, the insurance afforded to the person(s) or organization(s) shown in the Schedule above will be primary to, and non-contributory with, any other insurance available to such person or organization in the event a written contract or written agreement you enter into requires you to furnish insurance to such person or organization of the type provided by this policy.

POLICY NUMBER: 5087-1136-01 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Pacific West Industries, Inc.

Endorsement Effective Date: 5/31/2024

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "accident", occurrence, loss, injury or damage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Page 1 of 1 ends

Policy Number: 5087-1136-01

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

Cancellation

1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or de-
livering to us advance written notice of cancel-
lation.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

6. If notice is mailed, proof of mailing will be suf-
ficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

C. Examination Of Your Books And Records
We may examine and audit your books and rec-
ords as they relate to this policy at any time during
the policy period and up to three years afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
IL 00 17 11 98
IL 00 17 11 98
b. Give you reports on the conditions we find;
and
c. Recommend changes.

E. Premiums
The first Named Insured shown in the Declara-
tions:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

Page 1 of 1 ends

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)

Policy Effective Date:11/17/2023 Premium $
Insured: Pacific West Industries, Inc.

DBA:

Carrier Name / Code: Service American Indemnity Company (Method) WC 00 03 13
(Ed. 4-84)
© 1983 National Council on Compensation Insurance.

Countersigned by
82250039 24-25 Auto 23-24 GL, Excess, WC Serena Childs 10/2/2024 9:40:24 AM (PDT) Page 11 of 11 This certificate cancels and supersedes ALL previously issued certificates.

Page 1 of 1 ends

Placentia City CouncilNovember 5, 2024

Placentia City Council
November 5, 2024