San Fernando City Council
September 2, 2025

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AGENDA REPORT
PUBLIC WORKS DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ City Clerk ☒ Director of Admin. Services ☒ Interim City Manager To: Mayor Mary Mendoza and Councilmembers
From: Kanika Kith, Interim City Manager
By: Wendell Johnson, Director of Public Works
Victor Meza, Water Operations Manager

Date: September 2, 2025
Subject: Consideration to Approve a Third Amendment to a Contract Services Agreement with Envirogen Technologies, Inc. for a Proprietary Ion Exchange Nitrate Removal Treatment System at the City’s Groundwater Well 2A
RECOMMENDATION:

It is recommended that the City Council:
a. Approve a Third Amendment to the Contract Services Agreement with Envirogen Technologies, Inc. (Envirogen) (Attachment “A” – Contract No. 1920(d)) in an amount not-to-exceed the aggregate sum of $2,600,000, for the purchase of a proprietary 2,000 gallons per minute (GPM) Ion Exchange Nitrate Removal System at Well 2A; b. Approve, as authorized under San Fernando Municipal Code (SFMC) Sections 2-804, 2- 801(a)(1) and 2-801(b) of the San Fernando purchasing ordinance, to waive formal purchasing requirements to purchase special equipment and/or sole source purchases needed to be compatible with existing equipment to perform complex or unique functions; and c. Authorize the City Manager, or designee, to execute the Amendment, subject to any non-substantive corrections or clarifications in consultation with the City Attorney.

BACKGROUND:

1. In 1992 the Environmental Protection Agency (EPA) set the Maximum Contaminant Level (MCL) for nitrate in drinking water at 10 mg/l (milligrams per liter). The EPA established this level to protect against the health risk of methemoglobinemia, also known as “blue baby syndrome”.

2. On May 16, 2011, the City Council approved Contract No. 1661 for the purchase of a proprietary Ion Exchange Nitrate removal treatment system from Envirogen Technologies, Inc. for Well 7A.

September 2, 2025 Special & Regular Mtg Page 279 of 600 Consideration to Approve a Third Amendment to a Contract Services Agreement with Envirogen Technologies, Inc. for a Proprietary Ion Exchange Nitrate Removal Treatment System at City’s Groundwater Well 2A

3. In February 2012, Well 2A had a Nitrate reading at the MCL of 10 mg/l. To protect public health the well ended operation.

4. On December 2, 2013, the City Council approved a maintenance, repair, and warranties water services agreement (Contract No. 1729) with Envirogen to provide operation and oversight of the nitrate removal system installed at Well 7A.

5. On June 15, 2019, the City Council approved Contract No. 1920 with Envirogen to continue to provide Operations and Maintenance Services for the Nitrate Removal system at Well 7A (Exhibit “A” to Attachment “A”).

6. In 2022, due to high levels of nitrate contamination impacting several of the City’s Wells, the City utilized the Metropolitan Water District (MWD) Service connection to help supplement the water demand placed on the City’s potable water system.

7. On November 9, 2023, the City received a $7,000,000 grant from the State Water Board for construction of a Nitrate Water Treatment System for Well 2A. Eligible work start date is from January 1, 2020, with final reimbursements request due date of March 31, 2026.

8. In January 2025, Well 2A water quality test detected 9 mg/l of Nitrates, which is almost at the Maximum Contaminant Level (MCL). Staff reduced the use of the well to keep the well below the MCL.

9. On June 17, 2025, staff received a proposal for the San Fernando Well 2 IX Nitrate Treatment System – Initial Design and Engineering in the amount of $71,000 for a 2,000 gpm system. (Exhibit “I” to Attachment “A”).

10. On July 16, 2025, staff had a meeting with Envirogen to discuss total cost estimate for a new 2,000 gpm proprietary IX Nitrate Removal Treatment System, which is estimated to be $2.6 Million.

ANALYSIS:

Maintaining and upgrading the City of San Fernando’s groundwater wells is critical to providing a safe, reliable, and sustainable water supply for residents and businesses. The City relies heavily on its four (4) active wells—Well 2A, Well 3, Well 4A, and Well 7A—which collectively meet system demand and currently keep nitrate levels within drinking water standards. Of these, Well 2A is the most critical, producing over 2,000 gpm and serving as a cornerstone of the City’s potable water supply.

September 2, 2025 Special & Regular Mtg Page 280 of 600 Consideration to Approve a Third Amendment to a Contract Services Agreement with Envirogen Technologies, Inc. for a Proprietary Ion Exchange Nitrate Removal Treatment System at City’s Groundwater Well 2A

In November 2023, the City secured a $7 million State Water Board grant to construct a Nitrate Water Treatment System at Well 2A. While this funding has advanced design and treatment planning, additional resources are needed to complete the following projects:

1. Urgent repair of the existing well (Agenda Item No. 12, of this meeting).

2. Design for a new Nitrate Treatment System and expansion of the existing building to house the well and treatment system (Agenda Item No. 7, of this meeting).

3. Installation of a new Nitrate Removal Treatment System (Agenda Item No. 8, of this meeting).

4. Construction for the building expansion, once design is complete (future City Council action).

5. Installation of security measures (cameras, lighting, wall, etc.) at the water sites (future City Council action).

Nitrate levels at Well 2A are currently at 9 mg/L—just below the State’s Maximum Contaminant Level (MCL) of 10 mg/L. Exceeding this limit would require shutting down Well 2A, significantly jeopardizing the City’s water supply. To prevent this outcome, staff recommends urgent authorization to purchase a proprietary 2,000 gpm SimPack IX Nitrate Removal Treatment System from Envirogen, which has successfully operated at Wells 3 and 7A since 2018 and 2024.

The recommendation to stay with Envirogen is based on three (3) key factors:

1. Operational consistency and cost efficiency – Envirogen systems are already installed at Wells 3 and 7A. Staff is fully trained in their operation and maintenance, and spare parts are interchangeable between the systems, creating long-term cost savings.

2. Proven success and permitting – The City has already secured operational permits from the State Water Board for Envirogen’s technology after several years of review. This same system is in use at many other water production facilities statewide and has a proven compliance track record.

3. Demonstrated performance and streamlined operations – Since going online in 2018 (Well 7A) and 2024 (Well 3), Envirogen’s systems have consistently reduced nitrate levels well below the required MCL for drinking water. Using a single, uniform technology across multiple wells also simplifies training, maintenance, and oversight for Water Division staff.

September 2, 2025 Special & Regular Mtg Page 281 of 600 Consideration to Approve a Third Amendment to a Contract Services Agreement with Envirogen Technologies, Inc. for a Proprietary Ion Exchange Nitrate Removal Treatment System at City’s Groundwater Well 2A

Given the urgency of addressing rising nitrate levels at Well 2A, staff recommends the City Council waive formal bidding requirements and approve a Purchase Order with Envirogen for the design and installation of the nitrate removal system. City Ordinance No. 1653, adopted in April 2016, allows for the purchase of special equipment under SFMC Section 2-801 (a)(b). Specifically, subsection (1) permits limiting purchases to a specific product type or brand name if compatibility with existing equipment is required or if the equipment must perform complex or unique functions.

Envirogen has provided an initial design and engineering cost proposal in the amount of $71,000 to begin the first stages of the design and engineering portion of the project and is the work under urgency needs, due to the time constraints of the funding sources for this project. The initial proposal covers the first stage of the project for the implementation of a 2,000 gpm Ion Exchange Nitrate Removal Treatment System (Exhibit “B” to Attachment “A”). Total cost estimate for a new 2,000 gpm proprietary IX Nitrate Removal Treatment System is estimated at $2.6 million.

BUDGET IMPACT:

Funds for the purchase of the Well 2A proprietary Ion Exchange Nitrate Removal Treatment System qualify for reimbursement from a Department of Water Resources funded grant of $7 million dollar grant and originally appropriated in Fiscal 2023-2024. The funding was approved with allowable expenses ranging from dates January 1, 2020 – March 30, 2026. Additional details regarding the proposed funding sources and uses our outlined below:

SOURCES
Fund Account Number Allocation
State Water Board Grant 010-3683-0857 $ 7,000,000
Total Sources: $ $7,000,000
USES
Activity Account Number Allocation
Urgent Repair of Well 2A 010-385-0857-4600 $ 641,558
Installation of a New Nitrate Removal
Treatment System 010-385-0857-4600 $2,600,00
Design for a new Nitrate Treatment
System (Base Price & Contingency) 010-385-0857-4600 $435,149 Subtotal: Proposed Uses Pending City Council Approval: $3,676,707 Remaining Balance Available for Use Towards Future Projects:
• Construction for the Building Expansion
• Installation of Well Site Security
$3,323,293
Total Uses: $ $7,000,000
September 2, 2025 Special & Regular Mtg Page 282 of 600 Consideration to Approve a Third Amendment to a Contract Services Agreement with Envirogen Technologies, Inc. for a Proprietary Ion Exchange Nitrate Removal Treatment System at City’s Groundwater Well 2A

CONCLUSION:

Staff recommends that the City Council approve a Third Amendment to the Contract Services Agreement with Envirogen (Attachment “A” – Contract No. 1920(d)) in an amount not-to-exceed the aggregate sum of $2,600,000, for the purchase of a proprietary 2,000 gallons per minute (GPM) Ion Exchange Nitrate Removal System at Well 2A; approve, as authorized under SFMC Sections 2-804, 2-801(a)(1) and 2-801(b) of the San Fernando purchasing ordinance, to waive formal purchasing requirements to purchase special equipment and/or sole source purchases needed to be compatible with existing equipment to perform complex or unique functions; and authorize the City Manager, or designee, to execute the Amendment, subject to any non-substantive corrections or clarifications in consultation with the City Attorney.

ATTACHMENT:

A. Contract No. 1920(d), including:

Exhibit “A”: Contract No. 1920
Exhibit “I”: Envirogen Proposal #24572 – Version 2.0
September 2, 2025 Special & Regular Mtg Page 283 of 600 ATTACHMENT “A”
CONTRACT NO. 1920(d)

THIRD AMENDMENT

TO CONTRACT SERVICES AGREEMENT
(Envirogen Technologies, Inc.)
THIS THIRD AMENDMENT (“Third Amendment”) to that certain agreement entitled “Contract Services Agreement”, Contract No. 1920 dated July 15, 2019, between the CITY OF SAN FERNANDO, a municipal corporation and general law city (“CITY”) and ENVIROGEN TECHNOLOGIES, INC. (hereinafter, “CONTRACTOR”) is made and entered into this 2nd day of September, 2025 (“Effective Date”). For purposes of this Third Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONTRACTOR. The capitalized term “Party” may refer to either CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, the CITY and CONTRACTOR are parties to that certain agreement entitled “Contract Services Agreement”, Contract No. 1920 dated as of July 15, 2019, for the performance of certain maintenance services for San Fernando Well No. 7 (hereinafter, the “Master Agreement”) (A true and correct copy of the Master Agreement is attached and incorporated hereto as Exhibit “A”); and
WHEREAS, on April 5, 2021, the Parties executed a First Amendment, Contract No. 1920(a), amending Section 1.3 of the Master Agreement to increase the total annual not-to-exceed from $93,908.64 to a new annual not-to-exceed sum of $120,000 (A true and correct copy of the First Amendment is attached and incorporated hereto as Exhibit “B”); and WHEREAS, at its meeting of August 16, 2021, the City Council of the City of San Fernando (“City Council”) approved Purchase Order No. 12503 (“PO 12503”) to authorize the performance of additional services by CONTRACTOR under the terms of a proposal of CONTRACTOR dated June 30, 2021, and entitled “San Fernando Packaged Well 3 Nitrate Treatment System and Well 7A Controls Upgrade, Envirogen Proposal #24166” (the “2021 Supplemental Proposal”) (True and correct copies of PO 12503 and the 2021 Supplemental Proposal are attached incorporated hereto as Exhibits “C” and “D” respectively); and
WHEREAS, on November 1, 2021, the Parties executed that certain instrument entitled “Addendum to San Fernando Purchase Order 12503”, Contract No. 1920(b) (the “2021 PO Addendum”) amending and repealing certain provisions of PO 12503 (A true and correct copy of the 2021 PO Addendum is attached and incorporated hereto as Exhibit “E”); and WHEREAS, on June 20, 2023, CITY approved payment of CONTRACTOR’s Invoice No. 0013841-IN SUP 2 dated December 23, 2022 authorizing additional equipment off-loading at the project site for a total of $18,700 (“Change Order No. 1”)(A true and correct copy of Change Order No. 1 is attached hereto as Exhibit “F”); and
September 2, 2025 Special & Regular Mtg Page 284 of 600 CONTRACT NO. 1920(d)
2 WHEREAS, the Parties previously expanded the Scope of Services to include certain field engineering services to support CITY’s operation of the Ion Exchange Treatment Systems (Plant 1 and Plant 2 located at 12900 Dronfield Avenue, Sylmar, CA; and WHEREAS, the parameters of the contemplated additional services are set forth in that certain supplement proposal of CONTRACTOR entitled “Service Contract Amendment – Enviorgen Proposal – 25061” dated April 5, 2024 (hereinafter the “2024 Supplemental Proposal”) (A true and correct copy of the 2024 Supplemental Proposal is attached and incorporated hereto as Exhibit “G”); and
WHEREAS, on November 18, 2024, the CITY and CONTRACTOR executed a Second Amendment to the Contract Services Agreement, Contract No. 1920(c), to formally approve and memorialize the extension of the contract for an additional two (2) years commencing as of July 15, 2024, with an option for a two-year extension. The Second Amendment also modified the scope of services further and authorized modifications to CONTRACTOR’s compensation terms (A true and correct copy of the Second Amendment is attached and incorporated hereto as Exhibit “H”);
WHEREAS, Section 2-801 (Special equipment/supplies; sole source purchases) of the San Fernando Municipal Code (“Section 2-801”) and the City’s purchase manual allow the City to limit bidding to a specific product type, or a brand name product in purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions; and
WHEREAS, Section 2-801 further provides that commodities or services that can be obtained from only one (1) vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing city products are exempt from the competitive bidding requirements in Section 2-800 of the San Fernando Municipal Code and are deemed sole source purchases which may include proprietary items sold direct from the manufacturer; and WHEREAS, Section 2-801 further provides that approval of any sole source acquisition shall be obtained from the City Council for an award of a contract for an amount exceeding $25,000.00; and
WHEREAS, the Parties wish to further modify the Master Agreement to purchase specialized and urgently needed equipment which must be purchased through CONTRACTOR given its compatibility with existing equipment and CONTRACTOR’s processes; and WHEREAS, this Third Amendment was approved by the San Fernando City Council at its meeting of September 2, 2025, under Agenda Item No. 9.

September 2, 2025 Special & Regular Mtg Page 285 of 600 CONTRACT NO. 1920(d)
3 NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. For purposes of this Third Amendment, the term “Prior Contract Documents” is a collective reference to the Master Agreement, the First Amendment, the Second Amendment, PO 12503, 2021 PO Addendum, Change Order No. 1 and 2024 Supplemental Proposal. The Prior Contract Documents are attached and incorporated hereto as Exhibits “A” through “H” to this Third Amendment.

SECTION 2. By execution of this Third Amendment, the Parties agree that in addition to all services, tasks and equipment performed and provided by CONTRACTOR under the Prior Contract Documents, CONTRACTOR shall also provide that equipment and related services described and detailed in that certain proposal of CONTRACTOR dated June 17, 2025 and entitled “Proposal for San Fernando Well 2 Nitrate Treatment System – Initial Design and Engineering”, Envirogen Proposal #24572 – Version 2.0 (hereinafter, the “2025 Equipment Proposal”) (the 2025 Equipment Proposal is attached and incorporated hereto as Exhibit “I”).

SECTION 3. CONTRACTOR shall provide the equipment and perform all related services and tasks referenced in the 2025 Equipment Proposal in accordance with the compensation terms set forth under Section 6.0 (Pricing) of the 2025 Equipment beginning at page 8. The foregoing notwithstanding, in no event may CONTRACTOR’s total compensation for providing all equipment and/or performing all equipment, services and tasks under the 2025 Equipment Proposal shall not exceed the aggregate sum of TWO MILLION, SIX HUNDRED THOUSAND DOLLARS ($2,600,000) (the “2025 Equipment Proposal Not-to-Exceed Sum”).

SECTION 4. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Prior Contract Documents, the provisions of this Third Amendment shall govern and control, but only to the extent of the conflict or inconsistency and no further.

SECTION 5. Section 6.18 of the Master Agreement notwithstanding and notwithstanding any other term to the contrary in the Prior Contract Documents, this Third Amendment, together with the Prior Contract Documents constitute the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed in those documents and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Third Amendment.

Signature page to follow
September 2, 2025 Special & Regular Mtg Page 286 of 600 CONTRACT NO. 1920(d)
4 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF SAN FERNANDO ENVIROGEN TECHNOLOGIES, INC.:

By: By:

Kanika Kith, Interim City Manager
Name:

Date:

Title:

APPROVED AS TO FORM Date:

By:

Richard Padilla, City Attorney
Date:

September 2, 2025 Special & Regular Mtg Page 287 of 600 SAN F ER.NANID

CONTRACT SERVICES AGREEMENT
(Contractor: Envirogen Technologies, Inc.)
CONTRACT NO. 1920
(Services: Maintenance Services for San Fernando Well No. 7) THIS CONTRACT SERVICES AGREEMENT ("Agreement") is entered into this 15th day of July, 2019 by and between the CITY OF SAN FERNANDO, a municipal corporation (hereinafter, "City") and ENVIROGEN TECHNOLOGIES, INC., a Delaware corporation (hereinafter, "Contractor"). For the purposes of this Agreement, City and Contractor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Contractor interchangeably.

RECITALS
This AGREEMENT is made and entered into with respect to the following facts:

WHEREAS, City requires operations and maintenance services in connection with the City's ion exchange system for San Fernando Well No. 7; and WHEREAS, Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, Contractor further represents that it is willing to accept responsibility for performing such work in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, this Agreement was approved by the San Fernando City Council ("City Council") at its meeting of July 15, 2019 under Agenda Item 3 .

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

I.

SCOPE AND TERM OF SERVICES AND COMPENSATION

1.1 SCOPE OF SERVICES: Contractor shall perform those services and tasks described under the heading "Scope of Work" on page 2 of that certain proposal of Contractor dated April 10, 2019 and entitled "Envirogen Technologies - Maintenance Service Contract Well No. 7" which is attached and incorporated hereto as Exhibit "A" (hereinafter, the "Scope of Services"). Contractor further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 288 of 600 timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term "Services." This Agreement constitutes an "Order" within the meaning of Section 1 (Definitions) found on page 5 of the Scope of Services. The following provisions of the Scope of Services are hereby deleted and repealed and shall be of no force or effect:
(i) Subsections 3.4 through 3. 7 of Section 3 found on page 6 of the Scope of Services;
(ii) Section 7 found on page 8 of the Scope of Services; (iii) Section 8 found on pages 8 through 9 of the Scope of Services; (iv) Section 9 found on page 9 of the Scope of Services; and (v) Subsections 11.4 through 11.10 found on page 10 of the Scope of Services.

1.2 TERM: This Agreement shall have a term (hereinafter, "Term") of five (5) years commencing from the date the Agreement is signed by all of the Parties (the "Effective Date")

1.3 COMPENSATION: In consideration for Contractor's performance of the Services, Contractor shall be compensated in the lump sum amount of Seven Thousand Eighty-Eight Dollars ($7,088) per month (the "Monthly Not-to-Exceed Sum"), provided however, that the Monthly Not-to-Exceed Sum shall increase automatically by an amount equal to two percent (2%) of the most current Monthly Not-to-Exceed Sum once a year on 15th day of April of each year, commencing April 15, 2020. The foregoing notwithstanding, in no event may the Monthly Not-to-Exceed Sum exceed the sum of Seven Thousand, Eight Hundred Twenty-Five Dollars and Seventy-Two Cents ($7,825.72) during the Term of this Agreement nor may Contractor's total aggregate compensation during any single Contract Year exceed the sum of Ninety-Three Thousand, Nine Hundred Eight Dollars and Sixty-Four Cents ($93,908.64) without the prior approval of the City Council. City may suspend Contractor's performance pending such City Council approval. For purposes of this Agreement, the capitalized term "Contract Year'' means any one-year period of time during the Term of the Agreement commencing from the Effective Date or each anniversary of the Effective Date thereafter.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, Contractor will submit to City an invoice indicating the sums owed for the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred for City-authorized services or tasks that were performed during the recently concluded calendar month that are not included in the Scope of Services. If the amount of Contractor's compensation monthly compensation for City-authorized work performed that is not covered under this Scope of Services is a function of hours worked by Contractor's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the services or tasks, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand 2 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 289 of 600 total for all such services and tasks performed. Within thirty (30) calendar days of receipt of each invoice, City will notify Contractor in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.

1.5 EXTRA WORK; COMPENSATION FOR EXTRA SERVICES: At any time during the term of this Agreement, City may request that Contractor perform Extra Work.

For the purposes of this Agreement, the term "Extra Work" means any additional work, services or tasks not set forth in the Scope of Services but later determined by City to be necessary. Contractor shall not undertake, nor shall Contractor be entitled to compensation for Extra Work without the prior written authorization of the City. Extra Work does not include any labor, materials, tools, supplies, equipment, services, tasks or incidental and customary work undertaken to competently perform and timely complete the Services and related sub-tasks set forth in the Scope of Services.

1.6 ACCOUNTING RECORDS: Contractor shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1. 7 ABANDONMENT BY CONTRACTOR: In the event Contractor ceases to perform the Services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, Contractor shall deliver to City immediately and without delay, all materials, records and other work product prepared or obtained by Contractor in the performance of this Agreement. Furthermore, Contractor shall only be compensated for the reasonable value of the services, tasks and other work satisfactorily performed up to the time of cessation or abandonment, less any deduction for any damages, costs or additional expenses which City may incur as a result of Contractor's cessation or abandonment.

11. PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVES: The City hereby designates the Director of Public Works and the Water Division Superintendent (hereinafter, the "City Representatives") to act as its representatives for the performance of this Agreement; the Director of Public Works shall be the City's chief City Representative. The City Representatives or their designee shall act on behalf of the City for all purposes under this Agreement. Contractor shall not accept directions or orders from any person other than the City Representatives or their designee.
3 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 290 of 600

2.2 CONTRACTOR'S REPRESENTATIVE: Contractor hereby designates Joe Gutierrez, Business Development Manager - West to act as its representative for the performance of this Agreement (hereinafter, "Contractor's Representative").

Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor's Representative or his designee shall supervise and direct the performance of the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. Notice to the Contractor's Representative shall constitute notice to Contractor.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

Contractor agrees to work closely with City staff in the performance of the Services and this Agreement and shall be available to City staff and the City Representatives at all reasonable times. All work or work product prepared by Contractor shall be subject to inspection and approval by City Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: Contractor represents, acknowledges and agrees to the following:

A. Contractor shall perform all work skillfully, competently and to the highest professional standards of Contractor's profession;
B. Contractor shall perform all work in a manner reasonably satisfactory to the City;
C. Contractor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
D. Contractor understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of performance; E. Contractor shall perform all Services under this Agreement in a skillful and competent manner equivalent to, if not greater than, the standard generally recognized as being employed by professionals performing the same services in the State of California;
F. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Contractor; and
G. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this 4 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 291 of 600 Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Contractor shall perform, at Contractor's own cost and expense and without any reimbursement from City, any services or tasks necessary to correct any errors or omissions caused by Contractor's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Contractor's employees, agents, contractors, subcontractors and subconsultants. Such effort by Contractor to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representatives in writing and absolute discretion. The Parties acknowledge and agree that City's acceptance of any work performed by Contractor or on Contractor's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Contractor, including but not limited to the representation that Contractor possesses the skills, training, knowledge and experience necessary to perform the Services in a skillful and competent manner equivalent to, if not greater than, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of Contractor are material to City's willingness to enter into this Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by Contractor or on behalf of Contractor in the performance of this Agreement. In recognition of this interest, Contractor agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of Contractor's duties or obligations under this Agreement without the prior written consent of the City.

In the absence of City's prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services shall be performed by Contractor or under Contractor's strict supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor reserves the right to perform similar or different services for others during the term of this Agreement, provided such work does not unduly interfere with Contractor's competent performance under this Agreement or result in the unauthorized disclosure of City's confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of Contractor are not employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, social security and Medicare payments and the like. Contractor shall be responsible for all reports and 5 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 292 of 600 obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of Contractor's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to Contractor, a threat to persons or property, or if any of Contractor's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by Contractor and shall not be re-assigned to perform any of the Services. In keeping with the indemnification provisions of Article IV, below, Contractor shall indemnify, defend and hold free and harmless City, its elected or appointed officials, officers, employees, agents and volunteers from any claims or liability arising out of the removal of any of Contractor's officers, employees, agents, contractors, subcontractors or subconsultants pursuant to this Section.

2.8 COMPLIANCE WITH LAWS: Contractor shall keep itself fully informed of and in compliance with all applicable laws, statutes, codes, rules, regulations and ordinances of the federal government of the United States of America, the State of California, the County of Los Angeles, the City of San Fernando and any other local governmental entity to the extent such laws, statutes, codes, rules, regulations or ordinances governing or affecting the performance of the Services.

Contractor's compliance with applicable laws shall include without limitation compliance with all Cal/OSHA requirements, and the issuance of all notices required by law. Contractor shall be liable for all violations of such laws, statutes, codes, rules, regulations and ordinances in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, statutes, codes, rules, regulations or ordinances, Contractor shall be solely responsible for all costs arising therefrom. In keeping with the indemnification requirements of Article IV, below, Contractor shall indemnify, defend and hold free and harmless City and City's elected or appointed officials, officers, employees, agents and volunteers from any claim or liability arising out of any failure or alleged failure to comply with such laws, statues, codes, rules, regulations or ordinances.

2.9 SAFETY: Contractor shall perform its work so as to avoid injury or damage to any person or property. In performing the Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Services and the conditions under which any work is to be performed, including but not limited to:

A. Adequate life protection and lifesaving equipment and procedures; B. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or 6 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 293 of 600 lawfully required to prevent accidents or injuries; and C. Adequate facilities for the proper inspection and maintenance of all safety measures.

2.10. NON-DISCRIMINATION: In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.11. INDEPENDENT CONTRACTOR: The Parties acknowledge, understand and agree that Contractor and all persons retained or employed by Contractor are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of City. Contractor shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. Contractor and all persons retained or employed by Contractor shall have no authority, express or implied, to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, City, whether by contract or otherwise, unless such authority is expressly conferred to Contractor under this Agreement or is otherwise expressly conferred by City in writing.

2.12. LABOR CERTIFICATION: Contractor, by execution of this Agreement, certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

2.13. PREVAILING WAGES: Contractor is aware of the requirements of California Labor Code Section 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works contracts." If this is a "public works contract" pursuant to the California Labor Code and if the total compensation is One Thousand Dollars ($1,000.00) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement shall be made available to interested parties upon request, and shall be posted at the Project site. In addition to the indemnification duties set forth under Article IV of this Agreement, Contractor agrees to indemnify, defend and hold free and harmless the City and City's elected and appointed officials, officers, employees, agents and volunteers from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

2.14. WARRANTY AGAINST DEFECTS. Contractor warrants all work done and goods provided under this Agreement shall: (i) meet all conditions of the Agreement; (ii) shall be free from all defects in design, materials and workmanship; and (iii) shall be fit for the purposes intended. If any defects occur within twelve (12) months following acceptance, Contractor shall be solely 7 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 294 of 600 responsible for the correction of those defects.

11. INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: As more specifically set forth below under this Article, Contractor agrees that it shall procure and maintain for the term of this Agreement (and for such extended period of time as may be required under this Article) insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Contractor's performance of this Agreement. Contractor shall also procure and maintain such other types of insurance as may be required under this Article, below. City shall not, and shall be under no obligation to, issue a Notice to Proceed until Contractor has provided evidence satisfactory to City that it has procured all insurance required under this Article Ill (Insurance).

3.2 REQUIRED COVERAGES: Contractor agrees that it shall procure and maintain the following insurance coverage, at its own expense, for the duration for this Agreement or any extended period set forth herein:

A. Commercial General Liability Insurance: Contractor shall procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001). Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability. The general aggregate limit of the CGL Coverage shall either apply separately to the Services to be performed under this Agreement; or the general aggregate limit shall be twice the required occurrence limit;
B. Automobile Liability Insurance: Contractor shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: Contractor shall procure and maintain Workers' Compensation Insurance affording coverage at least as broad as that required by the State of California with Employer's Liability Insurance with minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. The Workers' Compensation insurer shall also agree to waive all rights of subrogation against City and City's elected and appointed officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy. Workers' Compensation insurance shall also provide or be endorsed to provide: There will be no cancellation, suspension, reduction or voiding of coverage without thirty (30) calendar days prior written notice by certified mail, return receipt requested, to City. If any reduction of coverage 8 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 295 of 600 occurs, Contractor shall furnish City with information regarding such reduction at Contractor's earliest possible opportunity and in no case later than five (5) calendar days after Contractor is notified of the change in coverage. Any failure to comply with reporting or other provisions of the policy, including breaches of warrants, shall not affect the coverage provided to City and City's elected or appointed officials, officers, employees, agents or volunteers.

D. Error & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, Contractor shall procure and maintain Errors and Omissions Liability Insurance appropriate to Contractor's profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.

3.3 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the City and City's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.4 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers, who according to the latest edition of the Best's Insurance Guide have an A.M. Best's rating of no less than A:VII. City may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide.

As to Workers' Compensation Insurance/ Employer's Liability Insurance, the City Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.5 DISCLOSURE OF DEDUCTIBLES AND SELF-INSURED RETENTIONS: With respect to all varieties of insurance required under this Article, all deductibles and self-insured retentions shall be declared to and approved by City. City, at its option and in its sole and absolute discretion may require that: (i) the insurer reduce or eliminate such deductibles or self-insured retentions as respects City and City's elected or appointed officials, officers, employees, agents and volunteers; or (ii) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

3.6 NOTICE OF FACTORS DIMINISHING COVERAGE: If any of the required insurance coverages contain aggregate limits, or apply to other operations of Contractor not related to this Agreement, Contractor shall give City prompt, written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords Contractor, City and City's elected and appointed officials, officers, employees, agents and volunteers. Contractor shall also immediately restore such aggregate limits or shall provide other insurance protection for such aggregate limits. City may, at its option, specify a minimum acceptable aggregate for each line of 9 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 296 of 600 coverage required. Contractor shall not make any substantial reductions in scope of coverage which may affect City's protection without City's prior written consent.

3.7 DELINEATION OF EXCLUSIONS ADDED BY ENDORSEMENT: All policies of insurance required under this Article shall delineate exclusions added by endorsement. The Parties acknowledge and agree that the purpose of this provision is to enable the Parties to easily identify material limitations in the scope of coverage afforded under each policy of insurance.

3.8 SEPARATION OF INSUREDS; NO SPECIAL LIMITATIONS: All varieties of insurance required under this Article shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to City and City's elected or appointed officials, officers, employees, agents or volunteers.

3.9 PRIMACY OF CONTRACTOR'S INSURANCE: All polices of insurance provided by Contractor shall be primary to any coverage available to City or City's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by City or City's elected or appointed officials, officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute with it.

3.10 WAIVER OF SUBROGATION: No policy of insurance or endorsement thereto that is procured by Contractor pursuant to this Article shall allow (either expressly or by the omission of any express prohibition) any insurance carrier to seek subrogation from City or City's elected or appointed officials, officers, employees, agents or volunteers for any sums paid by the insurance carrier on behalf of Contractor or Contractor's subcontractors or subconsultants or on behalf of City or City's elected or appointed officials, officers, employees, agents or volunteers.

All policies of insurance required under this Article shall contain provisions waiving or shall be endorsed to waive any subrogation rights or other like rights of recovery by the insurance carrier against City or City's elected or appointed officials, officers, employees, agents and volunteers for any sums paid on behalf Contractor or Contractor's contractors, subcontractors or subconsultants or on behalf of City or City's elected or appointed officials, officers, employees, agents or volunteers by the insurance carrier. The City Representatives may waive this requirement as to CGL Coverage but only upon Contractor's delivery to City of endorsements demonstrating that City and City's elected or appointed officials, officers, employees, agents and volunteers have been named as additional insureds under the CGL Coverage.

3.11 VERIFICATION OF COVERAGE: Contractor acknowledges, understands and agrees, that City's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding City's financial well-being and, indirectly, the collective well-being of the residents of the City of San Fernando. Accordingly, Contractor warrants, represents and agrees that it shall furnish City with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to City in its sole and absolute discretion. The certificates of insurance and 10 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 297 of 600 endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates of insurance and endorsements shall be received and approved by City as a condition precedent to Contractor's commencement of any work or any of the Services. Contractor shall also provide City with certified copies of all required insurance policies as a condition precedent to the commencement of any work or any of the Services.

City shall not, and shall be under no obligation to, issue a Notice to Proceed until Contractor fully complies with this Section. The requirements of this Section cannot be waived and any attempted waiver shall be void, invalid and nonbinding upon City.

3.12 NOTICE OF TERMINATION: All policies of insurance required by this Agreement shall contain an endorsement providing that notice of cancellation will be provided to the City by Envirogen as soon as reasonably practical. Contractor agrees to require all its insurers to modify the certificates of insurance to delete any exculpatory wording stating that the failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

3.13 FAILURE TO ADHERE TO INSURANCE PROVISIONS: In addition to any other remedies City may have under this Agreement or at law or in equity, if Contractor fails to comply with any of the requirements set forth in this Article, City may, but shall not be obligated to: (a) Order Contractor to stop any and all work under this Agreement or withhold any payment, which becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; or (b) terminate this Agreement. City's exercise of any of the foregoing remedies, shall be in addition to any other remedies City may have and is not the exclusive remedy for Contractor's to failure to comply with the insurance requirements set forth under this Article.

3.14 SUBCONTRACTORS INSURANCE COVERAGE: Contractor shall include all persons and entities performing work on its behalf as insureds (including all contractors, subcontractors and subconsultants) or, in the alternative, shall furnish separate certificates of insurance and endorsements for each such persons or entities evidencing their independent procurement of insurance. All coverages for such persons or entities shall be identical to the requirements imposed upon Contractor under this Article.

3.15 NO LIMITATION ON LIABILITY: Contractor's procurement of insurance shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's indemnification duties set forth under Article V of this Agreement.

IV.

INDEMNIFICATION

4.1 The Parties agree that City and City's elected and appointed officials, officers, employees, agents and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, 11 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 298 of 600 attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide City and City's elected and appointed officials, officers, employees, agents and volunteers with the fullest protection possible under the law.

Contractor acknowledges that City would not enter into this Agreement in the absence of Contractor's commitment to indemnify, defend and protect City as set forth herein.

4.2 To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Contractor or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.

4.3 City shall have the right to offset against the amount of any compensation due Contractor under this Agreement any amount due City from Contractor as a result of Contractor's failure to pay City promptly any indemnification arising under this Article and related to Contractor's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of Contractor under this Article will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents and volunteers.

4.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Contractor's subcontractors or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.

4.6 City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not 12 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 299 of 600 any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4. 7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

4.8 Anything in this Article 4 or elsewhere in this Agreement notwithstanding, any liability of contractor under the order shall not exceed $1,000,000.

V.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: City may terminate this Agreement for convenience and without cause or penalty at any time upon the issuance of thirty (30) days prior written notice to Contractor. Upon termination, Contractor shall be compensated only for that Services which have been satisfactorily rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for breach of this Agreement. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined in Section 7.1 below, and other information of any kind prepared by Contractor in connection with the performance of the Services. Contractor shall be required to provide such documents and other information within fifteen (15) calendar days of the request. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, Services similar to those terminated.

5.2 DEFAULT, BREACH AND TERMINATION IN THE EVENT OF BREACH: In the event either Party fails to perform, or adhere to, any applicable duty, obligation or standard of conduct set forth under this Agreement (or fails to perform or adhere to any such duty, obligation or standard of conduct at the time, place or manner set forth in this Agreement), an event of default (hereinafter, "Event of Default") shall have occurred. Except as otherwise provided in this Agreement, if an Event of Default remains uncured by the defaulting Party for a period in excess of fourteen (14) calendar days from the date upon which the non-defaulting Party issues notice of default (hereinafter, a "Default Notice") to the defaulting Party, then the default shall constitute a breach of this Agreement. If a Party is in breach of this Agreement, the non-breaching Party may pursue any and all remedies available to it at law or in equity. If Contractor is in breach (whether or not such breach is caused by Contractor or Contractor's officials, officers, employees, agents, contractors, subcontractors or subconsultants, City may, in its sole and absolute discretion (and without obligation), terminate this Agreement upon the issuance of five (5) calendar days prior written notice of termination on the grounds of breach (a "Breach-Termination Notice"). City's ability to terminate this Agreement as provided in this Section, shall be in addition to any other remedies City may have at law or in equity in the event of breach and shall not be in lieu of such other remedies.
13 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 300 of 600

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 CONFIDENTIALITY: Contractor and Contractor's agents, subcontractors and employees in the course of their duties may have access to information and data concerning sensitive City infrastructure and other information of a confidential nature. Contractor covenants that all data, documents, discussions, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization of the 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. Contractor's covenants under this Section shall survive the termination of this Agreement.

6.2 OWNERSHIP OF DOCUMENTS; PUBLIC RECORDS ACT DISCLOSURE:

A. All reports, documents, information, findings and data including but not limited to, digitally or electronically stored computer data, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. 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 Contractor. Contractor shall deliver to City any reports, documents, information, findings and data, in any form, including but not limited to, digitally or electronically stored files, tapes, discs, data, audio tapes or any other Services-related items as requested by City at no additional cost.

B. Contractor is advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, digitally or electronically stored files, tapes or discs, furnished or prepared by Contractor, or any of Contractor's subcontractors or subconsultants, pursuant to this Agreement and provided to City may be subject to public disclosures as required by the California Public Records Act (California Government Code Section 6250 et seq.)(the "Public Records Act"). All proprietary and other information received from Contractor by City, whether 14 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 301 of 600 received in connection with Contractor's s initial proposal to City or in connection with any work or services performed by Contractor under this Agreement, will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act (Government Code Section 6250 et seq.); provided, however, that, if any information is set apart and clearly marked "trade secret" or "proprietary" when it is provided to City, City shall give notice to Contractor of any request for the disclosure of such information. The Contractor shall then have five (5) days from the date it receives such notice to enter into an agreement with the City, satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff's attorney fees) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. The Contractor shall have sole responsibility for defense of the actual "trade secret" or "proprietary" designation of such information. The Parties understand and agree that any failure by Contractor to respond to the notice provided by City and/or to enter into an agreement with City, in accordance with the provisions of this subsection, above, shall constitute a complete waiver by Contractor of any rights regarding the information designated "trade secret" or "proprietary" by Contractor, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.

6.3 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONTRACTOR:

Envirogen Technologies, Inc.
2627 Chestnut Ridge Road, Suite 260
Kingwood, TX 77339
Tel: 877.312.8950
Fax:909.980.4732
CITY:

City of San Fernando
Public Works Department
San Fernando City Hall
117 Macneil Street
San Fernando, CA 91340
Attn: Public Works Water
Superintendent
Phone: 81 8-898-1222
Fax: 818-361-6728
E-mail: [email protected]
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepared and addressed to the Party at its applicable address.

6.4 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
15 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 302 of 600

6.5 SUBCONTRACTING: Contractor shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without the prior written approval of City. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.6 CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS: City reserves the right to employ other contractors in connection with the various projects worked upon by Contractor.

6.7 PROHIBITED INTERESTS: Contractor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement.

Further, Contractor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.8 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.9 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.10 ATTORNEY'S FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action.

6.11 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.12 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.13 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in 16 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 303 of 600 favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.14 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.15 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.16 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.17 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto (including the Scope of Services), the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.

6.18 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between City and Contractor prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.

6.19 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to Contractor, one counterpart shall be delivered to the City Clerk for the City of San Fernando and one counterpart shall be delivered to the City. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.15, above.
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17 September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 304 of 600 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF SAN FERNANDO, a municipal
:~porjtg M
Name: • v.J i'uk. J:/" ~ Q. / ;
Title: (,~ #'hr\4~A.c
Date: 8'( 7lijf
APPROVED AS TO FORM:

By~
Richard Padilla
Asst. City Attorney
Date: --------------
18 ENVIROGEN TECHNOLOGIES, INC.

Name:_~~~~ _ _ :_\_~~ / __
Title: Y rt:-s i l c:.,v'\ + -----------
Date: __ 1-+-/_1 o_)__, 1 j _ _ _ _
September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 305 of 600 EXHIBIT "A"
C,ty of San Fernando Well No. 7 Service Proposal

SCOPE OF WORK
Envirogen will continue O&M responsibilities for the San Fernando Well No.7 water treatment system in accordance with the service provisions in the existing contract. The scope of work to be provided will consist of the following:

1. Provide required routine and preventative maintenance and repairs of the treatment System. Scope includes onsite visits by service technician up to six (6) times per month.

2. Recommend consumables required for the proper operation of the treatment unit to treat the raw water.

3. Provide necessary calibration of all Envirogen provided instruments and analyzers.

4. Respond to maintenance and consult on operation issues, {24) hours per day, (7) days a week within the following response time breakdown
a. Phone Call Response Time: 4 hours
b. Non Critical Service Call Response Time: 24 hours
c. Critical Service Call Response Time: 12 hours
d. Unit Repair Request Call Response time: 36 hours
e. Service visits outside of normal business hours will incur additional costs per rate sheet attached. Normal business hours as follows:
i. Monday to Friday 8:00 am to 5:00 pm.

5. Participate in meetings, correspondence and other interactions with regulatory agencies associated with the treatment unit as reasonably requested by the City

6. Provide recommendations to the City to maintain efficient operation of the treatment equipment.

7. Remotely monitor the Treatment System via email updates and automated, phone-based communication .

8. Supply appropriately qualified and certified personnel who will assist in operating the treatment system as required by applicable law and in accordance with the Governmental Approval and manuals and instructions provided by Envirogen as part of the equipment sale.

9. Envirogen's operations team will maintain a log book and O&M reading sheets at the treatment system that summarizes all O&M activities.

Reference Proposal No 23801 Page 2
September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "A" Page 306 of 600 CONTRACT NO. 1920(a)
2021

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Envirogen Technologies, Inc. – Maintenance Services for San Fernando Well No. 7) THIS 2021 FIRST AMENDMENT (“First Amendment”) to that certain agreement entitled “Contract Services Agreement – Envirogen Technologies, Inc. – Maintenance Services for San Fernando Well No. 7” originally executed 15
th day of July, 2019 by and between the CITY OF SAN FERNANDO, a municipal corporation and general law city (“CITY”) and ENVIROGEN TECHNOLOGIES, INC., a Delaware corporation (hereinafter, “CONTRACTOR” is made and entered into this 5 th day of April, 2021
(“Effective Date”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONTRACTOR. The capitalized term “Party” may refer to either CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, the Parties executed and entered into an employment agreement dated July 15, 2019 and entitled “Contractor Services Agreement – Envirogen Technologies, Inc. – Maintenance Services for San Fernando Well No. 7”, Contract No. 1920 (hereinafter, the “Master Agreement”); and WHEREAS, the Parties now wish to modify the Master Agreement further for purposes of modifying the Master Agreement’s compensation terms; and WHEREAS, execution of this First Amendment was approved by the San Fernando City Council (“City Council”) at its Regular Meeting of April 5, 2021.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. The Not-to-Exceed Sum as defined under Section 1.3 of the Master Agreement is hereby amended to mean and refer to the sum of the CONTRACTOR’s total aggregate compensation in any single contract year as ONE HUNDRED and TWENTY THOUSAND Dollars ($120,000.00).

SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling and in full force and effect. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall govern and control, but only in so far as such provisions conflict with the Master Agreement and no further.

DocuSign Envelope ID: 1EBBE4F3-2222-45F6-8CD3-D709099EA1DE September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "B" Page 307 of 600 CONTRACT NO. 1920(a)
2 SECTION 3. The Master Agreement as amended by way of this First Amendment, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this First Amendment. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to the Master Agreement as amended by this First Amendment shall be valid and binding unless in writing and duly executed by the Parties in the form of a written contract amendment.

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY:

City of San Fernando
By:___________________________________
Nick Kimball
City Manager
Date:_________________________________

APPROVED AS TO FORM
By:__________________________________
Richard Padilla
Assistant City Attorney
Date:

CONSULTANT
Envirogen Technologies, Inc.

By:_____________________________

Name:___________________________
Title:____________________________
Date:_____________________________
DocuSign Envelope ID: 1EBBE4F3-2222-45F6-8CD3-D709099EA1DE 04/06/2021 | 6:51 PM EDT
04/06/2021 | 3:26 PM PDT
VP Service and O&M
04/07/2021 | 5:02 AM PDT
Ryan Sullivan
September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "B" Page 308 of 600 DATE
117 Macneil St. San Fernando,California 91340
Telephone: (818) 898-1200

PO NUMBER

SUBTOTAL
TAX

FREIGHT
TOTAL
Quantity Unit Description Unit Price Ext. Price
BILL TO:

VENDOR: SHIP TO:

FOB Point:

Terms:

Req. Del. Date:

Special Inst:

Req. No.:

Dept.:

Contact:

Confirming?

AUTHORIZED SIGNATURE PURCHASING AGENT (FINANCE)
PW-00444
12503

PUBLIC WORKS DEPARTMENT

ENVIROGEN TECHNOLOGIES INC
DEPT 32
P.O. BOX 4346
HUSTON, TX 77210-4346

THIS IS A REVISED PURCHASE ORDER

1.00 ION EXCHANGE SYSTEM WELL 3 AND SIM PACK 1,408,000.0000 1,408,000.00 CONTROL UPGRADE FOR WELL 7A

1.00 SUPPLY OF NITRATE SELECTIVE RESIN 76,000.0000 76,000.00 Proposal No. 24166
6/30/2021

1.00 PREPARATION OF A TECHNICAL AND 16,000.0000 16,000.00

OPERATION REPORT
8/26/2021

CITY OF SAN FERNANDO
117 MACNEIL
SAN FERNANDO, CA 91340
AP Net 30 days

BAUMGARDNER, MATT
No

890401 FINANCE DEPARTMENT

FINANCE DEPARTMENT
117 MACNEIL STREET
SAN FERNANDO, CA 91340
1,652,110.00

0.00 1,500,000.00

CITY OF SAN FERNANDO

VENDOR COPY
152,110.00
Transportation Charges Must be Prepared on All Purchase Where F.O.B. Point is Other Than San Fernando, CA Unless Specifically Othewise Authorized.

This order is given upon the representation and guaranty of the manufacturer or seller that no breach of any State or Federal Law or Regulation has occurred in connection with the manufactoring , processing, branding labeling or transportation of the merchandise herein mentioned. If such breach occurs or is charged by any legally constitued State or Federal authority , the buyer shall be entitled to rescind the order and return the unused merchandise and shall also be held by the manufactuer or seller against any penalty incurred and/or cost of defense of any proceeding designed to penalize the buyer therefore.

IMPORTANT: OUR PURCHASE ORDER NUMBER MUST APPEAR ON EVERY INVOICE AND PACKAGE CONTRACT NO. 1920(d)
EXHIBIT "C"
27 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 309 of 600 •• ••
•
••
• • ENVIROGEN •

TECHNOLOGIES
•
A Lifecycle Performance Company
SAN FERNANDO PACKAGED WELL 3

NITRATE TREATMENT SYSTEM

CITY OF SAN FERNANDO PROPOSAL
6/30/2021
Envirogen Proposal# 24166
877-312-8950
2627 Chestnut Ridge Rd, Suite 260, Kingwood, TX 77339
P.O. Box 5419, Kingwood, TX 77325-5419 www.envirogen.com CONTRACT NO. 1920(d)
EXHIBIT "D"
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TABLE OF CONTENTS

1.0 PROJECT SUMMARY AND APPROACH ...................................................................................... 2

1.1 INTRODUCTION ..................................................................................................................... 2

1.2 PROPOSED APPROACH AND NEEDS ...................................................................................... 2

2.0 TECHNICAL OVERVIEW .............................................................................................................. 3

2.1 PACKAGED ION EXCHANGE SYSTEM ..................................................................................... 3

3.0 DESIGN, SCOPE AND MANAGEMENT ....................................................................................... 5

3.1 ION EXCHANGE SYSTEM EQUIPMENT ................................................................................... 5

3.2 PROJECT ENGINEERING DELIVERABLES ................................................................................. 7

3.3 OVERSIGHT OF SUBCONTRACTED SERVICES ......................................................................... 7

3.4 OPERATING AND MAINTENANCE MANUAL.. ........................................................................ 7

3.5 Equipment Notes & CLARIFICATION ..................................................................................... 7

3.6 FIELD AND TECHNICAL SERVICES .......................................................................................... 8

3.7 CLIENT-FURNISHED ITEMS .................................................................................................... 9

4.0 PRICING ................................................................................................................................... 10

4.1 ION EXCHANGE SYSTEM EQUIPMENT ................................................................................. 10

4.2 TERMS & CONDITIONS ........................................................................................................ 10

4.3 ESCALATION CONCERNS & CLAUSE .................................................................................... 11

5.0 SCHEDULE ............................................................................................................................... 13 June 30, 2021 Page 1
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1.0 PROJECT SUMMARY AND APPROACH

1.1 INTRODUCTION
Envirogen Technologies, Inc. (Envirogen) has prepared this proposal for the design and supply of a SimPACK™ package Ion Exchange system for the City of San Fernando (City), California Well 3.

This proposal was prepared based on the request from the City for an additional system to complement the existing Envirogen SimPACK™ system used for treatment of the City's Well 7A groundwater. In addition, this proposal also describes and incorporates a controls package upgrade for the existing Well 7A SimPACK™ unit.

1.2 PROPOSED APPROACH AND NEEDS
Feed water quality data from 2018 for Well 3 was provided by the City of San Fernando staff on June 16, 2021 in a document entitled "714946-1910143 - San Fernando-City, Water Dept. -2018 Gen Min., Gen Phy. & ln-Org. (LR)." Currently, the City has one existing SimPACK treatment system at Well 7A. In the future, the City intends to blend the combined water sources from Well 3 and Well 7A, treating the combined nitrate concentration using the two SimPACK systems (existing and new). The ratio of water flow from each well is still being determined, but Well 3 has higher concentrations of nitrate (and many of the other water chemistry parameters) compared to Well 7A. Hence, Envirogen has designed the Well 3 treatment system assuming these higher Well 3 water quality parameters will require treatment (as provided in Tables la and lb).

Table l a - Influent and Target Effluent Concentrations Analyte Units Influent Range Effluent Target
Flow Rate gpm 1,100 1,100
Nitrate (as N) mg/L S14 S8
Table lb - Influent Water Modeling Assumptions
Analyte Units Influent Range
Sulfate mg/L S71
Chloride mg/L S46
Bicarbonate (asHCO3) mg/L S260
Chrome (as Cr VI) µg/L S3.0
Arsenic (Total) µg/L S2.0
TDS mg/L S470
Hardness (as CaCO3) mg/L S330
pH SU 6.7 -7.1
Iron µg/L S880
Manganese µg/L S6.7
Note: Chrome (as Cr VI) was shown to be S3.0 µg/L in 2018. A Well 3 sample should be retested in 2021.

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2 .0 TECHNICAL OVERVIEW
2 .1 PACKAGED ION EXCHANGE SYSTEM
Envirogen's SimPACK ion exchange system allows for continuous on demand treatment with the use of regenerable ion exchange resins. Our automated system controls the flow of water for treatment, as well as regeneration and rinse cycles for exhausted bed vessels, to maintain a set number of beds for treatment of the target contaminant.

The major components of the system include:
• pre-filtration,
• ion exchange (IX) treatment vessels inside an engineered, equipment shelter container, • regeneration system all controlled and monitored by a programmable logic controller (PLC) utilizing Envirogen Sim PACK control logic.

The process begins with raw water, sent from the City's well field, to the pre-filtration unit where suspended solids greater than 5 microns are removed using standard bag-type filters. The prefiltration unit removes a large amount of Total Suspended Solids (TSS) and eliminates the need to backwash the IX vessels.

After being filtered, the water is then sent to Envirogen's Sim PACK IX system where the nitrate is removed using proven IX technology. Envirogen uses a multi-bed design operated in a staggered mode process. The staggered bed is Envirogen's N+3 method which means that all but three of the vessels are online while two vessels are being regenerated and one vessel is in standby. This design provides the system treatment redundancy that is required by the California Water Resources Board (CWRB)-Division of Drinking Water, while producing a consistent effluent water quality that meets the target water quality requirements. Nitrate levels are monitored using an online nitrate analyzer that can measure alternately between the influent and effluent sample points.

Nitrates are exchanged for chlorides on the IX resin. ..

Once a vessel is exhausted and removed from service,
regeneration of the SimPACK system is controlled by
the SimPACK PLC controller that regulates the flow of
the regenerate, a sodium chloride (brine) solution, and rinse water into IX vessel(s). The concentrated (26%)
brine is injected into the bottom of the IX vessel using a brine pump. Dilution water is injected into the IX
vessel to reduce the brine concentration to
approximately 12%. The brine is applied in countercurrent process and is cascaded across two vessels to use the chloride ions most effectively in the solution.

Once the regeneration process is complete, the vessels are rinsed using the treated effluent June 30, 2021 Page 3
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water in a cascading arrangement to minimize waste. The rinse water is partially recovered and used as make-up water for the brine tank. The remaining rinse water, along with the brine waste, is sent to the waste equalization tank. All steps in the regeneration process are designed to minimize waste generation. The actual daily volume of waste will be determined based on the final process set points and treatment system utilization.

The SimPACK system is controlled and monitored using a PLC controller accessed via a human machine interface (HMI) panel located inside the system container. The PLC monitors all key performance criteria, including nitrate levels, and provides all system notifications and alarms. In the event of a process issue or equipment failure, the PLC triggers an alarm, which can trigger a well(s) shutdown, ensuring that water quality is always maintained. The PLC is also capable of being remotely monitored and can be tied into the customer's
SCADA system if desired. This system allows for minimal operator interaction for general operational conditions.

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3.0 DESIG N, SCOPE AND MANAGEMENT
Envirogen's proposed scope of supply is outlined below.

3.1 ION EXCHANGE SYSTEM EQUIPMENT
City of San Fernando
Envirogen will design, manufacture, and supply a packaged Ion Exchange system with support equipment for the treatment of well water as noted in Table la above. Table 2 below summarizes the major equipment included in Envirogen's proposed scope of supply.

Table 2. - M ajor Equipment List
Description of Item Qty
Description
(or equal)
Pre-Filter Skid Assembly 1 Rosedale or
Flange Common Inlet/Outlet Manifold, 304 Stainless Steel Equal Ten (10)- #2. bag filter housing, each with
304 Stainless Steel Construction
Swing Bolt Quick Release Covers with Vent port
Isolation and Drain Valves
Epoxy Coated Steel Skid Frame
Sim PACK Ion Exchange System 1 Envirogen
8' -0" x 53'-0" Modified shipping container as Equipment Shelter 10- 048" X 72." FRP IX vessels
Motor operated Flow Valve for Flow, Regen and Rinse Control Internal Piping & Manifolds - Sch80 PVC
600 ft3 of Strong Base Gel Anion Resin (Certified NSF-61) Main System PLC based Control Panel.

NEMA 4 Wall Mount Enclosure
10" Color Touch Screen HMI
Uninterruptable Power Supply for PLC, HMI and Comms
Ethernet connection for plant integration
Nitrate Sensor and Analyzer
Miscellaneous, Instruments and transmitters for process measurement and control.

Brine pump and filter assembly
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Table 2 - Major Equipment List
Description of Item Qty Description
(or equal)
Briner Maker Tank Assembly, 42 Ton 1 Envirogen
Nominal 9,100 gallon
12' 0" 0 x 12'-11" Rotational Molded HDXLPE Tank, SG 1.35 Natural Translucent Color
Salt Fill Tube with Floor Stand, 304 Stainless Steel
Tank Vent with Dust Bag Filter and Stand
Seismic restraint assembly
Miscellaneous process level control/ transmitters
SimPACK Control System Upgrade for Existing Well 7A unit 1 Envirogen This upgrade includes:

One (1) Replacement Main Control Panel PLC with HMI
Wall Mountable NEMA 4 Enclosure
Allen Bradley Based PLC Control System
Allen Bradley Touch Screen HMI
Eight (8) Bed Control Panel Upgrades
Wall Mountable NEMA 4 Enclosures
Remote 1/0 Modules with Ethernet Connections
Terminal Strips for Valve Wiring Connections.

OPTION 1 1 Envirogen
600 ft3 of Nitrate Selective Resin (Certified NSF-61)
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3.2 PROJECT ENGINEERING DELIVERABLES
The engineering deliverables for the system will include the following documents:
• General Arrangement Drawings
• Detailed Process Specification
• Process Flow Diagrams
• Piping and Instrumentation Diagrams
• Utility Requirements
• General Process Piping Layouts
• Schematic Wiring Diagrams
• Project Schedule

3.3 OVERSIGHT OF SUBCONTRACTED SERVICES
Envirogen will have oversight of various subcontracted services. Responsibilities will be to ensure the quality of the work and that the required schedules are maintained. The following subcontracted services will be managed:
• Pre-manufacturing of components
• Skid assembly
• Equipment inspections (prior to delivery)

3.4 OPERATING AND MAINTENANCE MANUAL
Equipment manuals as well as data and specifications will be compiled into binders. One electronic copy of the final O&M Manual will be delivered in final form no later than 120 working days after process startup. The O&M Manuals will include the following sections:
• Table of Contents
• Operating and Maintenance instructions
• Copies of Equipment Layout Drawings with record comments • Detailed process description
• Copy of the "Bill of Material"
• Copies of component equipment O&M manuals supplied by the manufacturer. • Recommended Operator Log Sheet
3 .5 EQUIPMENT NOTES & CLARIFICATION
• The proposed unit is a modern-day equivalent of the existing SimPACK treating Well 7A water. Although the physical configuration of the unit is different, the unit will have the same general process and functionality as the existing unit. • All material in contact with the water shall be food grade or NSF 61 compliant. • All commodity items (valves, motor driven equipment, instruments, equipment skids, etc.) will be manufacturer's standard or as stated in catalog cuts. • All motors will be TEFC.

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• All items located inside the Sim PACK Equipment Shelter will be piped and wired together for ease of installation at site. Connections to external wiring or piping shall be done by installing contractors.
• The Supplied Uninterruptable Power Supply (UPS) is design to provide power to just the PLC, HMI and network communication. It does not supply power to outputs external instruments or valves.
• The Pad for the installation of the Sim PACK unit should be flat and level. Shimming of the container may be required to ensure the container frame sits proper and square. • The Control System Upgrade only includes the supply of the control panels. Removal of the existing main panel and bed control panels, as well as the installation and wiring to the existing unit shall be by the installing contractor. Envirogen will provide site supervision for this activity, with one person on site for up to ten (10) man-days. • Motor selection will be by the equipment manufacturer based on the performance requirements of the equipment. For pumps, motors will be sized for end of curve horsepower rating.
• PLC, HMI and 1/0 modules will be Allen Bradley. Ethernet communication will be AB TCP/IP protocol.

3.6 FIELD AND TECHNICAL SERVICES
This proposal includes the following for Technical Support for assistance during installation, review of installation, and start-up. All services to be provided during normal business hours Monday thru Friday between 7am and 3pm.

Envirogen has included time for One (1) Technician for up to two (2) trips for five (5) days each for a total of ten (10) days onsite. We estimate the trips to involve the activities:
• Mechanical installation check-out
• Supervision of initial loading of media (by others)
• Start-up support assistance
• Operator training, 1 session 4 hours
Any additional services or time, if requested by the Owner or contractor, shall be invoiced based on Envirogen's published or prevailing rates. Expenses associated with any additional Envirogen labor including travel, will be invoiced at Cost plus 15%.

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3.7 CLIENT-FURNISHED ITEMS
• Coordination of information that may impact Envirogen's ability to fulfill its obligations as set forth in this Proposal and attachments hereto. • All required permits including construction and environmental permits. • Space for storage and on-site equipment staging.
• Site security fencing, lighting, safety, and fire prevention equipment (eyewash, showers, fire extinguishers, etc.).
• Design and Construction of a concrete foundation for the supplied equipment • Offloading of all equipment upon arrival at the site. • Installation of the Envirogen supplied system including interconnecting piping and electrical, as well as loading of media.
• Designated area for equipment installation.
• Site piping to and from the individual system equipment limits. • Supply and hook-up of electrical power feed, 3 phase 460 volt and single phase 120- volt systems.
• Provide influent feed water flow meter to each IX treatment unit. • Provide for wiring of customer-supplied influent water flow meter to provide a signal to each IX treatment unit.
• Initial disinfection and associated testing prior after installation. • Salt/ Brine supply for start-up and post start-up operations. • Provide information and definition of site hazardous area classification. • Piping insulation or freeze protection (if required). • Connection and integration to Plant SCADA or RTU system. • Performance Testing equipment rental and analytical services. • Provide for Contractor to perform system hydro test and any necessary repairs, to perform disinfection and obtain necessary permitting of system prior to performance testing, and labor required to correct deficiencies in the installation of the equipment during acceptance and performance testing.
• Provide flow-to-waste capability and disposal of water, chemical and other waste produced during start-up, testing and demonstration of the treatment system. • Provide all necessary well pump controls for staging, sequencing, blending controls and interface with SimPACK unit.
• Provide necessary piping, valves and equipment to limit feed pressure to less than 150 psi and to protect the Sim PACK unit from damage as the result of over-pressurization, surge and water hammer.
• Provide necessary equipment to maintain a minimum of 35 psi backpressure on the discharge side of the Sim PACK unit.
• Characterize waste profile of generated brine.
• Prepare and submit CWRB-DoD permit package.
• For the Well 7 A Control Package Upgrade Scope, removal and disposal of existing Control panels from Well 7A unit.

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4 .0 PRICING

4.1 ION EXCHANGE SYSTEM EQUIPMENT
The pricing for the Scope of Work and Equipment in Section 3 is:

Ion Exchange System Well 3 and SimPACK Control Upgrade for Well 7A ........ $1,408,000.00 Option 1 (Adder)- Supply of Nitrate Selective Resin ............................................. $76,000.00

4.2 TERMS & CO NDITIONS
• This proposal is valid for 30 days.
• Payments are NET 30 from invoice issuance.
• Except as otherwise noted herein, this price(s) stated does not include any sales, use, excise or similar taxes, fees, permit costs, etc.
• Pricing provided includes delivery as DAP (INCO 2013) job site. • Envirogen Standard Terms and Conditions shall apply (See Appendix A). • This Proposal/Offer and its appendices must be attached to or incorporated by reference in any purchase/change order
• Payment Milestones shall be as shown in Table 3.
• Refer to Section 4.3 for escalation clause requirements.

June 30, 2021
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Table 3 - Payment Milestones
Percent of
MIiestone i Event Contract Value
1 Upon Submittal of the Project-Specific Drawings 30% Submittals will occur in stages and will be invoiced as 1) Process Submittal -10%
2) Mechanical Submittal - 10%
3) Electrical Submittal -10%
One invoice will be submitted as each submittal occurs. 2 Upon the Issuance of Major Equipment Purchase Orders 35% This milestone shall be invoice upon presentation of unpriced copies of Envirogen's Purchase orders for major Component (Container, Vessels, Controls Panels and Resin) to be supplied.

One invoice will be issued for this milestone.
3 Upon the Notification to Ship Equipment 30% This milestone shall be invoiced Upon the earlier of (i) Shipment of the Equipment or (ii) 30 calendar days following the date buyer is notified the equipment is ready to ship.

This invoice may be prorated based on the equipment shipped or available to ship.
4 Upon Commissioning of System 5% This milestone shall be invoiced upon the earlier of (i) successful commissioning/start-up of the system, or (ii) 60 calendar days following the installation of the equipment or (iii) 120 calendar days following the date that Envirogen provides notice that the major equipment was ready to ship.

4.3 ESCALATION CONCERNS & CLAUSE
Due to the current market volatility, at any time before client release for fabrication, the price of materials significantly increases, through no fault of Envirogen, the price (for the Ion Exchange System) shall be equitably adjusted by an amount reasonable and necessary to cover such increase. As used herein, a significant price increase shall mean any increase in price equal to or exceeding 3% experienced by Envirogen from the date of this proposal.

Escalation of Envirogen's price shall apply in the event of an increase in prices of metals, metal products, PVC products and Fiberglass Reinforced products as measured by the following indices:

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1. Index: PPI Commodity data for Metals and metal products-Hot rolled steel bars, plates, and structural shapes, not seasonally adjusted.

Issuer: Bureau of Labor Statistics/ United States Department of Labor.

Series ID: WPU101704
http://data.bls.gov/timeseries/wpu101704

2. Index: PPI Commodity data for Plastics Material and Resins Manufacturing, not seasonally adjusted.

Issuer: Bureau of Labor Statistics/ United States Department of Labor.

Series ID: PCU
https://data.bls.gov/timeseries/PCU325211325211
Envirogen's price shall be adjusted upward, if there is an increase in price equal to or exceeding 3% and the increase shall be measured using the formula and indices from the base date of this proposal. The increase shall be calculated as:
[PO value * .85 * ((16% * Metals lndexpo/Metals lndeXProp) + (40% * Plastics lndexpo/Plastics lndeXProp))] - (PO value * .85)
Where:
• 16% is the percentage of the total proposed value represented by the affected metal products. • Metals lndexpo is the Metals index value for the month of release of purchase orders to suppliers.
• Metals lndexProp is the Metals index value for the month of this proposal. • 40% is the percentage of the total proposed value represented by the affected plastic products. • Plastics lndexpa is the Plastics index value for the month of release of purchase orders to suppliers.
• Plastics lndeXProp is the Plastics index value for the month of this proposal.

No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless Envirogen's failure to deliver or perform according to the delivery schedule results from causes beyond Envirogen's control and without its fault or negligence, within the meaning of the Default clause.

The aggregate of the increases to the contract price made under this clause shall not exceed 10 percent of the original price.

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5.0 SCHEDULE
Envirogen will engineer and submit required drawings as shown in Table 4 below.

Table 4- Estimated Schedule
Task Milestone Estimated Dates
Submittal of Engineering Drawing 12 weeks After Receipt of Order Client Review Period 2 Weeks (10 days) After Submittal
Notice of "Ready" to Ship 24-28 Weeks after Submittal Approval Completion of Site Testing/ Startup 1 Week
While drawings are issued for approval, they are intended for informational purposes only.

All drawings will remain the property of Envirogen and may not be used by others for fabrication.

Submittal documentation shall be provided electronically in PDF including the operations and maintenance documentation.

Any request by Client to either accelerate or delay a deliverable date described above for any reason other than an event of force majeure, shall require a mutually acceptable change order pursuant to Section 12.5 of Envirogen's General Conditions attached as Appendix A. Such change order shall include the new schedule of deliverable due date(s) and any price adjustment occasioned by the change in schedule.

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City of San Fernando

APPENDIX A

GENERAL CONDITIONS FOR THE SALE OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC. (ETIGC #180131)

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GENERAL CONDITIONS FOR THE SALE
OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.

ETIGC #180131
The following General Conditions are and shall be an integral part of any Order to which these terms and conditions are attached and/or referenced. In no event shall any term or condition attached to or made part of any purchase order or other contract document issued by Purchaser, or any shipping document or other document associated with the services or Products described in the Order to which these General Conditions apply have any controlling effect whatsoever unless specifically adopted in writing by an authorized representative of both Envirogen Technologies, Inc. ("Envirogen") and Purchaser.

1. Definitions. Throughout these General Conditions or any Order or other document to which they apply, the following words and phrases, when printed with the initial letter capitalized (unless shown below without capitalization}, shall have the meanings ascribed to them below, unless the context requires otherwise:
"Cost" shall mean all expenses incurred by Envirogen for materials, supplies, energy, regulatory permitting, labor, outside contractors and professionals, transportation, supervision, excise, sales and similar taxes. For all purchases of materials, supplies and services, "Costs" shall include an additional ten percent (10%} of the direct expense to reimburse Envirogen for purchasing and accounting activities. Labor charges for Envirogen's personnel will be at rates shown in any Order or attachment, exhibit or schedule incorporated therein. In the absence of any such specification of rate(s}, labor charges for Envirogen's personnel will be at the individual's hourly wage rate (or equivalent} plus forty percent (40%} for employee and group benefits and employee taxes. "Purchaser" shall mean the person or entity purchasing Products or services from Envirogen. "Day" or "day" shall mean a calendar day unless otherwise indicated. "Party" or "Parties" shall mean either Envirogen or Purchaser or both. "Products" shall mean products, equipment, parts, goods, media or materials meeting the description or specifications set forth in the Order.
"Order" shall mean any purchase order, work order, change order, letter agreement or similar contract document issued by Purchaser and accepted in writing by Envirogen or issued by Envirogen and accepted in writing by Purchaser which either references or attaches these General Conditions and/or all attachments, amendments or any ancillary documents to any such contract document.
"Owner" shall mean the ultimate end user of the Product or service where the end user if not the Purchaser. Normally this would occur where the Purchaser is a prime contractor and Envirogen is a subcontractor.

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In addition to the definitions set forth above, embedded within these General Conditions or any Order, there may be additional defined terms which are designated as such in a parenthetical and highlighted with quotation marks.

2. Cooperation of Purchaser. To assist Envirogen in providing Products and/or performing services, Purchaser shall (i) provide Envirogen with all relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with Envirogen when requested, (iii) permit Envirogen reasonable access to relevant Purchaser or Owner controlled sites, (iv) ensure reasonable cooperation of Purchaser's employees and the Owner, and (v) unless a longer period is provided for in the Order, return all drawings or other documents submitted by Envirogen to Purchaser for review, comment and/or approval within a commercially reasonable time following submission not to exceed ten (10) business days. Any failure to return documents within the time prescribed shall be considered a waiver by Purchaser of its right to review and approve or comment on the documents.

3. Price, Costs and Payments.

3.1 Unless otherwise stated therein, the price(s) and charges for Products and/or services specified in any Order are exclusive of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental entity on the sa le, delivery, use or other handling of the Product or service or in connection with any transactions contemplated by the Order to which these General Conditions apply. If any such taxes are incurred by Envirogen, Purchaser shall reimburse Envirogen the amount of such taxes.

3.2 Whenever rates or prices in any Order include transportation or when transportation is charged separately by Envirogen, such rates, prices or charges shall be exclusive of (i) material increases in the cost of transport ation occasioned by significant increases in the costs of fuel or weather, road or access conditions which could not have been reasonably anticipated in advances of pricing the cost of transportation or (ii) any extraordinary or excess demurrage charges incurred by Envirogen from third party carriers which arise from delays or demurrage at the delivery point. Demurrage will be charged to Purchaser except to the extent such demurrage primarily results from the negligence or other fault on the part of Envirogen or its carrier.

3.3 Unless otherwise specifically indicated in the Order, all prices (or other values) in the Order are stated in U.S. dollars and all payments are to be made in U.S. dollars.

3.4 Invoices may be provided to Purchaser, at the option of Envirogen, by mail, delivery service, electronic mail or fax and payments by Purchaser shall, at the election of Envirogen, be made by mail, overnight delivery service or electronic funds transfer. Purchaser shall provide Envirogen with contact information for delivery of invoices.

Invoices shall be due and payable within thirty (30) days of receipt by Purchaser of the invoice. TIME IS OF THE ESSENCE for payment of all fees and charges. Interest on delinquent payments shall accrue until paid at the greater rate of (i) twelve percent (12%) per annum or (ii) the prime interest rate as quoted by the Wall Street Journal plus 500 basis points (adjusted on the first day of each calendar quarter.) In the event that the interest rate described above exceeds the maximum interest rate chargeable under law for such transactions, such maximum legal rate shall apply.

3.5 Should any portion of an Envirogen invoice be disputed by Purchaser, Purchaser will pay the undisputed portion and within the payment period prescribed above shall provide Envirogen with written notice of the disputed portion of the invoice and the reasons for the dispute. In no event shall Purchaser withhold payment of any undisputed portion of a Envirogen invoice based on the set-off of a Purchaser claim against Envirogen or as a back-charge for monies claimed to be owed Purchaser by Envirogen. At the request of Purchaser, Envirogen shall provide Purchaser with a written partial release of statutory liens utilizing Envirogen's standard form which shall be conditioned on actual receipt of payment of a particular invoice.

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reasonably necessary, including, but not limited to, credit limits.

3.7 In the event that Envirogen should incur Costs, including, but not limited to, attorney's fees and collection agency fees, to collect overdue invoices and accounts, Purchaser shall reimburse Envirogen for all such reasonable Costs whether or not litigation has been initiated to collect the overdue account.

3.8 When fees or charges are based in whole or in part on a reimbursement by Purchaser of Envirogen's actual costs, with or without a mark-up, such costs shall be determined at the time of invoicing whether or not the cost has already been paid by Envirogen or has, as of that time, accrued as an expense for purposes of accounting. Any future rebate or credit to Envirogen which may be associated either directly or indirectly with the cost or expense, shall not give rise to a similar rebate or credit from Envirogen to Purchaser.

4. Delivery and Risk of Loss.

4.1 Except as otherwise set forth in the Order, delivery of Product shall be DAP work/installation site (lncoterms 2010).

4.2 Except as otherwise set forth in the Order, Purchaser agrees to take delivery of Product upon notice from Envirogen that the Product is ready for delivery. If for any reason Purchaser is either unable or unwilling to accept delivery, Purchaser shal l be responsible to pay or reimburse Envirogen for all additional Costs incurred for storage, insurance and/or transportation.

4.3 Title to and risk of loss with respect to Products shall pass from Envirogen to Purchaser at the time the Product is delivered to Purchaser. Product shall be deemed to be delivered when the Product has been loaded to Purchaser's carrier or if delivered by Envirogen to Purchaser's or Owner's work site, upon arrival at the work site. (See Section

4.1) Offloading from the Envirogen carrier is the responsibility of Purchaser. Damages to the Product incurred during offloading shall be the responsibility of Purchaser. To qualify for a credit, any shortage or damages (other than those incurred after delivery DAP) to the Product shall be reported in writing to Envirogen by Purchaser within five (5) business days of the date of delivery of the Product.

5. Force Majeure. If Envirogen is rendered unable to perform its obligations under the Order by an event beyond the reasonable control of Envirogen, Envirogen shall not be liable to Purchaser for failure or delay in such performance to the extent that the failure or delay is due to such force majeure event. Force majeure events shall include, but shall not be limited to, war (whether declared or undeclared), fire, flood, lightning, earthquake, hurricane, storm or any other act of God; strikes, lockouts or other labor difficulties; civil disturbances, riots, sabotage, accident not involving fault on the part of Envirogen or explosion; inability to secure necessary fuel, power, equipment, transportation or raw materials and/or any other reason beyond the reasonable control of Envirogen.

6. Warranties. The following warranties are in addition to any other warranties specifically set forth in the Order:

6.1 Products. Envirogen warrants to Purchaser that (i) Envirogen will have title to all Products delivered to Purchaser, free and clear of all liens, encumbrances and security interests, and (ii) that all Product will conform at the time of delivery to the written mechanical product description and/or specifications set forth or otherwise referenced in the Order. In the event of a failure by Envirogen to materially meet the terms of the warranty set forth in this Subsection 6.1, Envirogen, at its own expense, shall remove the defective, non-conforming product and replace it with a like quantity of conforming Product meeting the description or specifications.

6.2 Equipment, Parts and Goods. Except as otherwise provided for in the Order, Envirogen warrants as follows:

A. Equipment and systems which are the subject of the Order shall, when constructed, installed, used, maintained and operated in strict compliance with the plans, specifications and instructions of Envirogen, meet the performance criteria specifically set forth in the Order during the performance testing period described therein.

B. At the time of delivery, equipment and parts will be free from any and all material defects which would reasonably interfere with their use by Purchaser. In the event such defect is reported to Envirogen within twelve (12) months from date of installation of the equipment or part or within fourteen (14) months following delivery by Envirogen, whichever comes first, Envirogen will repair or replace the defective component without charge.

6.3 Services. Envirogen warrants as follows:

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A. In providing services under the Order, Envirogen will comply with all federal, state and local laws.

8. The services to be provided by Envirogen shall be performed utilizing the same generally accepted standards of due diligence, skill, reasonable care and safety ordinarily employed by service providers similarly situated in the same geographic region and at the same time.

C. All Envirogen personnel engaged in providing the services pursuant to the Order (i) shall be appropriately supervised by qualified persons in Envirogen's employ, (ii) shall be appropriately skilled to perform the work to which they are assigned, and (iii) shall have met appropriate licensing and certification requirements of the state in which the service are to be provided.

6.4 Media and Resins. Unless otherwise set forth in the Order, Envirogen warrants that media supplied by Envirogen meets or exceeds Envirogen's specifications for the media and manufacturer's specifications for the media at t he time of shipment.

6.5 Patents. Envirogen warrants that neither its Products nor its services shall infringe upon any patent(s) or copyright{s), or misappropriate or misuse trade secret(s) or other confidential information unless such Product or service is provided in compliance with Purchaser provided specifications. In the event of a default under this patent and intellectual property warranty, upon notice of the default by Purchaser, Envirogen shall obtain on behalf of Purchaser such releases, licenses or other appropriate authorizations as shall be necessary to prevent the infringement,

6.6 ENVIROGEN MAKES NO WARRANTY, EXPRESSED OR IMPLIED, PURSUANT TO THESE GENERAL CONDITIONS,

THE ORDER OR OTHERWISE OTHER THAN AS IS SPECIFICALLY SET FORTH IN THIS WARRANTIES PARAGRAPH AND THE ORDER AND NONE SHALL BE IMPLIED. THE WARRANTIES AND ANY REMEDIES SET FORTH IN THIS WARRANTIES PARAGRAPH AND/OR THE ORDER ARE EXCLUSIVE. THE WARRANTIES ARE GIVEN AND ACCEPTED BY PURCHASER

IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT

LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED BY ENVIROGEN AND WAIVED BY PURCHASER. ANY

REMEDIES PROVIDED FOR IN THIS WARRANTIES PARAGRAPH AND OR THE ORDER ARE IN LIEU OF ALL OTHER REMEDIES AT LAW OR IN EQUITY FOR BREACH OF A WARRANTY.

6.7 Purchaser may assign Envirogen's warranty obligations to the Owner without the consent of Envirogen and shall provide Envirogen with written notice of such an assignment.

7. Indemnification.

7.1 Each Party hereby agrees to defend, indemnify and hold the other Party and their respective partners, affiliates and subsidiaries, and their respective directors, officers, partners, members, employees and agents (collectively "Indemnified Parties"), harmless from and against any and all claims, liabilities, suits, proceedings, judgments, orders, fines, penalties, damages, losses, Costs and expenses (including, without limitation, costs of defense, settlement and reasonable attorneys' fees and expenses) (all of the foregoing herein collectively called "Liabilities"), arising out of (i) the indemnifying Party's negligence or willful misconduct; and, (ii) failure of the indemnifying Party or any of its employees or agents to observe or comply with any of the indemnifying Party's duties or obligations under these General Conditions or the Order, including, without limiting the generality of the foregoing, any failure to observe or comply with any applicable laws, ordinances, codes, orders, rules or regulations; violation or breach of any provision in these General Conditions or the Order including, but not limited to, any warranty for which a remedy is not specified. The foregoing obligations of indemnity will include, but not be limited to, any and all Liabilities for or relating to (i) injury to or death of any person (including, without limitation, employees or agents of the Parties), (ii) damage to or loss or destruction of any property (including, without limitation, property of the Parties, or their respective employees or agents), and (iii) any spill, release or leak of any hazardous substance or waste or any contamination of, injury or damage to or adverse effect on the environment. The indemnifying Party shall be liable, however, only for that percentage of total Liabilities that corresponds to the indemnifying Party's percentage of total negligence or fault as compared to that of the indemnified Party.

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breach of warranty, tort, strict liability, or otherwise and irrespective of whether caused or allegedly caused by either Party's negligence or willful misconduct and none shall be awarded by any tribunal against a Party hereto in favor of a Party hereto; provided, however, that the limitations on liability contained in this Section 7.2 shall not apply to damages which are part of a third party claim for which a Party is claiming an indemnity obligation under this agreement from the other Party and the Party entitled to indemnity protection under this agreement is seeking an indemnity or other relief against the payment of such damages from the Party required to provide such indemnity or other relief. Anything in the Order or these General Conditions notwithstanding, any liability of Envirogen under the Order shall not exceed in the cumulative aggregate, the lesser of the total fee or charges invoiced under the Order or $1,000,000.

8. Confidential Information.

8.1 Purchaser agrees that all information related to Envirogen's systems, services, Products, methods, procedures, techniques, and equipment ("Confidential Information") is and shall remain Envirogen's exclusive proprietary and confidential information, know-how and property. Purchaser agrees to use Confidential Information solely for the purposes set forth in the Order. Purchaser agrees to keep Confidential Information confidential in accordance with the provisions of Section 8.2, and Purchaser shall not disclose, use or exploit for its benefit or the benefit of any third party Confidential Information other than in furtherance of the purpose of the Order. Purchaser shall not reverse engineer, disassemble, chemically or biologically analyze or decompile any Product or other tangible objects which embody Envirogen's Confidential Information.

8.2 Disclosure of Confidential Information may be in tangible form, by electronic media, by visual display or inspection or it may be provided orally. Confidential Information need not be marked "confidential", "secret" or the like. Purchaser shall not use or disclose Confidential Information for any purpose other than as specified in the Order.

Purchaser will use at least the same degree of care to avoid disclosure or unauthorized use of Confidential Information as Purchaser uses with respect to its own confidential information, but in no event less than a reasonable standard of care. Purchaser shall require in writing that the Owner agree to be contractually bound to Envirogen by the provisions of this Section 7 .2. Envirogen may seek injunctive relief to enforce its rights under this Section without any requirement of proving irreparable injury. Confidential Information does not include the following: (a) information which prior to receipt by Purchaser was either generally available to the public or in Purchaser 's possession free of any restrictions on its use or disclosure from a source other than Envirogen; or (b) information which after the receipt thereof by the Purchaser either becomes available to the public through no fault of Purchaser or is acquired by Purchaser from a third party who has the legal right to transfer the information to Purchaser; or (c) information required to be disclosed by Purchaser pursuant to law but only after reasonable notice of the requirement of disclosure is provided to Envirogen.

9. Termination for Convenience. If the Order provides that the Purchaser may terminate the Order for its convenience and without cause, such termination shall be accomplished by written notice from the Purchaser to Envirogen. Upon such a termination for convenience, Purchaser shall pay Envirogen (i) for all Products and services delivered prior to the date of termination, and (ii) any and all Costs incurred by Envirogen prior the date of Termination incurred by Envirogen in the engineering, design, production, acquisition, transportation or otherwise for any Product or service as yet undelivered plus a mark-up of 25% and (iii) all reasonable Costs associated with the demobilization of Envirogen following the termination.

10. Insurance. If the services and/or the delivery of the Products require Envirogen or its contractors or carriers to enter on to any property owned or occupied by Purchaser, then Envirogen shall procure and maintain the following insurance coverages:

Coverage Policy Limits
Workers' Compensation Statutory
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Coverage Policll Limits
Employer's Liability Insurance $1,000,000 per accident or disease Commercial General Liability $1,000,000 per occurrence and including contractual liability; and $1,000,000 in the aggregate
Automobile Liability Policy $1,000,000 per occurrence (including owned, non-owned, and hired vehicles) non-owned, and hired vehicles)
All such policies shall name Purchaser and Owner as an additional insured as respects liability arising from work or operations performed by or on behalf of Envirogen (excluding the workers' compensation policy). Envirogen shall promptly furnish Purchaser with certificates of insurance evidencing the required insurance coverage.

11. Miscellaneous Provisions.

11.1 For all purposes of the Order, Envirogen is and shall remain an independent contractor. There are no intended third party beneficiaries to these General Conditions or the Order and nothing in this Contract will entitle any person other than Envirogen or Purchaser to any claim, cause of action, remedy or right of any kind under the Order.

11.2 Purchaser agrees that during the term of the Order and for a period of twelve (12) months thereafter, Purchaser will not, directly or indirectly, solicit, request or otherwise induce any Envirogen employee or personnel to terminate his or her employment with Envirogen if such employee has been materially engaged in providing Product or services to Purchaser under the Order. Nothing herein shall be construed to prohibit the hiring of Envirogen employees who have responded without any direct inducement by Purchaser to publica lly available employment advertisements by Purchaser.

11.3 Those provisions of these General Conditions or the Order which by their nature are intended to survive the termination, cancellation, completion or expiration of these general conditions or the Order to which they apply shall continue as valid and enforceable obligations of the Parties, notwithstanding any such termination, cancellation, completion or expiration. Such provisions include, but are not limited to, provisions concerning warranties, indemnifications and confidentiality.

11.4 The validity, interpretation and performance of these General Conditions shall be governed exclusively in accordance with and by the laws of the State of Texas, save and except those Texas laws governing choice of laws which would result in the choice of a law or laws of another jurisdiction.

11.5 In the event of any dispute between the parties arising under these General Conditions or the Order, the parties agree that (i) the civil courts in and for the County of Montgomery, State of Texas, shall have exclusive jurisdiction and venue to determine such dispute(s) and each party hereby waives any objection to such jurisdiction and venue in any such court and any claim that such forum is an inconvenient forum and (ii) the prevailing Party shall be awarded its costs of suit, including reasonable attorney's fees.

11.6 The Order and these General Conditions set forth the entire agreement of the Parties regarding the services and Products described in the Order and supersede all prior discussions and agreements of the Parties, whether written or verbal other than prior confidentiality or non-disclosure agreements between Purchaser and Envirogen.

The Order and these General Conditions may not be modified, amended, rescinded, canceled or waived in whole or in part by amendment or change order, except by written instrument, signed by both Parties, which makes specific reference to the Order and which specifies that the Order or these General Conditions are being amended, modified or otherwise altered. All change orders shall make specific reference to the Order and shall be signed by both Parties.

All change orders shall indicate any modifications or amendment to the pricing or delivery schedule resulting from the change in scope. Any request by Purchaser to either accelerate or delay a deliverable date described in the Order for any reason shall require a mutually acceptable change order pursuant to this Section. Such change order shall include the new schedule of deliverable due date(s) and any price adjustment occasioned by the change in schedule.

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11.7 Any waiver by either Party of any provision or condition of the Order or these General Conditions shall not be construed or deemed to be a waiver of any other provision or condition of the Order or these General Conditions, nor a waiver of any subsequent breach of the same provision or condition.

11.8 If any section, subsection, paragraph, clause or sentence of the Order or these General Conditions shall be adjudged illegal, invalid or unenforceable, such event shall not affect the legality, validity or enforceability of the remaining portions of the Order and these General Conditions as a whole or any portion thereof.

11.9 The covenants and agreements contained herein shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns.

11.10 The Order (or any amendment) may be executed in two or more identical counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute the Order when a duly authorized representative of each Party has signed a counterpart. Photographic, facsimiled and scanned copies of such executed counterparts may be used in lieu of the originals for any purpose.

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ADDENDUM TO SAN FERNANDO PURCHASE ORDER 12503
(Parties: Envirogen Technologies, Inc. and the City of San Fernando) THIS ADDENDUM (“Addendum”) to San Fernando Purchase Order No. 12503 (the “PO”) by and between the CITY OF SAN FERNANDO, a municipal corporation and general law city (“CITY”) and ENVIROGEN TECHNOLOGIES, INC. (hereinafter, “VENDOR”) is made and entered into this 1st day of November 2021 (“Effective Date”). For purposes of this Addendum, the capitalized term “Parties” shall be a collective reference to both CITY and VENDOR. The capitalized term “Party” may refer to either CITY or VENDOR interchangeably as appropriate.

RECITALS
WHEREAS, at its meeting of August 16, 2021, the City Council of the City of San Fernando (“City Council”) approved by way of the PO that certain proposal of VENDOR dated June 30, 2021 and entitled “San Fernando Packaged Well 3 Nitrate Treatment System and Well 7A Controls Upgrade, Envirogen Proposal #24166” (the “Proposal”); and
WHEREAS, the City Council’s approval of the Proposal was subject to certain proposed terms, modifications and exceptions set forth in the Proposal; and WHEREAS, the Parties wish to memorialize the terms, moficiations and exceptions set forth in the Proposal by way of this Addendum to the PO; and
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. The Parties further agree as follows:

A. Sections 16 and 17 of the PO are repealed and shall be of no force or effect and shall be superseded and replaced by the text of Section 7.1 and 7.2 of Appendix A of the Proposal. The foregoing notwithstanding, the last sentence of Section 7.2 of Appendix A of the Proposal commencing with the words “Anything in the Order…” is amended in its entirety to state:
“Anything in the Order or these General Conditions notwithstanding, any liability of Envirogen under the Order shall not exceed in the cumulative aggregate sum of $1,500,000.” B. Work performed by the following subcontractors and/or subconsultants of Vendor in the furtherance of Vendor’s performance under the Agreement shall not constitute an assignment within the meaning of Section 14 (Assignment of Contract) of the PO.

C. Section 7 (Invoices) of the PO notwithstanding, the Parties agree that invoices may be submitted by Vendor to City via electronic mail delivered to the following electronic mail address or such other address as the City may redesignate from time to time: [email protected]. The words "no later than the 5th day after shipment is made" are amended to "no later than the 30th day after shipment is made."
D. The text of Section 5 Force Majeure of Appendix A of the Proposal is hereby incorporated by this reference into the agreement.

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F. In addition to the equipment, tasks and services contemplated under the PO and the Proposal, the Parties agree that Vendor shall also provide those supplemental services and tasks set forth in Exhibit “A” to this Addendum (hereinafter, the “Supplemental Services”). In consideration for Vendor’s performance of the Supplemental Services, City shall pay Vendor a sum of One Million, Six Hundred-Fifty Two Thousand, One Hundred and Ten Dollars ($1,652,110) payable per the schedule outlined in the Proposal.

SECTION 2. In the event of any conflict or inconsistency between the provisions of this Addendum and the provisions of the PO or the Proposal, the provisions of this Addendum shall govern and control, but only in so far as such provisions conflict with the PO and the Proposal and no further.

SECTION 3. The PO and the Proposal as modified by way of this Addendum, constitute the entire, complete, final and exclusive expression of the Parties with respect to the matters address in those documents and supersedes all other agreements or understandings, whether oral or written, or entered into between City and Vendor prior to the execution of this Addendum. The capitalized term “Agreement” as used herein shall refer to the PO, the Proposal and this Addendum, collectively. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to the Agreement shall be valid and binding unless in writing and duly executed by the Parties in the form of a written amendment.

IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be executed on the day and year first appearing above.
[SIGNATURE PAGE TO FOLLOW]
DocuSign Envelope ID: BE401ED7-4A73-467C-ACBC-C86A156CD071 CONTRACT NO. 1920(b)
CONTRACT NO. 1920(d)
EXHIBIT "E"
51 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 333 of 600 3 CITY:

City of San Fernando
By:___________________________________
Nick Kimball, City Manager
Date:_________________________________

APPROVED AS TO FORM
By:__________________________________
Richard Padilla, Assistant City Attorney
Date:_________________________________
VENDOR:

Envirogen Technologies, Inc.

By:_____________________________
Name:___________________________
Title:____________________________
Date:____________________________
DocuSign Envelope ID: BE401ED7-4A73-467C-ACBC-C86A156CD071 Joseph P Higgins
11/05/2021 | 10:55 AM PDT
Group CEO
11/09/2021 | 8:39 AM PST
11/09/2021 | 2:21 PM PST
CONTRACT NO. 1920(b)
CONTRACT NO. 1920(d)
EXHIBIT "E"
52 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 334 of 600 Exhibit A (10/25/2021)

1.0 INTRODUCTION
Envirogen Technologies, Inc. (Envirogen) has prepared this Exhibit A as a supplemental document to the Proposal 24166 (dated June 30, 2021). It contains four additions to the Proposal and defines a price adder for additional services requested by the City of San Fernando.

2.0 ADDITIONS

2.1 PERMIT ASSISTANCE
Envirogen was requested to provide assistance with the local regulatory authority in providing technical and operational documents to enable the Well 3 treatment system to be permitted. Envirogen’s engineering staff will provide up to 80 hours of labor assisting City of San Fernando staff in crafting of the required technical documents required by the regulator to achieve the permit of operation. If more time is needed or special travel arrangements required to fulfil this obligation, a change order will be required to continue and complete the work. If a California professional engineer’s stamp is required on any documents, Envirogen can offer a California Civil PE stamp. If another discipline of engineering is demanded by the regulator, then a change order will be required to cover such specific additional costs.

Envirogen’s scope of work for this effort will be:
• Attend up to two preliminary telephonic/virtual meetings for initial questions and discussions with the State regulator.
• Prepare DRAFT technical documents for the City of San Fernando in support of their permitting efforts.
• After submittal of DRAFT documents, attend up two additional telephonic/virtual meetings for follow-up questions and discussions with the State regulator. • Prepare FINAL technical documents for the City of San Fernando in support of their permitting efforts.
• If required, provide a State of California Civil Engineering stamp on submitted documents.

2.2 TAXES ON EQUIPMENT
For the equipment provided in the Proposal 24166, priced at $1,484,000.00, this must be taxed based on the City of San Fernando tax rate of 10.25%. Hence, this added pricing is provided in Section 3.0.

DocuSign Envelope ID: BE401ED7-4A73-467C-ACBC-C86A156CD071 CONTRACT NO. 1920(b)
CONTRACT NO. 1920(d)
EXHIBIT "E"
53 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 335 of 600

2.3 MODIFICATION OF ESCALATION FORMULA
Within Section 4.3 (ESCALATION CONCERNS & CLAUSE) of Proposal 24166, the wording is updated to read:

Envirogen’s price shall be adjusted upward, if there is an increase in price equal to or exceeding 3% and the increase shall be measured using the formula and indices from the base date of this proposal. The increase shall be calculated as:
((PO Value *.85*%Metals) * (Metals IndexPO-Metals IndexProp)/Metals IndexProp) + ((PO Value * .85* %Plastic) * (Plastics IndexPO-Plastics IndexProp)/Plastics IndexProp)))+ PO value Where:
• Metals Indexpo is the Metals index value for the month of release of purchase orders to suppliers.
• Metals IndexProp is the Metals index value for the month of this proposal. • Plastics Indexpo is the Plastics index value for the month of release of purchase orders to suppliers.
• Plastics IndexProp is the Plastics index value for the month of this proposal.

2.4 PERFORMANCE TESTING
For clarity, a Commercial Operation Date is now defined and shall mean that date upon which the SimPACK™ system is fully installed and operational, has been tested and is capable of treating water within the design specifications described per Proposal 24166. The SimPACK™ system when installed, maintained and operated in strict compliance with the plans, specifications and instructions of Envirogen, shall, at the time of performance testing immediately following the Commercial Operation Date, be capable of consistently treating Influent Raw Water at the flow rate and water chemistry as defined in Tables 1a and 1b of the Proposal 24166, such that the target effluent concentration for nitrate is met. Once this performance testing is demonstrated and the target effluent criteria achieved, Envirogen will have met its obligation under this PO and its scope of work/services will be considered complete.

3.0 PRICING
The pricing for the original equipment from Proposal 24166 and the updated adders to the pricing per the details of Sections 2.1 and 2.2 of this Exhibit A are:

Ion Exchange System Well 3 (with nitrate selective resin) and SimPACK Control Upgrade for Well 7A…........................................................................….…$1,484,000.00 Taxation on Equipment (10.25% on $1,484,000.00)……………….………………..….……...$152,110.00 Permit Assistance……………….…………………………………………………………………………………$16,000.00* *This amount is for 80 hours of labor and no associated travel. Any time or expenses beyond this amount will require a change order based on Envirogen’s published/prevailing rates, with expenses at Cost plus 15%.

This “adder pricing” is part of the overall pricing of the Proposal 24166, with Section 4.2 TERMS & CONDITIONS applicable.

DocuSign Envelope ID: BE401ED7-4A73-467C-ACBC-C86A156CD071 CONTRACT NO. 1920(b)
CONTRACT NO. 1920(d)
EXHIBIT "E"
54 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 336 of 600 . . . .. . ( . (' ENVIROGEN
nc,n10,oc;1el -
TO CCUENTI:

City or Sa, Fernando
Fin.nc:e [)es»rtmrat
117Macnrl5lrfft
PROJECT: PW-00444
CONTRACT DATI!: 8/28/2021
PO/CONTRACT NO:

Sen Fem■ndo, CA D1340
Al>,: P,A,(fcWorb@lfqlty -Bau ardner
grg
CONlRACTORS APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY Chango Orders -oved In ADDITIONS
previous mon1ha by Owner
TOTAL
•--thtsM
,.,mbu 011111 - C0001 12/01112 $11,700.00
TOTALS $11 700.00

DEDUCTIONS
so.DO
Net ch&nn1 bv Chlnne Order 519.700.00
A 8 ITiM OESCIUPTION OFWORIC
NO.
1 30% of PO value, Upon Submittal of Dal� Dl1s,-1ma & 0rMnQ1 Invoice to be 1-.ied u folowt:
(a ) 10%on Pro-Submlttll
(b) 10%on Equlpment/Med11nlcal Submlttal1
(o} 10% on El-end l&C &ubmlttu
2 35% of PO v1lue. Upon lnuance of MIJot Item Purchase Orcle,w 3 30% of PO value, Upon lh• urfRer of
0) Shipn,9111 of equ!pm.nt
�I) 30 catendf1fd days 1::1'1tr notioe ot•R11dyt0 Ship" Invoice to be prorated baaed on material lhlpped or mrtiled 4 6% or PO value, Upon lhe earitler of
Q) SUceaflA CornmlOllolng/Slartup
QI} IIO c.lend'lr- F .. owlng lnllllllllUon
(Ill) 120 C&leruW days from lhipment cir notice of R!:ad'j to tNp 5 Supplemental Eng'naerfng Secvlcea Per PO Exhibit A
8 Change Order 001, EcpJipment Offlo•dlng end Placement

CONTRACT TOTALS
Texeble Amowrt _, .. ( .. _CA} 10,2ft, $ 1,484,000.00
TOTALS
,/} �.
i¼(ov�
C SO<EC'JLED
VALUE
$148,400.00
S141,40D.OD
$141.400.00
$519,400.00
$448,200.00
S74.200.00
$11,000.00
s1e,100.oo
$1,618,700.00
$152,110.00
Sl,970.810.00
INVOICE PU!ASI! ReMIT TO:

Envlropn TeohnologlH
Dept 32, P.O. Box 4348
H-ion. TX 7721M348
D
WORIC CONPl.E'TEO
FROM PREVIOUS APOUCAllOH
,.,..,
$148,400.00
$141,400.00
$148,400.00
$51t,40D.DO
$445,ZOD.OO
$0.00
SO.DO
SO.DO
$1,409,800.00
$144,504.50
S1.654,304.50
INVotce NO: 001S841�N SUB 2 PEAIOD TO: 1Z/23/20ZI
Tl!RMB: NET30
ENVIROGEN JOI NO: 1000-103

1. ORIGINAL CONTRACT SUM--••----..

2. Nat cllana• bv Chang■ on1w; ______ _
3, CONTRACT SUM TO DATE (Line 1 +/•2).,_, ___ _

4. TOTAL COMPLETED & STORED TO DATE...-•--•
(CGCumnG)
I.RETAINAGI! AT O"A,

1. Completad Wort (COiumn 1M: )
b, Stored Mllarial (COiumn F )
Total Retelnage (Line S. + !lb or
Total In Column I) ............ ,,,,, __ , .. , .......... ..

I, TOTAL l!ARNED LE88 lll!TAINAG"-----­
(Una 41-Uno 5 Tolol)

7. Ll!U PREVIOUS CEIITIFICATE8 FO~---­
PAYMENT CUno & from prlor Corlificele)
I.CO
I.TAX .......... .

11. &ALANCE TO Fl-H, PLUS RETAINAG!!--,-.. ,
(Un• 3 , ... Une 9)

12. TAXIIAIANCEON CONTRACT ............................. .. 1S. TOTAL CONTRACT JIALANC& .. -......................... - E F G
MATERIALS TOTAL "
THISPERIOO PRESEHnY COMPLETED IC>CI

STORED AND STORED
{NOT IND ORE) TO�TE ....,.,,
SO.OD $0.00 $141,400.00 100.0%
SO.DO $0.00 S141,400.00 100.0%
$0.00 SO.OD $148,400.00 100.0%
$0.00 SD.DO $519,400.00 100.0%
SO.OD SD.OD $445.200.00 100.0%
SO.DO SO.OD $0.00 0.0%
SO.DO SO.OD $0.00 0.0%
$18,700.00 SO.DO S18,700.00 100.0%
$18,700.00 $0.00 $1,421,500.00 94.1%
SO.DO SO.DO S141,42l.25 911.3%
$18,700.00 SO.DO S1.574,921.25 94.3%
MIN<C£
H
TOFIN18H
le.GI
$0.00
$0.00
SO.DO
$0.00
SO.DO
S74,200.00
$11,000.00
$0.00
$90,200.00
$5,819
$95,8N.76
11,1100.000.00
1 11,100.00
i1, 18,700.00
$1,421,500.00
$0,00
$0,00
$0.00
$1,421,500.00
$1,409,800.00
$5,111.78
$95111.75

I RETAINAGE
AT
...
$0
so
so
$0
SD
so
$0
so
$0.00
so
$0.00
CONTRACT NO. 1920(d)
EXHIBIT "F"
55 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 337 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730
11/18/2021
April 5, 2024
Mr. Alex Mendez
120 Macneil St.

San Fernando, CA 91340
(818) 898-1293
[email protected]
RE: Service Contract Amendment
Envirogen Proposal-25061
Dear Mr. Mendez:

Please find below Envirogen Technologies, Inc.'s (Envirogen) field engineering services to support the City of San Fernando’s operation of the Ion Exchange Treatment Systems (Plant 1 and Plant 2) located at 12900 Dronfield Avenue, Sylmar, CA 91342. The pricing is offered in response to a request to add Plant 2 into the existing agreement between Envirogen and San Fernando. Envirogen is pleased to offer a 2-year support agreement with the City of San Fernando. The support agreement will be effective for a term of (2) years with a (2) year extension, beginning upon immediate agreement to this amendment.

Other elements of the proposal are subject to change due to the nature of the items and services offered for sale. • The sale of equipment, parts and materials requested by the “City” as needed to maintain the treatment systems will be handled under separate proposal on a case-by-case basis. • Envirogen may provide San Fernando delivered salt used by the system when requested by San Fernando. Each salt delivery shall be handled on a case-by-case basis when requested. • Analytical testing of water, resin or brine will be quoted upon request. • City of San Fernado will be charged a monthly rate for up to 8 visits per month (8 hours per day including travel) by a qualified Envirogen Service Technician. Any visit exceeding the eighth visit in one month will be charged per the attached rate sheet, including travel time. All Support services after the eigth visit must be approved by the City of San Fernando personnel before any Envirogen Service Technician performs the necessary assistance.
• Emergency Response: Any afterhours emergency call out will be included in the 8 monthly visits. Once the 8 monthly visits have been consumed, all site visits thereafter in a given month will be charged per the attached rate sheet, including travel time.

EQUIPMENT, PARTS, MATERIALS, SALT
CONTRACT NO. 1920(d)
EXHIBIT "G"
56 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 338 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730
2-year Service Fees Price
Monthly Service Fee includes:

Year 1 - Onsite Field Services (up to 8 visits / mo.)
Support Services
*$9,750
Per Month
Taxes NOT included
2-year Extension Service Fees Price
Monthly Service Fee includes:

Year 1 - Onsite Field Services (up to 8 visits / mo.)
Support Services
*$9,750
Per Month
Taxes NOT included
*CPI Adjustment.
1) CPI. Escalation shall be determined in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, U.S. City Average, All Items, CPI-U on the basis of 1982-84 = 100 (“CPI”). If the CPI is discontinued or substantially modified, the Parties shall mutually select another substantially equivalent index for the purpose of price escalation. 2) Calculation of Escalation. Starting on the first anniversary of the Effective Date of this Agreement and annually thereafter, the Fee shall be adjusted for the succeeding twelve (12) month period by an amount equal to the percentage by which the CPI has changed over the prior twelve (12) month period, based on the following formulas:

All Fees (year 2) = All Fees (year 1) x [1 + percentage change in CPI] where CPI is expressed as a decimal (for example, 3% written as 0.03) In no event shall any Fees be decreased by an adjustment. 3) Timing of CPI Adjustment. The CPI adjustment shall be calculated as soon as practicable following the publication of the CPI (or other index used for the adjustment escalator); and All Fees shall be adjusted effective upon, and retroactive to, the applicable anniversary date. The difference in these Fees, retroactive to the annual anniversary date, shall be billed and paid on the next invoice.
• Envirogen personnel will perform monthly calibrations, or more frequently as needed: Nitrate Probe, Regen/Rinse flowmeter, Conductivity Probes, and Level Transmitters associated with the salt tank and waste tank.
• Preventative maintenance will be performed on all equipment associated with the Ion Exchange system. • Acid wash regen/rinse flowmeter on a semiannual basis or as needed. Whichever comes first. • Monthly leak checks on all components. (Envirogen will provide 20 filter bags per month. 10 per system)
• Remote phone support and assistance as needed.
• Advise the City of San Fernando of any operational suggestions and changes needed to optimize the operation of the Ion Exchange Systems.

FIELD SERVICE AND FIELD ENGINEERING SUPPORT PRICING

SCOPE OF WORK
CONTRACT NO. 1920(d)
EXHIBIT "G"
57 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 339 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730
City of San Fernando Amendment
• An Envirogen Labor Rate Sheet has been included with this proposal as Attachment B. • Straight time is defined as work supplied during regularly scheduled hours between Monday and Friday, on an agreed-upon schedule between 7:00 a.m. and 5:00 p.m. Should the City of San Fernando require services outside of regularly scheduled hours the following rates will apply. • Overtime and holiday rates are defined as time worked in excess of eight hours per day, time worked outside the hours as specified above, and work or travel on Saturday. Over-time will be charged at 1.5 times straight-time rates.
• Holiday work and travel during holidays will be charged at double the straight-time rates. Holidays are defined as any day observed by Envirogen as a scheduled employee holiday, and Sunday. • Time required for mobilization from an Envirogen base of operations to the Well Site, as well as demobilization, will be charged at the daily rates attached.

This proposal and offer and all pricing and schedules contained herein are contingent on satisfaction of all of the following conditions:
• A binding Agreement must be issued by the City of San Fernando and accepted by Envirogen within 30 calendar days of the date first above written. An agreement number will be issued by the City of San Ferando, and any request for materials, parts, service, equipment, and salt will be made utilizing this agreement number.
• Envirogen's General Conditions for the Sale of Products and Services by Envirogen Technologies Inc. (ETIGC #211107), attached hereto as Attachment A, must be accepted by the City of San Fernando, and made a part of the Order.
• This Proposal/Offer and its attachment must be attached to or incorporated by reference in the City of San Fernando’s Order.
• Terms of payment for all invoices issued associated with this proposal are Net 30 days, followinginvoice date.

We appreciate the opportunity to serve the City of San Fernando and look forward to completing the purchasing process to expand the ongoing services that we have been providing since 2017.

Sincerely,
Scott Gomarko
Field Service Director, West Region
9369 Santa Anita Ave. Suite 107
Rancho Cucamonga, CA 91730
[email protected]

CONDITIONS
CONTRACT NO. 1920(d)
EXHIBIT "G"
58 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 340 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730

ATTACHMENT A
Emergency Response Envirogen 2024 Labor Rates
Category Job Function/Representative Titles Commercial Rate A Administrative Assistant
Buyer I Buyer II Laborer/Helper
$84
B
Laboratory Services Water/Wastewater
Operator I/II Technician -
Electrical/Mechanical $96
C
Electrician Helper
Mechanic
Operator – Equipment
$108
D
Water/Wastewater Operator II/III Water/Wastewater
Operator III/IV
Sr. Environmental Technician/Operator Site
Supervisor/Plant Manager
Sr. Mechanic
Field Service Technician
$165
E
Designer
Instrumentation Specialist Construction
Manager
$144
F Licensed Electrician $150
G
Project Manager
Process Engineer
Project Engineer
Project Manager II
Operations Manager
$200
H
Senior Process Engineer
Senior Project Engineer
Senior Project Manager
GeotechnicalEngineer
$216
I
Director of Engineering
Director of Process Engineering
Environmental Consultant
$234
Standard Rates (listed above): Monday to Friday (excluding holidays) 7am – 5 pm Holidays, weekends, other than of Mon-Fri, 7am – 5 pm: 1.5 times standard Envirogen Technologies reserves the right to modify labor rates at any time.

CONTRACT NO. 1920(d)
EXHIBIT "G"
59 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 341 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730
Labor rates for travel to and from job site are billed at 75% of the on-site rates listed.

Rates are subject to a 50% surcharge for expert testimony and other special services. Client- approved overtime is billed at 1.5 times the hourly billing rate.

Expenses for other services, equipment and materials are billed at hourly, daily, or monthly rates, or unit prices, whichever are applicable. Rate schedules are adjusted annually. Schedules are available upon request.

Straight Time Remote Support (via telephone, email or production of written documentation will be billed at the prevailing standard hourly rates.

Reimbursable Expenses
Reimbursable expenses are in addition to compensation for services. These expenses include, but are not limited to, expenses incurred by Envirogen Technologies and Envirogen Technologies’ employees and consultants in the interest of this project and as outlined below. Unless otherwise agreed to in writing, expenses will be billed at cost plus10%.

1. Authorized outside professional consulting services.

2. Transportation expensesfor authorized out-of-town travel.

3. Expenses for reproductions and copies.

4. Postage or express deliveries;shipping.

5. Long distance communications.

6. Purchased orrented supplies, equipment and/or toolsrequired to perform the project.

7. Electronic and facsimiletransmissions.

8. Handling of drawings, specifications, and other documents.

Envirogen Technologies Equipment Rental
Rental charges for pilot and other equipment owned by Envirogen Technologies will be billed according to agreed-upon rates. These rates are not subject to the charge outlined above.

CONTRACT NO. 1920(d)
EXHIBIT "G"
60 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 342 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730

ATTACHMENT B

GENERAL CONDITIONS FOR THE SALE
OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.

ETIGC #211107
The following General Conditions are and shall be an integral part of any Order to which these terms and conditions are attached and/or referenced. In no event shall any term or condition attached to or made part of any purchase order or other contract document issued by COMPANY, or any shipping document or other document associated with the services or Products described in the Order to which these General Conditions apply have any controlling effect whatsoever unless specifically adopted in writing by an authorized representative of both SUPPLIER Technologies, Inc. (“SUPPLIER”) and COMPANY.

1. Definitions. Throughout these General Conditions or any Order or other document to which they apply, the following words and phrases, when printed with the initial letter capitalized (unless shown below without capitalization), shall have the meanings ascribed to them below, unless the context requires otherwise:
“Cost” shall mean all expenses incurred by SUPPLIER for materials, supplies, energy, regulatory permitting, labor, outside contractors and professionals, transportation, supervision, excise, sales and similar taxes. For all purchases of materials, supplies and services, “Costs” shall include an additional ten percent (10%) of the direct expense to reimburse SUPPLIER for purchasing and accounting activities. Labor charges for SUPPLIER’s personnel will be at rates shown in any Order or attachment, exhibit or schedule incorporated therein. In the absence of any such specification of rate(s), labor charges for SUPPLIER’s personnel will be at the individual’s hourly wage rate (or equivalent) plus forty percent (40%) for employee and group benefits and employee taxes.
“COMPANY” shall mean the person or entity purchasing Products or services from SUPPLIER. “Day” or “day” shall mean a calendar day unless otherwise indicated. “Party” or “Parties” shall mean either SUPPLIER or COMPANY or both. “Products” shall mean products, equipment, parts, goods, media or materials meeting the description or specifications set forth in the Order.
“Order” shall mean any purchase order, work order, change order, letter agreement or similar contract document issued by COMPANY and accepted in writing by SUPPLIER or issued by SUPPLIER and accepted in writing by COMPANY which either references or attaches these General Conditions and/or all attachments, amendments or any ancillary documents to any such contract document.
“Owner” shall mean the ultimate end user of the Product or service where the end user if not the COMPANY. Normally this would occur where the COMPANY is a prime contractor and SUPPLIER is a subcontractor.

In addition to the definitions set forth above, embedded within these General Conditions or any Order, there may be additional defined terms which are designated as such in a parenthetical and highlighted with quotation marks.

2. Cooperation of COMPANY. To assist SUPPLIER in providing Products and/or performing services, COMPANY shall (i) provide SUPPLIER with all relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with SUPPLIER when requested, (iii) permit SUPPLIER reasonable access to relevant COMPANY or Owner controlled sites, (iv) ensure reasonable cooperation of COMPANY’s employees and the Owner, and (v) unless a longer period is provided for in the Order, return all drawings or other documents submitted by SUPPLIER to COMPANY for review, comment and/or approval within a commercially reasonable time following submission not to exceed ten (10) business days. Any failure to return documents within the time prescribed shall be considered a waiver by COMPANY of its right to review and approve or comment on the documents.

3. Price, Costs and Payments.

3.1 Unless otherwise stated therein, the price(s) and charges for Products and/or services specified in any Order are CONTRACT NO. 1920(d)
EXHIBIT "G"
61 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 343 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730
exclusive of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental entity on the sale, delivery, use or other handling of the Product or service or in connection with any transactions contemplated by the Order to which these General Conditions apply. If any such taxes are incurred by SUPPLIER, COMPANY shall reimburse SUPPLIER the amount of such taxes.

3.2 Whenever rates or prices in any Order include transportation or when transportation is charged separately by SUPPLIER, such rates, prices or charges shall be exclusive of (i) material increases in the cost of transportation occasioned by significant increases in the costs of fuel or weather, road or access conditions which could not have been reasonably anticipated in advances of pricing the cost of transportation or (ii) any extraordinary or excess demurrage charges incurred by SUPPLIER from third party carriers which arise from delays or demurrage at the delivery point. Demurrage will be charged to COMPANY except to the extent such demurrage primarily results from the negligence or other fault on the part of SUPPLIER or its carrier.

3.3 Unless otherwise specifically indicated in the Order, all prices (or other values) in the Order are stated in U.S. dollars and all payments are to be made in U.S. dollars.

3.4 Invoices may be provided to COMPANY, at the option of SUPPLIER, by mail, delivery service, electronic mail or fax and payments by COMPANY shall, at the election of SUPPLIER, be made by mail, overnight delivery service or electronic funds transfer. COMPANY shall provide SUPPLIER with contact information for delivery of invoices. Invoices shall be due and payable within thirty (30) days of receipt by COMPANY of the invoice. TIME IS OF THE ESSENCE for payment of all fees and charges. Interest on delinquent payments shall accrue until paid at the greater rate of (i) twelve percent (12%) per annum or (ii) the prime interest rate as quoted by the Wall Street Journal plus 500 basis points (adjusted on the first day of each calendar quarter.) In the event that the interest rate described above exceeds the maximum interest rate chargeable under law for such transactions, such maximum legal rate shall apply.

3.5 Should any portion of an SUPPLIER invoice be disputed by COMPANY, COMPANY will pay the undisputed portion and within the payment period prescribed above shall provide SUPPLIER with written notice of the disputed portion of the invoice and the reasons for the dispute. In no event shall COMPANY withhold payment of any undisputed portion of a SUPPLIER invoice based on the set-off of a COMPANY claim against SUPPLIER or as a back-charge for monies claimed to be owed COMPANY by SUPPLIER. At the request of COMPANY, SUPPLIER shall provide COMPANY with a written partial release of statutory liens utilizing SUPPLIER’s standard form which shall be conditioned on actual receipt of payment of a particular invoice.

3.6 SUPPLIER may, from time to time, establish such credit terms as it shall, in the sole judgment of SUPPLIER, deem reasonably necessary, including, but not limited to, credit limits.

3.7 In the event that SUPPLIER should incur Costs, including, but not limited to, attorney’s fees and collection agency fees, to collect overdue invoices and accounts, COMPANY shall reimburse SUPPLIER for all such reasonable Costs whether or not litigation has been initiated to collect the overdue account.

3.8 When fees or charges are based in whole or in part on a reimbursement by COMPANY of SUPPLIER’s actual costs, with or without a mark-up, such costs shall be determined at the time of invoicing whether or not the cost has already been paid by SUPPLIER or has, as of that time, accrued as an expense for purposes of accounting. Any future rebate or credit to SUPPLIER which may be associated either directly or indirectly with the cost or expense, shall not give rise to a similar rebate or credit from SUPPLIER to COMPANY.

4. Delivery and Risk of Loss.

4.1 Except as otherwise set forth in the Order, delivery of Product shall be DAP work/installation site (Incoterms 2010).

4.2 Except as otherwise set forth in the Order, COMPANY agrees to take delivery of Product upon notice from SUPPLIER that the Product is ready for delivery. If for any reason COMPANY is either unable or unwilling to accept delivery, COMPANY shall be responsible to pay or reimburse SUPPLIER for all additional Costs incurred for storage, insurance and/or transportation.

4.3 Title to and risk of loss with respect to Products shall pass from SUPPLIER to COMPANY at the time the Product is delivered to COMPANY. Product shall be deemed to be delivered when the Product has been loaded to COMPANY’s carrier or if delivered by SUPPLIER to COMPANY’s or Owner’s work site, upon arrival at the work site. (See Section 4.1) Offloading from the SUPPLIER carrier is the responsibility of COMPANY. Damages to the Product incurred during offloading shall be CONTRACT NO. 1920(d)
EXHIBIT "G"
62 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 344 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730
the responsibility of COMPANY. To qualify for a credit, any shortage or damages (other than those incurred after delivery DAP) to the Product shall be reported in writing to SUPPLIER by COMPANY within five (5) business days of the date of delivery of the Product.

5. Force Majeure. If SUPPLIER is rendered unable to perform its obligations under the Order by an event beyond the reasonable control of SUPPLIER, SUPPLIER shall not be liable to COMPANY for failure or delay in such performance to the extent that the failure or delay is due to such force majeure event. Force majeure events shall include, but shall not be limited to, war (whether declared or undeclared), fire, flood, lightning, earthquake, hurricane, storm or any other act of God; strikes, lockouts or other labor difficulties; civil disturbances, riots, sabotage, accident not involving fault on the part of SUPPLIER or explosion; inability to secure necessary fuel, power, equipment, transportation or raw materials and/or any other reason beyond the reasonable control of SUPPLIER.

6. Warranties. The following warranties are in addition to any other warranties specifically set forth in the Order:

6.1 Products. SUPPLIER warrants to COMPANY that (i) SUPPLIER will have title to all Products delivered to COMPANY, free and clear of all liens, encumbrances and security interests, and (ii) that all Product will conform at the time of delivery to the written mechanical product description and/or specifications set forth or otherwise referenced in the Order. In the event of a failure by SUPPLIER to materially meet the terms of the warranty set forth in this Subsection 6.1 and said failure is reported in writing to SUPPLIER within thirty (30) calendar days of delivery, SUPPLIER, at its own expense, shall remove the defective, non-conforming product and replace it with a like quantity of conforming Product meeting the description or specifications.

6.2 Equipment, Parts and Goods. Except as otherwise provided for in the Order, SUPPLIER warrants as follows:

A. Equipment and systems which are the subject of the Order shall, when constructed, installed, used, maintained and operated in strict compliance with the plans, specifications and instructions of SUPPLIER, meet the performance criteria specifically set forth in the Order during the performance testing period described therein.

B. At the time of delivery, equipment and parts will be free from any and all material defects which would reasonably interfere with their use by COMPANY. In the event such defect is reported to SUPPLIER within twelve (12) months from date of installation of the equipment or part or within fourteen (14) months following delivery by SUPPLIER, whichever comes first, SUPPLIER will repair or replace the defective component without charge.

6.3 Services. SUPPLIER warrants as follows:

A. In providing services under the Order, SUPPLIER will comply with all federal, state and local laws.

B. The services to be provided by SUPPLIER shall be performed utilizing the same generally accepted standards of due diligence, skill, reasonable care and safety ordinarily employed by service providers similarly situated in the same geographic region and at the same time.

C. All SUPPLIER personnel engaged in providing the services pursuant to the Order (i) shall be appropriately supervised by qualified persons in SUPPLIER’s employ, (ii) shall be appropriately skilled to perform the work to which they are assigned, and (iii) shall have met appropriate licensing and certification requirements of the state in which the service are to be provided.

6.4 Media and Resins. Unless otherwise set forth in the Order, SUPPLIER warrants that at the time of delivery to Company, media or resins supplied by SUPPLIER shall meet or exceed SUPPLIER’s and manufacturer’s specifications for the media and/or resin. In the event of a failure by SUPPLIER to materially meet the terms of the warranty set forth in this Subsection

6.4, and such failure is reported in writing by COMPANY to SUPPLIER within thirty (30) calendar days of delivery, SUPPLIER, at its own expense, shall replace the non-conforming media/resin and replace it with a like quantity of conforming media/resin.

6.5 Patents. SUPPLIER warrants that neither its Products nor its services shall infringe upon any patent(s) or copyright(s), or misappropriate or misuse trade secret(s) or other confidential information unless such Product or service is provided in compliance with COMPANY provided specifications. In the event of a default under this patent and intellectual property warranty, upon notice of the default by COMPANY, SUPPLIER shall obtain on behalf of COMPANY such releases, licenses or other appropriate authorizations as shall be necessary to prevent the infringement.

CONTRACT NO. 1920(d)
EXHIBIT "G"
63 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 345 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730

6.6 ENVIROGEN MAKES NO WARRANTY, EXPRESSED OR IMPLIED, PURSUANT TO THESE GENERAL CONDITIONS, THE

ORDER OR OTHERWISE OTHER THAN AS IS SPECIFICALLY SET FORTH IN THIS WARRANTIES PARAGRAPH AND THE ORDER AND NONE SHALL BE IMPLIED. THE WARRANTIES AND ANY REMEDIES SET FORTH IN THIS WARRANTIES PARAGRAPH AND/OR THE ORDER ARE EXCLUSIVE. THE WARRANTIES ARE GIVEN AND ACCEPTED BY PURCHASER IN LIEU OF ANY AND

ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED BY ENVIROGEN AND WAIVED BY PURCHASER. ANY REMEDIES PROVIDED FOR IN THIS WARRANTIES

PARAGRAPH AND OR THE ORDER ARE IN LIEU OF ALL OTHER REMEDIES AT LAW OR IN EQUITY FOR BREACH OF A WARRANTY.

6.7 COMPANY may assign SUPPLIER’s warranty obligations to the Owner without the consent of SUPPLIER and shall provide SUPPLIER with written notice of such an assignment.

7. Indemnification.

Each Party hereby agrees to defend, indemnify and hold the other Party and their respective partners, affiliates and subsidiaries, and their respective directors, officers, partners, members, employees and agents (collectively “Indemnified Parties”), harmless from and against any and all claims, liabilities, suits, proceedings, judgments, orders, fines, penalties, damages, losses, costs and expenses (including, without limitation, costs of defense, settlement and reasonable attorneys’ fees and expenses) (all of the foregoing herein collectively called “Liabilities”), arising out of (i) the indemnifying Party’s negligence or willful misconduct; and, (ii) failure of the indemnifying Party or any of its employees or agents to observe or comply with any of the indemnifying Party’s duties or obligations under the PURCHASE ORDER, including, without limiting the generality of the foregoing, any failure to observe or comply with any applicable laws, ordinances, codes, orders, rules or regulations; violation or breach of any provision in the PURCHASE ORDER including, but not limited to, any warranty for which a remedy is not specified. The foregoing obligations of indemnity will include, but not be limited to, any and all Liabilities for or relating to (i) injury to or death of any person (including, without limitation, employees or agents of the Parties), (ii) damage to or loss or destruction of any property (including, without limitation, property of the Parties, or their respective employees or agents), and (iii) any spill, release or leak of any hazardous substance or waste or any contamination of, injury or damage to or adverse effect on the environment. The indemnifying Party shall be liable, however, only for that percentage of total Liabilities that corresponds to the indemnifying Party’s percentage of total negligence or fault as compared to that of the indemnified Party.

Neither Party shall have any liability to the other Party for any indirect, incidental, aggravated, exemplary, punitive, or consequential damages incurred by the other Party, whether brought on an action for breach of contract, breach of warranty, tort, strict liability, or otherwise and irrespective of whether caused or allegedly caused by either Party’s negligence or willful misconduct and none shall be awarded by any tribunal against a Party hereto in favor of a Party hereto; provided, however, that the limitations on liability contained in this Indemnity Section shall not apply to damages which are part of a third party claim for which a Party is claiming an indemnity obligation under this agreement from the other Party and the Party entitled to indemnity protection under this agreement is seeking an indemnity or other relief against the payment of such damages from the Party required to provide such indemnity or other relief.

Anything in the PURCHASE ORDER notwithstanding, any liability of SUPPLIER under the PURCHASE ORDER shall not exceed in the cumulative aggregate, the lesser of the total fee or charges invoiced under the PURCHASE ORDER.

8. Confidential Information.

COMPANY agrees that all information related to SUPPLIER’s systems, services, Products, methods, procedures, techniques, and equipment (“Confidential Information”) is and shall remain SUPPLIER’s exclusive proprietary and confidential information, know-how and property. COMPANY agrees to use Confidential Information solely for the purposes set forth in the Order. COMPANY agrees to keep Confidential Information confidential in accordance with the provisions of this Article, and COMPANY shall not disclose, use or exploit for its benefit or the benefit of any third party Confidential Information other than in furtherance of the purpose of the Order. COMPANY shall not reverse engineer, disassemble, chemically or biologically analyze or decompile any Product or other tangible objects which embody SUPPLIER’s Confidential Information.

Disclosure of Confidential Information may be in tangible form, by electronic media, by visual display or inspection or it may be provided orally. Confidential Information need not be marked “confidential”, “secret” or the like. COMPANY shall CONTRACT NO. 1920(d)
EXHIBIT "G"
64 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 346 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730
not use or disclose Confidential Information for any purpose other than as specified in the Order. COMPANY will use at least the same degree of care to avoid disclosure or unauthorized use of Confidential Information as COMPANY uses with respect to its own confidential information, but in no event less than a reasonable standard of care. COMPANY shall require in writing that the Owner agree to be contractually bound to SUPPLIER by the provisions of this Section 0. SUPPLIER may seek injunctive relief to enforce its rights under this Section without any requirement of proving irreparable injury.

Confidential Information does not include the following: (a) information which prior to receipt by COMPANY was either generally available to the public or in COMPANY `s possession free of any restrictions on its use or disclosure from a source other than SUPPLIER; or (b) information which after the receipt thereof by the COMPANY either becomes available to the public through no fault of COMPANY or is acquired by COMPANY from a third party who has the legal right to transfer the information to COMPANY; or (c) information required to be disclosed by COMPANY pursuant to law but only after reasonable notice of the requirement of disclosure is provided to SUPPLIER.

9. Termination for Convenience. If the Order provides that the COMPANY may terminate the Order for its convenience and without cause, such termination shall be accomplished by written notice from the COMPANY to SUPPLIER. Upon such a termination for convenience, COMPANY shall pay SUPPLIER (i) for all Products and services delivered prior to the date of termination, and (ii) any and all Costs incurred by SUPPLIER prior the date of Termination incurred by SUPPLIER in the engineering, design, production, acquisition, transportation or otherwise for any Product or service as yet undelivered plus a mark-up of 25% and (iii) all reasonable Costs associated with the demobilization of SUPPLIER following the termination.

10. Insurance. If the services and/or the delivery of the Products require SUPPLIER or its contractors or carriers to enter on to any property owned or occupied by COMPANY, then SUPPLIER shall procure and maintain the following insurance coverages:

Coverage Policy Limits
Workers’ Compensation Statutory
Employer’s Liability Insurance $1,000,000 per accident or disease Commercial General Liability $1,000,000 per occurrence and including contractual liability; and $1,000,000 in the aggregate
Automobile Liability Policy $1,000,000 per occurrence (including owned, non-owned, and hired vehicles) non-owned, and hired vehicles)
All such policies shall name COMPANY and Owner as an additional insured as respects liability arising from work or operations performed by or on behalf of SUPPLIER (excluding the workers’ compensation policy). SUPPLIER shall promptly furnish COMPANY with certificates of insurance evidencing the required insurance coverage.

11. Miscellaneous Provisions.

11.1 For all purposes of the Order, SUPPLIER is and shall remain an independent contractor. There are no intended third party beneficiaries to these General Conditions or the Order and nothing in this Contract will entitle any person other than SUPPLIER or COMPANY to any claim, cause of action, remedy or right of any kind under the Order.

11.2 COMPANY agrees that during the term of the Order and for a period of twelve (12) months thereafter, COMPANY will not, directly or indirectly, solicit, request or otherwise induce any SUPPLIER employee or personnel to terminate his or her employment with SUPPLIER if such employee has been materially engaged in providing Product or services to COMPANY under the Order. Nothing herein shall be construed to prohibit the hiring of SUPPLIER employees who have responded without any direct inducement by COMPANY to publically available employment advertisements by COMPANY.

11.3 Those provisions of these General Conditions or the Order which by their nature are intended to survive the termination, cancellation, completion or expiration of these general conditions or the Order to which they apply shall continue as valid and enforceable obligations of the Parties, notwithstanding any such termination, cancellation, completion or expiration. Such provisions include, but are not limited to, provisions concerning warranties, indemnifications and confidentiality.

CONTRACT NO. 1920(d)
EXHIBIT "G"
65 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 347 of 600 Envirogen Technologies, Inc.
877.312.8950
9360 Santa Anita Avenue, Suite 107 www.envirogen.com
Rancho Cucamonga, CA 91730

11.4 The validity, interpretation and performance of these General Conditions shall be governed exclusively in accordance with and by the laws of the State of Texas, save and except those Texas laws governing choice of laws which would result in the choice of a law or laws of another jurisdiction.

11.5 In the event of any dispute between the parties arising under these General Conditions or the Order, the parties agree that (i) the civil courts in and for the County of Montgomery, State of Texas, shall have exclusive jurisdiction and venue to determine such dispute(s) and each party hereby waives any objection to such jurisdiction and venue in any such court and any claim that such forum is an inconvenient forum and (ii) the prevailing Party shall be awarded its costs of suit, including reasonable attorney's fees.

11.6 The Order and these General Conditions set forth the entire agreement of the Parties regarding the services and Products described in the Order and supersede all prior discussions and agreements of the Parties, whether written or verbal other than prior confidentiality or non-disclosure agreements between COMPANY and SUPPLIER. The Order and these General Conditions may not be modified, amended, rescinded, canceled or waived in whole or in part by amendment or change order, except by written instrument, signed by both Parties, which makes specific reference to the Order and which specifies that the Order or these General Conditions are being amended, modified or otherwise altered. All change orders shall make specific reference to the Order and shall be signed by both Parties. All change orders shall indicate any modifications or amendment to the pricing or delivery schedule resulting from the change in scope. Any request by COMPANY to either accelerate or delay a deliverable date described in the Order for any reason shall require a mutually acceptable change order pursuant to this Section. Such change order shall include the new schedule of deliverable due date(s) and any price adjustment occasioned by the change in schedule.

11.7 Any waiver by either Party of any provision or condition of the Order or these General Conditions shall not be construed or deemed to be a waiver of any other provision or condition of the Order or these General Conditions, nor a waiver of any subsequent breach of the same provision or condition.

11.8 If any section, subsection, paragraph, clause or sentence of the Order or these General Conditions shall be adjudged illegal, invalid or unenforceable, such event shall not affect the legality, validity or enforceability of the remaining portions of the Order and these General Conditions as a whole or any portion thereof.

11.9 The covenants and agreements contained herein shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns.

11.10 The Order (or any amendment) may be executed in two or more identical counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute the Order when a duly authorized representative of each Party has signed a counterpart. Photographic, facsimiled, and scanned copies of such executed counterparts may be used in lieu of the originals for any purpose.

CONTRACT NO. 1920(d)
EXHIBIT "G"
66 Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg Page 348 of 600 CONTRACT NO. 1920(c)

SECOND AMENDMENT TO

CONTRACT SERVICES AGREEMENT
(Envirogen Technologies, Inc.)
THIS SECOND AMENDMENT (“Second Amendment”) to that certain agreement entitled “Contract Services Agreement”, Contract No. 1920 dated July 15, 2019, between the CITY OF SAN FERNANDO, a municipal corporation and general law city (“CITY”) and ENVIROGEN TECHNOLOGIES, INC. (hereinafter, “CONTRACTOR”) is made and entered into this 18th day of November, 2024 (“Effective Date”). For purposes of this Second Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONTRACTOR. The capitalized term “Party” may refer to either CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, the CITY and CONTRACTOR are parties to that certain agreement entitled “Contract Services Agreement”, Contract No. 1920 dated as of July 15, 2019, for the performance of certain maintenance services for San Fernando Well No. 7 (hereinafter, the “Master Agreement”) (A true and correct copy of the Master Agreement is attached and incorporated hereto as Exhibit “A”; and
WHEREAS, on April 5, 2021, the Parties executed a First Amendment, Contract No. 1920(a) to amend Section 1.3 of the Master Agreement to increase the total annual not-to-exceed from $93,908.64 to a new annual not-to-exceed sum of $120,000 (A true and correct copy of the First Amendment is attached and incorporated as Exhibit “B”); and WHEREAS, at its meeting of August 16, 2021, the City Council of the City of San Fernando (“City Council”) approved Purchase Order No. 12503 (“PO 12503”) to authorize the performance of additional services by CONTRACTOR under the terms of a proposal of CONTRACTOR dated June 30, 2021, and entitled “San Fernando Packaged Well 3 Nitrate Treatment System and Well 7A Controls Upgrade, Envirogen Proposal #24166” (the “2021 Supplemental Proposal”) (True and correct copies of PO 12503 and the 2021 Supplemental Proposal are attached incorporated hereto as Exhibits “C” and “D” respectively); and
WHEREAS, on November 1, 2021, the Parties executed that certain instrument entitled “Addendum to San Fernando Purchase Order 12503”, Contract No. 1920(b) (the “2021 PO Addendum”) amending and repealing certain provisions of PO 12503 (A true and correct copy of the 2021 PO Addendum is attached and incorporated hereto as Exhibit “E”); and WHEREAS, on June 20, 2023, CITY approved payment of CONTRACTOR’s Invoice No. 0013841-IN SUP 2 dated December 23, 2022, authorizing additional equipment off-loading at the project site for a total of $18,700 (“Change Order No. 1”) (A true and correct copy of Change Order No. 1 is attached hereto as Exhibit “F”); and Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "H" Page 349 of 600 CONTRACT NO. 1920(c)
2 WHEREAS, the Parties wish to expand the Scope of Services to include certain field engineering services to support CITY’s operation of the Ion Exchange Treatment Systems (Plant 1 and Plant 2 located at 12900 Dronfield Avenue, Sylmar, CA); and WHEREAS, the parameters of the contemplated additional services are set forth in that certain supplement proposal of CONTRACTOR entitled “Service Contract Amendment – Envirogen Proposal – 25061” dated April 5, 2024 (hereinafter the “2024 Supplemental Proposal”) (A true and correct copy of the 2024 Supplemental Proposal is attached and incorporated hereto as Exhibit “G”); and
WHEREAS, the Parties also wish to formally approve memorialize the extension of the Master Agreement for an additional two (2) years commencing as of July 15, 2024; and plus one (1) optional two-year extension; and
WHEREAS, this Second Amendment was approved by the San Fernando City Council at its regular meeting of November 18, 2024.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. EXTENSION OF TERM.

The term of the Master Agreement as the same as been amended by the Prior Amendment Documents is hereby extended for an extension commencing as of July 15, 2024 and ending July 15, 2026 plus one (1) optional two-year extension (hereinafter, the “Extension Term”). For purposes of this Second Amendment, the term “Prior Amendment Documents” shall be a collective reference to the documents which are attached and incorporated hereto as Exhibits “B” through “G”. The Parties acknowledge that it has been their intent that CONTRACTOR continue to perform the services and tasks described in the Master Agreement and Prior Amendment Documents after July 19, 2024, and that such services shall continue to be performed up to and until July 15, 2026, and/or plus one (1) optional two-year extension except the extent amended or modified under this Second Amendment.

A. For those services and tasks performed by CONTRACTOR from July 15, 2019, to the Effective Date of this Agreement, CONTRACTOR shall be compensated in accordance with the applicable compensation terms set forth in the Master Agreement as the same was amended by way of the Prior Amendment Document. All services and tasks performed by CONTRACTOR under the Master Agreement and the Prior Amendment Documents shall continue to be compensated in accordance with the applicable compensation terms set forth in the Master Agreement as amended by way of the Prior Amendment Documents.

Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "H" Page 350 of 600 CONTRACT NO. 1920(c)
3 SECTION 2. SUPPLEMENTAL SCOPE OF SERVICES.

A. The Scope of Services is amended to include those various services and tasks described in the 2024 Supplemental Proposal. CONTRACTOR shall commence its performance of the supplemental services and tasks set forth in the 2024 Supplemental Proposal effective as of July 15, 2024 (the “2024 Supplemental Services Start Date”).

B. The supplemental terms and conditions referenced under that certain document entitled “General Conditions for the Sale of Products and Services by Envirogen Technologies, Inc” which is attached to the 2024 Supplemental Proposal as Attachment B shall apply onto to those services and tasks provided and/or performed by CONTRACTOR under the 2024 Supplemental Proposal.

C. Paragraph B of this Section notwithstanding, the following section of Attachment B of the 2024 Supplemental Proposal are hereby repealed and shall be of no force or effect: 7, 8, 9, 11.4, 11.5 and 11.6
SECTION 3. SUPPLEMENTAL SERVICES COMPENSATION.

A. Supplemental Services Compensation Terms. As described in the 2024 Supplemental Proposal under the heading “Field Service and Field Engineering Support Pricing” CONTRACTOR’s total monthly compensation for all services and tasks performed under the 2024 Supplemental Proposal shall be a fixed monthly lump sum of NINE THOUSAND, SEVEN HUNDRED AND FIFTY DOLLARS ($9,750) (the “2024 Supplemental Services Monthly Sum Charge”) plus any additional sums representing sales taxes on the 2024 Supplemental Services Monthly Sum Charge and any additional sums representing transportation costs as described under Section 3.2 of Attachment B of the 2024 Supplemental Proposal. Compensation for the services and tasks to be performed under the 2024 Supplemental Proposal shall be in addition to any compensation to which CONTRACTOR may be entitled for services and tasks described and performed under the Mater Agreement and the Prior Amendment Documents.

B. Applicable CIP Adjustments. Paragraph A of this Section notwithstanding, the 2024 Supplemental Services Monthly Sum Charge may be adjusted from time to time in the manner provided under the sub-heading entitled “*CPI Adjustment” which is under the major heading “Field Service and Field Engineering Price” set forth in the 2024 Supplemental Proposal.

C. Emergency Services. CONTRACTOR may also receive compensation sums that are in addition to compensation sums authorized under paragraphs A and B of this Section, above, for certain emergency services provided by CONTRACTOR in the manner described on the first page of the 2024 Supplemental Proposal under the fifth bullet point under the heading “Equipment, Pars, Materials, Salt” and under the document entitled “Emergency Response Envirogen 2024 Labor Rates” which is attached to the 2024 Supplemental Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "H" Page 351 of 600 CONTRACT NO. 1920(c)
4 Proposal as Attachment A. The right of CONTRACTOR to modify those labor rates set forth under Attachment A of the 2024 Supplemental Proposal notwithstanding, CONTRACTOR must provide CITY with no less than sixty (60) days prior written notice before any modified rate amounts may take effect.

SECTION 4. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Master Agreement as previously amended by way of the Prior Amendment Documents, the provisions of this Second Amendment shall govern and control, but only to the extent of the conflict or inconsistency and no further.

SECTION 5. Section 6.18 of the Master Agreement notwithstanding and notwithstanding any other term to the contrary in the Prior Amendment Documents, this Second Amendment, together with the Master Agreement and the Prior Amendment Documents constitute the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed in those documents and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONTRACTOR prior to the execution of this Second Amendment.

IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on this 18th day of November, 2024 which shall also be the first date to appear page one of this Second Amendment, above.

CITY OF SAN FERNANDO ENVIROGEN TECHNOLOGIES, INC.:

By: By:

Nick Kimball, City Manager
Name:

Date:

Title:

APPROVED AS TO FORM Date:

By:

Richard Padilla, City Attorney
Date:

Docusign Envelope ID: AD67B6E3-5EF8-4255-AF14-6D589E37D67E 11/25/2024 | 8:26 AM PST
Bobb Campbell
Chief Operating Officer
12/04/2024 | 9:26 AM PST
12/04/2024 | 2:00 PM EST
September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "H" Page 352 of 600 Finlays Extracts and Ingredients, USA, Inc. Resin Adsorption and IPA Stripping and Recovery Equipment Wildfox III
A Lifecycle Performance Company
PROPOSAL FOR SAN FERNANDO WELL 2 NITRATE

TREATMENT SYSTEM- INITIAL DESIGN AND ENGINEERING
Prepared for the City of San Fernando
June 17, 2025
Envirogen Proposal # 24572 -Version 2.0
877-312-8950
2627 Chestnut Ridge Rd, Suite 260, Kingwood, TX 77339
P.O. Box 5419, Kingwood, TX 77325-5419 www.envirogen.com September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 353 of 600 Proposal 24572 -Version 2.0 San Fernando
June 17, 2025 Page 1
Envirogen Technologies Confidential – Trade Secret and Proprietary Information

LICENSING AND CONFIDENTIALITY STATEMENT
ALL INFORMATION CONTAINED IN THIS DOCUMENT IS THE PROPERTY OF ENVIROGEN TECHNOLOGIES, INC. ("ENVIROGEN") AND ITS AFFILIATES. THE DESIGN CONCEPTS AND INFORMATION CONTAINED HEREIN ARE THE PROPERTY OF ENVIROGEN AND ARE SUBMITTED IN CONFIDENCE. THEY ARE NOT TRANSFERABLE AND MUST BE USED ONLY FOR THE USE AND PROJECT FOR WHICH THE DOCUMENT IS EXPRESSLY SUBMITTED. THEY MUST NOT BE

DISCLOSED, REPRODUCED, LOANED, OR USED IN ANY OTHER MANNER WITHOUT THE EXPRESS WRITTEN CONSENT OF ENVIROGEN. ENVIROGEN ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE USE OF THIS DOCUMENT OR THE

DESIGN CONCEPTS AND INFORMATION CONTAINED HEREIN FOR ANOTHER PROJECT OR IN A MANNER THAT DOES NOT RELATE TO THE ORIGINALLY INTENDED USE OF THIS DOCUMENT. IN NO EVENT SHALL THIS DOCUMENT OR THE

DESIGN CONCEPTS AND INFORMATION CONTAINED HEREIN BE USED IN ANY MANNER DETRIMENTAL TO THE INTERESTS OF ENVIROGEN. THE RIGHTS AND OBLIGATIONS OF ENVIROGEN AND ITS CUSTOMER ARE FURTHER LIMITED IN THE AGREEMENT BETWEEN THEM FOR THIS PROJECT. ALL PATENT AND OTHER RIGHTS ARE RESERVED.

ACCEPTANCE OF THE DELIVERY OF THIS DOCUMENT CONSTITUTES AGREEMENT TO THESE TERMS AND CONDITIONS.

Revisions Log
Revision General Notes:

Proposal
Revision Date Notes/Comments Issued
by
Approved
by
0 1/06/2023 Initial Issue MD KS
1 1/24/2023 Commercial Review TSW KS
2 6/17/2025 Reissue After New Updates Received TSW BC
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TABLE OF CONTENTS
LICENSING AND CONFIDENTIALITY STATEMENT ............................................................................ 1

1.0 Project Summary and Approach............................................................................................... 3

1.1 Introduction........................................................................................................................... 3

1.2 Proposed Approach............................................................................................................... 3

2.0 Technical Overview................................................................................................................... 4

2.1 Regnerable Ion Exchange System ......................................................................................... 4

3.0 Design and Management.......................................................................................................... 6

3.1 Engineering Scope................................................................................................................. 6

3.2 Project Engineering Deliverables.......................................................................................... 6

3.3 Preparation of Progress Reports........................................................................................... 6

3.4 Attendance at Project Meetings........................................................................................... 7

3.5 Client-Furnished Items.......................................................................................................... 7

4.0 Notes & General Clarifications.................................................................................................. 7

5.0 Schedule.................................................................................................................................... 8

6.0 Pricing........................................................................................................................................ 8

6.1 Initial Design and Engineering............................................................................................... 8

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1.0 PROJECT SUMMARY AND APPROACH

1.1 INTRODUCTION
Envirogen Technologies, Inc. (Envirogen) was advised that the City of San Fernando (City) utilizes Well 2A extensively, and that it has a trending increasing nitrate concentration that could soon exceed the Federal Maximum Contaminant Level (MCL) for nitrate. Currently, the City already possesses two existing Envirogen ion exchange (IX) treatment systems on site (Wells 3 and 7), treating up to 2000 gpm of nitrate-laden groundwater to below the required effluent limit.

Envirogen’s engineering and field service team members have assisted the City of San Fernando personnel with the installation and operation of these treatment units over the past five years, and have been operating effectively per design. Hence, Envirogen is now being requested to supplement these existing water treatment systems with potentially one new Envirogen IX unit for Well 2A, treating up to 2000 gpm of nitrate-laden groundwater. City staff have advised Envirogen that the new IX treatment should occur at the location of the Well 2A site, so additional and specific site engineering are required.

Based on the above need, Envirogen has prepared this proposal for the initial design and engineering of a SimPACK™ package Ion Exchange system for the City Well 2A. Following this engineering effort, it is anticipated that the City will require a formalized proposal from Envirogen for the Final Design and Equipment.

1.2 PROPOSED APPROACH
Like the existing Envirogen systems (Wells 3 and 7) that are currently in operation at the City of San Fernando , Envirogen proposes our SimPACK ion exchange system to remove nitrate from the City of San Fernando Well 2A at a flowrate of up to 2000 gpm. Based on the water quality data provided in November, 2020 and the summary information shown in Table 1, Envirogen’s model simulations predict that the use of regenerable ion exchange technology will be the most cost effective solution for this application.

Table 1: Process Summary Information
Analyte Units Influent Effluent Target
Nitrate (NO3
-
-N) mg/L 10 ≤ 8.0
Envirogen proposes our regenerable nitrate ion exchange treatment systems to treat the full flowrate of 2000 gpm. The feedwater water will be treated to meet the effluent treatment requirements, set at 80% of the nitrate-nitrogen Maximum Contaminant Level (≤ 8.0 mg/L). The system utilizes multiple beds, operating in a staggered mode, which allows individual beds to operate past their breakthrough point while producing treated water that contains the allowable amount of nitrate.

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2.0 TECHNICAL OVERVIEW
Below is an overview of the major unit processes to be used for the design of the new SimPACK ion exchange treatment system. The proposed system will treat 100% of the feed flow rate from the Well 2A (i.e., 2000 gpm) for nitrate.

2.1 REGNERABLE ION EXCHANGE SYSTEM
Envirogen’s SimPACK ion exchange system allows for continuous on-demand treatment with the use of regenerable ion exchange resins. Our automated system controls the flow of water for treatment, as well as regeneration and rinse cycles for exhausted bed vessels, to maintain a set number of beds for treatment of the target contaminant.

The major components of the system include:
• pre-filtration,
• ion exchange (IX) treatment vessels inside a City provided building structure • regeneration system all controlled and monitored by a programmable logic controller (PLC) utilizing Envirogen SimPACK control logic.

The process begins with City’s raw water, sent from the well field to the pre-filtration unit where suspended solids greater than 5 microns are removed using standard bag-type filters.

The prefiltration unit removes a large amount of Total Suspended Solids (TSS) and eliminates the need to backwash the IX vessels.

After being filtered, the water is then sent to Envirogen’s SimPACK IX system where the nitrate is removed using proven IX technology. Envirogen uses a multi-bed design operated in a staggered mode process. The staggered bed is Envirogen’s N+3 method which means that all but three of the vessels are online while two vessels are being regenerated and one vessel is in standby (Figure 1). This design provides the system treatment redundancy that is required by the regulators, while producing a consistent effluent water quality that meets the target water quality requirements. Flow volumes into each bed are monitored to ensure optimal bed volumes are achieved before any regeneration is required.

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Envirogen Technologies Confidential – Trade Secret and Proprietary Information Figure 1. SimPACK Staggered Bed Design.

The nitrate is exchanged for chlorides on the IX resin.

Once a vessel is exhausted and removed from service,
regeneration of the SimPACK system is controlled by
the SimPACK PLC controller that regulates the flow of
the regenerate, a sodium chloride (brine) solution,
and rinse water into IX vessel(s). The concentrated
(26%) brine is injected into the bottom of the IX vessel using a brine pump. Dilution water is injected into the IX vessel to reduce the brine concentration to
approximately 12%. The brine is applied in countercurrent process and is cascaded across two vessels to use the chloride ions most effectively in the solution. Once the regeneration process is complete, the vessels are rinsed using the treated effluent water in a cascading arrangement to minimize waste. The rinse water is partially recovered and used as make-up water for the brine tank. The remaining rinse water, along with the brine waste, is sent to the waste equalization tank. All steps in the regeneration process are designed to minimize waste generation. The actual daily volume of waste will be determined based on the final process set points and treatment system utilization.

The SimPACK system is controlled and monitored using a PLC controller accessed via a human machine interface (HMI) panel located inside the system container. The PLC monitors all key performance criteria, including nitrate levels and bed volumes, and provides all system notifications and alarms. In the event of a process issue or equipment failure, the PLC triggers an alarm, which can trigger a well(s) shutdown, ensuring that water quality is always maintained. The PLC is also capable of being remotely monitored and can be tied into the customer’s SCADA system if desired. This system allows for minimal operator interaction for general operational conditions.

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3.0 DESIGN AND MANAGEMENT
Envirogen’s proposed scope of supply is outlined below.

3.1 ENGINEERING SCOPE
Envirogen’s proposed scope includes the initial design and engineering to develop the basis of design for a full-scale plant and includes:
• Prepare Process Flow, Instrument Diagrams, and Descriptions. • Prepare General Arrangement Drawings to show skids and overall layout in the City proposed building.
• Assist the City of San Fernando’s engineer with review of design. • Finalize the review comments into a preliminary design package. • Based on the agreed upon design, prepare a formal equipment pricing proposal based on H2, 2025 prices for materials, transportation and equipment.

3.2 PROJECT ENGINEERING DELIVERABLES
The engineering deliverables (“Deliverables”) for the system will include the following documents:
• Process Documents
o Process Flow Diagrams with Material Balance
o Piping and Instrumentation (P&ID) Diagrams
o Process Control Description
o Estimate of Utility Requirements
• Mechanical Documents
o General Arrangement Drawings for Treatment Plant
o List of Major Equipment
• Formal pricing proposal for materials, transportation and equipment.

3.3 PREPARATION OF PROGRESS REPORTS
Envirogen will provide monthly status reports detailing progress made, status vs. the Envirogen Project Schedule, activities to be completed in the following month, outstanding issues, resolution of prior outstanding issues and any other reasonable information requested by the client.

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3.4 ATTENDANCE AT PROJECT MEETINGS
Envirogen will attend the following meetings and conferences at the location indicated or via teleconference or virtual meeting (i.e. Microsoft Teams):
• Kickoff and Discuss Plant Design - Up to eight (8) virtual visits with San Fernando’s representative (weekly basis).

3.5 CLIENT-FURNISHED ITEMS
• Coordination of information that may impact Envirogen’s ability to fulfill its obligations as set forth in this Proposal and attachments hereto. • Permission and clearance for site visits and walkdowns, including any site-specific safety training, orientations, or escorts while on site. • Provide information and definition of site hazardous area electrical classification. • Design and installation detail design including piping, electrical, HVAC, mechanical, architectural, and civil design beyond the equipment package design by Envirogen.

4.0 NOTES & GENERAL CLARIFICATIONS
• The engineering work included in this Proposal is preliminary and intended to support San Fernando’s scope development. Drawings, lists or specifications will be suitable to support a formal pricing proposal based on H2, 2025 pricing for materials, transportation and equipment. The Proposal scope does not include fully detailed or ready for construction documentation.
• All design work will be done per Envirogen standard formats and layout. It is acceptable to use Envirogen document formats for this phase of the work. • All document and drawings will be submitted by electronic means in PDF format via email or file share. The project will allow for one (1) review and approval cycle.

Additional changes or requests beyond the initial scope may result in a change order request for additional engineering and document revisions. • No Equipment is being supplied as part of this scope of work.

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5.0 SCHEDULE
The estimated schedule for the scope of work is provided in Table 2.

Table 2: Estimated Schedule
Milestone Estimated Dates
Kickoff Meeting / Initial Site Visit 2 weeks after PO Execution Submittal of Initial/Draft Engineering Documents 6 - 8 Weeks after Kickoff Meeting Submittal of Final Design Documents 2 weeks after Return of Comments Submittal of Formal Pricing Proposal (if
requested) 2 weeks after Return of Comments

6.0 PRICING

6.1 INITIAL DESIGN AND ENGINEERING
The pricing for the Scope of Work in Section 3.0 is:

SimPACK treatment system initial design/engineering......................................... $71,000.00

6.2 TERMS & CONDITIONS
• This Proposal is valid for 30 days.
• Pricing provided excludes applicable sales taxes. All other taxes or permits and other services or products not specifically mentioned in this Proposal are excluded herein.
• This Proposal/Offer and its appendices must be attached to or incorporated by reference in any purchase/change order.
• Payment Milestones are provided in Table 3.
• Payments are NET 30 from invoice issuance.
• Terms and Conditions in Appendix A apply.

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Envirogen Technologies Confidential – Trade Secret and Proprietary Information Table 3: Payment Table Milestones
Milestone # Event Percentage of
Contract Value
1 Upon Acceptance of Order by Envirogen 20%
2 Submittal of the Project-Specific Drawings
Submittals will occur in stages and will be invoiced as:
a) Process Submittal – 35%
b) Mechanical Submittal – 35% (including electrical one line)
Invoices may be prorated for partial progress, but no more than one invoice will be submitted per month.
70%
3 Submittal Final Project-Specific Drawings and
Equipment/Services Pricing Proposal 10%
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APPENDIX A

GENERAL CONDITIONS FOR THE SALE
OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.

September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 363 of 600 1 GENERAL CONDITIONS FOR THE SALE
OF PRODUCTS AND SERVICES BY ENVIROGEN TECHNOLOGIES, INC.

ETIGC #221118
The following General Conditions are and shall be an integral part of any Order to which these terms and conditions are attached and/or referenced. In no event shall any term or condition attached to or made part of any purchase order or other contract document issued by Purchaser, or any shipping document or other document associated with the services or Products described in the Order to which these General Conditions apply have any controlling effect whatsoever unless specifically adopted in writing by an authorized representative of both Envirogen Technologies, Inc. (“Envirogen”) and Purchaser.

1. Definitions. Throughout these General Conditions or any Order or other document to which they apply, the following words and phrases, when printed with the initial letter capitalized (unless shown below without capitalization), shall have the meanings ascribed to them below, unless the context requires otherwise:
“Cost” shall mean all expenses incurred by Envirogen for materials, supplies, energy, regulatory permitting, labor, outside contractors and professionals, transportation, supervision, excise, sales and similar taxes. For all purchases of materials, supplies and services, “Costs” shall include an additional ten percent (10%) of the direct expense to reimburse Envirogen for purchasing and accounting activities.

Labor charges for Envirogen’s personnel will be at rates shown in any Order or attachment, exhibit or schedule incorporated therein. In the absence of any such specification of rate(s), labor charges for Envirogen’s personnel will be at the individual’s hourly wage rate (or equivalent) plus forty percent (40%) for employee and group benefits and employee taxes.
“Purchaser” shall mean the person or entity purchasing Products or services from Envirogen. “Day” or “day” shall mean a calendar day unless otherwise indicated. “Party” or “Parties” shall mean either Envirogen or Purchaser or both. “Products” shall mean products, equipment, parts, goods, media or materials meeting the description or specifications set forth in the Order.
“Order” shall mean any purchase order, work order, change order, letter agreement or similar contract document issued by Purchaser and accepted in writing by Envirogen or issued by Envirogen and accepted in writing by Purchaser which either references or attaches these General Conditions and/or all attachments, amendments or any ancillary documents to any such contract document. “Owner” shall mean the ultimate end user of the Product or service where the end user if not the Purchaser. Normally this would occur where the Purchaser is a prime contractor and Envirogen is a subcontractor.

September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 364 of 600 2 In addition to the definitions set forth above, embedded within these General Conditions or any Order, there may be additional defined terms which are designated as such in a parenthetical and highlighted with quotation marks.

2. Cooperation of Purchaser. To assist Envirogen in providing Products and/or performing services, Purchaser shall (i) provide Envirogen with all relevant material, data, and information in its possession pertaining to the specific project or activity, (ii) consult with Envirogen when requested, (iii) permit Envirogen reasonable access to relevant Purchaser or Owner controlled sites, (iv) ensure reasonable cooperation of Purchaser’s employees and the Owner, and (v) unless a longer period is provided for in the Order, return all drawings or other documents submitted by Envirogen to Purchaser for review, comment and/or approval within a commercially reasonable time following submission not to exceed ten (10) business days. Any failure to return documents within the time prescribed shall be considered a waiver by Purchaser of its right to review and approve or comment on the documents.

3. Price, Costs and Payments.

3.1 Unless otherwise stated therein, the price(s) and charges for Products and/or services specified in any Order are exclusive of any sales, use, value added, excise, gross receipts, business and occupation or similar present or future taxes imposed by any governmental entity on the sale, delivery, use or other handling of the Product or service or in connection with any transactions contemplated by the Order to which these General Conditions apply. If any such taxes are incurred by Envirogen, Purchaser shall reimburse Envirogen the amount of such taxes.

3.2 Whenever rates or prices in any Order include transportation or when transportation is charged separately by Envirogen, such rates, prices or charges shall be exclusive of (i) material increases in the cost of transportation occasioned by significant increases in the costs of fuel or weather, road or access conditions which could not have been reasonably anticipated in advances of pricing the cost of transportation or (ii) any extraordinary or excess demurrage charges incurred by Envirogen from third party carriers which arise from delays or demurrage at the delivery point. Demurrage will be charged to Purchaser except to the extent such demurrage primarily results from the negligence or other fault on the part of Envirogen or its carrier.

3.3 Unless otherwise specifically indicated in the Order, all prices (or other values) in the Order are stated in U.S. dollars and all payments are to be made in U.S. dollars.

3.4 Invoices may be provided to Purchaser, at the option of Envirogen, by mail, delivery service, electronic mail or fax and payments by Purchaser shall, at the election of Envirogen, be made by mail, overnight delivery service or electronic funds transfer. Purchaser shall provide Envirogen with contact information for delivery of invoices.

Invoices shall be due and payable within thirty (30) days of receipt by Purchaser of the invoice. TIME IS OF THE ESSENCE for payment of all fees and charges. Interest on delinquent payments shall accrue until paid at the greater rate of (i) twelve percent (12%) per annum or (ii) the prime interest rate as quoted by the Wall Street Journal plus 500 basis points (adjusted on the first day of each calendar quarter.) In the event that the interest rate described above exceeds the maximum interest rate chargeable under law for such transactions, such maximum legal rate shall apply.

3.5 Should any portion of an Envirogen invoice be disputed by Purchaser, Purchaser will pay the undisputed portion and within the payment period prescribed above shall provide Envirogen with written notice of the disputed portion of the invoice and the reasons for the dispute. In no event shall Purchaser withhold payment of any undisputed portion of a Envirogen invoice based on the set-off of a Purchaser claim against Envirogen or as a back-charge for monies claimed to be owed Purchaser by Envirogen. At the request of Purchaser, Envirogen shall provide Purchaser with a written partial release of statutory liens utilizing Envirogen’s standard form which shall be conditioned on actual receipt of payment of a particular invoice.

3.6 Envirogen may, from time to time, establish such credit terms as it shall, in the sole judgment of Envirogen, deem reasonably necessary, including, but not limited to, credit limits.

3.7 In the event that Envirogen should incur Costs, including, but not limited to, attorney’s fees and collection agency fees, to collect overdue invoices and accounts, Purchaser shall reimburse Envirogen for all such reasonable Costs whether or not litigation has been initiated to collect the overdue account.

September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 365 of 600 3 3.8 When fees or charges are based in whole or in part on a reimbursement by Purchaser of Envirogen’s actual costs, with or without a mark-up, such costsshall be determined at the time of invoicing whether or not the cost has already been paid by Envirogen or has, as of that time, accrued as an expense for purposes of accounting. Any future rebate or credit to Envirogen which may be associated either directly or indirectly with the cost or expense, shall not give rise to a similar rebate or credit from Envirogen to Purchaser.

4. Delivery and Risk of Loss.

4.1 Except as otherwise set forth in the Order, delivery of Product shall be DAP work/installation site (Incoterms 2010).

4.2 Except as otherwise set forth in the Order, Purchaser agrees to take delivery of Product upon notice from Envirogen that the Product is ready for delivery. If for any reason Purchaser is either unable or unwilling to accept delivery, Purchaser shall be responsible to pay or reimburse Envirogen for all additional Costs incurred for storage, insurance and/or transportation.

4.3 Title to and risk of loss with respect to Products shall pass from Envirogen to Purchaser at the time the Product is delivered to Purchaser. Product shall be deemed to be delivered when the Product has been loaded to Purchaser’s carrier or if delivered by Envirogen to Purchaser’s or Owner’s work site, upon arrival at the work site. (See Section

4.1) Offloading from the Envirogen carrier is the responsibility of Purchaser. Damages to the Product incurred during offloading shall be the responsibility of Purchaser. To qualify for a credit, any shortage or damages (other than those incurred after delivery DAP) to the Product shall be reported in writing to Envirogen by Purchaser within five (5) business days of the date of delivery of the Product.

5. Force Majeure. If Envirogen is rendered unable to perform its obligations under the Order by an event beyond the reasonable control of Envirogen, Envirogen shall not be liable to Purchaser for failure or delay in such performance to the extent that the failure or delay is due to such force majeure event. Force majeure events shall include, but shall not be limited to, war (whether declared or undeclared), fire, flood, lightning, earthquake, hurricane, storm or any other act of God; strikes, lockouts or other labor difficulties; civil disturbances, riots, sabotage, accident not involving fault on the part of Envirogen or explosion; inability to secure necessary fuel, power, equipment, transportation or raw materials and/or any other reason beyond the reasonable control of Envirogen.

6. Supervening Event. ‘Supervening Event’ is defined as an event or circumstance beyond Envirogen’s control that could not reasonably have been provided against before entering into the Purchase Order, which, having arisen, could not reasonably have been avoided or overcome, and which is not substantially attributable to the fault of Purchaser. A Supervening Event may include, but is not limited to exceptional events or circumstances of the following kind:
6A. Civil commotion, civil disobedience or dissent, riot, theft, vandalism or civil commotion or any declared State of Emergency, third-party protest
6B. Blockade or embargo, industrial action, or other labor-related disputes, strike, or lockout by persons other than Envirogen's personnel and other employees of Envirogen and Envirogen’s subcontractors; 6C. Munitions of war, explosive materials, ionizing radiation, or contamination by radioactivity, except as may be attributable to the Envirogen's use of such munitions, explosives, radiation, or radioactivity; 6D. Commercial impracticability, irreparable disruption of the economy or solvency of the agreement that is no fault of Envirogen;
6E. Governmental acts or omissions, changes in laws or regulations, failure of any utility supplier or governmental authority;
6F. Epidemic, pandemic, mandatory quarantine as declared by local governmental authority; 6G. Generalized lack of availability of materials or critical components or equipment within the local market; This offer is predicated on the Parties acknowledging that the war in Ukraine and the COVID-19 pandemic are currently causing global disruption. While neither party is aware of any current cause that would prevent or delay Envirogen in its contract performance, it is understood that both Parties acknowledge that a Supervening Event could arise because of future impacts of these events.

September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 366 of 600 4 Envirogen is neither responsible nor liable for any failure, hindrance, or delay in performing any obligation due to any ‘supervening or exceptional event’ beyond its reasonable control. If such an event occurs, Envirogen will work collaboratively with the Purchaser and take reasonable steps to meet contractual obligations and other associated provisions or find alternative solutions acceptable to the relevant counterparties. If Envirogen is prevented from performing any of his obligations under the Purchase Order due to a supervening event and suffers delay and/or incurs cost because of such event, in that case, Envirogen shall be entitled to an extension of time for any such delay (if completion is or will be delayed) and additional compensation associated with the event, which will be collaboratively and transparently agreed with Purchaser as soon as such an event materializes

7. Warranties. The following warranties are in addition to any other warranties specifically set forth in the Order:

7.1 Products. Envirogen warrants to Purchaser that (i) Envirogen will have title to all Products delivered to Purchaser, free and clear of all liens, encumbrances and security interests, and (ii) that all Product will conform at the time of delivery to the written mechanical product description and/or specifications set forth or otherwise referenced in the Order. In the event of a failure by Envirogen to materially meet the terms of the warranty set forth in this Subsection 7.1, Envirogen, at its own expense, shall remove the defective, non-conforming product and replace it with a like quantity of conforming Product meeting the description or specifications.

7.2 Equipment, Parts and Goods. Except as otherwise provided for in the Order, Envirogen warrants as follows:

A. Equipment and systems which are the subject of the Order shall, when constructed, installed, used, maintained and operated in strict compliance with the plans, specifications and instructions of Envirogen, meet the performance criteria specifically set forth in the Order during the performance testing period described therein.

B. At the time of delivery, equipment and parts will be free from any and all material defects which would reasonably interfere with their use by Purchaser. In the event such defect is reported to Envirogen within twelve (12) months from date of installation of the equipment or part or within fourteen (14) months following delivery by Envirogen, whichever comes first, Envirogen will repair or replace the defective component without charge.

7.3 Services. Envirogen warrants as follows:

A. In providing services under the Order, Envirogen will comply with all federal, state and local laws.

B. The services to be provided by Envirogen shall be performed utilizing the same generally accepted standards of due diligence, skill, reasonable care and safety ordinarily employed by service providers similarly situated in the same geographic region and at the same time.

C. All Envirogen personnel engaged in providing the services pursuant to the Order (i) shall be appropriately supervised by qualified persons in Envirogen’s employ, (ii) shall be appropriately skilled to perform the work to which they are assigned, and (iii) shall have met appropriate licensing and certification requirements of the state in which the service are to be provided.

7.4 Media and Resins. Unless otherwise set forth in the Order, Envirogen warrants that media supplied by Envirogen meets or exceeds Envirogen’s specifications for the media and manufacturer’s specifications for the media at the time of shipment.

7.5 Patents. Envirogen warrants that neither its Products nor its services shall infringe upon any patent(s) or copyright(s), or misappropriate or misuse trade secret(s) or other confidential information unless such Product or service is provided in compliance with Purchaser provided specifications. In the event of a default under this patent and intellectual property warranty, upon notice of the default by Purchaser, Envirogen shall obtain on behalf of Purchaser such releases, licenses or other appropriate authorizations as shall be necessary to prevent the infringement.

7.6 ENVIROGEN MAKES NO WARRANTY, EXPRESSED OR IMPLIED, PURSUANT TO THESE GENERAL CONDITIONS,

THE ORDER OR OTHERWISE OTHER THAN AS IS SPECIFICALLY SET FORTH IN THIS WARRANTIES PARAGRAPH AND THE ORDER AND NONE SHALL BE IMPLIED. THE WARRANTIES AND ANY REMEDIES SET FORTH IN THIS WARRANTIES PARAGRAPH AND/OR THE ORDER ARE EXCLUSIVE. THE WARRANTIES ARE GIVEN AND ACCEPTED BY PURCHASER

IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT

LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED BY ENVIROGEN AND WAIVED BY PURCHASER. ANY September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 367 of 600 5 REMEDIES PROVIDED FOR IN THIS WARRANTIES PARAGRAPH AND OR THE ORDER ARE IN LIEU OF ALL OTHER REMEDIES AT LAW OR IN EQUITY FOR BREACH OF A WARRANTY.

7.7 Purchaser may assign Envirogen’s warranty obligations to the Owner without the consent of Envirogen and shall provide Envirogen with written notice of such an assignment.

8. Indemnification.

8.1 Each Party hereby agrees to defend, indemnify and hold the other Party and their respective partners, affiliates and subsidiaries, and their respective directors, officers, partners, members, employees and agents (collectively “Indemnified Parties”), harmless from and against any and all claims, liabilities, suits, proceedings, judgments, orders, fines, penalties, damages, losses, Costs and expenses (including, without limitation, costs of defense, settlement and reasonable attorneys’ fees and expenses) (all of the foregoing herein collectively called “Liabilities”), arising out of (i) the indemnifying Party’s negligence or willful misconduct; and, (ii) failure of the indemnifying Party or any of its employees or agents to observe or comply with any of the indemnifying Party’s duties or obligations under these General Conditions or the Order, including, without limiting the generality of the foregoing, any failure to observe or comply with any applicable laws, ordinances, codes, orders, rules or regulations; violation or breach of any provision in these General Conditions or the Order including, but not limited to, any warranty for which a remedy is not specified. The foregoing obligations of indemnity will include, but not be limited to, any and all Liabilities for or relating to (i) injury to or death of any person (including, without limitation, employees or agents of the Parties), (ii) damage to or loss or destruction of any property (including, without limitation, property of the Parties, or their respective employees or agents), and (iii) any spill, release or leak of any hazardous substance or waste or any contamination of, injury or damage to or adverse effect on the environment. The indemnifying Party shall be liable, however, only for that percentage of total Liabilities that corresponds to the indemnifying Party’s percentage of total negligence or fault as compared to that of the indemnified Party.

8.2 Neither Party shall have any liability to the other Party for any indirect, incidental, aggravated, exemplary, punitive, or consequential damages incurred by the other Party, whether brought on an action for breach of contract, breach of warranty, tort, strict liability, or otherwise and irrespective of whether caused or allegedly caused by either Party’s negligence or willful misconduct and none shall be awarded by any tribunal against a Party hereto in favor of a Party hereto; provided, however, that the limitations on liability contained in this Section 7.2 shall not apply to damages which are part of a third party claim for which a Party is claiming an indemnity obligation under this agreement from the other Party and the Party entitled to indemnity protection under this agreement is seeking an indemnity or other relief against the payment of such damages from the Party required to provide such indemnity or other relief. Anything in the Order or these General Conditions notwithstanding, any liability of Envirogen under the Order shall not exceed in the cumulative aggregate, the lesser of the total fee or charges invoiced under the Order or $1,000,000.

9. Confidential Information.

9.1 Purchaser agrees that all information related to Envirogen’s systems, services, Products, methods, procedures, techniques, and equipment (“Confidential Information”) is and shall remain Envirogen’s exclusive proprietary and confidential information, know-how and property. Purchaser agrees to use Confidential Information solely for the purposes set forth in the Order. Purchaser agrees to keep Confidential Information confidential in accordance with the provisions of Section 8.2, and Purchaser shall not disclose, use or exploit for its benefit or the benefit of any third party Confidential Information other than in furtherance of the purpose of the Order. Purchaser shall not reverse engineer, disassemble, chemically or biologically analyze or decompile any Product or other tangible objects which embody Envirogen’s Confidential Information.

9.2 Disclosure of Confidential Information may be in tangible form, by electronic media, by visual display or inspection or it may be provided orally. Confidential Information need not be marked “confidential”, “secret” or the like. Purchaser shall not use or disclose Confidential Information for any purpose other than as specified in the Order.

Purchaser will use at least the same degree of care to avoid disclosure or unauthorized use of Confidential Information as Purchaser uses with respect to its own confidential information, but in no event less than a reasonable standard of care. Purchaser shall require in writing that the Owner agree to be contractually bound to Envirogen by the provisions of this Section 7.2. Envirogen may seek injunctive relief to enforce its rights under this Section without any requirement of proving irreparable injury. Confidential Information does not include the following: (a) September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 368 of 600 6 information which prior to receipt by Purchaser was either generally available to the public or in Purchaser `s possession free of any restrictions on its use or disclosure from a source other than Envirogen; or (b) information which after the receipt thereof by the Purchaser either becomes available to the public through no fault of Purchaser or is acquired by Purchaser from a third party who has the legal right to transfer the information to Purchaser; or (c) information required to be disclosed by Purchaser pursuant to law but only after reasonable notice of the requirement of disclosure is provided to Envirogen.

10. Termination for Convenience. If the Order provides that the Purchaser may terminate the Order for its convenience and without cause, such termination shall be accomplished by written notice from the Purchaser to Envirogen. Upon such a termination for convenience, Purchaser shall pay Envirogen (i) for all Products and services delivered prior to the date of termination, and (ii) any and all Costs incurred by Envirogen prior the date of Termination incurred by Envirogen in the engineering, design, production, acquisition, transportation or otherwise for any Product or service as yet undelivered plus a mark-up of 25% and (iii) all reasonable Costs associated with the demobilization of Envirogen following the termination.

11. Insurance. If the services and/or the delivery of the Products require Envirogen or its contractors or carriers to enter on to any property owned or occupied by Purchaser, then Envirogen shall procure and maintain the following insurance coverages:

Coverage Policy Limits
Workers’ Compensation Statutory
Employer’s Liability Insurance $1,000,000 per accident or disease Commercial General Liability $1,000,000 per occurrence and including contractual liability; and $1,000,000 in the aggregate
Automobile Liability Policy $1,000,000 per occurrence (including owned, non-owned, and hired vehicles) non-owned, and hired vehicles)
All such policies shall name Purchaser and Owner as an additional insured as respects liability arising from work or operations performed by or on behalf of Envirogen (excluding the workers’ compensation policy). Envirogen shall promptly furnish Purchaser with certificates of insurance evidencing the required insurance coverage.

12. Miscellaneous Provisions.

12.1 For all purposes of the Order, Envirogen is and shall remain an independent contractor. There are no intended third party beneficiaries to these General Conditions or the Order and nothing in this Contract will entitle any person other than Envirogen or Purchaser to any claim, cause of action, remedy or right of any kind under the Order.

12.2 Purchaser agrees that during the term of the Order and for a period of twelve (12) months thereafter, Purchaser will not, directly or indirectly, solicit, request or otherwise induce any Envirogen employee or personnel to terminate his or her employment with Envirogen if such employee has been materially engaged in providing Product or services to Purchaser under the Order. Nothing herein shall be construed to prohibit the hiring of Envirogen employees who have responded without any direct inducement by Purchaser to publically available employment advertisements by Purchaser.

12.3 Those provisions of these General Conditions or the Order which by their nature are intended to survive the termination, cancellation, completion or expiration of these general conditions or the Order to which they apply shall continue as valid and enforceable obligations of the Parties, notwithstanding any such termination, cancellation, completion or expiration. Such provisions include, but are not limited to, provisions concerning warranties, indemnifications and confidentiality.

September 2, 2025 Special & Regular Mtg CONTRACT NO. 1920(d) - EXHIBIT "I" Page 369 of 600 7 12.4 The validity, interpretation and performance of these General Conditions shall be governed exclusively in accordance with and by the laws of the State of Texas, save and except those Texas laws governing choice of laws which would result in the choice of a law or laws of another jurisdiction.

12.5 In the event of any dispute between the parties arising under these General Conditions or the Order, the parties agree that (i) the civil courts in and for the County of Montgomery, State of Texas, shall have exclusive jurisdiction and venue to determine such dispute(s) and each party hereby waives any objection to such jurisdiction and venue in any such court and any claim that such forum is an inconvenient forum and (ii) the prevailing Party shall be awarded its costs of suit, including reasonable attorney's fees.

12.6 The Order and these General Conditions set forth the entire agreement of the Parties regarding the services and Products described in the Order and supersede all prior discussions and agreements of the Parties, whether written or verbal other than prior confidentiality or non-disclosure agreements between Purchaser and Envirogen.

The Order and these General Conditions may not be modified, amended, rescinded, canceled or waived in whole or in part by amendment or change order, except by written instrument, signed by both Parties, which makes specific reference to the Order and which specifies that the Order or these General Conditions are being amended, modified or otherwise altered. All change orders shall make specific reference to the Order and shall be signed by both Parties.

All change orders shall indicate any modifications or amendment to the pricing or delivery schedule resulting from the change in scope. Any request by Purchaser to either accelerate or delay a deliverable date described in the Order for any reason shall require a mutually acceptable change order pursuant to this Section. Such change order shall include the new schedule of deliverable due date(s) and any price adjustment occasioned by the change in schedule.

12.7 Any waiver by either Party of any provision or condition of the Order or these General Conditions shall not be construed or deemed to be a waiver of any other provision or condition of the Order or these General Conditions, nor a waiver of any subsequent breach of the same provision or condition.

12.8 If any section, subsection, paragraph, clause or sentence of the Order or these General Conditions shall be adjudged illegal, invalid or unenforceable, such event shall not affect the legality, validity or enforceability of the remaining portions of the Order and these General Conditions as a whole or any portion thereof.

12.9 The covenants and agreements contained herein shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns.

12.10 The Order (or any amendment) may be executed in two or more identical counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute the Order when a duly authorized representative of each Party has signed a counterpart. Photographic, facsimiled and scanned copies of such executed counterparts may be used in lieu of the originals for any purpose.

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AGENDA REPORT
PUBLIC WORKS DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ City Clerk ☒ Director of Admin. Services ☒ Interim City Manager To: Mayor Mary Mendoza and Councilmembers
From: Kanika Kith, Interim City Manager
By: Wendell Johnson, Director of Public Works
Victor Meza, Water Operations Manager

Date: September 2, 2025
Subject: Consideration to Approve the City’s 2025 Cross-Connection Control Plan and Adopt a Resolution Adopting the Control Plan as required by the State Water Resources Control Board
RECOMMENDATION:

It is recommended that the City Council:
a. Approve the City’s 2025 Cross Connection Control Plan (Attachment “A”); and b. Adopt Resolution No. 8400 (Attachment “B”) adopting the City’s Cross-Connection Control Plan (CCCP)as required by the State Water Resources Control Board (SWRCB) to ensure the protection of the public potable water supply from the risk of contamination or pollution due to cross connections.

BACKGROUND:

1. On July 1, 2024, the State Water Resource Control Board’s (SWRCB) Cross-Connection Control Policy Handbook became effective (Attachment “C”). The Handbook establishes statewide standards for protecting potable water systems from contamination caused by backflow or cross connections.

2. In October 2024, the SWRCB updated its Cross-Connection Control regulations (Attachment “D”) Title 17 and 22, California Code of Regulations.

3. In April 2025, staff contacted several consultants with Cross-Connection Control experience to submit a proposal for the development of the City’s Cross Connection Control Plan (CCCP).

4. On April 24, 2025, staff received one (1) proposal for the development of the Cross-Connection Control Plan from Civiltec Engineering Inc.

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5. On May 6, 2025, staff entered into a Professional Services Agreement with Civiltec Engineering Inc. (Contract No. 2357) for the development of the City’s CCCPH.

6. On June 16, 2025, staff finalized the City’s CCCP in accordance with SWRCB policies.

7. On June 30, 2025, the City submitted a draft copy of the CCCP to the SWRCB to meet the deadline of July 1, 2025. A final copy along with the resolution will be provided to the SWRCB once City’s CCCP is adopted by the City Council.

8. On August 4, 2025, staff requested the item be pulled from consideration from the City Council agenda, pending additional updates and would be brought back to a future City Council meeting.

ANALYSIS:

A Cross‑Connection Control Plan (CCCP) is important for protecting public health and ensuring the safety of drinking water systems. It helps identify and manage potential cross‑connections, such as those from irrigation systems, boilers, or beverage equipment, that could introduce harmful substances into the water supply. The plan also establishes procedures for hazard assessments, testing and maintenance of backflow prevention devices, certified oversight, public education, and enforcement, all of which are vital for maintaining a safe and reliable potable water supply.

California's previous regulations, known as Title 17, were established in 1987 with minor updates in 2000. These regulations required public water systems to implement cross‑connection control programs, conduct surveys to identify potential hazards, provide backflow protection, and maintain records of tests and repairs. However, as both the drinking water and cross‑connection control industries evolved, these regulations needed updating to address emerging challenges and improve public health protection.

In response, the State Water Resources Control Board (SWRCB) adopted the Cross‑Connection Control Policy Handbook on December 19, 2023, which became effective on July 1, 2024. This new policy replaced the previous Title 17 regulations and introduced more comprehensive and enforceable standards for cross‑connection control. Under Section 3.1.4 of the Handbook, all existing public water systems in California are required to submit a written CCCP for state review no later than July 1, 2025.

To comply with this requirement, the City's Water Division engaged Civiltec Engineering Inc. to develop the CCCP in accordance with SWRCB guidelines. The revised program includes:

September 2, 2025 Special & Regular Mtg Page 374 of 600 Consideration to Approve the City’s 2025 Cross-Connection Control Plan and Adopt a Resolution Adopting the Control Plan as required by the State Water Resources Control Board

• Program Administration: Assigns roles to City staff and certified testers. • Backflow Device Management: Sets rules for inventory, installation, testing, and maintenance.
• Inspection Procedures: Schedules regular site checks and corrective actions. • Public Education: Includes community outreach efforts to inform residents and businesses.
• Enforcement Protocols: Outlines steps for compliance and penalties for violations.

The proposed CCCP introduces a formal hazard assessment cycle, clearer criteria for identifying high‑risk sites, and stricter timelines for testing compliance and service termination. It clarifies that the installation, maintenance, and annual testing of backflow prevention devices, including cage protection, are the full financial responsibility of the water user.

One (1) of the components of the CCCP requires the submittal of names and positions of employees assigned and appointed to perform the duties outlined in the plan. The individual’s name, job title, and certification numbers are required for the plan submittal and must be updated with the SWRCB on an ongoing basis to support regulatory compliance. The names and titles are recorded in the State Water Resources Control Board’s database solely for regulatory tracking purposes and are not intended for public release. If any changes occur during the year, the City must notify the SWRCB promptly.

The program has been in ongoing implementation, and existing personnel within the Water Division are already assigned to carry out its operational requirements, including inspections, testing coordination, and regulatory compliance.

Adopting the City’s CCCP reflects the City’s ongoing commitment to delivering safe, reliable drinking water to the community. It strengthens regulatory compliance, enhances operational readiness, and provides a strong foundation for long-term public health protection and customer trust.

BUDGET IMPACT:

Approval of the 2025 Cross-Connection Control Plan is not anticipated to have a significant impact on Fiscal Year 2025-2026 Adopted Budget. Minor administrative or training costs, if any will be absorbed within the existing Departmental budget.

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CONCLUSION:

It is recommended that the City Council adopt Resolution No. 8400 (Attachment “B”) adopting the City’s Cross Connection Control Plan as required by the SWRCB to ensure the protection of the public potable water supply from the risk of contamination or pollution due to cross connections.

ATTACHMENTS:

A. 2025 Cross-Connection Control Plan
B. Resolution No. 8400
C. State Water Resources Control Board Cross-Connection Control Policy Handbook (provided digitally through weblink)
D. Title 17, California Code of Regulations –Updated October 2024 (provided digitally through weblink)

September 2, 2025 Special & Regular Mtg Page 376 of 600

CROSS-CONNECTION CONTROL PLAN
June 2025
PREPARED FOR:

The City of San Fernando
117 Macneil Street
San Fernando, CA 91340
PREPARED BY:

CIVILTEC ENGINEERING, INC
440 N Mountain Ave
Upland, CA 91786
(909) 296-4457
Civil, Water, Wastewater, Drainage and Transportation Engineering Construction Management ● Surveying
California ● Arizona
ATTACHMENT "A"
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i
Table of Contents
INTRODUCTION ........................................................................................................................................................... 1 Purpose ................................................................................................................................................................................. 1 Compliance Statement .................................................................................................................................................... 1 OPERATING RULES OR ORDINANCES ............................................................................................................................. 1 CROSS-CONNECTION CONTROL PROGRAM COORDINATOR ................................................................................ 3 Contact Details ................................................................................................................................................................... 3 HAZARD ASSESSMENTS ........................................................................................................................................................ 4 BACKFLOW PREVENTION .................................................................................................................................................... 6 Backflow Protection Required .................................................................................................................................... 6 Backflow Prevention Installation Criteria .............................................................................................................. 8

CERTIFIED BACKFLOW PREVENTION ASSEMBLY TESTERS AND CROSS-CONNECTION CONTROL SPECIALISTS ................................................................................................................................ 9 Quality Assurance ............................................................................................................................................................. 9 BACKFLOW PREVENTION ASSEMBLY TESTING ........................................................................................................ 9 RECORDKEEPING ........................................................................................................................................................ 12 BACKFLOW INCIDENT RESPONSE, REPORTING, AND NOTIFICATIONS ....................................................... 13 Backflow Incident Response Plan ........................................................................................................................... 13 Backflow Incident Reporting and Notification .................................................................................................. 13 PUBLIC OUTREACH AND EDUCATION ......................................................................................................................... 13 LOCAL ENTITY COORDINATION ..................................................................................................................................... 14 List of Appendices
Appendix A: City of San Fernando Resolution XX
Appendix B: Acronyms and Abbreviations
Appendix C: High-Hazard Premises
Appendix D: Backflow Prevention Assembly Diagrams
Appendix E: Backflow Incident Response Plan
Appendix F: Backflow Incident Response Form
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1 Introduction
The City of San Fernando, established in 1911, is located in the San Fernando Valley northwest of downtown Los Angeles and is bordered by the City of Los Angeles from all surrounding areas.

The study area encompasses a total area of 1,550 acres (2.42 square miles), and overlies the San Fernando, as well as the Sylmar, groundwater basins. Land use within the water service area, comprising of the entire city limits, is primarily serving residential communities with inclusions of commercial, landscape, and no industrial water demand. Currently, the City serves approximately 5,238 customers, with a total of 503 backflow devices (443 customer-owned and 60 city-owned).

Purpose
The purpose of the Cross-Connection Control Policy Handbook is to protect the public health of those served by the City of San Fernando by:
• Effectively minimizing the risk of contamination in the public water distribution system; and • Effectively limiting the City’s legal liability exposure related to backflow of any contaminants stemming from the customer’s plumbing system and then affecting other customers.

Compliance Statement
The City’s Cross-Connection Control Plan (CCCP) has been developed to fully comply with the standards outlined in the California State Water Resources Control Board (SWRCB)'s CrossConnection Control Policy Handbook (CCCPH). The program outlines the implementation procedures, personnel responsibilities, timeframes, and documentation protocols required to identify and mitigate cross-connection hazards. All program components, including hazard assessments, backflow prevention, incident response, public education, and coordination with local agencies, are managed under the oversight of a designated Cross-Connection Control Specialist and documented through a digital tracking system.

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2 Operating Rules or Ordinances
Under the City’s Chapter 94, Article III, Division 2 – Cross Connection Control of the City of San Fernando’s Municipal Code, there are a few sections related to backflow prevention and crossconnection control. These sections are:

Section 94-226 - Established
Section 94-227 –Policy
Section 94-228 – Purpose
Section 94-229 – Definitions
Section 94-230 – Backflow Protection Devices Required
Section 94-231 – Type of Backflow Protection Devices
Section 94-232 – Inspection and Testing of Backflow Protection Devices Section 94-234 - Enforcement
The City of San Fernando will be adopting Resolution 8400, Appendix A, which authorizes the City of San Fernando to implement a Cross-Connection Control program and to terminate service to customers that do not comply with the ordinance within a timely manner.

The City acknowledges the requirement under Section 3.1.3(a)(1) of the CCCPH to have legal authority to take corrective actions when customers fail to comply with cross-connection control requirements, including installation, inspection, field testing, or maintenance of backflow prevention assemblies.

If the customer fails to comply with the City’s installation and maintenance requirements, the City may proceed with the corrective action provisions stipulated in the CCCP. The City holds the authority to implement corrective actions for noncompliant customers, which includes:
• Denying or discontinuing water service to a water user • Installing, inspecting, field testing, and/or maintaining a BPA • Addressing, in a timely manner, a failure to comply with the CCCP September 2, 2025 Special & Regular Mtg Page 380 of 600 Cross-Connection Control Plan
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3 Cross-Connection Control Program Coordinator/Specialist The following tasks will be performed by or under the direction of the City's Cross-Connection Control Program Coordinator (CCCPC):
• Developing and implementing the Program
• Establishing general policy direction and risk management decisions • Reviewing and approving all Hazard Assessments
• Reporting, tracking, and other administrative duty oversite The certified Specialist, or their designee, shall be able to be contacted within 1 hour in the event of a cross-connection incident.

As an alternative, or when no staff or employees are properly qualified, the City may retain a certified Specialist on contract to provide the necessary expertise and services.

Contact Details
The following designated individual is recognized as the current Cross-Connection Control Program Coordinator (CCCPC) and is employed by the City to manage the Division’s CCCP. The CCCP has been reviewed and approved by Gabriel Gomez (subcontracted through Civiltec, Specialist Certification #010510).

Name of Specialist Gabriel Gomez
Telephone Number 714-732-0398
Specialist Certification CA/NV AWWA #010510
The State Water Board adopted a revised version of the Cross-Connection Control Policy Handbook on June 17, 2025, which extended some deadlines. From July 1, 2026 through June 30, 2027, The State Water Resources Control Board requires backflow assembly testers and cross-connection control specialists to be certified by a certification organization recognized in California to comply with the cross-connection control policy handbook requirements. Ruddy Lopez is in the process of taking his backflow inspector exam and his CCC Specialist (CCCS) exam during FY2025-2026.

Name of Coordinator Ruddy Lopez
Telephone Number 818-823-0786
Email Address [email protected]
The following identifies the current authorized designees employed by the City of San Fernando:

Name of Designee Victor Meza
Telephone Number c: 626-379-9132
o: 818-898-1293
Email Address [email protected]
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4 Name of Designee Alex Mendez
Telephone Number c: 818-966-6065
o: 818-898-1293
Email Address [email protected]
Hazard Assessments
The City of San Fernando will conduct an initial hazard assessment of the user premises to evaluate any potential of hazardous backflow into the water system. To assist with the hazard assessment, the City of San Fernando has a Cross Connection Survey Report, that users must fill out. The hazard assessment pursuant to CCCPH section 3.1 must consider:
• The existence of cross-connections;
• The types and use of materials handled or potentially present on the user's property; • The complexity and accessibility of the piping system; • Availability of additional water sources, pumping systems, or pressure systems; • Conditions within the distribution system that could heighten the risk of a backflow event (such as variations in hydraulic gradients caused by main breaks or periods of high-water demand, or multiple service connections that could create flow-through situations); • Accessibility to the user's property;
• Any prior backflow incidents at the user’s location;
• The requirements and details outlined in the CCCPH.

Each hazard assessment must categorize the risk to the City’s distribution system as high, low, or none. It should also assess whether the current BPA offers sufficient protection according to the identified hazard level. Some examples of high hazard cross-connection activities are found in Appendix C.

Hazard assessments conducted before the CCCPH adoption can be considered initial assessments, as long as they comply with CCCPH guidelines and are reviewed by the City in the Cross-Connection Control Plan, as specified in CCCPH section 3.1.4.

After the initial hazard assessment described above, the City must conduct a hazard assessment based on the following criteria:
• a user premises changes account holder (excluding single-family residences); • a user premises is newly or re-connected to the City’s water system; • evidence exists of changes in the activities or materials on a customer’s premises; • backflow from a user’s premises occurs;
• the State Water Board requests a hazard assessment of a customer’s premises; • the City concludes an existing hazard assessment may no longer accurately represent the degree of hazard; and
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5 • periodically (pursuant to CCCPH section 3.1.4.)
A follow-up hazard assessment must be conducted if any changes are made to the water distribution system that could lead to a cross-connection, or if any backflow incidents occur. A cross-connection control specialist must review or carry out each initial and follow-up hazard assessment. They must provide a written finding confirming that, in their professional judgment based on cross-connection control principles, the City’s hazard assessment accurately identified all hazards, assessed the appropriate hazard levels, and recommended the necessary backflow protection.

The timeline for initial hazard assessments is provided on the table below:

Initial Assessment Task Schedule
Assessment of City Facilities Within 60 days
Assessment of all new connections At time of application for water service
Identification and assessment of high-hazard premises
which are listed on SWRCB’s Appendix D of CCCPH On a continuous basis Identification and assessment of hazardous premises
supplemental to SWRCB’s Appendix D of CCCPH On a continuous basis Identification of residential connections with special
plumbing facilities and/or water use on the premises On a continuous basis The timeline for subsequent hazard re-assessments is provided on the table below:

Re-Assessment Task Schedule
Any services with RP or AG installed for
premises containment
If evidence exists of changes in the activities or materials on a user’s premises, if a user changes account holder, excluding residential, or if backflow from a user’s premises occurs (survey)
Commercial services protected with less
than a RP for premises containment
Every 5 years and upon change in use or ownership
(survey)
Residential services protected with less
than a RP for premises containment On a continuous basis Residential services with no known
special plumbing or water use on the
premises
Upon change in use, ownership, or plumbing system
(questionnaire)
User Supervisor
Per the CCCPH Article 2, the SWRCB and the City of San Fernando may, at their discretion, require a customer to designate a User Supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. The User Supervisor will be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the customer’s pipelines and equipment.

The Site Supervisor represents the owner, tenant, or property manager as a liaison to the City. The Site Supervisor must have the authority to carry out any requirements of the City. It is recommended September 2, 2025 Special & Regular Mtg Page 383 of 600 Cross-Connection Control Plan
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6 that the Site Supervisor be an employee who is permanently stationed at the use site. At a minimum, the Site Supervisor must make frequent visits to the site.

The Site Supervisor will be trained on the fluids used and backflow protection for the premise, must inform the City of changes in piping, and maintain current contact information on file with the City.

The designated Site Supervisor must attend a Site Supervisor Certification Workshop, provided by the City.

Site Supervisors:
• Are responsible for the operation, maintenance, and prevention of potential cross connections to the potable water system
• Must be present at all hazard assessments and cross-connection control surveys • Must inform the City of any cross-connection incidents • Are expected to know the provisions contained in the SWRCB’s CCCPH • Are expected to know the basic concepts of backflow and cross-connection prevention, and emergency response procedures
• Are responsible for training personnel at the site on the proper protection of the potable water system
Backflow Prevention
The City of San Fernando is responsible for preventing or managing actual and potential crossconnections by implementing approved BPAs or AGs, in accordance with the guidelines set forth in Article 3 of the State Water Resources Control Board's Cross-Connection Control Policy Handbook:

Standards and Principles for California’s Public Water Systems (CCCPH).

The City utilizes the USC Foundation for Cross-Connection Control to approve all backflow prevention assemblies. Each device undergoes and successfully completes both laboratory and field evaluations as part of the USC Foundation’s Approval Program. Approved backflow prevention assemblies remain valid for three years, after which they must be renewed. Approved backflow prevention assemblies must have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to preform such tests per the CCCPH.

BPAs must remain unaltered and unchanged after receiving approval from the USC Foundation for Cross-Connection Control. The City must require BPA testers to inform them if any water user or City-owned BPA has been modified.

Backflow Protection Required
The City must protect its distribution system from backflow by ensuring that approved backflow prevention assemblies (BPA) are properly installed, maintained, and field-tested by qualified personnel. When a double check valve (DC) is required or referenced in the CCCPH, a double check detector assembly (DCDA or DCDA-II) may be used if appropriate. Similarly, if a reduced pressure (RP) assembly is required, a reduced pressure detector assembly (RPDA or RPDA-II) may be September 2, 2025 Special & Regular Mtg Page 384 of 600 Cross-Connection Control Plan
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7 substituted if suitable. The BPA installed must provide a level of protection that matches the degree of hazard at the user premises, as determined by a hazard assessment conducted in accordance with CCCPH Section 3.2.1.

Unless otherwise specified, the City must use an air gap (AG) or RP for premises containment to protect against high-hazard cross-connections. With State Water Board approval, the City may implement an alternative containment method in place of an AG if it does not increase public health risks. Internal protection may also be accepted when premises containment is not feasible, provided it is approved by the State.

Within ten years of CCCPH adoption, the City must ensure that all fire protection systems have at least DC-level backflow protection. Fire systems with high-hazard conditions, such as chemical additives or auxiliary water supplies, must have RP-level protection. If an existing fire system cannot comply or install the required protection within the ten-year timeframe, the City may propose an alternative date or method in its Cross-Connection Control Plan. For low-hazard fire systems on residential premises, a BPA is not required if certain conditions are met: the premises has only one service connection, the fire line is isolated from the domestic system, a single standard water meter measures all flow, materials used are certified to NSF/ANSI Standard 61, and the fire system is looped and connected to routinely used fixtures to prevent water stagnation.

A swivel-ell may be temporarily used instead of an AG to provide potable water to areas typically served with tertiary recycled water, but only if specific conditions are met. These include approval by the State Water Board, inclusion in the City’s Cross-Connection Control Plan, compliance with design standards in Appendix D of this CCCP, and annual inspections to verify continued compliance.

The RP assembly used with the swivel-ell must be field-tested and confirmed to function correctly. A visual inspection must be done immediately upon switchover to potable water, with a field test completed within 72 hours and at least once every 12 weeks. Additionally, there must be a legally binding agreement between the City and the recycled water supplier that requires notifying the State Water Board of all switchovers within 24 hours, supervision of each switchover by a trained City representative, and submission of a compliance report within seven days if requested.

All customers requiring backflow prevention must ensure that the` required premises containment meets the following conditions:
• The backflow prevention assembly must be purchased and installed by the customer (at the customer’s expense) immediately downstream of the water meter, in full compliance with the City’s standards.
o Customers should initiate the process by submitting development plans through Community Development, which should include conditions for backflow device installation. Plans should be reviewed by the Engineering Department and Water Division for comments, revisions/guidance per SWRCB Cross Connection Handbook policies, then the permit may be processed upon approval. The Cross Connection Control Specialist is the legal designated authority to review and approve backflow protection requirements, inspect installations, survey degree of hazards, and schedule testing with a certified backflow tester.
• The assembly must be properly maintained, tested, and inspected in accordance with the City’s requirements outlined in this plan.

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8 The City recognizes the Fire Department's authority over fire protection systems and will not override its decisions unless a customer’s fire protection system is specifically designed to accommodate the pressure drop associated with a RP device. Since fire protection systems are approved and regulated by the Fire Department, any modifications to these systems fall outside the City’s jurisdiction. However, in the interest of public health and water quality protection, the City will strongly advise customers against adding chemicals to their fire protection systems.

The City will conduct comprehensive assessments of its facilities to identify and mitigate potential cross-connection risks. All facilities producing, treating, storing, or distributing drinking water must have proper internal protection from cross-connections to ensure that all drinking water produced and delivered to customers is protected from cross-connections. These safeguards are essential to ensure that all drinking water produced and delivered to customers remains free from contamination and fully compliant with regulatory standards.

Backflow Prevention Installation Criteria
Backflow protection devices must be installed according to the specific guidelines in CCCPH Article 3 section 3.3.2. For air gaps (AG), the receiving water container must be positioned at the service connection unless the City approves an alternative location. Piping between the service connection and discharge point must remain above grade and be accessible for inspection unless otherwise approved. The City must verify that AGs comply with CCCPH section 3.3.1(a), and any new AG installation requires approval from the State Water Board before installation.

Reduced pressure principle assemblies (RP) must be installed between twelve and thirty-six inches above grade unless the City grants an exception. Double check valves (DC) installed or replaced after CCCPH adoption must comply with CCCPH section 3.3.2(b). Below-ground installation is only allowed if no alternative exists and is approved by the City.

Pressure vacuum breakers (PVB) and spill-resistant vacuum breakers (SVB) must be installed at least twelve inches above all downstream piping and outlets. SVBs cannot be used for premises containment, while PVBs are only permitted for roadway irrigation systems where there is no risk of backpressure.

RPs and DCs installed after CCCPH adoption must have at least twelve inches of side clearance, with twenty-four inches required on the test cock side unless the City approves otherwise. Backflow protection devices should be located as close as possible to the service connection unless an alternative location is approved. If internal protection is used instead of premises containment, the City must have access to ensure compliance with installation, testing, and inspection requirements.

All BPAs and AGs must be accessible for field testing, inspection, and maintenance.

The timeline for installing backflow preventers, when required based on the hazard assessment, is provided in the table below:

Type of Service Schedule
New connections with cross-connection hazards Before service is initiated September 2, 2025 Special & Regular Mtg Page 386 of 600 Cross-Connection Control Plan
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9 Existing connections with SWRCB’s Appendix D of
CCCPH - type hazards and other high crossconnection hazards 60 days after notification Existing connections with other than SWRCB’s
Appendix D of CCCPH or high cross-connection
hazards
90 days after notification
Existing fire protection systems not using
chemicals 20 years after adoption of plan
The City may allow additional time for installing a backflow preventer on an existing connection upon customer request, provided a written exemption is approved by the City.

Certified Backflow Prevention Assembly Testers and Cross-Connection Control Specialists
The City must verify that each BPA required is field-tested by a certified individual from a State Water Board-recognized organization. The City will keep on updated list of certified backflow testers who have been pre-approved to perform backflow assembly testing. This list will be reviewed and updated annually or as needed and will be provided to customers with their annual testing notices.

Testers must follow the guidelines outlined in the CCCPH and meet all City requirements.

Additionally, tester certification requires the submission of valid, up-to-date certification as a backflow prevention assembly tester, along with calibration and accuracy test results for backflow test kits. The City reserves final approval over all submitted documentation.

The City’s Coordinator may suspend or revoke the approval of a backflow tester or company from the list of approved testers if they fail to comply with the City’s Cross-Connection Control Program, policies, and regulations; engage in dishonest business practices; lose valid tester certification; or perform installation, repairs, or testing of backflow assemblies negligently. Noncompliance with these requirements may result in removal from the approved testers list.

Additionally, the City’s Coordinator will report any instances of fraud, gross negligence, or incompetence by a backflow tester to the certifying entity and other relevant agencies or authorities.

Quality Assurance
All backflow preventer inspection/test report forms will be reviewed by the City within 30 days of receipt. The City shall provide follow-up on backflow assemblies or test reports that are found to be deficient. At the City’s discretion, the City’s Coordinator may require additional tests on backflow assemblies previously tested by a backflow tester.

Backflow Prevention Assembly Testing
The City must ensure all BPAs in their Cross-Connection Control Program are field-tested after installation, repair, depressurization for winterizing, or relocation. Certified testers must perform these tests. Customers are responsible for hiring a City-approved certified tester, at their own expense, to perform these inspections. Extensions for submitting test reports may be requested from September 2, 2025 Special & Regular Mtg Page 387 of 600 Cross-Connection Control Plan
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10 the City. If a device is found defective, it must be repaired or replaced within 30 days to avoid service disconnection and associated fees outlined in the Ordinance.

BPAs must be tested at least annually, though more frequent testing may be required for high-risk sites. Air-gap separations must undergo an annual visual inspection by certified testers or crossconnection control specialists.

Newly installed BPAs must pass a field test before continuous service is provided. All non-testable backflow preventers under ownership of the City must still be tested and maintained in accordance with the California Plumbing Code. BPAs that fail testing must be repaired or replaced within 30 days unless an extension is granted under the Cross-Connection Control Plan. Testers must report backflow incidents or unprotected cross-connections within 24 hours. If an incident is confirmed, the City must investigate, discontinue service, and only restore it after receiving confirmation of a passing BPA test ensuring proper protection.

Approved Test Procedures: The City mandates that all assemblies used will be tested following the approved procedures outlined in CCCPH Article 4 and USC Manual of Cross-Connection, Tenth Edition.

Customer Notification - Device Testing: Each backflow prevention device must be inspected and tested at least annually. Annual notice to test are scheduled for the first quarter of the year and are to be mailed out.

Initial Notice: The City will notify each affected water user when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user thirty (30) days to have the device tested, with field results to be submitted to the City.

Second Notice: If the customer fails to respond within 30 days, a second notice is issued, granting an additional ten (10) days. If the City has not received a passing test report within the designated timeframe (i.e. failure to comply), enforcement policies will be applied.

Backflow Assembly Test Reports: Backflow testers must submit completed test reports to the City before the due date specified in the annual testing notice. Test results must be submitted electronically within five (5) calendar days of the test date. Failing test results must be submitted within 24 hours of the test date.

Repairs: Any assembly that does not pass routine testing must be repaired or replaced within thirty (30) days of the initial test. If repairs or replacement cannot be completed within this timeframe, the customer must notify the City. The City will evaluate the risk the failed assembly poses to the water supply and may discontinue water service if required.

Repairs to backflow prevention assemblies must use only Original Equipment Manufacturer (OEM) parts. If OEM parts are unavailable, an approved backflow prevention assembly must be installed as a replacement.

Frequency of Inspection and Testing: Inspection and testing of backflow preventers will be performed:

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11 • At the time of installation;
• Annually after installation;
• After repair, reinstallation, permanent relocation, or re-plumbing; • Any time the assembly is found to not be in good repair; and • After a backflow incident
All air gap separations must be inspected annually and after any modifications to the installation when used for premises containment.

The City may mandate more frequent inspections and/or testing of a backflow preventer if it protects against a high-health hazard or consistently fails annual tests or inspections.

The City is responsible for inspecting and testing all backflow preventers and air gaps owned by the City.

Enforcement: To enforce the ordinance, it may be necessary to suspend water service to the premises or premises under common control. If water service is terminated, the Local Health Agency may be notified.

If the City determines that service termination is too challenging or may pose a health risk, it may arrange for a contractor to complete the required repairs, replacements, or installations, and charge the customer for the cost of these services along with an administrative penalty. The customer will receive written notification detailing the corrective actions to be taken and the timeline for completion. If the customer does not take action, the work will proceed as planned. The City of San Fernando reserves the right to enforce the corrective actions and terminate service at the discretion of the program coordinator.

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12 Recordkeeping
The City must maintain specific records and ensure they are available to the State Water Board upon request. These records include:
• The two latest hazard assessments for each user site. • Detailed records of backflow prevention assembly (BPA), including type, size, manufacturer, model, installation date, location, serical number, account number, customer of record, repair history, and highest threat potential hazard from which the BPA is protecting the water system. These must be accessible for review by the SWRCB upon request. • Records for each air gap (AG) installation, including location, associated hazard, owner, and as-built plans.
• Testing records for all assemblies, including test results from BPA testing, AG inspections, and swivel-ell tests, along with tester names, test/repair dates, and certification numbers. As required by Title 17, these records must be retained for the lifetime of the assemblies.

Additionally, any BPA repairs, replacements, or relocations must be documented and kept for the same duration.
• Records of the most recent cross-connection tests, such as shutdown or dye tests. • If a site supervisor was designated, then their contact information for the user supervisor and water user must be recorded, as well as any applicable training and qualifications as described by CCCPH section 3.2.2(f)
• Descriptions and follow-up actions related to all backflow incidents. • Contact information and qualifications of any designated user supervisor, if applicable. • Copies of any contracts related to the cross-connection control program. • The current Cross-Connection Control Plan.
• Public outreach and education materials issued in the past three years.

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13 Backflow Incident Response, Reporting, and Notifications Backflow Incident Response Plan
The City’s Backflow Incident Response Plan, located as Appendix E, is incorporated into the City’s emergency response program, as mandated by CCCPH Article 5. The Backflow Incident Response Plan indicates the procedures that will be used for investigating and responding to suspected or actual backflow incidents in accordance with Article 5 of the CCCPH.

Backflow Incident Reporting and Notification
The City will notify the SWRCB and local health agencies of any known or suspected incident of backflow within 24 hours of determination. If required by the SWRCB, the City shall issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1.

If required by the SWRCB, the City shall submit, by a date specified by the SWRCB, a written incident report describing the details and affected area of the backflow incident, the actions taken by the City in response to the backflow incident, and the follow up actions to prevent future backflow incidents.

The written report shall contain the requested information in CCCPH Appendix B, which has been extracted and included as the City’s Appendix F.

Public Outreach and Education
The City will distribute informational material explaining the importance of backflow prevention to its customers.

To promote public health awareness to its customers, the City’s Water Department will conduct ongoing public education efforts, including, but not limited to:
• Distributing informational materials explaining the importance of backflow prevention. • Providing guidance to new customers during the plan review and installation process. • Hosting periodic workshops or webinars for contractors, property managers, and water users, and;
• Making CCCP resources available on the city's website for easy access These educational efforts are aimed at improving awareness, ensuring voluntary compliance, and reinforcing the City’s commitment to drinking water safety.

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14 Local Entity Coordination
The City will coordinate with all relevant local entities involved in cross-connection control and public health protection to ensure hazard assessments are conducted, appropriate backflow protection is in place, and assistance is provided for investigating backflow incidents.

Additionally, the City will distribute copies of its CCC program to applicable entities and notify the appropriate agencies of any policy or procedural changes that may affect them. The preferred local agency is the LA County Health Department of Public Health Cross-Connection & Pollution Control Program.

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Appendix A:

City of San Fernando Resolution 8400

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Appendix B:

Acronyms and Abbreviations

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Appendix C:

High Hazard Premises
(Appendix D of SWRCB’s CCCPH)
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Appendix D:

Backflow Prevention Assembly Diagrams
(Appendix E of SWRCB’s CCCPH)
September 2, 2025 Special & Regular Mtg Page 401 of 600 APPENDIX E - 1
Appendix E
Diagram 1
Double check detector backflow prevention assembly1
1 © 2023 University of Southern California. Used with permission.

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Appendix E
Diagram 2
Double check detector backflow prevention assembly – type II 2 2 © 2023 University of Southern California. Used with permission.

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Appendix E
Diagram 3
Double check valve backflow prevention assembly3
3 © 2023 University of Southern California. Used with permission September 2, 2025 Special & Regular Mtg Page 404 of 600 APPENDIX E - 4
Appendix E
Diagram 4
Pressure vacuum breaker backsiphonage prevention assembly 4 4 © 2023 University of Southern California. Used with permission September 2, 2025 Special & Regular Mtg Page 405 of 600 APPENDIX E - 5
Appendix E
Diagram 5
Reduced pressure principle backflow prevention assembly 5 5 © 2023 University of Southern California. Used with permission September 2, 2025 Special & Regular Mtg Page 406 of 600 APPENDIX E - 6
Appendix E
Diagram 6
Reduced pressure principle detector backflow prevention assembly 6 6 © 2023 University of Southern California. Used with permission September 2, 2025 Special & Regular Mtg Page 407 of 600 APPENDIX E - 7
Appendix E
Diagram 7
Reduced pressure principle detector backflow prevention assembly – type II 7 7 © 2023 University of Southern California. Used with permission September 2, 2025 Special & Regular Mtg Page 408 of 600 APPENDIX E - 8
Appendix E
Diagram 8
Spill-resistant pressure vacuum breaker backsiphonage prevention assembly 8 8 © 2023 University of Southern California. Used with permission September 2, 2025 Special & Regular Mtg Page 409 of 600 Appendices
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2025 Cross-Connection Control Plan
Appendix E:

Backflow Incident Response Plan

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BACKFLOW INCIDENT RESPONSE PLAN
City of San Fernando Page 1 of 3
This Backflow Incident Response Plan should be considered a supplement to the City’s Emergency Response Plan.

The City will investigate and respond to suspected backflow incidents including, but not limited to, the following:
• Consideration of complaints or reports of changes in water quality as possible incidents of back$low;
• Water quality sampling and pressure recording; and
• Documentation of the investigation, and any response and follow-up activities.

The City will immediately begin a backflow incident investigation whenever the initial evaluation of a water quality complaint indicates that:
• A back$low incident has occurred (i.e., drinking water supply has been contaminated) or may have occurred; or
• The complaint can’t be explained as a "normal" aesthetic problem.

Also, whenever a water main break (or power outage for pumped systems) causes a widespread loss of water pressure in the system (creating backsiphonage conditions), the City will initiate a check of distribution system water quality as a precursor to the need for a backflow incident investigation.

Per the CCCPH the City will notify the SWRCB and local health jurisdiction of any known or suspected incident of backflow within 24 hours of the determination. If required by the State Water Board, the City will issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1.

The investigation will be made by or initially led by the City’s certified Cross-Connection Control Specialist. The investigation team may include state health (regional) staff, local health personnel and/or local plumbing inspectors.

If required by the State Water Board, the City must submit, by a date specified by the State Water Board, a written incident report describing the details and affected area of the backflow incident, the actions taken by the City in response to the backflow incident, and the follow up actions to prevent future backflow incidents. The Backflow Incident Report Form is included as Appendix F of this Cross-Connection Control Plan.

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BACKFLOW INCIDENT RESPONSE PLAN
City of San Fernando Page 2 of 3
The following will be used as initial guidance for dealing with backflow incidents:

Customer Notification
As soon as possible, the City will notify customers not to consume or use water. The City will start the notification with the customers nearest in location to the assumed source of contamination.

Where a customer cannot be contacted immediately, the City will place a written notice on the front door handle.

Identification of Source of Contamination
The City will consider the distribution system as a potential source of the contaminant and will not start flushing the distribution system until the source of contamination is identified.

The City will conduct a house-to-house survey to search for the source of contamination and the extent that the contaminant has spread through the distribution system.

Note: a check of water meters may show a return of water (meter running backward) to the distribution system.

When the cross connection responsible for the system contamination is located, the City will discontinue water service to that customer, until the customer completes the corrective action ordered by the City.

Isolation of Contaminated Portion of System
The City will isolate the portions of the system that are suspected of being contaminated by closing isolating valves while ensure that positive water pressure is maintained throughout the system.

Public Health Impacts
The City will seek immediate input from and work with state and local health agencies to accurately communicate and properly mitigate potential health effects resulting from the backflow incident.

Cleaning/Disinfecting the Distribution System
The City will clean the contaminated distribution system consistent with the contaminant(s) identified.

Where both chemical and bacteriological contamination has occurred, the City will disinfect the system after the removal of the chemical contaminant.

Where any bacteriological contamination is suspected, the City will provide field disinfection.

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BACKFLOW INCIDENT RESPONSE PLAN
City of San Fernando Page 3 of 3
Most chemical or physical contaminants can be flushed from the water distribution system or customer's plumbing system with adequate flushing velocity. However, this may not be the case in systems where scale and corrosion deposits (e.g., tuberculation on old cast iron mains) provide a restriction to obtaining adequate flushing velocity, or where chemical deposits or bacteriological slimes (biofilm) are present (on which the chemical contaminant may adhere).

When adding any chemical to remove a contaminant from the distribution system, it is essential that the City fully understands the chemistry of the contaminant. Adding the wrong chemical could make the contaminant more toxic to customers and/or more difficult to remove from the distribution system. To disinfect water mains using the "slug" or "continuous flow" method, a field unit should be used for chlorine injection, such as a chemical feed - metering or proportioning pump for sodium hypochlorite. The City should contact the appropriate SWRCB regional office to discuss proposed approaches to contaminant removal and disinfection prior to taking corrective action.

The City may discuss the following, but will not be limited to:
• Consideration of complaints or reports of changes in water quality as possible incidents of back$low;
• Noti$ication of affected population;
• Noti$ication and coordination with other agencies, such as SWRCB, the LAA, and the local health jurisdiction;
• Identi$ication of the source of contamination including water quality sampling and pressure recording;
• Isolation of the source of contamination and the affected area(s); • Cleaning, $lushing, and other measures to mitigate and correct the problem; • Apply corrective actions to prevent future back$low occurrences; and • Documentation of the investigation, and any response and follow-up activities.

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2025 Cross-Connection Control Plan
Appendix F:

Backflow Incident Response Form
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RESOLUTION NO. 8400

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN FERNANDO, CALIFORNA, ADOPTING THE 2025 CROSS CONNECTION CONTROL PLAN

FOR THE CITY OF SAN FERNANDO PUBLIC WORKS WATER DIVISION WHEREAS, Sections 7583 through 7594 of Title 17 of the California Code of Regulations mandated that a California Public Water System shall protect the public water system from contamination by implementation of a cross-connection control program (Title 17 Regulations), and
WHEREAS, the State Water Resources Control Board adopted the Cross-Connection Control Policy Handbook (CCCPH) on December 19, 2023, which became effective July 1, 2024, rescinded Title 17 Regulations and established statewide requirements for public water systems to prevent backflow and cross-connection hazards; and
WHEREAS, pursuant to Health and Safety Code Sections 116407 and 116555.5, and Assembly Bills 1671 and 1180, public watersystems are required to implement a cross-connection control program consistent with the CCCPH; and
WHEREAS, the CCCPH requires that a California public water system submit a compliant Cross-Connection Control Plan (Plan) to the State Water Resources Control Board by July 1, 2025; and
WHEREAS, the City of San Fernando Public Works Water Division staff have developed a comprehensive Plan to meet the requirements of the CCCPH and to ensure the long-term protection of the City’s potable water distribution system; and WHEREAS, the CCCPH requires the City of San Fernando Public Works Water Division to possess local authority to enforce its requirements; and WHEREAS, the City of San Fernando Public Works Water Division currently maintains local authority through the City’s Chapter 94, Article III, Division 2 Cross Connection Control of the City of San Fernando’s Municipal Code Section 94-226 thru Sections 94-234. Which governs backflow prevention and cross-connection enforcement, and is aligned with CCCPH requirements as outlined in the Plan; and
WHEREAS, the City of San Fernando’s CCCP will incorporate a system-wide hazard assessment cycle, expand enforcement timelines and definitions, and affirm the legal and financial responsibilities of water users for backflow compliance; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN FERNANDO DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:

September 2, 2025 Special & Regular Mtg Page 419 of 600 RES. NO. 8400
2 SECTION 1. The above Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council of the City of San Fernando hereby authorizes City of San Fernando Public Works Water Division staff to submit the Cross-Connection Control Plan to the State Water Resources Control Board for review. If the State Water Resources Control Board asks for revisions, modifications, or does not approve the Cross-Connection Control Plan, City Public Works Water Division staff shall make any revisions necessary to achieve compliance with the CCCPH.

SECTION 3. The City Council of San Fernando adopts the amendments to the CCCP to incorporate the provisions of the Plan, including a recurring hazard assessment cycle, expanded high-risk criteria, enforcement timelines, and the legal and financial responsibility of the user, ensuring consistent program enforcement in alignment with the CCCPH.

SECTION 4. The City Council of San Fernando authorizes the Public Works Director, or the Water Operations Manager, or their designee, to implement the Plan and make minor administrative revisions as needed to maintain compliance with state regulations and guidance.

SECTION 5. The Plan shall be administered by the Cross Connection Specialist under the supervision of the Water Distribution System Supervisor and oversight of the Water Superintendent and Water Operations Manager and Public Works Director.

SECTION 6. The City Clerk shall certify to the adoption of this resolution and The documents and materials associated with this Resolution that constitute the record of proceedings are located at the City of San Fernando City Clerk’s office, 117 Macneil Street, San Fernando, California 91340.

PASSED, APPROVED, AND ADOPTED this 2nd day of September, 2025.

Mary Mendoza, Mayor of the City of San
Fernando, California
ATTEST:

Julia Fritz, City Clerk
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3 CERTIFICATION
I, City Clerk of the City of San Fernando, California, do hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 8400 which was regularly introduced and adopted by the City Council of the City of San Fernando, California, at a regular meeting thereof held on the 2nd day of September, 2025, by the following vote of the City Council:

AYES:

NAYS:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Fernando, California, this _____ day of September, 2025.

Julia Fritz, City Clerk
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September 2, 2025 Special & Regular Mtg Page 424 of 600

AGENDA REPORT
PUBLIC WORKS DEPARTMENT 117 MACNEIL STREET, SAN FERNANDO, CA 91340 (818) 898-1222 WWW.SFCITY.ORG REVIEW: ☒ City Clerk ☒ Director of Admin. Services ☒ Interim City Manager To: Mayor Mary Mendoza and Councilmembers
From: Kanika Kith, Interim City Manager
By: Wendell Johnson, Director of Public Works

Date: September 2, 2025
Subject: A Continued Public Hearing to Consider and Approve Introduction for First Reading of an Ordinance Amending Chapter 90 (Traffic and Vehicles) of the San Fernando Municipal Code to Implement a Residential Parking Permit Program RECOMMENDATION:

It is recommended that the City Council:
a. Conduct a Public Hearing; and

b. Pending public testimony, approve introduction for first reading Ordinance No. 1736 (Attachment “A”) in title only, and waive further reading “An Ordinance of the City Council of the City Of San Fernando, California, amending Chapter 90 (Traffic And Vehicles) of the San Fernando Municipal Code to implement a Residential Parking Permit Program (RPP)”.

BACKGROUND:

1. On April 15, 1991, the City Council established a Residential Parking Permit (RPP) Program with the adoption of Ordinance No. 1379.

2. On August 16, 2021, the City Council adopted the Citywide Parking Management Master Plan that, along with other parking related elements, recommended amendments and other modifications to the City’s current Residential Parking Permit Program.

3. In Fiscal Year (FY) 2022-2023, the City Council approved $100,000 in funding to engage a consultant to provide Residential Parking Permit Program implementation services.

4. On July 15, 2024, the City Council approved a Professional Services Agreement (Contract No. 2268) with Dixon Resources Unlimited (“Dixon”) for residential parking implementation professional consulting services in an amount to not exceed $84,735.

September 2, 2025 Special & Regular Mtg Page 425 of 600 A Continued Public Hearing to Consider and Approve Introduction for First Reading an Ordinance Amending Chapter 90 (Traffic and Vehicles) of the San Fernando Municipal Code to Implement a Residential Parking Permit Program