Irwindale City Council
September 14, 2022

City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706  • PHONE: (626) 430‐2200 • FACSIMILE: 962‐4209

NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
RECLAMATION AUTHORITY
SEPTEMBER 14, 2022
SPECIAL MEETING ‐ 5:00 P.M. ‐ CLOSED SESSION
REGULAR MEETING ‐ 6:30 P.M. ‐ OPEN SESSION
IRWINDALE CITY COUNCIL CHAMBER
CLOSED SESSION / OPEN SESSION – CITY COUNCIL CHAMBER
Limited Public Access
Pursuant to Irwindale Resolution No. Resolution No. 2022‐81‐3331 The Irwindale City Council has authorized the conduct of hybrid meetings of the City Council, including all City Commissions and committee meetings, and all regularly scheduled meetings that would normally take place in the City Council Chambers, under the provisions of Government Code Section 54956 § E, as authorized by AB 361.

The public’s health and well‐being are the top priority for the City, and you are urged to take all appropriate health safety precautions.  To facilitate this process, the meeting and opportunities to participate are available through the following:

In‐Person at the City Council Chambers
Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389

LARRY G. BURROLA
MAYOR

Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
councilmember
MANUEL R. GARCIA
councilmember
H. MANUEL ORTIZ
Councilmember
September 14, 2022

Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction.  The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote.  The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.

Pursuant  to  provisions  of  the Brown Act,  no action may be  taken  on a matter unless it is listed  on  the agenda,  or  unless certain emergency  or  special  circumstances  exist.    The  City  Council  may  direct  staff  to  investigate  and/or  schedule  certain  matters  for consideration at a future City Council meeting.

Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City Council meeting or other services offered by this City, please contact City Hall at (626) 430‐2200.  Assisted listening devices are available at this meeting.

Ask the Chief Deputy City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with disabilities.  Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

September 14, 2022

Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good.  We are committed to the principle of an efficient and professional local government.  We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life.  We will be independent and impartial in our judgment and actions.

We will work for the common good of the City of Irwindale community and not for any private or personal interest.  We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration.  We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.

We  will  inform  ourselves  on  public  issues,  listen  attentively  to  public  discussions  before  the  body,  and  focus  on  the business at hand.  We will base our decisions on the merit and substance of that business.  We will be fair and equitable in all actions, claims or transactions.  We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.

We  shall  not  take advantage  of  services  or  opportunities  for  personal gain  by virtue  of  our  public  office  that are  not available to the public in general.  We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.

We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale.  We will be honest in thought and deed in both our personal and official lives.

Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official.  In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.

These things we hereby pledge to do in the interest and purposes for which our government has been established.

Irwindale City Council

September 14, 2022

SPECIAL MEETING – 5:00 P.M.

A. CALL TO ORDER
B. ROLL CALL:  Councilmembers:  Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

C.  CONSENT CALENDAR

1.  A  Resolution  to  Re‐Ratify  the  Existence  of  a  Local  Emergency  and  Authorize  Remote Meetings of the Legislative Bodies of the City of Irwindale for the 30‐Day Period Beginning September 14 through October 14, 2022
Department:  Administration
Recommendation:    Staff  recommends  City  Council,  Successor  Agency,  and  Housing Authority  adopt  Resolution  No.  2022‐90‐3340,  Resolution  No.  SA  2022‐91‐3341, Resolution No. HA 2022‐18‐128 and Resolution No. RA 2022‐07‐034, entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY TO THE  IRWINDALE  COMMUNITY  REDEVELOPMENT  AGENCY,  THE  BOARD  OF  THE IRWINDALE HOUSING AUTHORITY AND THE BOARD OF THE RECLAMATION AUTHORITY, RE‐RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30‐DAY PERIOD BEGINNING SEPTEMBER 14, 2022  THROUGH  OCTOBER  14,  2022  PURSUANT  TO  THE  RALPH  M.  BROWN  ACT  AND ASSEMBLY BILL NO. 361”.

D.  RECESS TO CLOSED SESSION

1.  Conference with Legal Counsel – Existing Litigation Pursuant to California Government Code Section 54956.9
A)   Name of Case:  Five Points, LP vs. City of Irwindale Case Number:    22STCV01394
B)  Case Name: City of Irwindale as Successor Agency to the Irwindale Community Redevelopment Agency, et al. v. County of Los Angeles
September 14, 2022

Case Number: Ventura County Superior Court Case No. 56‐2015‐00464100‐CU‐WM‐ VTA
C)  Case Name:  Jane Doe C.M.A. vs. the City of Irwindale Case Number:  LASC Case No. 21STCV26652

2.  Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
A)  Property: Olive Pit (APN 8415‐001‐906, 908)
Agency negotiators: Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering / Building Official
Negotiating Parties: United Rock Products Corp.

Under negotiation: Sublease Price and Terms
B)  Property:  South Manning Pit (APNs 8417‐034‐905; 8417‐034‐907, 8417‐007‐908) Agency Negotiators:  Julian A. Miranda, City Manager and Arsanious Hanna, Director of Engineering / Building Official
Negotiating Parties:  Los Angeles County Flood Control District Under Negotiation:  Price and Terms

3.  Liability Claims
Pursuant to Government Code Section 54956.95:

A)   Claimants: Fred & Becky Barbosa
Agency claimed against: City of Irwindale, Irwindale Housing Authority B)   Claimant:  Maggie Guzman
Agency claimed against:  City of Irwindale, Irwindale Housing Authority E.  RECONVENE IN OPEN SESSION
F.  REPORT FROM CLOSED SESSION
G.  ADJOURNMENT

September 14, 2022

OPEN SESSION – 6:30 P.M.

A.  CALL TO ORDER
B.  PLEDGE OF ALLEGIANCE
C.  INVOCATION
D.  ROLL CALL:  Councilmembers: Mark A. Breceda, Manuel R. Garcia; H. Manuel Ortiz; Mayor Pro Tem Albert F. Ambriz; Mayor Larry G. Burrola
E.  CHANGES TO THE AGENDA
F.  COUNCIL MEMBER TRAVEL REPORTS
G.  COUNCILMEMBER COMMENTS
H.  INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
I.  PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS

1. Recognition of Tony Gonzalez, Recreation donor
SPONTANEOUS COMMUNICATIONS
This is the time set aside  for members of the audience  to speak on items not on this agenda.  State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days.  Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action.  If a member of the audience feels he or she must proceed tonight, then each speaker will be limited to 3 minutes unless such time limits are extended.

In the hybrid format, both in‐person and hybrid audience members will participate in the following order:

Tier 1:  In‐person attendees
Tier 2:  Teleconference attendees
Tier 3:  In‐person attendees who have not previously provide comments on  the matter(s)  being discussed by the legislative body
Tier 4:  Teleconference attendees  who have not previously provide comments on  the matter(s) being discussed by the legislative body

September 14, 2022

1.  CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of  the City Council  requests separate action on a specific item.  At  this  time, members of the audience may ask to be heard regarding an item on the Consent Calendar.

A.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:

1.  Regular meeting held August 24, 2022

B.  Warrants/Demands/Payroll
Department:  Finance
Recommendation:  Approve
C.  Rejection of Claim: Ramiro Lopez vs. City of Irwindale Department:  Administration
Recommendation:  (1) Reject the claim of Ramiro Lopez vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

D.  Rejection of Claim: Heirs of Isaac Lefebre II vs. City of Irwindale Department:  Administration
Recommendation:  (1) Reject the claim of the Heirs of Isaac Lefebre II vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

E.  Rejection of Claim: Benjamin Lefebre, a minor vs. City of Irwindale Department:  Administration
Recommendation:  (1) Reject the claim of Benjamin Lefebre, a minor vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

F.  Authorization  to  Invest Monies  into  the  Local  Agency Investment  Fund  Account  (Joint Successor Agency and Housing Authority Item)
Department:  Finance
Recommendation:  That the City Council, Successor Agency and Housing Authority adopt Joint Resolution No. 2022‐84‐3334, Resolution No. SA 2022‐85‐3335, and Resolution No.

HA 2022‐17‐127 entitled:  “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,  SUCCESSOR  AGENCY  TO  THE  IRWINDALE  COMMUNITY  REDEVELOPMENT AGENCY (“SUCCESSOR AGENCY”), AND THE BOARD OF THE HOUSING AUTHORITY  OF THE September 14, 2022

CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND,” reading by title only and waiving further reading thereof.

G.  A  Resolution  to  Extend  the  Existence  of  a  Local  Emergency  Regarding  the  Covid‐19 Pandemic
Department:  Administration
Recommendation:  Adopt Resolution No. 2022‐92‐3342 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO COVID‐19 PANDEMIC WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE CHAPTER 2.44”.

H.  Approval of Plans and Specifications for the Irwindale Park Improvements Project Phases 4 & 5; P‐1011
Department:  Engineering
Recommendation:    (1)  Approve  the  plans  and  specifications  for  the  Irwindale  Park Improvements Project Phase 4 & 5; and (2) authorize staff to solicit bids for construction of the project.

I.  Award of Contracts for As‐needed Construction Inspection Services Department:  Engineering
Recommendation:    Authorize  the  City Manager  to  enter  into  an  agreement  with  Z&K Consultants, Dudek, and FCG Consultants for as‐needed construction inspection services in  the  amount  of  $100,000  per  contract,  subject  to  approval  as  to  form  by  the  City Attorney.

J.  Award of Contract for 2022 Topographic and Hydrographic Survey Project; P‐1048 Department:  Engineering
Recommendation:    Award  a  professional  contract  in  the  amount  of  $135,400.00  to Johnson‐Frank and Associates for the Topographic and/or Hydrographic survey of eight (8)  sand and gravel mines and authorize  the  City Manager  to execute  the  contract  on behalf of the City, subject to approval as to form by the City Attorney.

K.  Request  to Extend  the Hours of Operation  for Transportation of Excavated Aggregates from the Olive Pit to United Rock Products’ Pit No. 2 Until December 31, 2022 Departments:  Engineering and Community Development
Recommendation:  Approve the request from United Rock Products (United) to extend the hours of operation for transportation of excavated aggregates from the Olive Pit to September 14, 2022

United Rock Products Pit No. 2 (URP‐2) until December 31, 2022 and re‐evaluate United’s request  before  granting  another  extension  period.    The  extended  hours  of  operation during this time period would be:  Monday to Friday, 7 a.m. to 3 p.m. and Saturday, 7 a.m. to 5 p.m. (only 2nd and 4th Saturday of each  month).

L.  Approval of California Automated Permit Processing (CalAPP) Grant Agreement between City of Irwindale and California Energy Commission
Department:  Engineering
Recommendation:    (1)  Approve  the  grant  agreement  with  the  California  Energy Commission (CEC) for the California Automated Permit Processing (CalAPP) Grant Award; (2) authorize the City Manager to execute the same upon approval as to form by the City Attorney; and (3) adopt Resolution No. 2022‐86‐3336 Authorizing the Appropriation of $40,000  to a  new account within Fund  35  (California State Grant Fund), which will  be reimbursed up to $40,000 by the CEC with the CalAPP Grant.

M.  Award  of  Contract  to  provide  Professional  Environmental  Services  for  the  National Pollutant Discharge Elimination System (NPDES) and other related services Department:  Engineering
Recommendation:  (1) Approve the award of contract and authorize the City Manager to execute an agreement,  subject  to  City Attorney approval as  to  form, with  CWE in  the amount of $132,122 for professional environmental services for the management of the National  Pollutant  Discharge  Elimination  System  (NPDES)  permit  and  other  related services;  (2)  approve  a  15%  contingency  in  the  amount  of  $19,818.30  to  cover  any additional  unforeseen  services  required;  and  (3)  adopt  Resolution  No.  2022‐87‐3337 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE  TRANSFER  AND  APPROPRIATION  OF  $44,515.30  FROM  THE  MEASURE  W  FUND TRANSFER  OUT  ACCOUNT  TO  THE  MEASURE  W  FUND  CONTRACTUAL  SERVICES ACCOUNT”.

2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

4.   CITY MANAGER’S REPORT

5.  AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS

6.   ADJOURN
September 14, 2022

SUCCESSOR AGENCY TO THE IRWINDALE

COMMUNITY REDEVELOPMENT AGENCY
SPONTANEOUS COMMUNICATIONS
This  is  the  time  set  aside  for  members  of  the  audience  to  speak  on  items  not  on  this  agenda.

Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

1.  CONSENT CALENDAR
A.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:

1.  Regular meeting held August 24, 2022

B.  Warrants
Department:  Finance
None for approval
C.  Authorization to Invest Monies into the Local Agency Investment Fund Account (Joint City Council and Housing Authority Item)
Department:  Finance
Recommendation:  That the City Council, Successor Agency and Housing Authority adopt Joint Resolution No. 2022‐84‐3334, Resolution No. SA 2022‐85‐3335, and Resolution No.

HA 2022‐17‐127 entitled:  “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,  SUCCESSOR  AGENCY  TO  THE  IRWINDALE  COMMUNITY  REDEVELOPMENT AGENCY (“SUCCESSOR AGENCY”), AND THE BOARD OF THE HOUSING AUTHORITY  OF THE CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND,” reading by title only and waiving further reading thereof.

2.  NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

4.  ADJOURN

September 14, 2022

HOUSING AUTHORITY
SPONTANEOUS COMMUNICATIONS
This  is  the  time  set  aside  for  members  of  the  audience  to  speak  on  items  not  on  this  agenda.

Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

1.  CONSENT CALENDAR
A.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:
1)  Special Joint Meeting held July 13, 2022
2)  Special Joint Meeting held July 27, 2022
3)  Regular Meeting held July 27, 2022
4)  Special Joint Meeting held August 15, 2022
B.  Authorization to Invest Monies into the Local Agency Investment Fund Account (Joint City Council and Successor Agency Item)
Department:  Finance
Recommendation:  That the City Council, Successor Agency and Housing Authority adopt Joint Resolution No. 2022‐84‐3334, Resolution No. SA 2022‐85‐3335, and Resolution No.

HA 2022‐17‐127 entitled:  “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,  SUCCESSOR  AGENCY  TO  THE  IRWINDALE  COMMUNITY  REDEVELOPMENT AGENCY (“SUCCESSOR AGENCY”), AND THE BOARD OF THE HOUSING AUTHORITY  OF THE CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND,” reading by title only and waiving further reading thereof.

C.  Irwindale  Housing  Authority  Guidelines,  Policies,  and  Procedures  for  Senior Low/Moderate Income Housing Apartment Rental Program
Department:  Community Development
Recommendation:  Approve the revised Irwindale Housing Authority Guidelines, Policies, and Procedures for Senior Low/Moderate Income Housing Apartment Rental Program Las Casitas.

2. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

September 14, 2022

3. PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

4.  ADJOURN

RECLAMATION AUTHORITY
As required by Government Code section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting SPONTANEOUS COMMUNICATIONS
This is  the  time set aside  for members of  the audience  to speak on items not on  this agenda.  Spontaneous Communications for the Reclamation Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.

1.  CONSENT CALENDAR
A.  Minutes
Department:  Administration / City Clerk
Recommendation:  Approve the following minutes:
1)  Regular meeting held June 8, 2022
B.  2022 3rd Quarter Mining Report of Nine (9) SMARA Pits Department:  Public Works Engineering
Recommendation:  Receive and file the report.

C.  Investment Quarterly Report – June 30, 2022
Department:  Finance
Recommendation:  Receive and file the Investment Quarterly Report for June 30, 2022.

2.   NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

3.   PUBLIC HEARING
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.

4.  ADJOURNMENT
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, Housing and Reclamation Authorities, to be held on September 14, 2022, be posted at the City Hall, Library, and Post Office on September 9, 2022.

Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
ISJCity Council
lSl Successor Agency
lSl Housing Authority
ISi Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
City qi'

IRWINDALE

AGENDA REPORT
CC, SA, HA and RA
Item C-1
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, City Manager/Executive Director A Resolution to Re-Ratify the Existence of a Local Emergency and Authorize Issue: Remote Meetings of the Legislative Bodies of the City of Irwindale for the 30- Day Period Beginning September 14, 2022 through October 14, 2022 City Manager/Executive Director's Recommendation:

Staff recommends City Council, Successor Agency, and Housing Authority adopt Resolution No. 2022-90-3340, Resolution No. SA 2022-91-3341, Resolution No. HA 2022-18-128 and Resolution No. RA 2022-07-034, entitled, "A JOINT RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR AGENCY TO

THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY, THE BOARD OF THE

IRWINDALE HOUSING AUTHORITY AND THE BOARD OF THE RECLAMATION

AUTHORITY, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE

HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING SEPTEMBER 14, 2022 THROUGH OCTOBER 14, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361".

Administrative Action:

Submitted I Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Mao A Miraod•, City Mao•gec I Exeoo!Oe Dicecioc ~· ,A· t.--J1

Background and Analysis:

Since September 29, 2021, the City Council, jointly with the Successor Agency, Housing Authority and Reclamation Authority have adopted resolutions declaring an exemption under AB361, allowing the legislative bodies to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing. The City Council, Successor Agency, Housing Authority and Reclamation Authority (collectively, "City") have reviewed and adopted joint resolutions every month, ratifying the existence of a local emergency and authorizing remote hybrid meetings for all legislative bodies.

The State of California has implemented a phased rollback of the executive orders that were implemented due to COVID-19. Various remaining orders that were previously set to expire on June 30, 2022, were extended on June 17, 2022 for the duration of the state of emergency. The State's declared emergency continues to be in effect Additionally, current guidance provided by the Los Angeles County Department of Public Health for reducing the risk of COVID-19 recommends social distancing from people outside your household when their vaccination status is unknown. As a result, the findings exist for the City to continue to conduct the public meetings under the AB 361 exemption, should this be the City's desire.

The attached joint resolution for the City Council, Successor Agency, Housing Authority and Reclamation Authority, make the findings necessary for the legislative bodies to declare an exemption under AB 361 as (1) there is an existing state of emergency declared by the Governor and (2) the Los Angeles County Department of Public Health's guidance recommends to social distance (about 6 feet away) from people outside your household or when vaccination status is unknown.

As a result, the joint Resolution modifies public meetings as follows:

Page2
a. AB 361, attached to the Resolution as Exhibit A, regarding teleconference requirements allows City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted as normally required under the Brown Act (California Government Code 54950 et seq.) and indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.

Fiscal Impact:

Conducting remote hybrid public meetings will require city staff to assist with the meeting and public participation, remotely or in-person. The fiscal impact will be based on the amount of staff required and the duration of the meeting. The fiscal impact for all Council and Commission meetings for the 30-day period beginning September 14, 2022 through October 14, 2022 is estimated to be approximately $900.

Attachment:

1. Joint Resolution No. 2022-90-3340, Resolution No. SA 2022-91-3341, Resolution No.

HA 2022-18-128 and Resolution No. RA 2022-07-034
Page3
RESOLUTION NO. 2022-90-3340
RESOLUTION NO. SA 2022-91-3341
RESOLUTION NO. HA 2022-18-128
RESOLUTION NO. RA 2022-07-034

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT

AGENCY, THE BOARD OF THE IRWINDALE HOUSING AUTHORITY AND THE

BOARD OF THE IRWINDALE RECLAMATION AUTHORITY, RE-RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND AUTHORIZING REMOTE HYBRID MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF IRWINDALE FOR THE 30-DAY PERIOD BEGINNING SEPTEMBER 14, 2022 THROUGH OCTOBER 14, 2022 PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361
WHEREAS, all meetings of the legislative body are open and public, as required by the Ralph M. Brown Act, Government Code sections 54950 - 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, the Brown Act under Government code section 54953(b)(3), allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body's territorial jurisdiction; and WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to the outbreak of a novel respiratory illness known as COVID-19; and
WHEREAS, on March 17, 2020 Governor Newsom issued Executive Order N-29- 20, suspending the Brown Act teleconferencing requirements allowing legislative bodies to hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access 01005.0001/817175.1 Resolution No. 2022-90-3340
Resolution No. SA 2022-91-3341
Resolution No. HA 2022-18-128
Resolution No. RA 2022-07-034

information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; and WHEREAS, on March 21, 2021, Governor Newsom issued Executive Order N-35- 20, allowing members of a local legislative body to receive updates relevant to the declared emergency and ask questions; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 into law, immediately amending the Brown Act to allow teleconference meetings during a state of emergency, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, on September 20, 2021, Governor Newsom signed Executive Order N-15-21 suspending AB 361 until October 1, 2021, allowing legislative bodies to hold teleconference meetings under Executive Order N-35-20; and WHEREAS, AB 361 allows local agencies to continue to meet via teleconference without complying with the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing, but only during a state of emergency proclaimed by the Governor in which (1) state or local health officials have imposed or recommend measures to promote social distancing, or (2) the legislative body has determined by majority vote that meeting in person would present imminent risk to the health and safety to the attendees; and
WHEREAS, due to the COVID-19 pandemic the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown, resulting in the City Council's desire to adopt a resolution incorporating AB 361 and allowing for teleconference meetings; and WHEREAS, at a special meeting held on September 29, 2021, the City Council adopted Resolution No. 2021-86-3298 declaring an exemption under the provisions of AB 361, allowing the legislative body to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for the month of October 2021; and
WHEREAS, on October 13, 2021, the Successor Agency and Irwindale Housing Authority adopted Resolution Nos. SA 2021-92-3304 and HA 2021-05-104, which ratified the action taken by the City Council; and
WHEREAS, on October 27, 2021 Uoint Resolution No. 2021-94-3306, Resolution No. SA 2021-95-3307, and HA 2021-06-105), November 10, 2021 Uoint Resolution No. 2021-100-3312, Resolution No. SA2021-101-3313 and Resolution No. HA2021-07-106), Resolution No. 2022-90-3340
Resolution No. SA 2022-91-3341
Resolution No. HA 2022-18-128
Resolution No. RA 2022-07-034

December 8, 2021 Qoint Resolution No. 2021-109-3321, SA Resolution No. 2021-110- 3322, HA Resolution No. HA 2021-09-108 and RA Resolution No. 2021-03-028), January 12, 2022 Qoint Resolution No. 2022-02-3251, SA Resolution No. 2022-03-3252 and HA Resolution No. 2022-01-111), February 9, 2022 Qoint Resolution No. 2022-11-3261, SA Resolution No. 2022-12-3262 and HA Resolution No. 2022-02-112), March 9, 2022 Qoint Resolution No. 2022-20-3270, Resolution No. SA 2022-21-3271, Resolution No. HA 2022-04-114 and Resolution No. RA 2022-01-028), April 13, 2022 Qoint Resolution No. 2022-30-3280, SA Resolution No. 2022-31-3281 and Resolution No. HA 2022-06-116), May 11, 2022 Qoint Resolution No. 2022-45-3295, SA Resolution No. 2022-46-3296 and Resolution No. HA 2022-10-120), June 8, 2022 Qoint Resolution No. 2022-57-3307, Resolution No. SA 2022-58-3308, Resolution No. HA 2022-13-123, and Resolution No.

RA 2022-06-033); July 13, 2022 (Resolution No. 2022-68-3318, Resolution No. SA 2022- 69-3319 and Resolution No. HA 2022-14-124), July 27, 2022 (Resolution No. 2022-75- 3325, Resolution No. SA 2022-76-3326 and Resolution No. HA 2022-15-125) and August 24, 2022 (Resolution No. 2022-80-3331, Resolution No. SA 2022-81-3332 and Resolution No. HA 2022-16-126) respectively the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board reviewed and declared an exemption under AB 361, allowing the legislative bodies to meet via teleconference and forego the Brown Act's traditional agenda posting, physical access and quorum requirements for teleconferencing for a thirty day period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,

SUCCESSOR AGENCY TO THE FORMER IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY, IRWINDALE HOUSING AUTHORITY BOARD AND

IRWINDALE RECLAMATION AUTHORITY BOARD, DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board determine that each of the findings set forth above is true and correct and incorporated herein by this reference.

SECTION 2. The City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board hereby consider the conditions of the state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City of Irwindale, and reaffirm, reauthorize, and continue the existence of a local emergency throughout the City.

SECTION 3. The City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board hereby find that the state of emergency declared by Governor Newsom on or about March 4, 2020 remains active and local health agencies continue to recommend measures to promote social distancing, and that the risk of infection due to COVID-19 can cause an imminent risk to attendees to in-person meetings, despite vaccination status, but especially for unvaccinated attendees, and/or 01005.0001/817175.1 Resolution No. 2022-90-3340
Resolution No. SA 2022-91-3341
Resolution No. HA2022-18-128
Resolution No. RA 2022-07-034

those who are immunocompromised, thereby prompting the City Council, Successor Agency Board, Housing Authority Board and Reclamation Authority Board to reaffirm, reauthorize, and maintain the existence of a local emergency, as required by Government Code section 54953(e) et seq.

SECTION 4. Due to the COVID-19 pandemic, the County of Los Angeles Department of Public Health recommends social distancing amongst people not of the same household where vaccination status is unknown. Based on such facts, findings, and determinations, the City Council Successor Agency Board, Housing Authority Board and Reclamation Authority Board authorize staff to conduct remote hybrid meetings for all public meetings regular and special, including City Council, Successor Agency to the Irwindale Community Redevelopment Agency, Irwindale Housing Authority Board of Commissioners, Irwindale Reclamation Authority Board of Commissioners, all City Commission and committee meetings, and any other meetings that would normally take place in the City Council Chambers under the provisions of Government Code Section 54953(e). As a result, the public meetings are modified as follows:
a. AB 361, attached hereto as Exhibit A, regarding teleconference requirements, allows City legislative bodies to hold public meetings by teleconferencing or electronically, and in-person, without noticing the teleconferenced locations on the agenda, without making teleconferenced locations accessible to the public, without making physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City's jurisdiction, as long as the agenda that is posted as normally required under the Brown Act (California Government Code 54950 et seq.) indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations; b. All public meeting agendas shall be posted at least 72 hours prior to a regular meeting and at least 24 hours prior to a special meeting; c. Members of the public will have the ability to access the meeting and directly address the legislative body via a call-in option, an internet-based service provider, or in-person. Members of the public who wish to access the meeting inperson shall comply with all health and safety protocols imposed for in-person attendance to promote social distancing;
Resolution No. 2022-90-3340
Resolution No. SA 2022-91-3341
Resolution No. HA 2022-18-128
Resolution No. RA 2022-07-034

d. In the event of a service disruption that prevents broadcasting of the meeting, the meeting will stop and no further action on the agenda items will occur until (1) an attempt to restore service for a 10-minute period, and (2) adjourning the meeting to a new date and time when an unresolved issue exceeds the 10-minute time period.

SECTION 5. The City Manager/Executive Director or his designee is authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, continuing to conduct open and public meetings in-person and remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all public meetings.

SECTION 6. Pursuant to Government Code section 54953(e)(4), the local legislative body will verify every 30 days that the exemption from traditional teleconference requirements under the Brown Act is still necessary. The legislative body must make findings no later than 30 days after the first teleconference and every 30 days thereafter that:
a. The legislative body has reconsidered the state of emergency circumstances; and b. Either (1) the state of emergency continues to directly impact the ability to meet safely in person, or (2) state or local officials continue to impose or recommend measures to promote social distancing.

SECTION 7. The Chief Deputy City Clerk/Secretary to the Successor Agency/Authority Assistant Secretary shall certify the adoption of this resolution which shall take effect on September 14, 2022 and shall be effective until the earlier of (i) October 14, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54593(e)(3) to extend the time during which the City's legislative bodies may continue to teleconference without compliance with Government Code section 54953(b )(3).

PASSED, APPROVED AND ADOPTED this 14th day of September 2022.

ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant Secretary
/Assistant Agency Secretary
01005.0001/817175.1
Larry G. Burrola, Mayor/Chair
Resolution No. 2022-90-3340
Resolution No. SA 2022-91-3341
Resolution No. HA 2022-18-128
Resolution No. RA 2022-07-034
Page5
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing joint Resolution No. 2022-90-3340, Resolution No. SA 2022-91-3341, Resolution No. HA 2022-18-128 and Resolution No. RA 2022-07-034 was duly adopted by the City Council of the City of Irwindale at a special meeting thereof held on the 141h day of September 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Councilmembers/Agency Members:

Laura M. Nieto, MMC
Chief Deputy City Clerk/Authority Assistant
Secretary/Assistant Agency Secretary
Resolution No. 2022-90-3340
Resolution No. SA 2022-91-3341
Resolution No. HA2022-18-128
Resolution No. RA 2022-07-034

I
® -STA_;_CC_>C_C<_U_CO_"_"~ '~.':;~,',iJIY' AUTHENTICATED I "\'"'·'" El<ORONIClEGAL~:ATERIAL Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor Septe1nber 16, 2021. Filed with
Secretary of State September 16, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetiugs of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over whlch the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the pnrpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 Ch.165 -2-
resolving requests for reasonable acconnnodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or reconnnended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present innninent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public connnents, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public connnents to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer connnent in real time. The bill would prohibit the legislative body from closing the public connnent period and the opportunity to register to provide public comment, until the public connnent period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's attendance.
92 -3- Ch.165
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, tbe Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public c01mnent. The bill wonld require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would anthorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 -4-
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seekiug to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public conunent. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 3 3 9 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to thls purpose.

Thls bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( d) and (e), a legislative body may hold public meetings through teleconferencing 92 -5- Ch.165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personoel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(BJ Each teleconference location be accessible to the public. (CJ Members of the public may address the legislative body at each teleconference conference location.
(DJ Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
( c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(I) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent tbis section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(I) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 Ch.165 -6-
(2J In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website.
( f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(gJ This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (aJ Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions ( dJ and (eJ, a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b J (I J For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2J For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(AJ Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(BJ Each teleconference location be accessible to the public. (CJ Members of the public may address the state body at each teleconference conference location.
(DJ Post agendas at all teleconference locations.
(EJ At least one member of the state body be physically present at the location specified in the notice of the meeting.
( c J A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 -7- Ch.165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions ( d) and ( e ), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
( d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision ( e ). ( e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timefrarnes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of coilllnunication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch.165 -8-
54953. (a) All meetings of the legislative body ofa local agency shall be open and public. and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of 1neeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body ofa local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salazy schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 -9- Ch.165
( d) (I) Notwithstanding the provisions relating to a qnorum in paragraph (3) of subdivision (b ), ifa health authorily conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authorily exercises jurisdiction, and the health authorily provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authorily members from regularly meeting at a common physical site within the jurisdiction of the authorily or from using teleconference locations within or near the jurisdiction of the authorily. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entily created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authorily created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a counly-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
( e) (I) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majorily vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safely of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majorily vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safely of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunily for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch.165 -10-
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (DJ In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public conunent. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 -11- Ch.165
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b ), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (BJ, or (CJ of paragraph (I), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(BJ Any of the following circumstances exist:
(i) The state of emergency continnes to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article I (commencing with Section 8550) of Chapter 7 of Division I of Title 2).
(f) This section shall remain in effect only until January I, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (I) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otheiwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 Ch.165 -12-
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions ( d) and ( e ). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (I) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (conunencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the recommendation.
( d) (I) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory conunittee to a county-sponsored health plan licensed pursuant to Chapter 92 -13- Ch.165

2.2 (commencing with Section 1340) ofDivision2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
( e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to pro1note social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 Ch. 165 -14-
the public to address the legislative body aud offer couunent in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as reqnired by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public cmmnent period, but takes public cmmnent separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportnnity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recormnended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing forthe first time pursuant to subparagraph (A), (B), or (C) of paragraph (I), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
( 4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January l, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 -15- Ch.165
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision oflaw, the legislative body of a local agency may use teleconferencing for the benefit of tbe public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
( 4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either andio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title I) to inspect or copy records created or received in the process of developing the recormnendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, 92 Ch.165 -16-
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference nrnnber, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) ofDivision2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
( e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body ofa local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) ( 1) Notwithstanding any other provision of!aw, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a marmer that protects the statutory and constitutional rights of the parties or the public appearing before the 92 -17- Ch.165
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in snbdivision ( d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a sunnnary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision ( d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
( d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b ), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establislunent of a quonun when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over whicb the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 Ch.165 -18-
powers authority created pursuant to Article 1 ( connnencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code ifthe advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Govermnent Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if ( 1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Govermnent Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Govermnent Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 -19- Ch.165
(b) The Legislature finds and declares that Section I of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public's right ofaccess to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quornm of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member's private home or hotel roo1n, this act protects the personal, private information of public officials and their families while preserving the public's right to access information concerning the conduct of the people's business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately. 0 92

IRWINDALE CITY COUNCIL CHAMBER I
5050 N. IRWINDALE AVENUE 1.__ --------'
CC Item 1A1 AUGUST 24, 2022

WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:43 P.M.

The Irwindale CITY COUNCIL met in regular session, beginning at the above time and place.

ROLL CALL:

CHANGES TO THE

Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tern Albert F. Ambriz;
Mayor Larry G. Burrola

Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Jamie Traxler, Assistant City Attorney Arsanious Hanna, Director of Engineering I Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, Elizabeth Rodriguez, Public Services Director; Iris Espino, Assistant to the City Manager; and Laura Nieto, Chief Deputy City Clerk
AGENDA None.

COUNCILMEMBER

TRAVEL REPORTS

COUNCILMEMBERS

ORTIZ, GARCIA, AND

BRECEDA

COUNCILMEMBER

COMMENTS

MAYOR BURROLA

MAYOR PRO TEM
AMBRIZ

COUNCILMEMBER
ORTIZ

COUNCILMEMBER

BRECEDA
Councilmembers Ortiz, Garcia, and Breceda each spoke on their attendance at the Independent Cities Association seminar held in San Diego this month.

Mayor Burrola spoke on the availability of scholarships through the Irwindale Scholarship Foundation. He thanked the Aquatics Division staff for the great Luau function held recently, and requested that the meeting be adjourned in memory of Joe Ray Nunez, Sr.

Mayor Pro Tern Ambriz commended Recreation and Aquatics staff on the success of the Music in the Park and Luau events.

Councilmember Ortiz echoed Mayor Pro Tern Ambriz's comments and reiterated his past requests to have a town-hall meeting to discuss the concerns of residents of Morada Street pertaining to the Panattoni-owned site nearby.

Councilmember Breceda concurred with the need to meet regarding the Morada Street residents' concerns, to which City Manager Miranda advised that staff will reach out to Panattoni representatives to set up the meeting requested by the Councilmembers.

CITY COUNCIL MINUTES

REGULAR MEETING

INTRODUCTION OF

NEW EMPLOYEES I

PROMOTIONS
AUGUST 24, 2022
PAGE2

INTRODUCTION OF INTRODUCTION OF IRWINDALE POLICE LIEUTENANT JOSE

IRWINDALE POLICE VARGAS

LIEUTENANT JOSE
VARGAS The introduction was made.

INTRODUCTION OF INTRODUCTION OF IRWINDALE POLICE SERGEANT MANUEL

IRWINDALE POLICE CAMPOS

SERGEANT MANUEL
CAMPOS The introduction was made.

INTRODUCTION OF INTRODUCTION OF HOUSING COORDINATOR FERNANDO

HOUSING LOPEZ

COORDINATOR
FERNANDO LOPEZ The introduction was made.

PROCLAMATIONS I

PRESENTATIONS I

COMMENDATIONS

RECOGNITION OF RECOGNITION OF VINCENT FAMILARI, IRWINDALE RESIDENT

VINCENT FAMILARI,
IRWINDALE RESIDENT The recognition was made.

RECOGNITION OF RECOGNITION OF NATHAN ROMERO, IRWINDALE RESIDENT

NATHAN ROMERO,
IRWINDALE RESIDENT The recognition was made.

CHAMBER OF CHAMBER OF COMMERCE BUSINESS OF THE MONTH -

COMMERCE BUSINESS MARTIN MARIETTA

OF THE MONTH -
MARTIN MARIETTA The presentation was made.

SAFER FROM SAFER FROM WILDFIRES FRAMEWORK PRESENTATION

WILDFIRES
FRAMEWORK The presentation was made.

PRESENTATION

SPONTANEOUS

COMMUNICATIONS
REBECCA BARBOSA Rebecca Barbosa spoke in support of approval of the claim she and her husband presented against the city. She further stated that the Council is not obligated to follow the advice of the City Attorney, and asked the City Manager whether the subject can be placed on the Consent Calendar portion of a future Council meeting agenda, to which City Attorney Guerra recommended against placing the matter

CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 24, 2022
PAGE3
on open session, and that further discussions, such as those related to a possible settlement, be placed under Closed Session.

FRED BARBOSA Fred Barbosa spoke in support of approval of the claim he and his wife presented against the city.

PAT GONZALES Pat Gonzales thanked staff for the Music in the Park concert series as well as the recent luau event. She particularly thanked Aquatics Supervisor Dan Grijalva and his staff for the wonderful work they are doing.

VERONICA BARBOSA Veronica Barbosa spoke in support of recognizing the contributions of the city's founding mothers, and spoke of her efforts in fulfilling this goal. She further requested that a statue be erected in the Memorial Garden in the month of May to recognize the women that have made significant contributions to the city.

SUZANNE GOMEZ Suzanne Gomez thanked Veronica Barbosa for the suggestion, congratulated Lieutenant Vargas and Sergeant Campos on their promotions, thanked the Police Department for increased park patrols and requested the creation of a Neighborhood Watch program, commended Recreation and Aquatics staff for their wonderful programs and events, and spoke in favor of building a water reclamation plant and other efforts to help alleviate climate change.

CONSENT CALENDAR
MOTION
ITEM NO. 1A

MINUTES
A motion was made by Councilmember Breceda, seconded by Councilmember Ortiz, to approve the Consent Calendar, with the exception of Item Nos. 1 E and 1 F, which were removed from the agenda for separate consideration. The motion was unanimously approved.

MINUTES
The following minutes were approved:
1) Special joint meeting held July 13, 2022
2) Special meeting held July 21, 2022
3) Special joint meeting held July 27, 2022
4) Regular meeting held July 27, 2022
5) Special joint meeting held August 15, 2022
ITEM NO. 1B WARRANTS I DEMANDS/ PAYROLL

WARRANTS/
DEMANDS I PAYROLL The warrants I demands I payroll were approved.

ITEM NO. 1C BILLBOARD DONATION- CITY OF HOPE'S WALK FOR HOPE BILLBOARD DONATION- 2022

CITY OF HOPE'S WALK

CITY COUNCIL MINUTES

REGULAR MEETING
FOR HOPE 2022
RESOLUTION NO.
2022-80-3330

ADOPTED
ITEM N0.1D

AWARD OF CONTRACT

TO PROVIDE

PROFESSIONAL

DESIGN SERVICES

FOR TRAFFIC SIGNAL

AND INTERSECTION
SAFETY

IMPROVEMENTS AT

ARROW HWY AND

LIVE OAK AVE
Resolution No. 2022-80-3330, entitled:

AUGUST 24, 2022
PAGE4
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE FINDING THAT A PUBLIC PURPOSE WOULD BE

SERVED BY THE DONATION TO THE CITY OF HOPE FOR THE

USE OF A BILLBOARD DISPLAY IN THE CITY OF IRWINDALE
AND APPROVING THE DONATION THERETO," was adopted.

AWARD OF CONTRACT TO PROVIDE PROFESSIONAL DESIGN

SERVICES FOR TRAFFIC SIGNAL AND INTERSECTION SAFETY
IMPROVEMENTS AT ARROW HIGHWAY & LIVE OAK AVE (EAST);
P-1039
1) The contract was approved and the City Manager was authorized to execute the agreement, subject to City Attorney approval as to form, with lteris in the amount of $46,220.00 for professional design services for traffic signal and intersection safety improvements at Arrow Highway and Live Oak Avenue (East); and 2) approve a 15% contingency in the amount of $6,933.00 to cover any additional services required to address any unforeseen site conditions during the design process.

END OF CONSENT CALENDAR
ITEM NO. 1E

APPROVAL OF PLANS

AND SPECIFICATIONS

FOR TRAFFIC SIGNAL

MODIFICATIONS AT

ARROW HWY AND

VINCENT AVE

DIRECTOR HANNA

COUNCILMEMBER
ORTIZ

COUNCILMEMBER
GARCIA

COUNCILMEMBER
ORTIZ

APPROVAL OF PLANS AND SPECIFICATIONS FOR TRAFFIC

SIGNAL MODIFICATIONS AT ARROW HIGHWAY AND VINCENT
AVENUE; P-980
Director Hanna presented the staff report.

Councilmember Ortiz expressed his joy that this item is moving forward. He spoke on his efforts in furthering this project and noted the cooperation he received with Supervisor Hilda Solis as well as representatives of Azusa and the Los Angeles County Department of Public Works.

Councilmember Garcia recommended that staff ask for the latest components in the signal controller cabinet, to which Assistant City Engineer Co advised that everything has been updated to the latest standards. He added that staff could look into obtaining a battery backup for the signal.

Councilmember Ortiz also requested that the yellow lighting enhancements be placed on the signals, to which Assistant City Engineer Co stated that they could be added.

CITY COUNCIL MINUTES

REGULAR MEETING

FRED BARBOSA
MOTION
ITEM NO. 1F

RELEASE OF BONDS

FOR PARCEL MAP
72864-16203-16233

ARROW HWY

COUNCILMEMBER

BRECEDA

DIRECTOR HANNA

COUNCILMEMBER
ORTIZ

MAYOR PRO TEM
AMBRIZ

CITY MANAGER

MIRANDA
MOTION
AUGUST 24, 2022
PAGE 5
Responding to a concern from Fred Barbosa, Assistant City Engineer Co advised that the signal features are determined based on accident history and intersection safety, and not by personal preferences.

A motion was made by Councilmember Ortiz, seconded by
Council member Garcia, to 1) approve the plans and specifications for Traffic Signal Modifications at Arrow Highway and Vincent Avenue, 2) approve the Cooperative Agreement between Irwindale and Azusa, 3) approve the Agreement between Irwindale and Los Angeles County, 4) authorize the City Manager to execute both agreements after approval as to form by the City Attorney, and 5) authorize staff to solicit bids for construction of the project. The motion was unanimously approved.

RELEASE OF BONDS FOR PARCEL MAP 72864 -16203-16233
ARROW HIGHWAY (Continue from July 13, 2022)
Councilmember Breceda declared a potential conflict of interest, refrained from discussing this matter, and exited the Council Chambers at 8:08 p.m.

Director Hanna presented the staff report.

Councilmember Ortiz expressed his preference to hold off on releasing the bonds until Panattoni addresses the concerns of the Morada Street residents, to which Director Hanna advised that the items of concern are unrelated to the subject bonds.

Mayor Pro Tern Ambriz also stated his desire to release the bonds after the concerns of the residents of Morada Street are addressed, to which City Attorney Guerra recommended that the bonds be released since the work that the bonds covered has been completed.

City Attorney Guerra further noted that releasing the bonds does not prevent the city from working with Panattoni on addressing the issues raised by the residents.

City Manager Miranda added that the release of the bonds is necessary to proceed with other work at the site. He added that staff will coordinate a meeting with representatives of Panattoni to address the residents' concerns.

A motion was made by Councilmember Garcia, seconded by Mayor Burrola, to approve the release of the faithful performance, labor and material, and monument bonds for Parcel Map 72864. The motion was unanimously approved; Councilmember Breceda absent.

CITY COUNCIL MINUTES AUGUST 24, 2022
REGULAR MEETING PAGE 6
COUNCILMEMBER Councilmember Breceda returned to the Council Chambers at 8:15 BRECEDA p.m.

NEW BUSINESS
ITEM NO. 2A

PROPOSED SENIOR

CENTER HOURS OF

OPERATION

COUNCILMEMBER

BRECEDA

PROPOSED SENIOR CENTER HOURS OF OPERATION
Councilmember Breceda declared a potential conflict of interest, recused himself from discussing this item, and exited the Council Chambers at 8:16 p.m.

DIRECTOR RODRIGUEZ Director Rodriguez presented the staff report.

MAYOR BURROLA
MOTION
ITEM NO. 2B

CONSIDERATION OF

RESOLUTION

APPOINTING INTERIM

POLICE CHIEF FOR A

LIMITED DURATION OF

TIME UNDER

GOVERNMENT CODE
SECTIONS 7522.56(C)
AND 21221(H)

CITY MANAGER

MIRANDA

COUNCILMEMBER
ORTIZ
As requested by Mayor Burrola, Director Rodriguez clarified the proposed hours of operation as well as staffing levels.

A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tern Ambriz, to approve the proposed Senior Center Hours of Operation to commence on Monday, August 29, 2022, as follows:

Mondays: 8 am to 5 pm
Tuesdays: 8 am to 5 pm
Wednesdays: 8 am to 7 pm
Thursdays: 8 am to 5 pm
Fridays: 8 am to 2:30 pm
The motion was unanimously approved; Councilmember Breceda absent.

CONSIDERATION OF RESOLUTION APPOINTING INTERIM

POLICE CHIEF FOR A LIMITED DURATION OF TIME UNDER
GOVERNMENT CODE SECTIONS 7522.56(C) AND 21221(H)
City Manager Miranda presented the staff report.

Councilmember Ortiz requested that Chief Castro look into concerns of motorists speeding on Irwindale Avenue, between Arrow Highway and Cypress.

CITY COUNCIL MINUTES

REGULAR MEETING
RESOLUTION NO.
2022-83-3333

ADOPTED

PUBLIC HEARINGS

CITY MANAGER'S
REPORT

CITY MANAGER

MIRANDA

AGENDA ITEMS

REQUESTED BY

COUNCILMEMBERS

COUNCILMEMBER
ORTIZ

COUNCILMEMBER

BRECEDA
MOTION

COUNCILMEMBER
ORTIZ
Resolution No. 2022-83-3333, entitled:

AUGUST 24, 2022
PAGE 7
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE APPOINTMENT OF AN INTERIM

POLICE CHIEF FOR A LIMITED DURATION UNDER
GOVERNMENT CODE SECTIONS 7522.56(C) AND 21221 (H)," was adopted on the motion of Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, and unanimously approved.

None.

City Manager Miranda reported the following:
1) The City Clerk's Office has qualified Albert Ambriz, H. Manuel Ortiz, Rosemary Martinez, and Jason Hickman as candidates for the November 8, 2022, General Municipal Election.
2) The City of Hope's Parking Structure A has recently won the International Parking and Mobility Institute Award of Excellence in Architectural Design and the 2022 MPA Innovative Sustainability Project of the Year.
3) In-person homework help will be offered through the Library beginning September 13.
4) The Recreation Department has processed 103 bus passes and will continue processing applications as they are submitted. 5) MariachiFest will begin September 2.
6) The community enjoyed six weeks of Sunset Cinema and seven weeks of Music in the Park concerts during the summer.
7) The Senior Center is accepting registrations for Zumba Gold and the Mexican Independence Day Dance.

Councilmember Ortiz reiterated his request to hold a town hall meeting to discuss the concerns of the Morada Street residents.

Councilmember Breceda also suggested placing this matter on the agenda to discuss the ideas he has to resolve the residents' issues.

A motion was made by Mayor Pro Tern Ambriz, seconded by Councilmember Ortiz, to hold a meeting to discuss the concerns of the Morada Street residents. The motion was unanimously approved.

Responding to a comment by Councilmember Ortiz regarding an additional concern relating to a sign at the Morada Street I Arrow Highway intersection, Director Hanna advised that staff hired a traffic

CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 24, 2022
PAGES
consultant to study the intersection. His recommendations was to install a "no turn on red" sign. Staff also addressed the signal timing with a consultant, and determined that the timing will be adjusted to shorten the amount of time individuals must wait before turning right.

COUNCIL CONSENSUS Council consensus was reached to place this matter on a future agenda for full discussion.

ITEM NO. SA

REQUEST BY MAYOR

PRO TEM REGARDING

COMMERCIAL

ELECTRICAL

VEHICLES

MAYOR PRO TEM
AMBRIZ

ADJOURNMENT

REQUEST BY MAYOR PRO TEM AMBRIZ REGARDING

COMMERCIAL ELECTRICAL VEHICLES
Mayor Pro Tern Ambriz noted the impacts that air quality has on residents' quality of life, and requested that staff look into whether developers could consider using electric vehicles to mitigate environmental impacts. He requested that the matter be placed on a future agenda for discussion.

There being no further business to conduct, the meeting was adjourned at 8:42 p.m., in memory of Joe Ray Nunez, Sr.

Laura M. Nieto, MMC
Chief Deputy City Clerk
Payroll Batch

DATE OF ISSUE
8/11/22
Payroll Batch

DATE OF ISSUE
8/18/22
Payroll Batch

DATE OF ISSUE
8125122

CITY OF IRWINDALE

PAYROLL WARRANT REGISTER
August 2022
406-08-22, 407-08-22

DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
15 Summer Youth
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
418-08-22

DEPARTMENT
13 City Administrative Office
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
420-08-22, 421-08-22, 422-08-22

DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
CC Item 18
AMOUNT
1,731.15
49,539.57
29,944.09
3,442.50
217,799.62
30,596.20
19,249.43
16,758.54
11,900.63
25,351.09
30,441.52
51,260.44
488,014.78
(140,500.21)
(16,435.54)
331,079.03
AMOUNT
1,003.50
1,003.50
(185.35)
818.15
AMOUNT
5,435.59
48,427.95
25,683.73
198,980.58
26,842.88
20,929.62
16,785.88
12,971.56
26,401.19
31,132.01
51,121.39
464,712.38
(131,780.88)
(18,014.14)
314,917.36
Electronic Payments
August 2022
August 16 - 31, 2022
Number Vendor Name
CalPERS
Ca!PERS
CalPERS
EDD
Federal Tax
EDD
Federal Tax
EDD
Federal Tax
Nationwide-457 Plan & Trust

IRWINDALE
Date
8/25/2022
8/26/2022
8/29/2022
8/19/2022
8/19/2022
812612022
8/26/2022
8/29/2022
8/29/2022
8/25/2022
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
Nationwide-Roth Cotribution-457 Plan & Trust 8/25/2022
ICMA 8/25/2022
PARS-FT 8/25/2022
PARS-PT 8/2512022
CJPIA Excess Pool 8/18/2022
Report Total:

Amount

90.90 84,845.10

34.74 106.65

17.99 24,930.63
67,319.55

2.48 6.54
14,591.75
3,382.00

13.39 26,451.09
2,680.19
4,386.54
228,859.54
Accounts Payable
Checks by Date - Summary by Check Number
User: imarin
Printed: 9/8/2022 7:55 PM

IRWINDALE
Check No Vendor No Vendor Name Check Date Check Amount
77754 CARDENOl Rudy Cardenas 08/18/2022 150.00
77755 KRENOl Willia1n Krenz 08/18/2022 4,821.37
77757 INGLEOl Inglewood Police Department 08/23/2022 300.00 77758 ALESHIRE Aleshire & Wynder, LLP 08/25/2022 82,347.87 77759 ALESHIRE Aleshire & Wynder, LLP 08/25/2022 71,240.10 77760 CALIF056 California State Disbursement Unit 08/25/2022 604.15 77761 CALIF057 California State Disbursen1ent Unit 08/25/2022 143.07 77762 CITYOl City of Hope 08/25/2022 54.00
77763 !CEA Irwindale City Employee Assoc. 08/25/2022 726.00 77764 !MBA Irwindale Mgn1t En1ployee Assoc. 08/25/2022 500.00 77765 IRWIND02 Irwindale Police Officers Assoc. 08/25/2022 3,288.10 77766 AMERIFID An1erican Fidelity Assurance 08/25/2022 7,318.50 77767 AMERIC34 American Fidelity Assurance Co 08/25/2022 2,733.64 77768 ARIASOl Michael Arias 08/25/2022 284.72
77769 AT&T06 AT&T 08/25/2022 1,669.16
77770 AVILAR02 Robert Avila 08/25/2022 300.00
77771 FINOY Yvonne Benner 08/25/2022 69.06
77772 NESTOl Blue Triton Brands, Inc. 08/25/2022 900.11 77773 CAB!Ol Nabor Cabibil 08/25/2022 300.00
77774 FRONTOI Frontier Conm1unications 08/25/2022 16.00 77775 LEGAL03 Legal Shield 08/25/2022 37.90
77776 LOPEZ14 Veronica Lopez 08/25/2022 150.00
77777 NAVARR03 Isabel Marin 08/25/2022 1,820.53
77778 MARQOl Rudy Marquez 08/25/2022 75.00
77779 OPTUMOl OptumRx, Inc. 08/25/2022 27,960.02
77780 PONCE04 Delicia Ponce 08/25/2022 52.32
77781 ROBLES03 Michael Robles 08/25/2022 300.00
77782 RODRIG14 Pedro Rodriguez 08/25/2022 75.00
77783 STGEOOI St. George's Medical Clinic 08/25/2022 745.00 77784 TPXOl TPX Conununications 08/25/2022 2,488.25
77785 verizonw Verizon Wireless 08/25/2022 792.64
77786 VISIONOI Vision Service Plan - (CA) 08/25/2022 1,583.09 77787 VISIONOl Vision Service Plan - (CA) 08/25/2022 1,556.52 77788 ZEPEDA04 Dena Zepeda 08/25/2022 37.00
77789 ZEPEDA07 Priscilla Zepeda 08/25/2022 198.43
77790 AMAZON Amazon 08/30/2022 780.59
77791 PETTYC05 City oflrwindale Petty Cash 08/30/2022 654.30 77792 AMBRIZ05 Albert Ambriz 08/30/2022 96.00
77793 BURROL08 Larry Burrola 08/30/2022 683.11
77794 ORANGEOI Orange County Sheriffs 08/30/2022 139.00 77795 ORANGEOl Orange County Sheriffs 08/30/2022 139.00 77796 AMAZON Amazon 08/30/2022 9,307.38
77797 CTCTOI Colun1bia Telecotnmunications Corporatior 08/30/2022 3,899.70 77798 ACOSTAOI Carol Acosta 09/01/2022 75.00
77799 AMERIFID A111erican Fidelity Assurance 09/01/2022 7,215.18 77800 AMERIC34 American Fidelity Assurance Co 09/01/2022 2,733.64 77801 AT&T02 AT&T 09/01/2022 33.64
AP Checks by Date - Summary by Check Number (9/8/2022 7:55 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
77802 AT&T06 AT&T 09/01/2022 1,769.04
77803 AyalaOl Leonor Ayala 09/01/2022 480.00
77804 NESTOl Blue Triton Brands, Inc. 09/01/2022 374.43 77805 PMIDEN Delta Dental Insurance Company 09/01/2022 991.77 77806 PMIDENOI Delta Dental of California 09/01/2022 13,586.79 77807 ESPIN005 Ernesto Espino 09/01/2022 1,500.00
77808 EVANS02 Gloria Evans 09/01/2022 75.00
77809 FLOREOl Karla Flores 09/01/2022 520.00
77810 FRONTOl Frontier Communications 09/01/2022 273.52 77811 GONZAL21 Angel Gonzalez 09/01/2022 75.00
77812 HO MEDE Horne Depot Credit Services 09/01/2022 1,107.88 77813 LEDEZMA Erica Ledezma 09/01/2022 720.00
77814 MCIWOR MCI Comm Service 09/01/2022 38.83
77815 NATION23 National Union Fire Insurance 09/01/2022 722.57 77816 NINJAOl NinjaRMM, LLC 09/01/2022 4,275.00
77817 ORTIZH H. Manuel Ortiz 09/01/2022 26.64
77818 OSTERHOl Delfina Osterheim 09/01/2022 174.16
77819 STANDAOl Standard Insurance Co. RV 09/01/2022 459.95 77820 STANDA03 Standard Insurance Company 09/01/2022 2,644.25 77821 TEXASOl Texas Life Insurance Co. 09/01/2022 3,558.59 77822 VISIONOl Vision Service Plan - (CA) 09/01/2022 4,573.00 77823 VISIONOl Vision Service Plan - (CA) 09/01/2022 4,583.96 77824 WAGONER Pamela Wagoner 09/01/2022 350.00
77825 AGUILA07 Berlyn Aguila 09/01/2022 2,738.50
77826 NESTOl Blue Triton Brands, Inc. 09/01/2022 246.62 77827 BURTONOl Michelle Burton 09/01/2022 1,422.00
77828 FRAEROl Laura Fraer Snyder 09/01/2022 2,738.50
77829 FRAIJ002 John Fraijo 09/01/2022 1,841.00
77830 HO MEDE Horne Depot Credit Services 09/01/2022 1,644.94 77831 OLIVAROl Theresa Olivares 09/01/2022 232.10
77832 STROBE03 Gary Strobehn 09/01/2022 169.00
77833 AZUSALW Azusa Light & Water 09/01/2022 2,959.01
77834 CALIF002 California American Water 09/01/2022 1,897.81 77835 SCE02 Southern California Edison 09/01/2022 4,143.24 77836 SCE02 Southern California Edison 09/01/2022 12,990.06 77837 SCE02 Southern California Edison 09/01/2022 22,046.29 77838 VALLEYOl Valley County Water District 09/01/2022 12,794.26 77839 VALLEY09 Valley View Mutual Water Co. 09/01/2022 83.66 77840 DIVIS!Ol Division of the State Architect 09/14/2022 339.75 77841 DUDEKOl Dudek 09/14/2022 10,920.00
77842 DURATEOl DuraTech USA, Inc. 09/14/2022 10,274.51
77843 FCGOl FCG Consultants Inc, 09/14/2022 30,649.95
77844 GEO LOG Geologic Associates 09/14/2022 28,813.55
77845 JU STIRE Just Tires 09/14/2022 280.25
77846 PHASE II PARS 09/14/2022 1,750.00
77847 TRANOl Transtech Engineers, Inc. 09/14/2022 2,240.00 77848 Al PART A-1 Party Rentals 09/14/2022 16,245.30
77849 ADVANT Advantage Ford 09/14/2022 179.17
77850 ALLIAN02 Alliant Insurance Services, Inc.-NPB Main 09/14/2022 579.00 77851 ALLISOOl Allison Mechanical, Inc 09/14/2022 3,398.21 77852 B&BTIR B & B Tires Service 09/14/2022 205.00
77853 BAKEROl Baker & Taylor Books 09/14/2022 383.98
77854 BARNEY Barney1
s Locksmith Service 09/14/2022 738.68
77855 BILLST Bilfls Truck Repair, Inc. 09/14/2022 159.00 77856 BLACKA Black & White Emergency Vehicles 09/14/2022 100.00 77857 BM!Ol BM! 09/14/2022 391.00
77858 BRITEW Brite Works, Inc. 09/14/2022 11,181.64
AP Checks by Date - Surmnary by Check Number (9/8/2022 7:55 PM) Page2 Check No Vendor No Vendor Name Check Date Check Amount
77859 CALIF026 California Police Chiefs 09/14/2022 145.00 77860 CAR QUEST Carquest 09/14/2022 11.13
77861 CASCO! CASC Engineering & Consulting 09/14/2022 13,825.10 77862 CDWOl CDW Government 09/14/2022 327.27
77863 CHRISNOl Chris Nelson & Associates, Inc. 09/14/2022 8,970.00 77864 CINTAS Cintas Corporation #693 09/14/2022 410.36
77865 CITYOFll City of Azusa 09/14/2022 775.00
77866 DEPTOF02 County of LA Dept of Animal Care & Cont 09/14/2022 2,796.13 77867 CPRSCA CPRS Park & Recreation 09/14/2022 165.00
77868 DEMCOI Demeo, Inc. 09/14/2022 224.78
77869 GCCONOl GC Construction Co Inc 09/14/2022 6,767.10 77870 GEO LOG Geologic Associates 09/14/2022 36,599.25
77871 lGlendor Glendora Chevrolet 09/14/2022 155.90
77872 HDLO! Hdl Software, LLC 09/14/2022 1,456.54
77873 INTELLO! Intelli-tech, Inc. 09/14/2022 74.22
77874 ITERlS Iteris, Inc. 09/14/2022 4,272.20
77875 JCSPLU JC's Plumbing & Backflow Svc 09/14/2022 150.00 77876 JO EA GO Joe A. Gonsalves & Son 09/14/2022 4,750.00 77877 LAKESHOl Lakeshore Leaming Materials 09/14/2022 223.84 77878 LAND SC Landscape Warehouse III Inc. 09/14/2022 521.24 77879 LOSANG20 Los Angeles County Fire Dept. 09/14/2022 2,410.00 77880 MAINTEO! Maintex 09/14/2022 1,234.46
77881 MIDAS Manuel C Muratalla 09/14/2022 997.86
77882 MER CUR Mercury Fence Co., Inc. 09/14/2022 550.00 77883 MOUNTOl MNRO Holdings, LLC 09/14/2022 82.94
77884 MOBI02 Mobile Citizen, LLC 09/14/2022 480.00
77885 MOTOROl Motorola Solutions, Inc. 09/14/2022 23,766.82 77886 PEARSOOl NCS Pearson, Inc 09/14/2022 33.00
77887 ORKINP Orkin Pest Control 09/14/2022 954.00
77888 PERF03 Performance Elevator Contractors, Inc. 09/14/2022 720.00 77889 PRO PRINT Pro Printing, Inc. 09/14/2022 60.16
77890 PROFORO! ProF orce Law Enforce1nent 09/14/2022 196.89 77891 QUINN02 Quinn Company 09/14/2022 599.63
77892 RIOHONO! Rio Hondo College 09/14/2022 75.00
77893 SIR CHI Sirchie Finger Print Lab. Inc 09/14/2022 375.68 77894 SOUTH06 South Coast AQMD 09/14/2022 1,096.96
77895 SWANKO! Swank Motion Pictures, Inc. 09/14/2022 915.00 77896 TUMBLEOl Tumbleweed Press Inc. 09/14/2022 1,278.40 77897 UNITEDll United Site Services of CA Inc 09/14/2022 589.50 77898 WESTC005 West Coast Arborists, Inc. 09/14/2022 12,629.40 77899 WESTCO!l West Coast Lights & Sirens 09/14/2022 27,639.68 77900 HDSUPO! WHITE CAP, L.P. 09/14/2022 299.51
77901 WILLDAN Willdan Financial Services 09/14/2022 2,030.54 Report Total (147 checks): 632,685.94
AP Checks by Date - Summary by Check Number (9/8/2022 7:55 PM) Page3 0City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: September 14, 2022
City if

IRWINDAL

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1C
Issue: Rejection of Claim: Ramiro Lopez vs. City of Irwindale.

City Manager's Recommendation:

Staff recommends City Council (1) Reject the claim of Ramiro Lopez vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Prepared I Submitted by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On August 1, 2022, the City received a claim for damages from claimant Ramiro Lopez.

Claimant Lopez alleges that his vehicle was damaged by a large rock in the roadway on Azusa Canyon Road near Cypress Street.

The claim was reviewed by the City's claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim because there were no reports to the City regarding a large rock in the roadway prior to the incident and the City did not have notice of the large rock in the roadway .. Accordingly, staff recommends that the City Council reject the claim because the City is not liable for maintaining a dangerous condition of public property. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.
01005.0001/817231.1 Page 1
Fiscal Impact:

None.

Attachment:

Rejection Notice to City from Carl Warren & Co.

Claim for Damages received August 1, 2022
Page2
Rejection of Claim
Ramiro Lopez vs. City of Irwindale
A (l/JVENBROOK Conopariy
9/1f'lf)22
TO: City of Irwindale
ATTENTION: laura Nieto
RE: Claim : Ramiro Lopez V. City of Irwindale
CJafmant : Ramiro Lopez
Member : City of Irwindale
DateRec'dbyMbr :08-01-2022
Date of Event : 07-21-2022
CW File Number : 3035299 JBV
Pfease allow this correspondence to acknowledge receipt of the captioned claim.

Plea•e lake !he following action:
• CLAIM REJECTION: Send a SllINdard refechan lnur 111 tire claimant Pfe·ase inctude a proof of mailing with your rejection notice to the claimant. Please provide u• with a copy of !he Nolice of Rejection and copy of Proof of Mai[ng. If you have any questions. feel free to contact the assigned adjuster or the undersigned claims s:peciali.st.

Very lruly yours,
p_._ Y.J-;4
Janice Baluyut
aarrns Examiner
Corl Warren & Company, LLC ! A Venbrook Company
Direct: 657 .622. 4326
Email: [email protected]
PO Box:2411, Tustin, CA 92781
T: 657-622-4200 ! F: 866-25-4-4423 f www.carlwarren.com CA License #2607296
01005.0001/817231.1 Page 3
Rejection of Claim
Ramiro Lopez vs. City of Irwindale

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

1. Claims for death, injury to person or to personal property must be filed not rater than 6 months after the occurrence.

RECEIVED

2. Claims for damages to real property must be filed not rater than 1 year after occurrence. AUG 0 1 2022 CITY OF ffiWINDALE
CIT¥1.frkL.f&i!.)§ DEPT.

3. Read entire claim before filing.

4. See page 2 for diagram upon which to locate place of accident.

5. This claim for must be signed on page 2 at bottom.

6. Attach separate sheets if necessary to give full details. Sign each sheet.

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 To: City of Irwindale
Name of Claimant
M\mt'IVJ
Filing S1amp
Claimant's Date of Birth
Claimant's Occupation
Home
6Hif'p1NC
Telephone Number
~
Name and address to which you desire notices or communications to be sent regarding this claim:

Names of any City employees involved In INJURY or DAMAGE

12. NOON
Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks( \" L ~.Sf S ~ '°"~ L. E?TT'E\<'... I>~ (1..1 -llkLY' 'Lo··2:z rort. MOW <0~1 LS) My vou.:.tf/\fAGeN 13'EftiTf __ Js WA--.s \?A-IYIM,.1"'? 'iJ'j IT ~$\DN'E Sf'rn#G- DN ·n-11? INNinl ~ &f' lt~i!-­ Vf<.Ntor-t P-or+P Cw-rot.. 1~-eui.m 01='- cy,<.~.> <f-r).

What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damage claimed. i=:tJ'f; tN'IT 0 rt.- ~17 ~ 'ti> ~Gff!O a IL- \"kN.

Claimant's Name:

Rf\m.1 Rb Lt/f E"Z..

State the amount which you are claiming as of th,e date of presentation of this claim. Give basis l?f computation. m~ .°'F EJVG~ l!IL-.fk'fl} W><t>1)1J -T ~ _ _,2'50 .. - ~) Ptri5 :~fl) - ~ lll ·~ o «iWVC --rs-. _ "{l>i..-0 11'.I G ~ 1.::J-2-1 SM ~IN> fl<;Pm \0 l'<Wfl -:i>Hvf 'JC1. _ I
Give estimated amount of future losses due to INJURY or DAMAGE:

Was damage andlor injuiy investigated by the police? ____ If yes, what City?------------- Were paramedics or ambulance called? __ \'l_._O __ If yes, name City or ambulance ________ ~---~ If injured, give name and address of your doctor and the date and time of your first visit 'f'./, Ir .

Doctors and Hospitals:

Doctor Address __________ Date Hospttallzed ______ _
Hospital---------- Address __________ Date Hospitalized------- Hospital _________ _ Address __________ Date Hospitalized ______ _ Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have Information:

Name A.NO'/ \...IM Address Phone--
Phone _____ _

READ CAREFULLY
For all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an "X". Indicate house numbers or distances to street comers.

If a City vehicle was involved, designate with an "A" the location of the Ctty vehicle when you first saw it, and with "B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1". Mark the point of impact with an 'X". Note:

If diagram below does not fit the situation, attach a proper diagram signed by claimant. _J
II
laimant (if other than claimant, indicate relationship) Typed Name Date MM I fl-0 I-of e"t.. :3ti J~Z1.
ust be filed with the City Clerk. Presentation of a false claim is a felony (Penal Code Section 72) July 27, 2022
Mrl.Julian Miranda
The City Manager
City of Irwindale
5050 N. Irwindale Avenue
Irwindale, CA 91706
626-430-2200
Subject: Accident along Azusa Canyon Road cor Cypress Avenue on July 21, 2022 Dear Sir:

My name is Ramiro Lopez residing at ••I Duarte, CA 91010. '·
I would like to file a complaint on the accidentthat happened last Wednesday, July 21, 2022 at around 12 noon along Azusa Canyon Road corner Cypress Avenue. The facts are as follows:

1. I was driving my Volkswagen Beetle on the inner lane coming from the north along Azusa Canyon Road going to San Bernardino Road.

2. As I was approaching Cypress Avenue, I heard a "thud" sound beneath my car. My passenger, Andy Lim, asked me if we had hit something. I replied maybe just a stone whichwas on the middle of the street.

3. I was unable to avoid the stone as there was an.other car beside me on the outer lane.

4. When we alighted from the car (which was on the parking lot of West Covina Mini Storage), we saw a pool of engine oil splattered on the parking lot. See Picture One.

5. We could only guess at that time that the engine oil pan might have been damaged.

6. We decided to go back to the scene where we heardthe thud sound and we saw the stone still lying along Azusa Canyon Road. See Picture Two.

7. We took pictures where the stone settled after it hit the bottom of the car. We then took a close-up picture of the stone and saw scarred marks. We picked up the stone as evidence.

8. The car was towed ata cost of$90 from West Covina Mini Storage located at 2221 San Bernardino Road, West Covina, CA to Carrillos Tires & Wheels Auto Shop located 4116 E. Live Oak Avenue, Arcadia CA.

9. Our guess was correct thatthe stone was able to punch a hole on the engine oil pan. See Picture Three.

10. The cost of the repair- materials ($190) and labor ($160) amounted to US$350.00.

11. Of course, I had to request a friend to bring me to work & back home for the next 3 days at a cost of $75.

I am seeking reimbursementforthe cost of the repair as well as for the transportation cost from the City of Irwindale for the negligence In maintaining the safety of the road for the vehicle users. Had the City of Irwindale exercise due diligence in making the road safe, I would not have encountered this accident.

Trusting that you find everything in order.

Verytruly yours,
Ramiro Lopez
Duarte, CA 91010 : Cell Phone No.:

AME

ADDRESS
CllY, STATE,~~
2NO AUTHORIZED NAME
YEAR• MAKE •MODEL ')_ ; J: " SERIAL #NIN
MOTOR#
t--t---+-~-~~------+--+--+--+----lLICENSE NO. ODOMETER WRITTEN BY i' OwsE OmLCHANGE 0FLUSHTRANS. 0FLUSHDIFF. OwAsH OPoUsH CHARGE FOR HAZARDOUS OR OTHER WASTE REMOVAL*
TOTAL PARTS METHOD OF PAYMENT:

D CHECK D CHARGE
0CASH
; \ !
OallY S!orage fee after repair work flas been LABOR ONLY comphted alld cuslomarhas been noHllOO. No 1------t---+---\ charges shall accrue or IJll due and payable for a PARTS period al 3 working days from date or nntmcaUon, >----~-+--~-+---\

ACCESSORIES
LABOR GUARANTEED ITEM{S) _____ ,G_A~S,_Dl_L~&-"GR-"EA-"S"'E-!---i--l t--!----------------------1 OFLATRATE D HOURLY ' 0 BOTH MISC. MERCHANDJSE
\:::::::::~=----===::-----:===------1---'='..'.'.".'.'.'___----I GUARANTEE EFFECTIVE UNTIL: SUBLET REP"IRS "'"'11!!!!m'"' 1''"' '"'""'"'===~'!!!!'!!!! m'!!!!'"'"'!!!!"!!!!'''===~!!!!'!!!! is'-'lo'-''"'!!!!'!l!"'=======I D RETAIN PARTS TIME------- " PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND SIGN: D DESTROY PARTS Mlll'AGE STORAGE FEE I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A WRITIEN ESTIMATE, ~AU~TH~oR'."_'.IZE~o~sv::'__[l~~====---_____jr;;rAXx--1---, .. !1-J INCLUDING A COMPLETION DATE, IF MY FINAL BILL WILL EXCEED $100. ($50 in MD) '--------------'-T""'O-"-TA"'-L"-11>---'----'-../ - I REQUEST A WRITIEN ESTIMATE. THE FINAL BILL MAY NOT EXCEED THIS ESTIMATE WITHOUT MY WRITIEN APPROVAL.
- I DO NOT REQUEST A WRITTEN ESTIMATE, AS LONG AS THE REPAIR COSTS DO NOT EXCEED $ . THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITIEN OR ORAL APPROVAL. _ I DO NOT REQUEST A WRITTEN ESTIMATE.
*Checked Unes apply (Preparer must check at least one):
-This charge represents costs and profits to Iha motor vehicle repair facility for miscellaneous shop supp!fes or waste dJsposal. -This amount Includes a charge of$ which Is required under law.

You are entiUed by law lo !he retom of all parts replaced, exrept those forwtilch Uiere Is a core charge, unless you agree olheiwlse by !niUaflng !he follOl\ing: __ I do nol desire lhe rn!um of any of Ille parts lhal are replace<l dming lhe aulhorized repairs.

Esllmale yarn! for 30 days. Not responsible for damage caused by tlleft, lile, or acts of nature. f auU\Orlie lhe above repairs, along l'lilh any neressaiy materials. I authorize YoU and your employees to operate my veh~le for lhe PIJJPOse of lesling, inspec!lon, and delivery at my risk. An ~press mechanic's llen Is hereby atknowledged on lhe above vehicle to secure !)le amount of lhe repairs !hereto. If I cancel repairs prior lo U1eir romp!etion !or ruq reilSOll, a tear.<lown and 1eassemb~ Joo.of $ __ wm be applied.

SIGNED _____ >'---------
t! adams
DATE---------------- ~r,~ n

0City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
City if
IRWINDAL_~

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 10
Issue: Rejection of Claim: Heirs of Isaac Lefebre II vs. City of Irwindale City Manager's Recommendation:

Staff recommends City Council (1) Reject the claim of the Heirs of Isaac Lefebre II vs.

City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Prepared I Submitted by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On August 24, 2022, the City received a claim for damages from the Heirs of Isaac Lefebre II. Claimants allege that on February 20, 2022, Isaac Lefebre II was a passenger in a vehicle that was involved in an accident at or near Azusa Canyon Road and Cypress Street, causing him to sustain fatal injuries. It is claimed that the City of Irwindale failed to properly regulate the roadway causing a dangerous condition.

The claim was reviewed by the City's claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Accordingly, staff recommends that the City Council reject the claim. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None.

Attachment:

Rejection Notice to City from Carl Warren & Co.

Claim for Damages received August 24, 2022
Page2
Rejection of Claim
Heirs of Isaac Lefebre II vs. City of Irwindale
.A@VENB~OOKCompany
August 30, 2022
TO: City of Irwindale
ATTENTION: Laura Nieto
RE: Oaim
Oaimant
Member
Date R.c'd by Mbr
DateofEvent
CW File Number
Heirs of Isaac Lefebre II vs. li:windale
Heirs of Isaac Lefebre II, Decedent
City ofli:windale
8124122
2120122
3037686GRV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standud rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection aud copy of the Proof of Mailing. If you have an}' questions feel free to contact the assigned a<ljuster or the undersigned claims specialist.

Very Tmly Yours,
CARL WARREN & CO.

T~ M. Vtl.f"D1'V
Timothy M. Varon
Oaims Supeivisor
PO Box2.411, Tustin, CA 92781
T: 657-622-4200 i F: 866-254-4423 I www.carlwarren.com
CA License #2607296
Page3
Rejection of Claim
Heirs of Isaac Lefebre II vs. City of Irwindale

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

1. Claims for death, Injury to person or to personal property must be flied not later than 6 months after the occurrence.

RECEIVEn

2. Claims for damages to real property must be flied not later than 1 year after occurrence. AUG 2 ~ 2022 SR: OF IRWINDALE

3. Read entire claim before filing.

4. See page 2 for diagram upon which to locate place of accident.

5. This claim for must be signed on page 2 at bottom.

6. Attach separate sheets If necessary to give full details. Sign each sheet.

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 To: City of Irwindale
Name of Claimant
The Estate of Isaac Lefebre II
Home Address of Claimant
· c~~~J>BPt. Filing Stamp
Claimant's Date of Birth
. Pending
Claimant's Occupation
NIA
Home Telephone Number
Name and address to which you desire notices or communications to be sent regarding this claim:

Downtown LA Law Group; 601 N. Vermont Ave., Los Angeles CA 90004 When did DAMAGE or INJURY occur?
Date: 02/20/2022 Time: ------- If claim Is for Equitable Indemnity, give date claimant served with complaint:------
Names of any City employees involved in INJURY or DAMAGE Unknown
Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks:

Near intersection of Cypress St and Azusa Canyon Rd., Irwindale, CA 91706.

Describe In detail how the DAMAGE or INJURY occurred.

Mr. Lefebre II was a passenger in a vehicle that was involved in an accident causing him to sustain fatal injuries.

Why do you claim the City of Irwindale is responsible?
The City of Irwindale failed to properly regulate the roadway causing a dangerous condition.

What DAMAGE or INJURIES do you claim resulted? Give full extent of Injuries or damage claimed.

Injuries resulted in death of Mr. Lefebre II.

Claimant's Name:

The Estate of Isaac Lefebre II
State the amount which you are cl aiming as of the date of presentation of this claim. Give basis of computation. $100,000,000.00; bodily injury, pain and suffering.

Give estimated amount of future losses due to INJURY or DAMAGE:

Was damage and/or injury Investigated by the police? x If yes, what City? Irwindale Were paramedics or ambulance called? x If yes, name City or ambulance LAFD If injured, give name and address of your doctor and the date and time of your first visit:

Doctors and Hospitals:

Doctor Pending Address Date Hospitalized
Hospital Address Date Hospitalized
Hospital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:

Name Address Phone
Name Address Phone

READ CAREFULLY
For all accident claims, indicate on the diagram street names, including North, East, South, and West. Indicate place of accident with an")(''. Indicate house numbers or distances to street corners.

If a City vehicle was involved, designate with an "A" the location of the City vehicle when you first saw it, and with "B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1". Mark the point of impact with an "X''. Note:

If diagram below does not flt the situation, attach a proper diagram signed by claimant. _J ,_________,/ ,_______/ ------'
71\\ 71
LJ ,
~
,~~~·(o)
Signature of Claimant (If other than claimant, indicate relationship) Typed Name Date Jazmine Gomez obo
Legal Assist. @ DTLA Law Grou The Estate of Isaac Lefebre II OB/19/2022 1ms must be flied with the City Clerk. Presentation of a false claim is a felony (Penal Code Section 72) IZl City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: September 14, 2022
Cl/yo/-

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 1E
Issue: Rejection of Claim: Benjamin Lefebre, a minor vs_ City of Irwindale City Manager's Recommendation:

Staff recommends City Council (1) Reject the claim of Benjamin Lefebre, a minor vs_ City of Irwindale; and (2) Direct staff to send a letter of rejection.

Administrative Action:

Prepared I Submitted by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On August 24, 2022, the City received a claim for damages from claimant Benjamin Lefebre, a minor. Claimant Lefebre alleges that on February 20, 2022 his father, Isaac Lefebre 11, was a passenger in a vehicle that was involved in an accident at or near Azusa Canyon Road and Cypress Street, causing him to sustain fatal injuries. It is claimed that the City of Irwindale failed to properly regulate the roadway causing a dangerous condition.

The claim was reviewed by the City's claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Accordingly, staff recommends that the City

Council reject the claim. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.

Fiscal Impact:

None.

Attachment:

Rejection Notice to City from Carl Warren & Co.

Claim for Damages received August 24, 2022
Page2
Rejection of Claim
Benjamin Lefebre, a minor vs. City of Irwindale
A @vENBROOK Company
August 30; 2022
TO: City of Irwindale
ATTENTION: Laura Nieto
RE: Claim
Claimant
Member
Date Rec'd by Mbr
Date of Event
CW File Number
Benjamin Lefebre, a minor V!L Irwindale
Benjamin Lefebre, a minor
City ofIIwindale
8124122
2120122
3037686GRV
Please allow this oorr""Pondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy ofa Proofof Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel me to contact the assigned a<!juster or the nndersigned claims specialist.

VeiyTrnlyYours,
CARL WARREN & CO.

T~ M. Va.rl>W
Timothy M. Varon
Claims Supervisor
PO Box241 l, Tustin. CA 92781
T: 657-622-4200 I F: 866-254-4423 I www.cartwarren.com
CA License 112607296
Page3
Rejection of Claim
Benjamin Lefebre, a minor vs. City of Irwindale

INSTRUCTIONS

CITY OF IRWINDALE

CLAIM FOR DAMAGES

TO PERSON OR PROPERTY

1. Claims for death, injury to person or to personaJ property must be filed not later than 6 months after the occurrence. RECEIVED

2. Claims for damages to real property must be filed not later than 1 year after occurrence. AUG 2 4 2022 CITY OF IRWINDALE ~DM&Dm71',
-· • • F!iiiiQSiamp

3. Read entire claim before filing.

4. See page 2 for diagram upon which to locate place of accident.

5. This claim for must be signed on page 2 at bottom.

6. Attach separate sheets if necessary to give full details. Sign each sheet.

7. File with City Clerk, 5050 N. Irwindale Ave., Irwindale, CA 91706 To: City of Irwindale Claimant's Date of Birth
Name of Claimant
-
Claimant's Occupation
Benjamin Lefebre
Home Address of Claimant Home Telephone Number
Business Address of Claimant Business Telephone Number
Name and address to which you desire notices or communications to be sent regarding this claim:

Downtown LA Law Group; 601 N. Vermont Ave., Los Angeles, CA 90004 When did DAMAGE or INJURY occur? Names of any City employees involved in INJURY or DAMAGE Unknown
Date: 0212612022 Time: ,----,--,-,---- If claim is for Equitable Indemnity, give date claimant served with complaint: ------
Where did DAMAGE or INJURY occur? Describe in full detail and locate on diagram on page 2. Where appropriate, give street names, addresses, and measurements from landmarks:

At or near Azusa Canyon Rd. & Cypress St., Irwindale, CA 91706 Describe In detail how the DAMAGE or INJURY occurred.

Mr. Lefebre's (a minor) father, Isaac Lefebre 11, was a passenger in a vehicle that was involved in an accident causing him to sustain fatal injuries. ·
Why do you claim the City of Irwindale Is responsible?
The City of Irwindale failed to properly regulate the roadway causing a dangerous condition.

What DAMAGE or INJURIES do you claim resulted? Give full extent of Injuries or damage claimed.

Injuries resulted in death of Mr. Lefebre II.

Claimant's Name:

Benjamin Lefebre
State the amount which you are claiming as of the date of presentation of this claim. Give basis of computation. $100,000,000; Basis of Computation: Bodily injury and pain and suffering.

Give estimated amount of future losses due to INJURY or DAMAGE:

Pending
Was damage and/or injury Investigated by the police? y,, If yes, what City? Poodl"' Were paramedics or ambulance called? Yes If yes, name City or ambulance Pending If Injured, give name and address of your doctor and the date and time of your first visit:

Pending
Doctors and Hospitals:

Doctor Pending Address Date Hospitalized
Hospital Pending Address Date Hospitalized
Hospital Address Date Hospitalized
Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information:

Name Address Phone ·-
Name Address Phone

READ CAREFULLY
For all accident claims, indicate on the diagram street names, Including North, East, South, and West. Indicate place of accident with an "X". Indicate house numbers or distances to street corners.

If a City vehicle was Involved, designate with an "A" the location of the City vehicle when you first saw it, and with "B" the location of yourself or your vehicle when you first saw the City vehicle. Indicate location of City vehicle at the time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1''. Mark the point of Impact with an "X". Note:

If diagram below does not fit the situation, attach a proper diagram signed by claimant. _J LJ
71 Signature of Claimant (If other than claimant, indicate relationship) Typed Name /J..,,- .,, - ~,I Legal Asst. @ DTLA Law Jazmine Gomez 080 Benjamin Lefebre lndlcatQ
North
Date
8/19/2022
£/ Note: Cla!TTls must be filed with the City Clerk. Presentation of a false claim is a felony (Penal Code Section 72) lily af
CC Item 1F
SA Item 1C
HA Item 18 IZICity Council
IZJSuccessor Agency
IZJHousing Authority
DReclamation Authority
DJoint Powers Authority
IRWINDALLt:l-----...J

AGENDA REPORT
Date: September 14, 2022
To: Honorable Mayor and Members of the City Council
Successor Agency Board
Housing Authority Board
From: Julian A. Miranda, City Manager/Executive Director Issue: Authorization To Invest Monies Into the Local Agency Investment Fund Account
City Manager/Executive Director's Recommendation:

That the City Council, Successor Agency and Housing Authority adopt Joint Resolution No. 2022-84-3334, Resolution No. SA 2022-85-3335, and Resolution No. HA 2022-17- 127 entitled: "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY
REDEVELOPMENT AGENCY ("SUCCESSOR AGENCY"), AND THE BOARD OF THE

HOUSING AUTHORITY OF THE CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND," reading by title only and waiving further reading thereof.

Administrative Action:

Submitted and Prepared by:

Kambiz Borhani, Finance Director/City Treasurer
(626) 430-2221
Reviewed by:

Adrian R. Guerra, City Attorney/General Counsel
Kambiz Borhani, Finance Director/City Treasurer
Approved by:

Electronically Approved
Julian A. Miranda, City Manager/Executive Director ~ ,
' Ii 6-4
Background and Analysis:

Irwindale has invested a portion of its surplus monies in the California Local Agency Investment Fund ("LAIF") since 1977 because of the convenience of having liquidity at a corresponding reasonable yield that LAIF provides to local government.

LAIF requires that no transaction can be processed in LAIF accounts without evidence that the individual requesting the transaction is authorized. The attached joint resolutions is to update the officers and successors in office that are authorized to make deposits into and withdrawals from monies in LAIF.

Fiscal Impact:

None.

Attachment:

Resolution No. 2022-84-334
Resolution No. SA 2022-85-3335
Resolution No. HA 2022-17-127

RESOLUTION NO. 2022-84-3334
RESOLUTION NO. SA 2022-85-3335
RESOLUTION NO. HA 2022-17-127

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY ("SUCCESSOR AGENCY"), AND THE BOARD OF THE HOUSING

AUTHORITY OF THE CITY OF IRWINDALE, CALIFORNIA, AUTHORIZING

INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND WHEREAS, pursuant to Chapter 730 of the Statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council of the City of Irwindale, Successor Agency to the Irwindale Community Redevelopment Agency (Successor Agency), and Irwindale Housing Authority each does hereby find that the deposit and withdrawal of money in the Local Agency Invest Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interest of the City of Irwindale, Successor Agency, and Irwindale Housing Authority; and WHEREAS, each of the agencies desire to rescind their respective resolution numbers 2022-42-3292, SA 2022-43-3293, and HA 2022-09-119 that were adopted in May 11, 2022, and replace them with this joint resolution to update the officers to order the deposits or withdrawal of monies in the Local Agency Invest Fund.

NOW, THEREFORE, the City Council of the City of Irwindale ("City Council") as Successor Agency to the Irwindale Community Redevelopment Agency, and the Board of Directors of the Irwindale Housing Authority does hereby find and determine as follows:

SECTION 1. The City Council/Board of Directors does hereby authorize the deposit and withdrawal of monies of the City of Irwindale, Successor Agency, and Irwindale Housing Authority in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq for the purpose of investment as provided therein; and SECTION 2. The City Council/Board of Directors authorizes the following officers or their successors in office to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions completed hereby:

Resolution No. 2022-84-3334
Resolution No. SA 2022-85-3335
Resolution No. HA 2022-17-127

Julian A. Miranda
City Manager/Executive Director
tfSignattfre
M·A~
Jeanette D. Duran
Finance Manager
Pt:AM\
Kambiz Borhani
Finance Director/City Treasurer
:;/<./~ Signature
SECTION 3. The Deputy City Clerk shall certify to the passage and adoption of these joint resolutions, and the same shall thereupon take effect and be in force.

PASSED, APPROVED, AND ADOPTED this 14th day of September 2022.

ATTEST:

Laura Nieto
Deputy City Clerk
Resolution No. 2022-84-3334
Resolution No. SA 2022-85-3335
Resolution No. HA 2022-17-127

Larry G. Burrola, Mayor
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Joint Resolution No. 2022-84-3334, Resolution No. SA 2022-85-3335, and Resolution No.

HA 2022-17-127 adopted at an adjourned meeting of the City Council of the City of Irwindale as Successor Agency to the Irwindale Community Redevelopment Agency, and the Irwindale Housing Authority held on September 14, 2022, by the following vote:

A YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura Nieto
Deputy City Clerk
Resolution No. 2022-84-3334
Resolution No. SA 2022-85-3335
Resolution No. HA 2022-17-127

ISi City Council
OSuccessor Agency
0 Housing Authority
0 Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
I CC Item 1G
IllWINDAL~ ...... ----- AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: A RESOLUTION TO EXTEND THE EXISTENCE OF A LOCAL
EMERGENCY REGARDING THE COVID-19 PANDEMIC
City Manager's Recommendation:

It is recommended that the City Council:
1) ADOPT RESOLUTION NO. 2022-92-3342 ENTITLED "A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA

EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO COVID-19 PANDEMIC WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE CHAPTER 2.44"
Administrative Action:
~~ Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Iris Espino, Assistant to the City Manager ~w~pt'nv Reviewed by:

Adrian R Guerra, City Attorney Electronically Approved
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager

Background and Analysis:

On March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to an outbreak of a respiratory illness known as a coronavirus ("COVID-19"). On March 4, 2020, the Los Angeles County Board of Supervisors and the Department of Public Health declared a local and public health emergency in response to the increased spread of COVID-19 across the country.

On March 18, 2020, the City Council adopted Resolution No. 2020-18-3178, pursuant to Chapter 2.44 of the Irwindale Municipal Code, confirming the proclamation of the existence of a local emergency due to COVID-19, as declared by the City's Director of Emergency Services on March 12, 2020.

On May 13, 2020 (Resolution No. 2020-32-3137), July 22, 2020 (Resolution No. 2020- 58-3218), September 9, 2020 (Resolution No. 2020-71-3231), October 28, 2020 (Resolution No. 2020-81-3241), January 10, 2021 (Resolution No. 2021-02-3264), March 10, 2021 (Resolution No. 2021-22-3234), April 28, 2021 (Resolution No. 2021-26-3248), June 23, 2021 (Resolution No. 2021-57-3269), August 25, 2021 (Resolution No. 2021- 70-3282), and October 13, 2021 (Resolution No. 2021-90-3302), December 8, 2021 (Resolution No. 2021-124-3246), January 26, 2022 (Resolution No. 2022-08-3257), March 9, 2022 (Resolution No. 2022-23-3273), June 22, 2022 (Resolution No. 2022-66- 3316), and July 27, 2022 (Resolution No. 2022-74-3324) the City Council reviewed and extended the local emergency due to the continued existence of conditions of extreme peril caused by the effects of COVID-19.

While Los Angeles County's coronavirus metrics had been steadily dropping and the State has reopened, it is recommended that the City Council extend the local emergency for an additional period of 60 days to continue to make resources available to address the continuing effects of COVID-19.

Fiscal Impact:

There is no fiscal impact at this time in approving the 60-day extension of the COVID-19 local emergency.

Attachment: Resolution No. 2022-92-3342
Page2
RESOLUTION 2022-92-3342

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO COVID-19 PANDEMIC WITHIN THE CITY OF IRWINDALE PURSUANT TO IRWINDALE MUNICIPAL CODE CHAPTER 2.44
WHEREAS, on March 4, 2020, Governor Newsom declared the existence of a state of emergency for the State of California in response to an outbreak of a respiratory illness known as a coronavirus ("COVID-19"); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors declared a local and public health emergency in response to the increased spread of COVID-19 across the country; and
WHEREAS, on March 18, 2020, the City Council adopted Resolution No. 2020-18- 3178, pursuant to Chapter 2.44 of the Irwindale Municipal Code, confirming the proclamation of the existence of a local emergency due to COVID-19, as declared by the City's Director of Emergency Services on March 12, 2020; and
WHEREAS, On May 13, 2020 (Resolution No. 2020-32-3137), July 22, 2020 (Resolution No. 2020-58-3218), September 9, 2020 (Resolution No. 2020-71-3231), October 28, 2020 (Resolution No. 2020-81-3241), January 10, 2021 (Resolution No. 2021-02-3264), March 10, 2021 (Resolution No. 2021-22-3234), April 28, 2021 (Resolution No. 2021-26- 3248), June 23, 2021 (Resolution No. 2021-57-3269), and August 25, 2021 (Resolution No. 2021-70-3282), October 13, 2021 (Resolution No. 2021-90-3302), December 8, 2021 (Resolution No. 2021-124-3246), January 26, 2022 (Resolution No. 2022-08-3257), March 9, 2022 (Resolution No. 2022-23-3273), June 22, 2022 (Resolution No. 2022-66-3316), and July 27, 2022 (Resolution No. 2022-74-3324) the City Council reviewed and extended the local emergency due to the continued existence of conditions of extreme peril caused by the effects of COVID-19; and
WHEREAS, after consideration of all items before it, the City Council of the City of Irwindale desires to extend the existence of a local emergency related to the COVID-19 Pandemic for 60 days to continue to make resources available to address the continuing effects of COVID-19.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The recitals are true and incorporated as findings herein.

SECTION 2. The City Council does hereby extend the City's proclamation of local emergency due to COVID-19, as last ratified by the City Council in Resolution No. 2022-74- 3324 on July 27, 2022, for a period of 60 days.
01005.0001/817178.1 Resolution No. 2022-92-3342

SECTION 3. For the duration of the statewide emergency, Governor Newsom has waived the requirement of Government Code Section 8630 that the City Council review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. If this declaration of local emergency extends for more than the duration of the statewide emergency declared for COVID-19, City Staff are directed to thereafter return this item for City Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable.

The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, parts, or portions thereof be declared invalid or unconstitutional.

SECTION 5. This Resolution shall take effect immediately and shall be published and promulgated in a widespread manner as is reasonably feasible under the conditions prevailing during this local emergency. A copy of this Resolution shall be forwarded to the Los Angeles County Operational Area Coordinator for transmission to California Emergency Management Agency.

PASSED, APPROVED, AND ADOPTED this 14th day of September 2022.

ATTEST:

Laura M. Nieto, CMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
Larry G. Burrola, Mayor
Resolution No. 2022-92-3342

I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2022-92-3342 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 14th day of September 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
01005.0001/817178.1
Laura M. Nieto, CMC
Chief Deputy City Clerk
Resolution No. 2022-92-3342

ISICity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
lYtyef

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Theresa Olivares, Assistant City Manager
CC Item 1H
Issue: Approval of Plans and Specifications for the Irwindale Park Improvements Project Phase 4 & 5; P-1011
City Manager's Recommendation:

That the City Council (1) approve the plans and specifications for the Irwindale Park Improvements Project Phase 4 & 5; and (2) authorize staff to solicit bids for construction of the project.

Administrative Action:

Submitted by:

Arsanious Hanna,
Director of Engineering I Building Official
Prepared by:

Daniel Co, Assistant City Engineer
(626) 430-2296
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:

Theresa Olivares, Assistant City Manager
01005.0006/817502.1
Electronically Approved
By Director of Engineering/Building Official
Electronically Approved
By Assistant City Engineer
Electronically Approved
Electronically Approved

Background and Analysis:

The project for Irwindale Park Improvements Phase 4 & 5 ("Project") is identified in the City's Capital Improvement Program (CIP). The Project will provide ADA accessibility and compliance, renovate and reconstruct two (2) restroom facilities and a picnic/BBQ shelter, install one (1) new picnic shelter, and irrigation, amenities and landscaping.

Steven A. Ormenyi & Associates has prepared the plans and specifications for the Project, which includes the necessary bid package to advertise and solicit bids per Section 3.44.11 O of the City's Municipal Code and applicable sections of the California Public Contract Code.

A set of the Project plans and specifications are available for review in the Office of the Director of Engineering.

Upon approval by the City Council, the Project will be advertised as required. The expected award of contract for City Council consideration will occur in October 2022.

This Project is categorically exempt from CEQA as it consists of replacement or reconstruction of existing facilities, pursuant to Section 15302(c) of CCR, Title 14, Division 6, Chapter 3 "Guidelines for Implementation of the California Environmental Quality Act".

It is therefore recommended that the City Council ( 1) approve the plans and specifications for the Irwindale Park Improvements Project Phase 4 & 5; and (2) authorize staff to solicit bids for construction of the project.

Fiscal Impact:

Funding for this Project is budgeted in the CIP Budget in the amount of $3,376,583.68. The Project is funded by the General Fund and is accounted for in the Capital Projects Fund 48 (Account Number 48-80-800-45300-8231).

Page2
ISICity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
City if

IRWINDALE

AGENDA REPORT
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City ManagerCC Item 11
Issue: Award of Contracts for As-needed Construction Inspection Services City Manager's Recommendation:

That the City Council authorize the City Manager to enter into a professional services agreement with Z&K Consultants, Dudek, and FCG Consultants for as-needed construction inspection services in the amount of $100,000 per contract, subject to approval as to form by the City Attorney.

Administrative Action:

Submitted by:

Arsanious Hanna,
Director of Engineering I Building Official
Prepared by:

Luis Pimentel, Assistant Engineer
(626) 430-2259
Reviewed by:

Adrian Guerra, City Attorney
Kambiz Borhani
Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
01005.0006/817613.1
Electronically Approved by
Director of Engineering/Building Official
Electronically Approved by
City Attorney

Background and Analysis:

Whenever work is done within the City's public right-of-way, contractors and utility companies are required to apply for an encroachment permit which allows them to perform construction work. This includes, but is not limited to, repairs or installation of new curb and gutters, sidewalk panels, driveway approaches, water or gas lines, fiber optic cables, electrical poles and restoration to City streets.

Inspection services for these permits can be requested 24 hours a day, seven days a week. The encroachment permit inspection function was re-assigned to the Engineering Division in July of 2021. Due to limited staffing and inspection requests during nonbusiness hours (nights and weekends), staff cannot cover all inspections needed.

On July 28, 2022, staff issued a Request for Proposal (RFP) for As-needed Construction Inspection Services. The RFP was advertised in the San Gabriel Valley Tribune and also posted on the City's website. Staff received proposals from eight (8) qualified firms on August 11, 2022 with the following results:

Inspector Sr. Inspector
Rank Consultants Hourlv Rate Hourlv Rate
1 Z&K Consultants $130.00 $133.00
2 Dudek $135.00 $135.00
3 FCG Consultants $146.32 $150.76
4 Transtech Enciineers, Inc. $135.00 $145.00
5 SA Associates $115.00 $135.00
6 Onward Enciineerinci $125.00 $125.00
7 Wallace & Associates $140.00 $152.00
Consulting, Inc.
8 Syrusa Engineering, Inc. $165.00 $165.00
Irwindale Municipal Code (IMC) 3.44.020 Definition of "Services" exempts professional or other contractual services for which the procedure for procurement is specifically provided by law or approved city procedures or are in their nature unique and not subject to competition. The City has adopted a Purchasing Policy which sets forth the procurement process for Professional Services. City staff have complied with Irwindale Purchasing Policy Section 5 Professional Consultant Selection requirements such that the contract is exempt from the centralized purchasing requirements of IMC Chapter 3.44, per IMC sections 3.44.060 and 3.44.080(D). Based on a review of the proposals submitted, Staff evaluated each proposal received and ranked each firm based on experience, staff qualifications and availability.

Based on the rankings above, Staff recommends awarding contract agreements to Z&K Consultants, Dudek, and FCG Consultants based on each firm's project team's qualifications, experience, availability, and general thoroughness of the proposal.. Each individual contract has a not-to-exceed contract amount of $100,000 (maximum) per year.

Page2
The contract term shall be one (1) year, but the City may exercise options for two (2) oneyear extensions.

Additionally, Staff requests that these rankings remain in place for three (3) years. Should any of the three contract agreements reach the maximum contract amount of $100,000, then Staff may select the next consultant or consultants on the list for City Council consideration and approval.

The City Attorney's office has reviewed and approved the contract agreements with all three firms.

Fiscal Impact:

None. The as-needed construction inspection services contract is a reimbursable contract. Contractors are required to submit a deposit in advance and utility companies are billed after the project is completed. All charges for the construction inspection services contracts will be deducted from the contractors' deposits.

Attachment(s):
• Contract Services Agreement between the City of Irwindale and Z&K Consultants for As-needed Construction Inspection Services
• Contract Services Agreement between the City of Irwindale and Dudek for Asneeded Construction Inspection Services • Contract Services Agreement between the City of Irwindale and FCG Consultants for As-needed Construction Inspection Services
01005.0006/817613.1 Page 3

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND
DUDEK
FOR

AS-NEEDED CONSTRUCTION INSPECTION SERVICES
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 14th day of September, 2022 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and Dudek, 1645 S. Rancho Santa Fe Rd., San Marcos, CA 92078 ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Thousand and 00/100 Dollars ($100,000) ("Contract Sum") per twelve-month period.

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incmTed during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, 01005.00011761286.2 1
Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total amount of Ten Thousand and 00/100 Dollars ($10,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE
3 .1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract 01005.0001/761286.2 -2-
Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

4. COORDINATION OF WORK

4.1 Representative of Consultant. Mr. George Litzinger, PE is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and malce all decisions in connection therewith. All persmmel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Mr. Julian A. Miranda [or such person as may be designated by the City Manager J is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to malce all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services requir~d hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION
5 .1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
01005.0001/761286.2 -3-
(a) Commercial General Liability Insurance (Occurrence Form CGOOOl or eguivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or ifa general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or eguivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
( d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. ( e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5 .2 General Insurance Reguirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the 01005.000 I/761286.2 -4-
insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5 .1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates ofinsurance or binders are approved by the City.

City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perfonn the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
01005.000 l/761286.2 -5-
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any infonnation or work product in violation of this Agreement, then the City shall have the right to reimbursement and indenmity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7 .1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7 .2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to 01005.00011761286.2 -6-
Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to 01005.0001/761286.2 -7-
the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City oflrwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 01005.0001/761286.2 -8-

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Countemarts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Goverrnnent Code Sections 1091or1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Autl10rized Initials ---

8.11 Comorate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.)
01005.0001/761286.2 -9-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:

CITY OF IRWINDALE, a municipal corporation
Julian Miranda, City Manager
CONSULTANT:

Dudek
By: ______________ _
Name:

Title:

By: ____________ _
Name:

Title:

Address: -------------
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01005.0001/761286.2 -10-

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing tbis certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERWR Y under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0001/761286.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0001/761286.2
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following construction inspection services, on an as needed basis, including but not limited to:

A. Attend pre-construction meetings.

B. Review shop drawings and submittals from contractor.

C. Provide field inspections of work in progress to ensure compliance with plans and specifications.

D. Take digital photos of each construction phase throughout the duration of a project.

E. Serve as inspector of record (create redline on as-built drawings) for work inspected.

F. Prepare and distribute written daily inspection reports via e-mail and/or hardcopy.

G. Coordinate inspections with utility companies and contractors as necessary.

H. Coordinate special testing and inspection work as required.

I. Report instances of apparent non-compliance with contract plans, specifications to Public Works staff for resolution.

J. Verify prevailing wages and payroll information.

K. Verify progress payments
L. Verify that work/construction conforms to the City oflrwindale Encroachment Permit - Rules and Regulations, the City of Irwindale Construction/Encroachment Permit Application, Standard Specifications for Public Works Construction, Standard Plans for Public Works Construction, Caltrans Standard Plans and Specifications, and California Manual on Uniform Traffic Control Devices latest edition of each of the above mentioned.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Daily Inspection Logs
B. Photos before, during and after the project
C. Incident reports
D. Punch-list items
III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01005.0001/761286.2 A-1
IV. Consultant will utilize the following personnel to accomplish the Services:

A. George Litzinger, PE, Project Manager
B. Marius Jaskula, PE, CCM, Construction Manager
C. Jason Linsdau, Construction Manager
D. Ryan Ruiz, PE, Construction Manager
E. Bill Gallegos, Construction Manager
F. Chad Costello, Construction Manager
G. Garrett White, QSP, Construction Inspector
H. Brian Arii, Construction Inspector
I. John Griffin, Construction Inspector
J. John Przybyszewski, Construction Inspector
K. Brad Voorhees, Construction Inspector
L. Tom Ramirez, Construction Inspector
M. Al Olea, Construction Inspector
01005.0001/761286.2
01005.0001/761286.2
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NIA
B-1
EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the scope of services at the following rates:

Construction Management Services
Principal/Manager ................................................................. $195.00/lir Senior Construction Manager ............................................... $185.00/hr Senior Project Manager ......................................................... $175.00/~ir Construction Manager ............................................. , , ............ $160.00/hr Project Manager ..................................................................... $150.00/hr Resident Engineer .................................................................. $150.00/hr Construction Engineer ............................................................ $150.00/hr On-site Owner's Representative ............................................ $140.00/hr Prevailing Wage Inspector ..................................................... $139.00/hr Construction Inspector ........................................................... $135.00/lir Administrator/Labor Compliance ........................................... $100.00/hr II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

III. The total compensation for the Services shall not exceed $100,000 per twelve-month period beginning from the Effective Date of this Agreement, as provided in Section 2.1 of this Agreement.

C-1
01005.0001/761286.2
EXIITBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services on an as-needed basis, in accordance with the schedule and deadlines established by the Contract Officer. The frequency of inspections shall be dependent on the nature of the project. Night and weekend inspections will require to remain onsite to monitor the job, ensure traffic control is in place and ensure that the City's and other utility company's infrastructure is not compromised.

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof. The City may, in its sole and absolute discretion, extend the term for two (2) one-year periods.

III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.

D-1
01005.00011761286.2

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND
FCG CONSULTANTS, INC.

FOR

AS-NEEDED CONSTRUCTION INSPECTION SERVICES
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 14th day of September, 2022 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and FCG Consultants, Inc., 22885 Savi Ranch Parkway, Suite G, Yorba Linda, CA 92887 ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Thousand and 00/100 Dollars ($100,000) ("Contract Sum") per twelve-month period.

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by 01005.0001/761286.2 1
City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total amount of Ten Thousand and 00/100 Dollars ($10,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period( s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to nnforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the 01005.0001/761286.2 -2-
Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and ifin the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

4. COORDINATION OF WORK

4.1 Representative of Consultant. Mr. Abdallah Fakhouri, PE is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Mr. Julian A. Miranda [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assigmnent. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perfonn all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this 01005.0001/761286.2 -3-
Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CGOOOl or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indenmify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occunence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
( d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. ( e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective 01005.0001/761286.2 -4-
insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates oflnsurance or binders are approved by the City.

City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the perfonnance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
01005.0001/761286.2 -5-

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release ofinformation.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indenrnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, 01005.0001/761286.2 -6-
State of California. In the event oflitigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating.

Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (3 0) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section 7.2. 01005.0001/761286.2 -7-

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of the Consultant, to the person( s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severabilitv. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01005.00011761286.2 -8-

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8. 8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials ---

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is 01005.0001/761286.2 -9-
bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
01005.0001/761286.2 -10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:

CITY OF IRWINDALE, a municipal corporation
Julian Miranda, City Manager
CONSULTANT:

FCG Consultants Inc.

Name:

Title:

By:~~~~~~~~~~~~~~­
N ame:

Title:

Address: ~~~~~~~~~~~~-
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01005.0001/761286.2 -11-

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

ST A TE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORA TE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0001/761286.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the trnthfulness, accuracy or validity of that document.

ST A TE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.00011761286.2
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following construction inspection services, on an as needed basis, including but not limited to:

A. Attend pre-construction meetings.

B. Review shop drawings and submittals from contractor.

C. Provide field inspections of work in progress to ensure compliance with plans and specifications.

D. Take digital photos of each construction phase throughout the duration of a project.

E. Serve as inspector ofrecord (create redline on as-built drawings) for work inspected.

F. Prepare and distribute written daily inspection reports via e-mail and/or hardcopy.

G. Coordinate inspections with utility companies and contractors as necessary.

H. Coordinate special testing and inspection work as required.

I. Report instances of apparent non-compliance with contract plans, specifications to Public Works staff for resolution.

J. Verify prevailing wages and payroll information.

K. Verify progress payments
L. Verify that work/construction conforms to the City of Irwindale Encroachment Permit - Rules and Regulations, the City of Irwindale Construction/Encroachment Permit Application, Standard Specifications for Public Works Construction, Standard Plans for Public Works Construction, Caltrans Standard Plans and Specifications, and California Manual on Uniform Traffic Control Devices latest edition of each of the above mentioned.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Daily Inspection Logs
B. Photos before, during and after the project
C. Incident reports
D. Punch-list items
III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01005.0001/761286.2 A-1
IV. Consultant will utilize the following personnel to accomplish the Services:

A. Abdallah (A.B.) Fakhouri, PE, QSD, Sr. Project Manager/Resident Engineer/Construction Manager
B. William Viets, PE, Project Manager/Resident Engineer/CM/Structures Rep.

C. Michael St. Jacques, PE, Project Manager/Resident Engineer/CM/Structures Rep.

D. Casey Morales, Construction/Electrical/Permit Inspector E. Mark Korando, Construction/Electrical/Permit Inspector F. Don Lewis, Construction/Electrical Inspector
G. Tyler Haddadin, EIT, Construction Inspector
H. Moji Shahkarami, Construction/Electrical/Permit Inspector I. Gary Foster, Construction/Electrical/Permit Inspector J. Bill Fernandez, Construction/Electrical/Permit Inspector K. Joho Spath, Construction/Permit Inspector
L. Shanton Rangi, Construction Inspector
M. Anthony Moussa, Construction/Electrical/Permit Inspector N. David Alcala, Construction Inspector

0. Sarni Hamamdeh, Construction Inspector
P. Peter Cagney, Construction Inspector
Q. Walid Naouchi, Construction Inspector
R. Joe Ruzicka, Construction/Electrical/Permit Inspector S. Tony Alfakhouri, Construction Inspector
T. Leon Fuentes, Construction/Electrical Inspector
U. Jasmine Fakhouri, Office Engineer
V. Majed Moussa, Office Engineer
W. Samar Alfakhouri, Office Engineer
X. Jon Panos, Administrative Technician
01005.00011761286.2
01005.00011761286.2
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NIA
B-1
EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the scope of services at the following rates:

Nanle/}ob Hourly Billing Rate~ ElCctive date ufhourly rate Actual Title/Classification1 StrA;t71l1 OT(l.Sx\ 0Tl2x\ From T<> hourly rate $ 231.68 $ 347.51 $ 463.35 811112022 1213112022 $ 95.00 $ 233.99 $ 350.99 $ 467.99 11112023 1213112023 s 95.95
Project Manager $ 236.33 $ 354.50 $ 472.67 11112024 1213112024 $ 96.91 $ 238.70 $ 3.!)8,04 $ 477.39 1/112025 1213112025 $ 97.88 $ 231.68 $ 347.51 $ 463.35 81ll/2022 12/31/2022 $ 95.00 Construction Manager I $ 233.99 $ 350.99 $ 467.99 1/1/2023 1213112023 $ 95.95 Resident Engineer $ 236.33 $ 354.50 $ 472.67 1/112024 12131/2024 $ 96.91 $ 238.70 $ 358.04 $ 477.39 1/112025 1213112025 $ 97.88
$ 231.68 $ 347.51 $ 463.35 81111202.2. 12131/2022 $ 95.00 Structures :Represenuitive $ 233.99 $ 350.99 $ 467.99 1/1/2023 12/31/2.023 $ 95.95 $ 236.33 $ 354.50 $ 472.67 1/1/2-024 1213112024 $ 96.91 $ 238.70 $ 358.04 $ 477.39 1/112025 12131/2025 $ 97.88
$ 146.32 $ 219.48 $ 292.64 811112022 12131/2022 $ 60.00 $ 147.79 $ 221.68 $ 295.57 1/112023 12131/2023 $ 60.60
Roadway Inspector s 149.26 $ 223.89 $ 298.53 l/l/2024 12/31/2024 $ 61.21 $ 150.76 $ 226. 13 $ 301.5 I 1/112025 12131/2025 $ 61.82 $ 146.32 $ 219.48 $ 292.64 8/11/2022 12131/2022 $ 60.00 Structures Inspector $ 147.79 $ 221.68 $ 295.57 1/112023 12131/2023 $ 60.60 $ 149.26 $ 223.89 $ 298.53 1/1/2024 12131/2024 $ 61.21
$ 150.76 $ 226.13 $ 301.51 J/1/2025 12131/2025 $ 61.82
$ 146,32 s 219.48 $ 292.64 8111/2022 12131/2022 $ 60,00 Facilities JnspectoT $ 147.79 $ 221.68 $ 295.57 111/2023 1213112023 $ 60.60 $ 149.26 $ 223.89 $ 298.53 1/1/2024 12131/2024 $ 61.21
$ 150.76 $ 226.13 $ 301.51 1/1/2025 12131/2025 $ 61.82
$ 146.32 $ 219.48 $ 292.64 8/11/2022 1213112022 $ 60.00 Permit Inspector $ 147.79 $ 221.68 $ 295.57 J/1/2023 1213112023 $ 60,60 $ 149.26 $ 223.89 $ 298.53 1/1/2024 12131/2024 $ 61.21
$ 150.76 $ 226.13 $ 301.51 1/1/2025 12131/2025 $ 61.82
$ 146.32 $ 219.48 $ 292.64 811112022 12131/2022 $ 60,00 Electrical Inspector $ 147.79 $ 2Zl.68 $ 295.57 1/1/2023 1213112023 $ 60.60 $ 149.26 $ 223.89 $ 298.53 1/1/2024 12131/2024 $ 61.21
$ 150.76 $ 226.13 $ 301.51 J/1/2025 12131/2025 $ 61.82
$ 146,32 $ 219.48 $ 292.64 8/1112022 12131/2022 $ 60.00 SWPPP Inspector $ 147.79 $ 221.68 $ 295.57 1/1/2023 1213112023 $ 60.60 $ 149.26 $ 223.89 $ 298.53 1/112024 1213112024 $ 61.21
$ 150.76 $ 226.13 $ 301.51 111/2025 12131/2025 $ 61.82
$ 146.32 .$ 219.48 $ 292.64 8/11/2022 12131/2022 s 60.00 Mechanical lnspector $ 147.79 s 221.68 $ 295.57 1/1/2023 12131/2023 $ 60.60 $ 149.26 $ 223.89 $ 298.53 111/2024 12131/2024 $ 61.21
$ 150.76 $ 226.13 $ 301.51 1/1/2025 12/31/2025 $ 61.82
$ 97.55 $ 146.32 $ 195.10 8/1 J/2022 12131/2022 $ 40.00 Public Outreach $ 98.52 s 147.79 $ 197.05 1/112023 1213112023 $ 40.40 $ 99.51 $ 149.26 $ 199.02 1/1/2024 1213112024 $ 40.80
$ 100.50 $ lS0.76 $ 201.01 1/1/2025 12131/2025 $ 41.21
$ 97.55 $ 146.32 $ 195.10 8/11/2022 1213112022 $ 40.00
Office Engineer $ 98.52 $ 147.79 $ 197,05 1/1/2023 12131/2023 $ 40.40 $ 99.51 $ 149.26 $ 199.02 1/112024 12131/2024 $ 40.80
$ 100.50 $ 150.76 $ 201.01 1/112025 12131/2025 $ 41.21
$ 182.90 $ 274.35 $ 365.81 Bil 1/202.2 1213112022 $ 75.00 Scheduler $ 184.73 $ 277.IO $ 369.46 1/1/2023 1213112023 $ 75.75 $ l86.S8 .$ 279,87 $ 373.16 1/1/2024 12131/2024 $ 76.Sl $ 188.44 .$ 282.67 $ 376.89 1/112025 12131/2025 $ 77.27 C-1
01005.0001/761286.2
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

III. The total compensation for the Services shall not exceed $100,000 per twelve-month period beginning from the Effective Date of this Agreement, as provided in Section 2.1 of this Agreement.

C-2
01005.00011761286.2
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services on an as-needed basis, in accordance with the schedule and deadlines established by the Contract Officer. The frequency of inspections shall be dependent on the nature of the project. Night and weekend inspections will require to remain onsite to monitor the job, ensure traffic control is in place and ensure that the City's and other utility company's infrastructure is not compromised.

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof. The City may, in its sole and absolute discretion, extend the term for two (2) one-year periods.

III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.

D-1
01005.0001/761286.2

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND
Z&K CONSULTANTS, INC.

FOR

AS-NEEDED CONSTRUCTION INSPECTION SERVICES
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 14th day of September, 2022 by and between the CITY OF IRWJNDALE, a California Charter City and municipal corporation ("City") and Z&K Consultants Inc., 473 E.

Carnegie Drive, Suite 200, San Bernardino, CA 92400 ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Thousand and 00/100 Dollars ($100,000) ("Contract Sum") per twelve-month period.

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by 01005.00061817617.1 1
City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.

Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total amount of Ten Thousand and 00/100 Dollars ($10,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE
3 .1 Time of Essence. Time is of the essence m the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the 01005.0006/817617.1 -2-
Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").

4. COORDINATION OF WORK

4.1 Representative of Consultant. Ms. Crystal Fraire, PE, QSD/P is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall malce every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Mr. Julian A. Miranda [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer").

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the marmer, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this 01005.0006/817617.l -3-
Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liabilitv Insurance (Occurrence Form CGOOOl or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
( d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. ( e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5 .2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective 0 l 005.0006/817617.1 -4-
insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (3 0) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates ofinsurance or binders are approved by the City.

City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.
01005.0006/817617.1 -5-

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release oflnformation.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
( c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
( d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, 01005.0006/817617.1 -6-
State of California. In the event oflitigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.
7 .3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such sho1ier time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the nonterminating party with the opportunity to cure pursuant to Section 7 .2. 01005.0006/817617.l -7-

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City oflrwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 8 .4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 01005.0006/817617.1 -8-

8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8. 8 Intemretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant's Authorized Initials ---

8.11 Comorate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is 01005.0006/817617.1 -9-
bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
01005.0006/817617.1 -10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:

CITY OF IRWINDALE, a municipal corporation
Julian Miranda, City Manager
CONSULTANT:

Z&K Consultants Inc
By:~~~~~~~~~~~~~~­
Name:

Title:

Name:

Title:

Address: ~~~~~~~~~~~~
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01005.0006/817617.l -11-

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0006/817617.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A TT ACHED DOCUMENT

D INDIVIDUAL

D CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

D PARTNER(S) D LIMITED

D GENERAL NUMBER OF PAGES

D ATTORNEY-IN-FACT

D TRUSTEE(S)

D GUARDIAN/CONSERVATOR

D OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01005.0006/817617.1
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following construction inspection services, on an as needed basis, including but not limited to:

A. Attend pre-construction meetings.

B. Review shop drawings and subrnittals from contractor.

C. Provide field inspections of work in progress to ensure compliance with plans and specifications.

D. Take digital photos of each construction phase throughout the duration of a project.

E. Serve as inspector of record (create redline on as-built drawings) for work inspected.

F. Prepare and distribute written daily inspection reports via e-mail and/or hardcopy.

G. Coordinate inspections with utility companies and contractors as necessary.

H. Coordinate special testing and inspection work as required.

I. Report instances of apparent non-compliance with contract plans, specifications to Public Works staff for resolution.

J. Verify prevailing wages and payroll information.

K. Verify progress payments
L. Verify that work/construction conforms to the City of Irwindale Encroachment Permit - Rules and Regulations, the City of Irwindale Construction/Encroachment Permit Application, Standard Specifications for Public Works Construction, Standard Plans for Public Works Construction, Caltrans Standard Plans and Specifications, and California Manual on Uniform Traffic Control Devices latest edition of each of the above mentioned.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Daily Inspection Logs
B. Photos before, during and after the project
C. Incident reports
D. Punch-list items
III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
01005.0006/817617.1 A-1
IV. Consultant will utilize the following personnel to accomplish the Services:

A. Zack Faqih, MSCE, PE, QSD/P, CBO, ICC Cert, Senior Construction Manager B. Thomas Dawson, CBO, ICC Cert., Senior Construction Inspector C. Gregory Hunkle, CBO, ICC Cert., Senior Construction Inspector D. Noah Hernandez, Certified PW Inspector, Senior Construction Inspector E. Anthony Flores, Senior Construction Inspector
F. Noah Hernandez II, Construction Inspector
G. Jamil Bomer, Construction Inspector
H. Ahmad Alhroob, MSCE, Construction Inspector
I. Omar Sharabi, BSCE, Construction Inspector
J. Brittany Duhn, PE, QSD/P, Office Engineer/Labor Compliance Officer K. Farah Al-Dasouqi, Office Engineer/Labor Compliance Officer 01005.0006/817617.l
01005.0006/817617.1
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
NIA
B-1
EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Consultant shall perform the scope of services at the following rates:

A- Hourly Rates*
Project Representative/Senior Construction Manager .......................................................................................... $157 Senior Construction Inspector ................................................................................................................................. $133 Construction Inspector ............................................................................................................................................ $130 Office Engineer/Labor Compliance ......................................................................................................................... $128 II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

III. The total compensation for the Services shall not exceed $100,000 per twelve-month period beginning from the Effective Date of this Agreement, as provided in Section 2.1 of this Agreement.

C-1
01005.0006/817617.1
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services on an as-needed basis, in accordance with the schedule and deadlines established by the Contract Officer. The frequency of inspections shall be dependent on the nature of the project. Night and weekend inspections will require to remain onsite to monitor the job, ensure traffic control is in place and ensure that the City's and other utility company's infrastructure is not compromised.

II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof. The City may, in its sole and absolute discretion, extend the term for two (2) one-year periods.

III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.

D-1
01005.0006/817617.l
IZI City Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 14, 2022
City if

IRWINDALE

AGENDA REPORT
CC Item 1J
To:

From:

Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Award of Contract for 2022 Topographic and Hydrographic Survey Project; P-1048
City Manager's Recommendation:

That the City Council award a professional services contract in the amount of $135,400.00 to Johnson-Frank and Associates for the Topographic and/or Hydrographic survey of eight (8) sand and gravel mines and authorize the City Manager to execute the contract on behalf of the City, subject to approval as to form by the City Attorney.

Administrative Action:

Submitted by:

Arsanious Hanna, Director of Engineering
City Engineer/Building Official
(626) 430-2200
Prepared by:

Francisco Carrillo
Construction Compliance Manager
Phone: (626) 430-2251
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani,
Finance Director I City Treasurer
Approved by:

Julian A. Miranda, City Manager
01005.0006/817609.1
Electronically Approved
by Director of Engineering
City Engineer/Building Official
'l"-'""''"'ronically Approved by
City Attorney