Amendment No. 3 to the Memorandum of Agreement for participation in the San Gabriel Valley Regional Food Recovery Program includes allocating a portion of Organic Waste Recycling, Round 1 (OWR-1) funds the MOA with the SGVCOG to support the development of sub-regional food distribution hubs and the implementation of additional education/outreach to food recovery organizations and edible food generators. The City, as well as the Cities of Azusa, Baldwin Park, Covina, Duarte, Glendora, La Canada Flintridge, Monrovia, Monterey Park, and San Gabriel, are partially allocating their OWR1 funds to their respective MOAs with the SGVCOG to support the development of the hubs. To select eligible hubs, SGVCOG is implementing a grant program for non-profits and service providers that have experience recovering and distributing food in the San Gabriel Valley. The funding will support activities and equipment purchases that would increase the infrastructure and capacity of these local agencies to recover and distribute food to food insecure residents of the San Gabriel Valley. This funding will also help eligible entities accept the anticipated increased amount of food donations as more businesses comply with their food recovery requirements. Grant funds can be used for the purchase of equipment (e.g., freezers, storage, etc.), transport of food, costs associated with the set-up of the program, and to build the capacity of organizations recovering food and addressing food insecurity in the San Gabriel Valley. The selected hubs will provide food recovery and distribution services to the City and the other participating cities.
Additionally, while the total budget of Tasks 7-9 remained at $20, 142, the allocations were revised. Originally, the administration and personnel costs were set at $9,713.47 and have been decreased to $7,999.18. The cost to purchase equipment for subregional food recovery hub(s) was originally allocated at $10,428.53. The amount is now revised to $12, 142.
The City Attorney has reviewed and approved Amendment No. 3 to the Memorandum of Agreement, which revises the scope of work, invoicing schedule, and overall not-toexceed MOA amount to support the development of the selected subregional food recovery hub(s).
Fiscal Impact:
The Third Amendment has no fiscal impact to the General Fund. Sufficient funding is available in Fiscal Year 2023/2024 Adopted Budgeted under AB 939 Recycling Fund (Acct. No. 15-52-532-42300-0000) to cover the $16,221 inspection costs for tasks 5-6.
For the purchase of equipment for subregional food recovery hub(s), the remaining $12,142.82 ($20,142 - $7,999.18) balance of the Ca!Recycle non-competitive grant, awarded back in February 2022, will have to be carryforward to Fiscal Year 2023/2024 budget (Account No. 01-57-570-42338-0000.) Grant funding provided by Ca!Recycle must be expended by August 1, 2024, to avoid reimbursement.
Attachments:
01005.0006/911750.1 Page 3
1. Regional Food Recovery Program Amendment No. 3 to Memorandum of Agreement between the City of Irwindale and the San Gabriel Valley Council of Government.
2. Resolution No. 2023-61-3439
Page4
RESOLUTION NO. 2023-61-3439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDMENT NO. 3 TO THE MEMORANDUM OF AGREEMENT
BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE
CITY OF IRWINDALE FOR PARTICIPATION IN THE SAN GABRIEL VALLEY
REGIONAL FOOD RECOVERY PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE MEMORANDUM OF
AGREEMENT FOR THE REGIONAL FOOD RECOVERY PROGRAM AS REQUIRED BY SENATE BILL 1383 (LARA) AND CALRECYCLE REGULATIONS
WHEREAS, on September 22, 2021, the City Council adopted Resolution No. 2021-78-3290 to enter into a Memorandum of Agreement ("MOA'') with the San Gabriel Valley Council of Governments for participation in Tasks 1-4 of the San Gabriel Valley Regional Food Recovery Program ("Program") and appropriated $20,000 from the AB 939 Reserves; and
WHEREAS, participation in this Program is crucial for the City of Irwindale in order to meet organic waste reduction compliance regulations set forth under Senate Bill No. 1383 ("SB 1383"), the Short-lived Climate Pollutant Reduction Act of 2016; and WHEREAS, under SB 1383, local jurisdictions are required to create and implement an Edible Food Recovery Program. Jurisdictions are also required to inspect and enforce Program requirements on businesses to ensure that they are in compliance with, and abiding by the Mandatory Organic Waste Recycling and Edible Food Recovery Program; and
WHEREAS, local jurisdictions may be required, by CalRecycle, to impose penalties for noncompliance on regulated entities starting January 1, 2024; and WHEREAS, Program Tasks 1-4 were brought forth before city council for approval at the September 22, 2021 meeting through the MOA; and
WHEREAS, Program Tasks 5-6 under Amendment No. 1 to the MOA, which establishes and implements an inspection and enforcement program for Tier 1 and Tier 2 commercial edible food generators and food recovery organizations under the SB 1383 regulations, plus appropriation of $18,000 from the AB 939 Reserves were brought forth before city council for approval at the November 10, 2021 meeting; and WHEREAS, CalRecycle introduced a non-competitive grant program for local jurisdictions to assist with the implementation of these regulations; however, the grant can only be used for capacity planning, collection, Edible Food Recovery, education and outreach related to organic waste and edible food recovery, enforcement and inspection, program evaluation/gap analysis, procurement requirements and record keeping; and WHEREAS, staff applied for the CalRecycle's SB 1383 Local Assistance Grant Program in February 2022 and was awarded $20, 142 for the use of these funds as part of an extension to the existing Regional Food Recovery Program; and 01005.0014/805879.1
WHEREAS, on July 27, 2022, the City Council approved and authorized the city manager to sign Amendment No. 2 to participate in Tasks 7-9 of the Regional Food Recovery Program, with a cost not to exceed $9,713.47 and the balance of $10,428.53 will be used to purchase equipment for the subregional food recovery hubs; and WHEREAS, Amendment No. 3 to the MOA proposes to revise the scope of work, the invoice schedule and the not-to-exceed MOA amount to support the development of the selected subregional food recovery hub(s); and
WHEREAS, the proposed Amendment No. 3 revises the allocation for Tasks 7-9 including $7,999.18 to cover the administration and personnel cost for this program and $12, 142.82 for the purchase of equipment for the selected subregional food recovery hub(s).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby adopts the Recitals above as true and correct and incorporates them herein by reference.
SECTION 2. The City Council hereby approves Amendment No. 3, attached hereto as Exhibit A, which includes the revisions made to the City of lrwindale's participation in Tasks 7-9 of the Regional Food Recovery Program as presented by the San Gabriel Valley Council of Government, and authorizes the City Manager to execute the same.
SECTION 3. The City Council of the City of Irwindale hereby approves and revises the allocation of the full $20, 142 received from CalRecycle's SB 1383 Local Assistance Grant Program to cover the costs of Tasks 7-9 as set forth in Amendment No. 3, which includes $7,999.18 for administration and personnel costs and $12, 142.82 to be used to purchase equipment for the subregional food recovery hub(s).
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 any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 5. The Chief Deputy City Clerk shall certify the adoption of this Resolution which shall, in turn, have immediate effect. 01005.0014/805879.1
PASSED, APPROVED and ADOPTED this 23rd day of August 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
H. Manuel Ortiz, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-61-3439 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 23rd day of August 2023, by the following vote:
A YES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
01005.0014/805879.1
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 5
GJCity Council
DSuccessor Agency
D Housing Authority
my•r I IRWINDALE,___ ____ ___,
D Reclamation Authority
DJoint Powers Authority
Date: August 23, 2023
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Approve a Contract with California Consulting, Inc. for Grant Writing Management Services on a Month to Month, Retainer Basis.
City Manager's Recommendation:
That the City Council adopt Resolution No. 2023-69-3447 entitled, "A RESOLUTION OF
THE CITY OF IRWINDALE, WAIVING THE FORMAL BIDDING REQUIREMENTS, AND
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH CALIFORNIA CONSUL TING, INC.
FOR GRANT WRITING MANAGEMENT SERVICES."
Administrative Action:
Prepared /Submitted by:
Theresa Olivares, Assistant City Manager
(626) 430-2294
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Electronically Approved
Electronically Approved
The City has contracted with California Consulting for one year, and desires to continue this partnership in FY 2023/2024. California Consulting provides comprehensive grant writing, management and evaluation services for many municipalities and school districts throughout the State of California. The process begins with a comprehensive Needs Assessment, where the Consultant's staff meets with City staff to identify high priority funding areas. A team of grant writing professionals will identify and apply for funding 01005.0001/916237.1 Page 1
opportunities that meets the City's identified needs. City Staff works hand in hand with the consultant to provide the necessary data to complete and submit competitive grant applications on behalf of the City.
As community needs increase and viable revenue sources decrease, it has become more important to capture alternative funding sources. Based on discussions with California Consulting and a cursory review of their weekly grant opportunities list, there are numerous grant opportunities for the City of Irwindale, depending on eligibility. During this past year, the City applied for several grants in FY 2023/2024 and was successful in securing $254,067 (Attachment "A") in funding. During this upcoming fiscal year, staff will be seeking grant opportunities for the Swimming Pool Improvement Project, Recreation Improvement Project, Civic Center (Exterior Improvement Project), the Public Library Improvement Project, and grant opportunities related to public safety.
The City of Irwindale will benefit from utilizing California Consulting in the following ways:
1. Prioritization of projects in need of grant funding;
2. Expertise in applying for various grant opportunities (Federal, State, County and private foundation); and
3. Assistance in the long-term development of an effective grant-writing program.
California Consulting will provide monthly reports to the City, which will include grants in progress, grants submitted, grants pending, and grants awarded. In addition, they will provide the City with a monthly email list of current and upcoming grant opportunities specific to our needs.
Section 3.44.0SO(D) of the Irwindale Municipal Code provides for the waiving of the informal bid procedure "when there is to be a contract for professional service such as, but not limited to, the services of attorneys, architects or engineers, or where the service contracted for deals with public relations or promotions, elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining" Because successful grant writing requires a specific level of expertise and familiarity with grant writing processes and procedures, the contract with the consultant would be a unique service provided to the City, such that the City Council may waive formal bidding requirements. Staff is requesting the City Council consider this contract to allow the City to apply for various grant opportunities. California Consulting has agreed to maintain the current contract pricing at $4,500 per month.
Fiscal Impact:
The FY 2023/2024 budget includes funding for the proposed contract services at $4,500 per month for a total contract amount of $54,000. No additional funding is being requested. The Agreement has a 30-day cancellation notice requirement.
Page2
Attachments:
1. Attachment "A": FY 2022-2023 Grant Applications
2. Resolution No. 2023-69-3447
01005.0001/916237.1 Page 3
Attachment "A"
FY 2022-2023 Grant Applications
AGENCY GRANT DEPARTMENT AMOUNT STATUS
Justice &
Security
Strategies
(JSS) and the 2023 Small, Rural, and Bureau of
Justice Tribal Body-Worn Police $20,907 APPROVED
Assistance Body Camera
(BJA) of the U.S
Department of
Justice
California Office Selective Traffic
of Traffic Safety Enforcement Program Police $83,160 APPROVED (STEP)
California Office Pedestrian and Bicycle Engineering $165,877 DENIED of Traffic Safety Safety Bureau of Rural Violent Crime
Justice Reduction Initiative for Police $300,000 PENDING Assistance Law Enforcement (BJA) Aaencies
California Land and Water Public Services Department of Conservation Fund (Jardin de $3,000,000 PENDING Parks and Recreation (LCWF) Roca)
California Land and Water Public Services
Department of Conservation Fund (Aquatics $2,400,000 PENDING Parks and Center Recreation (LCWF) Renovations)
Clean California Local Community CalTrans Grant Program Cycle $127,000 PENDING 2 Development
California Office Hazard Mitigation Community of Emergency Grant Program $150,000 APPROVED Services (OES) (HMGP) Development
Firehouse Subs Firehouse Subs Public Police $24,819.48 DENIED Safety Foundation Page4
Exhibit "A"
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND
CALIFORNIA CONSULTING, INC.
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 23rd day of August, 2023 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and CALIFORNIA CONSUL TING, INC., a California corporation ("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:
a) 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, Pennits, 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 Reguirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set f01ih 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.
b) 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 Fifty-Seven Thousand Six Hundred Dollars and No Cent ($57,600.00) ("Contract Sum").
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 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 01005.0001/916269.l 1
detail charges for all necessary and actual expenses by the following categories: labor (by subcategory), 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 thirty (30) 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 contract amount of Five Thousand Dollars ($5,000) 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. c) 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 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 01005.0001/916269. l -2-
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 Tenn. 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 (I) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").
d) COORDINATION OF WORK
4.1 Representative of Consultant. Steve N. Samuelian, CEO 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. Theresa Olivares, 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 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 marmer 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.
e) INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a fonn 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:
01005.00011916269.1 -3-
(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 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 ce1iificates 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 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 01005.0001/916269.1 -4-
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 of Insurance 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 Indenmification. To the full extent permitted by law, Consultant agrees to indenmify, defend and hold harmless the City, its officers, employees and agents ("Indenmified 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 prope1iy, 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 indenmitors' 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 indenmity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. f) 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.
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.
01005.0001/916269. l -5-
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 snpport, 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, inclnding 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 perfonned 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.
g) 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 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. 01005.0001/916269.1 -6-
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 declarat01y 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 Govermnent 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 tennination 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 non-terminating party with the opportunity to cure pursuant to Section 7 .2.
7.5 Tennination 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 01005.0001/916269.1 -7-
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.
h) 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-liabilitv 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 ofthis 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 91706t 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, alTangements, 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 eit11er 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 non-defaulting 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 urmecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in 01005.0001/916269.1 -8-
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 paiiy, (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.]
01005.00011916269.1 -9-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
ATTEST:
Laura M. Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CITY:
CITY OF IR WIND ALE, a municipal corporation
Julian A. Miranda, City Manager
CONSULTANT:
CALIFORNIA CONSULTING, INC.
By: _____________ _
Name: Steven N. Samuelian
Title: CEO
By: _____________ _
Name:
Title:
Address: 214 Main Street, Suite 102
El Segundo, CA 90245
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. 01005.00011916269.1 -10-
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 , 2023 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.
WlTNESS 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 01005.00011916269.1
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 , 2023 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 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 01005.0001/916269.l
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Needs Assessment (Meetings with Department Heads to review priorities and funding needs): Consultant to conduct an in-depth Needs Assessment for the City.
Consultant will assign City with a lead Project Manager. The Project Manager will communicate regularly with the City and on an ongoing basis. This relationship building between the City and the Consultant is key to keeping the grants pursued on target with the City's overall goals. Sample questions asked during the Needs Assessment:
1. List and describe any program initiatives or priority projects.
2. What needs, projects, or content areas would you like to target for funding? You can list specific projects or general areas in which you have funding needs.
3. List any grants for which you are considering applying or have decided to apply.
In addition, please list what kind of grant-writing support would be helpful for each grant.
4. List past grants that your agency has received.
5. List past grant applications you would like to revise and submit again.
B. Facilitation of Department Decision Making Processes: Consultant's Project Managers are experts on grant identification. With years of experience, City's assigned Project Manager shall assist City staff in deciding which grants make the most sense to meet the funding needs identified.
C. Grant Research and Identification: Consultant's Project Manager's conduct thorough research on an ongoing basis. Consultant will track current and upcoming grants, advising City on available grants and recommend grants based on City's needs. By regularly tracking grant announcements, Consultant is able to present grant opportunities to the City as soon as they are released. Consultant will provide City with a monthly Grant Activity Report detailing the grants available, grants in progress and grants submitted. Consultant will provide City with available grant opportunities on an ongoing basis.
D. Client Commitment: As Consultant identifies grants that meet the City's needs and funding priorities, the Consultant's Project Manager will advise the City of the estimated time commitment required from City staff.
E. Grant Preparation Process: When City staff and Consultant agree to pursue a grant, a checklist and schedule will be developed. The checklist and schedule will include City responsibilities and submission deadlines. Consultant requires City staff to be involved in the grant preparation process and to provide the requested and required information. The Consultant's Project Manager will provide the City with grant portions along the way to review for content accuracy. City engagement in this process results in a higher quality application. Consultant retains copies of all grants submitted. Successful grant applications are used by the Consultant as a guide for future grants. Below is a list of general tasks for the Consultant's grant process:
01005.0001/916269.1 B-1
1. Create a task timeline with due dates
2. Ensure the proposed project meets the City's requirements
3. Review similar successful grant applications and apply where possible
4. Collect information on the project
5. Meet with City staff to create an accurate scope of work, budget, timeline, narratives, and cost analysis
6. Obtain letters of support when necessary
7. Draft proposals and send to City for review
8. Incorporate City edits in final drafts
9. Submit completed application timely
10. Monitor funding agency until grant awards are announced.
F. Quality Assurance: Consultant's Grant Managers will meet individually with its Project Manager to review the City's needs. These meetings will thoroughly discuss the City's needs, what grants are being worked on and what additional grants may be a good fit.
Consultant ensures the best quality product before the grant application is submitted.
G. Facilitation of Partnership Meetings: Consultant's Project Managers will aiTange and schedule meetings with key City personnel to review all grants prior to submission to ensure application accuracy.
H. Timely Submission: Consultant will create a precise timeline to ensure the grant is submitted on time. This timeline captures the submission deadline, and other deadlines in order to obtain the information needed for a quality submission.
I. Funding Agency Monitoring: Consultant will monitor the Funding Agency until grant awards are announced.
J. Grant Administration: Some grants require post award compliance, reporting and administration. Consultant will prepare required reports and submit them by the required due date. The Contract Sum includes grant administration services by the Consultant. If the grant award includes post award compliance funding, the City may 1) perform the grant administration using the post award compliance funding; or 2) solicit bids or proposals from vendors to perform the grant administration using the post award compliance funding.
K. Monthly Progress Reporting: Consultant will prepare a monthly report reflecting grants in progress, grants submitted and grants awarded. This will provide the City with a clear report of the Consultant's work.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Copies of all post-grant award filing of documents required by the awarding entity.
01005.0001/916269.1
III. All work product is subject to review aud acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
A. Steven N. Samuelian, CEO
01005.0001/916269 .1
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 8.12 is added to this agreement by adding the following language:
"8.12 No Guaranteed Result: City acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results.
Consultant, however, shall act in good faith toward the performance of its duties described above."
01005.0001/916269.1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Based on the Tasks A through K as described in Section I of Exhibit "A", Consultant shall perform the Services for a fixed rate of Four Thousand Five Hundred dollars ($4,500.00) per month, irrespective of the number of hours that Consultant actually spends providing said services.
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 City agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the City in an amount not-to-exceed Three Hundred Dollars ($300) per month. Such expenses typically might include but are not limited to, mileage, conference calls, copies, binding costs, postage, parking, travel, and lodging expenses. Consultant shall provide City with a receipt and a description of the expense with the invoice.
IV. The total maximum compensation for Services during the twelve (12) month term shall not exceed Fifty-Seven Thousand Six Hundred Dollars and No Cent ($57,600.00), as provided in Section 2.1 of this Agreement, which includes the monthly fixed rate for the Services as specified in Section I above and maximum amount of monthly expenses as specified in Section III above.
C-1
01005.0001/916269.1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effective until August 31, 2024.
II. The Services, as specified in Section I of Exhibit A, shall be performed in accordance with the following schedule.
Task Deadline
Task 1: Grant Research All times during the term of this Agreement Task 2: Advisory Services As requested by the contract Officer Task 3: Administration As required by awarding entity and any established deadlines; and in a manner to
ensure City has sufficient time to provide
any documentation timely to the awarding
entity when applicable
III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.
D-1
Ol005.0001/916269.l
RESOLUTION 2023-69-3447
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
WAIVING THE FORMAL BIDDING REQUIREMENTS AND APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT WITH CALIFORNIA CONSUL TING, INC. FOR GRANT
WRITING MANAGEMENT SERVICES
WHEREAS, successful grant writing requires a specific level of expertise and familiarity with various grant writing processes and procedures; and WHEREAS, it has become more important to capture alternative funding sources as community needs increase and viable revenue sources decrease; and WHEREAS, California Consulting, Inc., provides comprehensive grant writing, management and evaluation services for many municipalities and school districts throughout the State of California, and
WHEREAS, the monthly retainer cost is $4,500 and the City Council approved FY 2023/2024 adopted budget includes $54,000 for these services; and WHEREAS, Section 3.44.080(0) of the Irwindale Municipal Code provides for the waiving of the informal bid procedure "when there is to be a contract for professional service such as, but not limited to, the services of attorneys, architects or engineers, or where the service contracted for deals with public relations or promotions, elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds the above recitals true and correct and incorporates them herein by this reference.
SECTION 2. The City Council, pursuant to Paragraph D, of Section 3.44.080 of the Irwindale Municipal Code finds that successful grant writing requires a specific level of expertise and familiarity with grant writing processes and procedures such that the Agreement for Professional Services with the California Consulting, Inc. would be a unique service provided to the City, and the formal bidding requirements are hereby waived.
SECTION 3. The Agreement for Professional Services for grant writing management services with California Consulting, Inc. attached hereto as Exhibit "A" is hereby approved and the City Manager is authorized to execute the same.
SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall, in turn, have immediate effect.
01005.0001/916239.1 Resolution No. 2023-69-3447
PASSED, APPROVED AND ADOPTED this 23rd of August 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
H. Manuel Ortiz, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-69-3447 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 23rd day of August 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Resolution No. 2023-69-3447
Laura M. Nieto, MMC
Chief Deputy City Clerk
18JCity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: August 23, 2023
City o;'
IRWINDALE
AGENDA REPORT
cc Item 6
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve a Contract Agreement with Joe A. Gonsalves & Son for Lobbying Services
City Manager's Recommendation:
That the City Council of the City of Irwindale adopt Resolution No. 2023-70-3448 entitled "A RESOLUTION OF THE CITY OF IRWINDALE, WAIVING THE FORMAL BIDDING
REQUIREMENTS AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH JOE A. GONSALVES & SON FOR LOBBYING SERVICES."
Administrative Action:
Prepared and Submitted by:
Theresa Olivares, Assistant City Manager
(626) 430-2294
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Electronically Approved
Electronically Approved
Electronically Approvea
Since July 2020, Joe A. Gonsalves & Son ("Consultant") has provided lobbying services to the City of Irwindale at a reduced fee of $28,500 while maintaining a high level of service to the City. Consultant engages in advocacy on behalf of the City on state matters, including, but not limited to:
01005.0001/916114.1 Page 1
• Advocates City-sponsored legislative proposals in consultation with the City's Governmental Relations Administrator and other staff;
• Acts as a liaison between the City and the State Administration, Legislature, and State Agencies and Departments;
• Provides expertise in regulatory and legislative strategy and techniques to facilitate legislation and regulations favorable to the City's interests; • Monitors legislative and regulatory process regarding specific issues within the City's identified priorities;
• Develops and evaluates strategies for the support, opposition, or amending of pending legislation and regulations;
• Identifies effective advocacy strategies, including where leverage should be applied;
• Provides an understanding of the political climate in the state; • Assists staff in understanding how legislation and regulations are formulated; • Analyzes and assists staff in drafting persuasive language in support of advocacy efforts.
The existing Agreement between the City and Consultant is set to expire on August 31, 2023. The proposed Agreement would largely mirror the existing Agreement. The proposed Agreement would expire on August 31, 2024; however, the City Manager would have the ability to extend the Agreement for up to four (4) one-year terms.
Section 3.44.080(D) of the Irwindale Municipal Code provides for the waiving of the informal bid procedure "when there is to be a contract for professional service such as, but not limited to, the services of attorneys, architects or engineers, or where the service contracted for deals with public relations or promotions, elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining" Because successful lobbying requires a specific level of expertise and familiarity with advocacy strategies and regulatory processes, the contract with the consultant would be a unique service provided to the City, such that the City Council may waive formal bidding requirements. Staff is requesting the City Council consider this contract to allow the City to continue lobbying for the interests and concerns of the City and the Irwindale community.
Fiscal Impact:
Joe A. Gonsalves & Son has agreed to maintain the current contract pricing at $28,500 a year. The attached agreement will be funded by the General Fund (40%) and the Mining Impact Fund (60%).
The FY 2023/2024 budget includes funding for the proposed services, including the General Fund's allocation of $11,400 and the Mining Impact Fund totaling $17, 100.
Page2
Attachments:
A. Resolution No. 2023-70-3448
B. Agreement for Professional Services Between the City of Irwindale and Joe A.
Gonsalves & Son
01005.0001/916114.1 Page 3
RESOLUTION NO. 2023-70-3448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
WAIVING THE FORMAL BIDDING REQUIREMENTS AND APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT WITH JOE A. GONSALVES & SON FOR LOBBYING
SERVICES
WHEREAS, successful lobbying to State of California agencies and lawmaking bodies requires a specific level of expertise and familiarity with various specific advocacy strategies and regulatory processes; and
WHEREAS, it has become more important to lobby the interests of the City of lrwindale's ("City") citizens and community to the State of California throughout the State's process of creating laws and regulations; and
WHEREAS, the City has contracted with Joe A. Gonsalves & Son ("Consultant") since July 2020 to assist with lobbying services to advocate the City's interests to the California State Administration, Legislature, Agencies and Departments; and WHEREAS, the current service agreement between the City and Consultant is set to expire on August 31, 2023, and the City desires to continue retaining Consultant's high-level services in order to advocate for the interests of the City and its community; and WHEREAS, the annual compensation for contract services is $28,500 and the Fiscal Year 2023/2024 budget includes funding for the proposed services, including the General Fund's allocation of $11,400 and the Mining Impact Fund totaling $17, 100; and WHEREAS, Section 3.44.080(0) of the Irwindale Municipal Code provides for the waiving of the informal bid procedure "when there is to be a contract for professional service such as, but not limited to, the services of attorneys, architects or engineers, or where the service contracted for deals with public relations or promotions, elections, negotiations, or acquisition of land, trash, garbage or refuse disposal or the like, insurance, bonds and any other services or similar nature unique and not subject to competition or other services for which by law another officer or body is specifically charged with obtaining."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds the above recitals true and correct and incorporates them herein by this reference.
SECTION 2. The City Council, pursuant to Paragraph D, of Section 3.44.080 of the Irwindale Municipal Code finds that successful lobbying requires a specific level of expertise and familiarity with advocacy strategies and regulatory processes such that the Agreement for Professional Services with Joe A. Gonsalves & Son would be a unique service provided to the City, and the formal bidding requirements are hereby waived. 01005.0001/916318. 1 Resolution No. 2023-70-3448
SECTION 3. The Agreement for Professional Services for lobbying services with Joe A.
Gonsalves & Son, attached hereto as Exhibit "A" is hereby approved and the City Manager is authorized to execute the same.
SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution, which shall, in turn, have immediate effect.
PASSED, APPROVED AND ADOPTED this 23rd of August 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
H. Manuel Ortiz, Mayor
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-70-3448 was adopted by the City Council of the City of Irwindale, at a regular meeting held on the 23rd day of August 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Resolution No. 2023-70-3448
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0001/916318.1
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF IRWINDALE
and
JOE A. GONSALVES & SON
Resolution No. 2023-70-3448
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF IRWINDALE AND
JOE A. GONSALVES & SON
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 26th day of August, 2023 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation ("City") and JOE A. GONSALVES & SON, a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. Whereas, the City recognizes that certain State of Califon1ia laws and regulations impact the Irwindale collllnunity on a local level; and B. Whereas, the City desires to lobby the interests of its citizens and community to the State of California throughout the State's process of creating laws and regulations; and C. Whereas, the City has contracted with Joe A. Gonsalves & Son since July 2020 to assist with lobbying services to advocate the City's interests to the California State Administration, Legislature, Agencies and Departments; and
D. Whereas, the current Agreetnent bet\veen the City and Contractor is set to expire on August31, 2023; and
E. Whereas, the City desires to tnaintain services with Contractor in order to continue advocating for local issues relevant and important to the City of Irwindale and its citizens.
OPERATIVE PROVISIONS
NOW, TIIEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby aclmowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all tenns and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit 00A" and incorporated herein by this reference, which may be referred to herein as the •'services" or "work" hereunder.
As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perfonn the services required under this Agree1nent in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perfo1m all services described herein. Consultant covenants that it shall follow the highest professional standards in perfonning the work and services required hereunder and that all materials will be both of good quality as well as fit forthe purpose intended. For purposes of this Agreement, the phrase "highest Resolution No. 2023-70-3448
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professional standards" shall mean those standards of practice recognized by one or nlore firstclass firms performing similar work under similar circumstances.
1.2 Consultant's Proposal.
1he Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agree1nent shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local govenunental entity having jurisdiction in effect at the time service is rendered.
1.4 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 this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments ru1d taxes, plus applicable penalties and interest, which n1ay be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work
By executing this Agreement, Consultant WatTants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties ai1d restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the perf01mance of the services hereunder, Consultant shall inlmediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer.
1.6 Care of Work
The Consultant shall adopt reasonable methods during the life of the Agreementto furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or drunages as 1nay be caused by City's own negligence.
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perforn1 their respective obligations under this Agreen1ent. Both parties agree to act in good faith to execute all instnunents, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 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 \Vork may be undertaken unless a written order is frrst given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum forthe actual costs of the extra work, and/or (ii) the time to perfonn this Agreement, which said adjustments are subject to the written approval of the Consultant. Auy increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services 1nay be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
City 111ay in its sole and absolute discretion have similar work done by other consultants. No clain1s for an increase in the Contract Sum or tin1e for perfonnance shall be valid tmless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the °'Special Requiretnents" 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.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reitnbursement for actual expenses, shall not exceed Twenty-Eight Thousand Five Hundred Dollars ($28.500.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for titne and materials based upon the Consultant's rates as 01005 .OOOil916088.1
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specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and ( c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Exvenses.
Compensation may include rein1bursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, aud only if specified in the Schedule of Compensation. The Contract Snm shall include the attendance of Consultaut at all project meetings reasonably deemed necessary by the City.
Coordination of the petfonnance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultaut shall furnish to City an original invoice for all work perfo1med and expenses incurred during the preceding 1nonth in a fonn approved by 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-catego1y), travel, materials, equipment, supplies, aud sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any dup1icate services peiformed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether tl1e work petformed and expenses incurred are in cotnpliance with the provisions of this Agreement. Except as to any charges for work petformed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five ( 45) days ofreceipt 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 Consultaut for co1Tectio11 and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultaut.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
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3.2 Schedule of Performance.
Consultant shall co1nmence 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 tnay be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Perfonnance for performance of the services rendered pursuant to this Agree1nent 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 ene1ny, 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 Consltltant 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 Atticle 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year fro1n the date hereof, except as otherwise provided in the Schedule of Pe:rfonnance ("'Exhibit D"). The Contract Officer may, at his sole discretion, extend the Term for four ( 4) additional oneyear te:nns.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection there\vith:
(Name)
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(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agree1nent, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perfonn services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractor, if any, assigned to perform the services required under this Agree1nent shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such pe:tfonnance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any 1nanner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly confe1red in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any 1nanner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Julian A. Miranda, City Manager, or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the te1ms of this Agreement.
4.4 hldependent Consultant.
Neither the City nor any of its employees shall have any control over the manner, 1node or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set fo11h herein. City shall have no voice in the selection, discharge, supervision or control of Consultant's etnployees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an 01005.0001/916088.l
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independent contractor of City and shall remain at all times as to City a wholly independent contractor 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. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assigmnent.
TI1e experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shalt procure and maintain, at its sole cost and expense, in a fortn and content satisfacto1y 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:
(a) Comn1ercial 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 ainount not less than $2,000,000.00 per occurrence or if a general aggregate litnit is used, then the general aggregate litnit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation ffism·ance 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 m this Agreement.
(c) Automotive Insurance (Form CA 0001 CEd 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 dmnage 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 01005.0001/916088.1
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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 1nade" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agree1nent n1ust be endorsed to be applicable to clallns based upon, arising out of or related to services performed under this Agree1nent. The insurance n1ust be 1naintained 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 sub1nit written evidence of this continuous coverage. ( e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsetnents for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit °'B".
5.2 General Insurance Reguire1nents.
All of the above policies of insurance shall be primary insurance and shall natne the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, etnployees or agents 1nay 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, etnployees and agents and their respective insurers. Moreover, the insurance policy 1nust specify that \¥here 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 ninety (90) 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, sub1nit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall co1nmence 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 of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorse1nents to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or wairanties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following °'cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL - 8 - Dl 005 .DOOI/916088.1
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NINETY (90)-DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant petfonns; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, en1ployees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing pay1nent of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otheiwise responsible nor shall it limit the Consultant's inde1nnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the satne policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 hldemnification.
To the full extent pennitted by law, Consultant agrees to indemnify, defend and hold hatmless the City, its officers, employees and agents ("hldemnified Parties") against, and will hold and save them and each ofthetn harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claitns, 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, frr1n or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, etnployees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indetm:lltors"), or arising from Consultant's or indemnitors' reckless or willful 1nisconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any tem1, provision,. covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent petfo1111ance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees hannless therefro1n;
(c) In the event the City, its officers, agents or employees is tnade a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or etnployees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and atton1eys' fees.
Consultant shall incorporate similar inde1nnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claitns or liabilities arising fro1n any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the petformance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indenmity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. TI1e indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreen1ent.
5.4 Sufficiency of Insurer.
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 Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be petformed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimutn litnits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractor 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 '<tJooks and records"), as shall be necessary to perform the services required by this Agreetnent and enable the Contract Officer to evaluate the performance of such services. Any and all such docun1ents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times 01005.00011916088 .1
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during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concen1ing the perfonnance of the services required by this Agreetnent as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "docu1nents and 1naterials") prepared by Consultant, its employees, subcontractors and agents in t11e performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the tennination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and nlaterials hereunder. Any use, reuse or assigmnent of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not e:xiend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefro1n. 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 docmnents and materials are hereby deemed "works made for hire" for tl1e City.
6.4 Confidentiality and Release of Infonnation.
(a) All iuformation gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such infonnation is in the public domain or ah-eady known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
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(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Atton1ey, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concen1ing the work performed under this Agreement Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. ( c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. ( d) Consultant shall promptly notify City should Consultant, its officers, e1nployees, agents or subcontractors 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 fron1 any party regarding this Agree1nent and the work performed there under. 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 City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 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 ofthe State ofCalifomia. Legal actions conce1ning any dispute, claitn 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, or any other appropriate court in such county, and Consultant covenants and agrees to subtnit to the personal jurisdiction of such court in the event of such action. 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 tenns 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, though not reduced, 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. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
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7.3 Retention ofFnnds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any arnonnts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or dan1ages suffered by City, and (ii) all amounts for which City may be liable to third pfilties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreetnent. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an an1ount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insw·e, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agree1nent shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting pfilty on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either pfilty of any default must be in writing and shall not be a waiver of filly other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cun1ulative.
Except with respect to rights and retnedies expressly declared to be exclusive in this Agreen1ent, the rights and remedies of the parties are cmnulative 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 san1e default or any other default by the other pfilty.
7.6 Legal Action.
In addition to any other rights or remedies, either party 1nay take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific perfonnance of this Agreement, to obtain declarato1y 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 Govermnent Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Tennination Prior to Expiration of Tenn.
Tius Section shall govern filly te1mination 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 01005 .0001/916088.l
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reserves the right to tenninate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, exceptthat 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 in1mediately 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 1nay be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated tennination, the Consultant shall be entitled to compensation only forthe reasonable value of the work product actually produced hereunder. In the event oftennination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agree1nent, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the srune 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), aud City may withhold auy payments to the Consultant for the purpose of set-off or partial payment of the an1ounts owed the City as previously stated.
7.9 Atton1eys' 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 1nay be grru1ted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, talcing depositions and discovery ru1d all other necessruy costs the court allows which are incun·ed in such litigation. All such fees shall be deemed to have accrued on co1nmencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION
8.1 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 runount which may become due to the Consultant or to its successor, or for breach of any obligation of the tetms of this Agreement.
8.2 Conflict of hlterest.
Consultant covenants that neither it, nor any officer or principal of its f'mn, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests 01005.0001/916088.1
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of City or vvhich would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all thnes avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the perfotmance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or einployee participate in any decision relating to the Agreement which affects her/his financial interest or the financial h1terest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 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 insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, n1arital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply \¥itl1 all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall rein1burse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including atto1neys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or co1nmunication either party desires or is required to give to the other party or any other person shall be in writing and eitl1er 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 Avenue, Irwindale, CA 91706 and iu the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party tnay change its address by notifying the other party of the change of address in writing. Notice shall be deemed comtnunicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
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9.2 Intemretation.
The terms of this Agreement shall be construed in accordance with the meaning of the langnage 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 1night otherwise apply.
9.3 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 srune instru1nent. 9 .4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, cotnplete and exclusive expression of the understanding of the parties. 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. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severabilitv.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreen1ent 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 phrases, sentences, clauses, paragraphs, or sections 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 thjs Agreement 1neaningless.
9.6 Warranty & Representation ofNon~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 Agree1nent which may affect his/her financial interest or the fmru1cial interest of ru1y corporation, partnership, or association in 1vhich (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 1nunicipal statute or regulation. The detennination of "fmancial interest" shall be consistent with State law and shall not include interests fotmd to be "re1note" or ''noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant wa1Tants and represents that it has not paid or given, and 1vill not pay or give, to ru1y 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 tnoney, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or e1nployee, as a result of consequence of obtaining or being awarded any agree1nent. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such 01005.0001/916088.1
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payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant's Authorized Initials __ _
9. 7 Coro orate Authority.
The persons executing this Agreement on behalfofthe parties hereto warrantthat (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) that 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 FOLLOWING PAGE]
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 Gue1ra
City Attorney
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CITY:
CITY OF IR WIND ALE
Julian A Miranda
City Manager
CONSULTANT:
JOE A GONSALVES & SON, a California
corporation
By.:_------------
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Nrune:
Title:
Address:
By: ___________ _
Nrune:
Title:
Address: 925 L Street, Suite 250
Sacramento, CA 95814
Two corporate office1· signatures required when ConJiultant is a corporation, with one ngnatm·c 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 Treasw·er. 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.
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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 , 2023 before me, , personally appeared , proved to me on the basis of satisfactozy evidence to be the person(s) whose names(s) is/are subscribed to the within instnunent 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 instnnnent.
I certify under PENAL TY 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
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) ORENTITY(IES))
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DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUlVIBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
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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 , 2023 before me, , personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose narnes(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 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
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
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DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Resolution No. 2023-70-3448
EXIDBIT "A"
SCOPE OF SERVICES
I. Consultant will perfonn the following Services:
State lobbying services relating to legislative and regulatory issues that pertain to all facets of business and operations of the City of Irwindale (City) departments. Activities include the following:
A
B.
C.
D.
E.
F.
G.
H.
L
II.
Engage in advocacy on behalf of the City on state matters and on City-sponsored legislative proposals in consultation with the City's Govennnental Relations Administrator and other staff, as deetned appropriate.
Advocate on behalf of the City and n1aintain liaison between the Administration,.
Legislature, and State Agencies and Deprutments as dete1mined by the City.
Provide expertise in regulatory and legislative strategy and techniques to facilitate legislation and regulations through the process.
Respond to issues and assist the City in providing appropriate conm1unication to key legislators and regulators.
Identify effective advocacy strategies including where leverage should be applied, identify pitfalls and provide an understanding of the political climate in the state.
Assist staff in understanding ho'Vlr legislation and regulations are fonnulated. Analyze and assist staff in drafting persuasive language in suppo1t of advocacy efforts.
Monitor the legislative and regulatory process regarding specific issues within the City's identified priorities, as well as, identifying other issues that may affect City departments.
Develop and evaluate strategies for the support, opposition, or amending of pending legislation and regulations.
Provide assistance in securing state support for local and regional legislation and projects and develop strategies to gain concurrence by the Governor and his adtninistration.
Consultant will utilize the following personnel to accomplish the Services:
A. Jason A Gonsalves, (916) 441-0597, [email protected] - 3 - 01005 .0001/916088.1
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[LEFT INTENTIONALLY BLANK]
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
Based on the Tasks A through I as described in Exhibit "A", Consultant shall perform the Services for a fixed rate of Two Thousand Three Hundred Seventy-Five Dollars ($2,375.00) per month, itrespective of the number of honrs that Consultant actually spends providing said services.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
III. The total compensation for the Services shall not exceed Twenty-Eight Thousand Five Hundred Dollars ($28,500.00), as provided in Section 2.1 of this Agreement. 01005 .0001/916088.1
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance lvith Article 7 of this Agree1nent~ this Agreement shall continue in full force and be effective until August 31, 2024.
II. Pursuant to Section 3.4, the Contract omcer may, at his sole discretion, extend the Term of this Agreement for four (4) additional one-year terms.
III. The Contract Officer may approve extensions for performance of the Sel-vices in accordance with Sectio11 3.2.
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Resolution No. 2023-70-3448
Resolution No. 2023-70-3448
0City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
Date: August 23, 2023
CitytJf
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 7
Issue: Approval of Resolutions Relating to Job Classifications and Compensation for City Employees
City Manager's Recommendation:
(1) Adopt Resolution No. 2023-65-3443 entitled" A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE APPROVING A NEW JOB CLASSIFICATION FOR AN
INCLUSION SPECIALIST AND ASSOCIATED JOB SPECIFICATION AND ELIMINATING THE POLICE CORPORAL CLASSIFICATION"; and
(2) Adopt Resolution No. 2023-66-3444 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2023-45-3423, AND ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES, AND COMPENSATION FOR CITY EMPLOYEES."
Administrative Action:
Submitted by:
Julian A. Miranda, City Manager
Prepared by:
Mary Hull, Human Resources I Risk Manager
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
Article VIII, Section 803 of the City Charter authorizes the City Council to establish, by Resolution, a classification plan, salaries, and other forms of compensation for all City employees. Section
2.12.010 of the Irwindale Municipal Code requires that the offices and positions in City employment be fixed and established by Resolution of the City Council.
Classification Resolution No. 2023-65-3443
New Job Classification - Inclusion Specialist
In recent years, there has been a growing recognition of the importance of providing accessible and inclusive services to individuals with disabilities. Currently, the City of Irwindale lacks a dedicated staff member focused solely on coordinating and improving the accessibility and inclusivity of its programs, activities, and events for this community. To meet the ongoing needs of the community, staff is proposing a new full-time Inclusion Specialist position within the Public Services Department.
Under general supervision, the Inclusion Specialist position will plan, implement, and evaluate inclusive city programs, activities, and events that cater to the diverse needs and interests of individuals with disabilities. They will also collaborate with local disability organizations, advocacy groups, and individuals to gather insights and feedback on program design and improvements.
Additionally, they will coordinate training for City staff, volunteers, and partners to create a more inclusive environment and enhance their understanding of disability-related issues. Finally, they will provide personalized support to individuals with disabilities to ensure they can fully participate in City programs and services.
By establishing the Inclusion Specialist position, the City of Irwindale can take significant strides toward becoming a more inclusive and accessible community. This position will not only address the needs of individuals with disabilities but also demonstrate the City's dedication to ensuring equal opportunities for all community members.
The City met and conferred with representatives of the Irwindale City Employees Association (ICEA) regarding the new classification, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code§ 3500 et seq.).
Elimination of Job Classification - Police Corporal
Through separate action, City Council will consider First Amendment to the Memorandum of Understanding By and Between the City of Irwindale and the Irwindale Police Officers' Association July 1, 2020 - June 30, 2024, which proposes eliminating the Police Corporal position.
Compensation Resolution No. 2023-66-3444
The City's Compensation Resolution is updated periodically as a result of personnel adjustments and/or compensation adjustments. It sets forth the authorized number of employees along with titles and compensation levels for unclassified management positions, unaffiliated and/or unrepresented unclassified at-will part-time positions, and full-time represented positions. It was most recently updated on June 28, 2023, through the City Council's adoption of Resolution No. 2023- 45-3423.
Page2
Proposed Compensation Resolution No. 2023-66-3444 reflects the following personnel adjustments:
(1) Fund one (1) represented, classified full-time Inclusion Specialist position. (2) Unfund two (2) represented, classified full-time Police Corporal positions. (3) Fund two (2) represented, classified full-time Police Officer positions. (4) Unfund one (1) represented, classified full-time Assistant Engineer position.
Through separate action, City Council will consider First Amendment to the Memorandum of Understanding By and Between the City of Irwindale and the Irwindale Police Officers' Association July 1, 2020 - June 30, 2024, which in addition to eliminating the Police Corporal position, proposes creating a new special assignment of Police Corporal and eliminates the special assignment of designated Field Training Officer.
This Resolution meets the requirements for a publicly available pay schedule as required by CalPERS. (2 C.C.R. §570.5.)
Fiscal Impact:
The salary for the Inclusion Specialist would be at a range of 37 ($28.4625 - $34.5966). The proposed changes in the Police Department will result in an overall increase of 5% which equals $5,290 based on a Police Officer's salary range of 52 ($41.8433 - $50.8611 ). With the removal of the Assistant Engineer's position from the adopted budget at salary range 52 ($41.2226 - $50.1067), there is sufficient funding for the proposed changes, and no additional funds will be needed.
The adoption of Resolution No. 2023-66-3444 authorizes Finance Director to amend Fiscal Year 2023-2024 Adopted Budget to include all changes as stated in this report.
Attachments: Resolution No. 2023-65-3443
Resolution No. 2023-66-3444
RESOLUTION NO. 2023-65-3443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING A NEW JOB CLASSIFICATION FOR AN INCLUSION
SPECIALIST AND ASSOCIATED JOB SPECIFICATION AND ELIMINATING
THE POLICE CORPORAL CLASSIFICATION
WHEREAS, Article VIII, Section 800 of the City Charter authorizes the City Council to designate miscellaneous and safety employee positions from time to time; and WHEREAS, Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in City employment be fixed and established by resolution of the City Council; and WHEREAS, Section 2.05 of the City of Irwindale Personnel Rules, as adopted by the City Council in Resolution No. 2022-36-3286 on April 27, 2022, states that the Personnel Officer shall determine the duties and responsibilities of all City positions for inclusion in a Classification Plan, which shall be adopted by the City Council; and
WHEREAS, on June 28, 2023, the City Council adopted Resolution No. 2023-45-3423 establishing the number of positions, schedule of classes, compensation, and benefits for City employees; and
WHEREAS, the City desires to add a new Inclusion Specialist job classification with an associated job specification; and
WHEREAS, the City has met and conferred with the representatives of the Irwindale City Employees Association (ICEA) regarding the proposed actions herein, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code§ 3500 et seq.); and WHEREAS, the City desires to eliminate the Police Corporal job classification; and WHEREAS, the City has met and conferred with the representatives of the Irwindale Police Officers' Association (IPOA) regarding the proposed actions herein, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code§ 3500 et seq.); and WHEREAS, concurrently herewith, the City intends to adopt Resolution No. 2023-66-3444 to repeal and replace Resolution No. 2023-45-3423, and establish the number of positions, schedule of classes, compensation, and benefits for all City employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated by this reference.
SECTION 2. Personnel Job Classification and Associated Job Specification Ordered Approved and Adopted.
The City Council hereby approves and adopts the Inclusion Specialist job classification and associated job specification attached hereto as Exhibit A.
SECTION 3. Personnel Job Classification Ordered Eliminated.
Resolution No. 2023-65-3443
The City Council hereby approves the elimination of the Police Corporal job classification.
SECTION 4. Certification
The Chief Deputy City Clerk shall certify to the adoption of this resolution, which shall in turn have immediate effect.
PASSED, APPROVED AND ADOPTED this 23rct day of August 2023.
ATTEST:
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
H. Manuel Ortiz, Mayor
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-65-3443 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 23rd day of August 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Resolution No. 2023-65-3443
Laura Nieto, Chief Deputy City Clerk
EXHIBIT A
CITY OF IRWINDALE
INCLUSION SPECIALIST
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general supervision, provides individuals with all abilities the opportunity to participate in recreation and leisure programs. Responsible for planning, implementing, facilitating and evaluating year-round programs for individuals with disabilities and to provide inclusion support to individuals participating in city programs, activities and events.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Provides inclusion support to individuals participating in city programs, activities, and events.
2. Plans, implements, facilitates, and evaluates year-round programs for individuals with disabilities; promotes and coordinates specific activities within the adaptive recreation program; prepares program event and facility marketing material, including flyers, schedules of events, pamphlets, and brochures; resolves complaints and addresses concerns related to the programs. 3, Maintains data and tracks all inclusion performance measures; creates reports for management; completes and maintains required forms and paperwork; maintains participant records.
4. Performs assessments and recommends inclusion/behavior plans according to need.
5. Manages ADA requests from program participants relating to parks and recreation facilities,
6. Works with the Recreation Manager on inclusion program development.
7. Assists in developing and making recommendations on policies and procedures based on the ADA while observing and evaluating existing programs. ·
8. Maintains yearly calendar of programs and services available to persons with disabilities; provides information and resources to the public regarding upcoming programs and services,
9. Identifies and anticipates the needs of persons with disabilities attending special events, activities, programs, and classes.
I 0. Maintains budgets for assigned programs.
11. Coordinates staff training programs that focus on disability awareness.
12. Performs related duties as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfelly perform the assigned duties.
Knowledge of:
Principles and techniques of the supervision and treatment of individuals with disabilities.
Operations, services, and activities of therapeutic recreation programs and services.
Principles and theories of inclusion for persons with disabilities.
CITY OF IRWINDALE
Inclusion Specialist (Continued)
Methods and techniques of developing adaptive services and programs.
Applicable policies, procedures, and regulations covering specific areas of assignment.
Personal computers utilizing standard and specialized software applications.
Standard office practices and procedures, including filing and the operation of office equipment.
Communicating effectively in oral and written forms.
Techniques for dealing with a variety of individuals from various socio-economic, ethnic, and cultural backgrounds, in person and over the telephone.
Principles and practices of public relations and customer service.
Principles and procedures of record keeping.
Modem office procedures, methods, and equipment, including computers and applicable computer applications.
Pertinent federal, state, and local laws, codes, and ordinances.
English usage, spelling, grammar, and punctuation.
Ability to:
Develop and implement program and project goals, objectives, procedures, and work standards.
Plan, organize, and implement multi-faceted adaptive recreation programs and activities with an emphasis on inclusion.
Exercise sound independent judgment within general procedural guidelines.
Preparing clear, concise, and complete reports, correspondence, and other written materials.
Contribute effectively to the accomplishment of team or work unit goals, objectives, and activities.
Use initiative and independent judgment within general policy guidelines.
Recommend and implement goals, objectives, policies, and procedures for providing adaptive recreation programs.
Plan and organize work to meet changing priorities and deadlines.
React immediately, calmly, and effectively to situations and employ established techniques to resolve issues.
Communicate clearly and concisely, both orally and in writing.
Operate a variety of office equipment, including a computer.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualijj!ing. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade.
An Associate's degree with major coursework in special education or therapeutic recreation, or a related field is desirable.
Experience:
Two years of training or experience working with people with disabilities.
License or Certificate:
Possession of an appropriate, valid driver's license.
Possession of a valid CPR and First Aid certificate.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfally perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions.
CITY OF IRWINDALE
Inclusion Specialist (Continued)
Environment: Work is performed primarily in a standard office environment and at indoor and outdoor recreational facilities; travel to different locations; incumbents may be exposed to inclement weather conditions; work and/or walk on various types of surfaces, including slippery or uneven surfaces; incumbents may be required to work extended hours including evenings, weekends, and holidays.
Physical: Primary functions require sufficient physical ability and mobility to work in an office and recreation facility setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information.
Vision: See in the normal visual range with or without correction.
Hearing: Hear in the normal audio range with or without correction.
Date: August 2023
RESOLUTION NO. 2023-66-3444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2023-45-3423, AND
ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES,
AND COMPENSATION FOR CITY EMPLOYEES
WHEREAS, Article VIII, Section 803 of the City Charter requires the City Council to establish by resolution salaries and other forms of compensation for all City employees; and WHEREAS, Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in the City employment be fixed and established by resolution of the City Council; and
WHEREAS, Section 2.12.020 of the Irwindale Municipal Code requires that the salaries and compensation of officers and employees of the City be fixed and determined by resolution of the City Council; and
WHEREAS, Section 2.25 of the City's Personnel Rules states that the Personnel Officer shall prepare an annual salary resolution that establishes the minimum through maximum salary rates of pay for employee classifications, which shall be adopted by the City Council; and WHEREAS, the City Council last adopted Resolution No. 2023-45-3423 on June 28, 2023, which established the number of positions, schedule of classes, and compensation for City employees; and
WHEREAS, based on the Memoranda of Understanding between the City and the !CEA, IMEA, and IPOA, and Resolution No. 2021-116-3238, adopted December 8, 2021, relating to the compensation and benefits of unclassified, unrepresented management employees, the City desires to update the salary resolution to reflect changes in compensation; and WHEREAS, the City desires to fund one (1 ), represented, classified full-time Inclusion Specialist position; and
WHEREAS, the City desires to unfund two (2), represented, classified full-time Police Corporal positions; and
WHEREAS, the City desires to fund two (2), represented, classified full-time Police Officer positions; and
WHEREAS, the City desires to unfund one (1) represented, classified full-time Assistant Engineer position; and
WHEREAS, on August 23, 2023, the City Council adopted Resolution 2023-65-3443, which approved a new job classification and associated job specification for an Inclusion Specialist, and ordered the Police Corporal classification eliminated, in accordance with the approved Amendment No. 1 to the IPOA Memorandum of Understanding on the same date; and WHEREAS, the City Council now desires to adopt this resolution to accurately reflect the current compensation ranges, position titles, and number of positions for all City classifications; and
Resolution No. 2023-66-3444
WHEREAS, this resolution is also intended to serve as the City's California Public Employees Retirement System ("CalPERS") publicly available pay schedule as required by California Code of Regulations, Title 2, Section 570.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated by this reference.
SECTION 2. Personnel Positions Approved and Ordered Funded. One (1) represented, classified full-time Inclusion Specialist position is hereby approved and ordered funded.
Two (2) represented, classified full-time Police Officer positions are hereby approved and ordered funded.
SECTION 3. Personnel Positions Ordered Unfunded.
One ( 1) represented, classified full-time Assistant Engineer position is hereby ordered unfunded.
SECTION 4. Applicability to other Governing Documents.
This Resolution shall repeal, supersede, and replace Resolution No. 2023-45-3423. This Resolution shall also take the place of all existing resolutions or orders of the City Council as they relate to the subject matter contained herein. However, in no event shall this Resolution rescind, supersede, alter or in any way have an effect on Resolution No. 2021-116-3238, that was adopted December 8, 2021, relating to the compensation and benefits of unclassified, unrepresented management employees, or on any approved or adopted memoranda of understanding in accordance with Section 2 of this Resolution.
In the event that any provision of this Resolution is in conflict with the City's Personnel Rules or other policies, this Resolution shall supersede and govern the City's policies and practices with regard to unrepresented and/or unaffiliated employees.
SECTION 5. Classified Employees Organized In Bargaining Units Represented By Recognized Employee Organizations.
The Memoranda of Understanding for IMEA, ICEA, and IPOA govern the employment relationship between the City and the employees represented by their respective Recognized Employee Organizations. In the event that this Resolution conflicts with the benefits granted or the restrictions imposed pursuant to any Memoranda of Understanding negotiated with these Recognized Employee Organizations, the applicable Memoranda of Understanding shall govern as to that particular employee bargaining unit.
SECTION 6. Salary and Wage Schedules.
The City Council hereby approves the number of positions, list of class titles, and compensation for all City job classifications reflected in Exhibit A, effective August 23, 2023.
Resolution No. 2023-66-3444
Page2
If any employee is receiving compensation above the highest step of the salary range stated in this resolution for his/her position, the employee's present rate shall be continued as an approved additional step rate for the class ("Y-rated"), until the highest step is greater than the Yrate. Except as provided herein or an applicable MOU, no non Y-rated employee may be adjusted to a Y-rate upon reclassification or promotional appointment, and the Y-rate shall no longer be in effect after the termination of the employment in that class of the incumbent(s) on whose behalf the Y-rate is authorized. Nothing in this resolution shall prohibit any Y-rated employee from receiving a cost-of-living adjustment that other employees within the employee's applicable bargaining group may receive pursuant to an applicable Tentative Agreement or MOU.
SECTION 7. Certification.
The Chief Deputy City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 23rd day of August 2023.
ATTEST:
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES} ss.
CITY OF IRWINDALE }
H. Manuel Ortiz, Mayor
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-66-3444 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 23rd day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-66-3444
Unit Position Title
Legislative Councilmember
CM City Manager
Director Assistant City Manager
Director Chief of Police
Director Community Development Director
Director Director of Engineering/Building Official
Director Finance Director/City Treasurer
Director Public Services Director
EXHIBIT A
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 231 2023
Authorized
Position Period Range
Count
5 Bi-Weekly
Monthly Elected
Annual
1 Hourly 88
Bi-Weekly
Monthly
Annual
1 Hourly 81
Bi-Weekly
Monthly
Annual
1 Hourly 85
Bi-Weekly
Monthly
Annual
1 Hourly 78
Bi-Weekly
Monthly
Annual
1 Hourly 80
Bi-Weekly
Monthly
Annual
1 Hourly 79
Bi-Weekly
Monthly
Annual
1 Hourly 74
Bi-Weekly
Monthly
Annual
Step A
346.23
750.16
9,001.92
100.2755
8,022.04
17,381
208,573
84.3587
6,748.69
14,622
175,466
94.9798
7,598.38
16,463
197,558
78.3351
6,266.81
13,578
162,937
82.3010
6,584.08
14,266
171,186
80.2933
6,423.46
13,918
167,010
70.9678
5,677.42
12,301
147,613
StepB StepC StepD StepE
346.23 346.23 346.23 346.23
750.16 750.16 750.16 750.16
9,001.92 9,001.92 9,001.92 9,001.92
105.2894 110.5538 116.0817 121.8861
8,423.15 8,844.31 9,286.54 9,750.88
18,250 19,163 20,121 21,127
219,002 229,952 241,450 253,523
88.5764 93.0053 97.6558 102.5385
7,086.12 7,440.42 7,812.46 8,203.08
15,353 16, 121 16,927 17,773
184,239 193,451 203, 124 213,280
99.7288 104.7154 109.9510 115.4486
7,978.31 8,377.23 8,796.08 9,235.88
17,286 18,151 19,058 20,011
207,436 217,808 228,698 240,133
82.2519 86.3644 90.6827 95.2168
6,580.15 6,909.15 7,254.62 7,617.35
14,257 14,970 15,718 16,504
171,084 179,638 188,620 198,051
86.4159 90.7365 95.2736 100.0370
6,913.27 7,258.92 7,621.88 8,002.96
14,979 15,728 16,514 17,340
179,745 188,732 198,169 208,077
84.3082 88.5236 . 92.9495 97.5971
6,744.65 7,081.88 7,435.96 7,807.77
14,613 15,344 16, 111 16,917
175,361 184,129 193,335 203,002
74.5163 78.2423 82.1543 86.2620
5,961.31 6,259.38 6,572.35 6,900.96
12,916 13,562 14,240 14,952
154,994 162,744 170,881 179,425
Unit Position Title
ICEA Accountant
ICEA Administrative Secretary
ICEA Assistant Planner
ICEA Building Permit Technician
ICEA Bus Driver
ICEA Code Enforcement Officer
ICEA Deputy City Clerk
ICEA Engineering Technician
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023 - Authorized
Position Period Range
Count
1 Hourly 45
Bi-Weekly
Monthly
Annual
1 Hourly 37
Bi-Weekly
Monthly
Annual
0 Hourly 45
Bi-Weekly
Monthly
Annual
0 Hourly 37
Bi-Weekly
Monthly
Annual
1 Hourly 33
Bi-Weekly
Monthly
Annual
1 Hourly 39
Bi-Weekly
Monthly
Annual
0 Hourly 41
Bi-Weekly
Monthly
Annual
3 Hourly 40
Bi-Weekly
Monthly
Annual
Step A
34.6793
2,774.35
6,011
72,133
28.4625
2,277.00
4,934
59,202
34.6793
2,774.35
6,011
72, 133
28.4625
2,277.00
4,934
59,202
25.7861
2,062.88
4,470
53,635
29.9038
2,392.31
5,183
62,200
31.4173
2,513.38
5,446
65,348
30.6514
2,452.12
5,313
63,755
StepB StepC StepD StepE
36.4135 38.2341 40.1457 42.1529
2,913.08 3,058.73 3,211.65 3,372.23
6,312 6,627 6,959 7,307
75,740 79,527 83,503 87,678
29.8856 31.3798 32.9490 34.5966
2,390.85 2,510.38 2,635.92 2,767.73
5,180 5,439 5,711 5,997
62, 162 65,270 68,534 71,961
36.4135 38.2341 40.1457 42.1529
2,913.08 3,058.73 3,211.65 3,372.23
6,312 6,627 6,959 7,307
75,740 79,527 83,503 87,678
29.8856 31.3798 32.9490 34.5966
2,390.85 2,510.38 2,635.92 2,767.73
5,180 5,439 5,711 5,997
62, 162 65,270 68,534 71,961
27.0755 28.4293 29.8510 31.3438
2, 166.04 2,274.35 2,388.08 2,507.50
4,693 4,928 5,174 5,433
56,317 59, 133 62,090 65, 195
31.3990 32.9692 34.6178 36.3486
2,511.92 2,637.54 2,769.42 2,907.88
5,443 5,715 6,000 6,300
65,310 68,576 72,005 75,605
32.9880 34.6375 36.3692 38.1875
2,639.04 2,771.00 2,909.54 3,055.00
5,718 6,004 6,304 6,619
68,615 72,046 75,648 79,430
32.1841 33.7933 35.4832 37.2572
2,574.73 2,703.46 2,838.65 2,980.58
5,579 5,858 6,150 6,458
66,943 70,290 73,805 77,495
Unit Position Title
!CEA Finance Analyst
ICEA Finance Technician
ICEA Human Resources Specialist
!CEA Inclusion Specialist
ICEA Janitor
ICEA Library Technician
ICEA Maintenance Aide
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023
Authorized
Position Period Range
Count
1 Hourly 45
Bi-Weekly
Monthly
Annual
1 Hourly 36
Bi-Weekly
Monthly
Annual
0 Hourly 38
Bi-Weekly
Monthly
Annual
1 Hourly 37
Bi-Weekly
Monthly
Annual
1 Hourly 20
Bi-Weekly
Monthly
Annual
1 Hourly 29
Bi-Weekly
Monthly
Annual
4 Hourly 25
Bi-Weekly
Monthly
Annual
Step A
34.6793
2,774.35
6,011
72, 133
27.7683
2,221.46
4,813
57,758
29.1740
2,333.92
5,057
60,682
28.4625
2,277.00
4,934
59,202
18.7053
1,496.42
3,242
38,907
23.3606
1,868.85
4,049
48,590
21.1635
1,693.08
3,668
44,020
StepB StepC StepD StepE
36.4135 38.2341 40.1457 42.1529
2,913.08 3,058.73 3,211.65 3,372.23
6,312 6,627 6,959 7,307
75,740 79,527 83,503 87,678
29.1567 30.6144 32.1452 33.7524
2,332.54 2,449.15 2,571.62 2,700.19
5,054 5,307 5,572 5,850
60,646 63,678 66,862 70,205
30.6327 32.1644 33.7726 35.4611
2,450.62 2,573.15 2,701.81 2,836.88
5,310 5,575 5,854 6,147
63,716 66,902 70,247 73,759
29.8856 31.3798 32.9490 34.5966
2,390.85 2,510.38 2,635.92 2,767.73
5,180 5,439 5,711 5,997
62, 162 65,270 68,534 71,961
19.6404 20.6226 21.6538 22.7365
1,571.23 1,649.81 1,732.31 1,818.92
3,404 3,575 3,753 3,941
40,852 42,895 45,040 47,292
24.5288 25.7553 27.0433 28.3957
1,962.31 2,060.42 2,163.46 2,271.65
4,252 4,464 4,688 4,922
51,020 53,571 56,250 59,063
22.2216 23.3327 24.4995 25.7245
1,777.73 1,866.62 1,959.96 2,057.96
3,852 4,044 4,247 4,459
46,221 48,532 50,959 53,507
Unit Position Title
ICEA Maintenance Lead Worker
ICEA Maintenance Worker I
ICEA Maintenance Worker II
ICEA Office Specialist
ICEA Planning Technician
ICEA Police Records Clerk
ICEA Police Records Clerk/ Dispatcher
!CEA Police Services Specialist
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023
Authorized
Position Period Range
Count
1 Hourly 43
Bi-Weekly
Monthly
Annual
0 Hourly 31
Bi-Weekly
Monthly
Annual
6 Hourly 40
Bi-Weekly
Monthly
Annual
3 Hourly 29
Bi-Weekly
Monthly
Annual
1 Hourly 36
Bi-Weekly
Monthly
Annual
0 Hourly 28
Bi-Weekly
Monthly
Annual
1 Hourly 32
Bi-Weekly
Monthly
Annual
1 Hourly 41
Bi-Weekly
Monthly
Annual
Step A
33.0082
2.640.65
5,721
68,657
24.5433
1,963.46
4,254
51,050
30.6514
2,452.12
5,313
63,755
23.3606
1,868.85
4,049
48,590
27.7683
2,221.46
4,813
57,758
22.7913
1,823.31
3,951
47,406
25.1567
2,012.54
4,361
52,326
31.4173
2,513.38
5,446
65,348
StepB StepC StepD StepE
34.6587 36.3918 38.2115 40.1221
2,772.69 2,911.35 3,056.92 3,209.77
6,008 6,308 6,623 6,955
72,090 75,695 79,480 83,454
25.7707 27.0591 28.4120 29.8327 -
2,061.65 2, 164.73 2,272.96 2,386.62
4,467 4,690 4,925 5,171
53,603 56,283 59,097 62,052
32.1841 33.7933 35.4832 37.2572
2,574.73 2,703.46 2,838.65 2,980.58
5,579 5,858 6,150 6,458
66,943 70,290 73,805 77,495
24.5288 25.7553 27.0433 28.3957
1,962.31 2,060.42 2, 163.46 2,271.65
4,252 4,464 4,688 4,922
51,020 53,571 56,250 59,063
29.1567 30.6144 32.1452 33.7524
2,332.54 2,449.15 2,571.62 2,700.19
5,054 5,307 5,572 5,850
60,646 63,678 66,862 70,205
23.9308 25.1274 26.3837 27.7029
1,914.46 2,010.19 2,110.69 2,216.23
4,148 4,355 4,573 4,802
49,776 52,265 54,878 57,622
26.4144 27.7351 29.1216 30.5779
2,113.15 2,218.81 2,329.73 2,446.23
4,579 4,807 5,048 5,300
54,942 57,689 60,573 63,602
32.9880 34.6375 36.3692 38.1875
2,639.04 2,771.00 2,909.54 3,055.00
5,718 6,004 6,304 6,619
68,615 72,046 75,648 79,430
Unit Position Title
!CEA Recreation Assistant
!CEA Senior Bus Driver
!CEA Senior Center Assistant
!CEA Senior Center Leader/Bus Driver
!CEA Senior Center Specialist
!CEA Senior Code Enforcement Officer
!CEA Senior Recreation Leader
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023
Authorized
Position Period Range
Count
0 Hourly 29
Bi-Weekly
Monthly
Annual
1 Hourly 37
Bi-Weekly
Monthly
Annual
1 Hourly 29
Bi-Weekly
Monthly
Annual
1 Hourly 33
Bi-Weekly
Monthly
Annual
1 Hourly 37
Bi-Weekly
Monthly
Annual
1 Hourly 45
Bi-Weekly
Monthly
Annual
3 Hourly 19
Bi-Weekly
Monthly
Annual
Step A
23.3606
1,868.85
4,049
48,590
28.4625
2,277.00
4,934
59,202
23.3606
1,868.85
4,049
48,590
25.7861
2,062.88
4,470
53,635
28.4625
2,277.00
4,934
59,202
34.6793
2,774.35
6,011
72,133
18.2495
1,459.96
3,163
37,959
StepB StepC StepD Step E
24.5288 25.7553 27.0433 28.3957
1,962.31 2,060.42 2,163.46 2,271.65
4,252 4,464 4,688 4,922
51,020 53,571 56,250 59,063
29.8856 31.3798 32.9490 34.5966
2,390.85 2,510.38 2,635.92 2,767.73
5,180 5,439 5,711 5,997
62, 162 65,270 68,534 71,961
24.5288 25.7553 27.0433 28.3957
1,962.31 2,060.42 2, 163.46 2,271.65
4,252 4,464 4,688 4,922
51,020 53,571 56,250 59,063
27.0755 28.4293 29.8510 31.3438
2, 166.04 2,274.35 2,388.08 2,507.50
4,693 4,928 5,174 5,433
56,317 59, 133 62,090 65, 195
29.8856 31.3798 32.9490 34.5966
2,390.85 2,510.38 2,635.92 2,767.73
5,180 5,439 5,711 5,997
62, 162 65,270 68,534 71,961
36.4135 38.2341 40.1457 42.1529
2,913.08 3,058.73 3,211.65 3,372.23
6,312 6,627 6,959 7,307
75,740 79,527 83,503 87,678
19.1620 20.1202 21.1264 22.1827
1,532.96 1,609.62 1,690.12 1,774.62
3,321 3,488 3,662 3,845
39,857 41,850 43,943 46, 140
Unit Position Title
IMEA Aquatics Supervisor
IMEA Assistant City Engineer
IMEA Assistant Engineer
IMEA Assistant to the Clty Manager
IMEA Associate Engineer
IMEA Associate Planner
IMEA Benefits Administrator
IMEA Chief Deputy City Clerk
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023
Authorized
Position Period Range
Count
1 Hourly 47
Bi-Weekly
Monthly
Annual
1 Hourly 64
Bi-Weekly
Monthly
Annual
0 Hourly 52
Bi-Weekly
Monthly
Annual
1 Hourly 63
Bi-Weekly
Monthly
Annual
1 Hourly 56
Bi-Weekly
Monthly
Annual
1 Hourly 49
Bi-Weekly
Monthly
Annual
1 Hourly 58
Bi-Weekly
Monthly
Annual
1 Hourly 58
Bi-Weekly
Monthly
Annual
Step A
36.4346
2,914.77
6,315
75,784
55.4399
4,435.19
9,610
115,315
41.2226
3,297.81
7,145
85,743
54.0880
4,327.04
9,375
112,503
45.5024
3,640.19
7,887
94,645
38.2793
3,062.35
6,635
79,621
47.8058
3,824.46
8,286
99,436
47.8058
3,824.46
8,286
99,436
StepB StepC StepD Step E
38.2563 40.1692 42.1779 44.2870
3,060.50 3,213.54 3,374.23 3,542.96
6,631 6,963 7,311 7,676
79,573 83,552 87,730 92,117
58.2120 61.1226 64.1788 67.3880
4,656.96 4,889.81 5,134.31 5,391.04
10,090 10,595 11,124 11,681
121,081 127,135 133,492 140, 167
43.2837 45.4481 47.7207 50.1067
3,462.69 3,635.85 3,817.65 4,008.54
7,503 7,878 8,272 8,685
90,030 94,532 99,259 104,222
56.7923 59.6317 62.6135 65.7442
4,543.38 4,770.54 5,009.08 5,259.54
9,844 10,336 10,853 11,396
118,128 124,034 130,236 136,748
47.7774 50.1663 52.6745 55.3082
3,822.19 4,013.31 4,213.96 4,424.65
8,281 8,696 9,130 9,587
99,377 104,346 109,563 115,041
40.1933 42.2029 44.3130 46.5288
3,215.46 3,376.23 3,545.04 3,722.31
6,967 7,315 7,681 8,065
83,602 87,782 92, 171 96,780
50.1962 52.7058 55.3409 58.1077
4,015.69 4,216.46 4,427.27 4,648.62
8,701 9,136 9,592 10,072
104,408 109,628 115,109 120,864
50.1962 52.7058 55.3409 58.1077
4,015.69 4,216.46 4,427.27 4,648.62
8,701 9,136 9,592 10,072
104,408 109,628 115, 109 120,864
Unit Position Title
IMEA City Librarian
IMEA Community Development Manager/Crty Planner
IMEA Construction Compliance Manager
IMEA Economic Development Coordinator
IMEA Executive Assistant
IMEA Finance Manager
IMEA Housing Coordinator
IMEA Human Resources/Risk Manager
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023
Authoriz:ed
Position Period Range
Count
1 Hourly 62
Bi-Weekly
Monthly
Annual
0 Hourly 62
Bi-Weekly
Monthly
Annual
1 Hourly 62
Bi-Weekly
Monthly
Annual
0 Hourly 53
Bi-Weekly
Monthly
Annual
1 Hourly 43
Bi-Weekly
Monthly
Annual
1 Hourly 68
Bi-Weekly
Monthly
Annual
1 Hourly 53
Bi-Weekly
Monthly
Annual
1 Hourly 67
Bi-Weekly
Monthly
Annual
Step A
52.7688
4,221.50
9,147
109,759
52.7688
4,221.50
9,147
109,759
52.7688
4,221.50
9,147
109,759
42.2534
3,380.27
7,324
87,887
33.0082
2,640.65
5,721
68,657
61.1952
4,895.62
10,607
127,286
42.2534
3,380.27
7,324
87,887
59.7029
4,776.23
10,349
124, 182
Step B StepC StepD StepE
55.4072 58.1774 61.0861 64.1404
4,432.58 4,654.19 4,886.88 5, 131.23
9,604 10,084 10,588 11,118
115,247 121,009 127,059 133,412
55.4072 58.1774 61.0861 64.1404
4,432.58 4,654.19 4,886.88 5,131.23
9,604 10,084 10,588 11,118
115,247 121,009 127,059 133,412
55.4072 58.1774 61.0861 64.1404
4,432.58 4,654.19 4,886.88 5,131.23
9,604 10,084 10,588 11,118
115,247 121,009 127,059 133,412
44.3659 46.5841 48.9135 51.3591
3,549.27 3,726.73 3,913.08 4,108.73
7,690 8,075 8,478 8,902
92,281 96,895 101,740 106,827
34.6587 36.3918 38.2115 40.1221
2,772.69 2,911.35 3,056.92 3,209.77
6,008 6,308 6,623 6,955
72,090 75,695 79,480 83,454
64.2548 67.4678 70.8413 74.3837
5,140.38 5,397.42 5,667.31 5,950.69
11, 138 11,694 12,279 12,893
133,650 140,333 147,350 154,718
44.3659 46.5841 48.9135 51.3591
3,549.27 3,726.73 3,913.08 4,108.73
7,690 8,075 8,478 8,902
92,281 96,895 101,740 106,827
62.6880 65.8226 69.1139 72.5697
5,015.04 5,265.81 5,529.12 5,805.58
10,866 11,409 11,980 12,579
130,391 136,911 143,757 150,945
Unit Position Title
IMEA Information Technology Manager
IMEA Management Analyst
IMEA Police Captain
IMEA Police Lieutenant
IMEA Project Manager - Construction Compliance
IMEA Project Manager - Mining
IMEA Public Works Maintenance Supervisor
IMEA Public Works Services Manager
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023
Authorized
Position Period Range
Count
1 Hourly 63
Bi-Weekly
Monthly
Annual
2 Hourly 47
Bi-Weekly
Monthly
Annual
1 Hourly 77
Bi-Weekly
Monthly
Annual
1 Hourly 71
Bi-Weekly
Monthly
Annual
1 Hourly 48
Bi-Weekly
Monthly
Annual
0 Hourly 62
Bi-Weekly
Monthly
Annual
1 Hourly 48
Bi-Weekly
Monthly
Annual
0 Hourly 62
Bi-Weekly
Monthly
Annual
Step A
54.0880
4,327.04
9,375
112,503
36.4346
2,914.77
6,315
75,784
77.9548
6,236.38
13,512
162, 146
67.2197
5,377.58
11,651
139,817
37.3462
2,987.69
6,473
77,680
52.7688
4,221.50
9,147
109,759
37.3462
2,987.69
6,473
77,680
52.7688
4,221.50
9,147
109,759
StepB StepC StepD StepE
56.7923 59.6317 62.6135 65.7442
4,543.38 4,770.54 5,009.08 5,259.54
9,844 10,336 10,853 11,396
118,128 124,034 130,236 136,748
38.2563 40.1692 42.1779 44.2870
3,060.50 3,213.54 3,374.23 3,542.96
6,631 6,963 7,311 7,676
79,573 83,552 87,730 92,117
81.8524 85.9452 90.2423 94.7543
6,548.19 6,875.62 7,219.38 7,580.35
14,188 14,897 15,642 16,424
170,253 178,766 187,704 197,089
70.5808 74.1096 77.8149 81.7058
5,646.46 5,928.77 6,225.19 6,536.46
12,234 12,846 13,488 14, 162
146,808 154,148 161,855 169,948
39.2135 41.1740 43.2327 45.3942
3,137.08 3,293.92 3,458.62 3,631.54
6,797 7,137 7,494 7,868
81,564 85,642 89,924 94,420
55.4072 58.1774 61.0861 64.1404
4,432.58 4,654.19 4,886.88 5,131.23
9,604 10,084 10,588 11,118
115,247 121,009 127,059 133,412
39.2135 41.1740 43.2327 45.3942
3, 137.08 3,293.92 3,458.62 3,631.54
6,797 7,137 7,494 7,868
81,564 85,642 89,924 94,420
55.4072 58.1774 61.0861 64.1404
4,432.58 4,654.19 4,886.88 5,131.23
9,604 10,084 10,588 11,118
115,247 121,009 127,059 133,412
Unit Position Title
IMEA Recreation Manager
IMEA Recreation Supervisor
IMEA Senior Center Manager
IMEA Senior Finance Analyst
IMEA Senior Human Resources/ Risk Management Analyst
IMEA Senior Management Analyst
IMEA Senior Planner
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023 - Authorized
Position Period Range
Count
1 Hourly 62
Bi-Weekly
Monthly
Annual
2 Hourly 47
Bi-Weekly
Monthly
Annual
1 Hourly 62
Bi-Weekly
Monthly
Annual
1 Hourly 51
Bi-Weekly
Monthly
Annual
0 Hourly 53
Bi-Weekly
Monthly
Annual
0 Hourly 53
Bi-Weekly
Monthly
Annual
1 Hourly 55
Bi-Weekly
Monthly
Annual
Step A
52.7688
4,221.50
9,147
109,759
36.4346
2,914.77
6,315
75,784
52.7688
4,221.50
9,147
109,759
40.2168
3,217.35
6,971
83,651
42.2534
3,380.27
7,324
87,887
42.2534
3,380.27
7,324
87,887
44.3923
3,551.38
7,695
92,336
StepB stepC StepO StepE
55.4072 58.1774 61.0861 64.1404
4,432.58 4,654.19 4,886.88 5,131.23
9,604 10,084 10,588 11,118
115,247 121,009 127,059 133,412
38.2563 40.1692 42.1779 44.2870
3,060.50 3,213.54 3,374.23 3,542.96
6,631 6,963 7,311 7,676
79,573 83,552 87,730 92, 117
55.4072 58.1774 61.0861 64.1404
4,432.58 4,654.19 4,886.88 5, 131.23
9,604 10,084 10,588 11,118
115,247 121,009 127,059 133,412
42.2279 44.3394 46.5563 48.8841
3,378.23 3,547.15 3,724.50 3,910.73
7,320 7,686 8,070 8,473
87,834 92,226 96,837 101,679
44.3659 46.5841 48.9135 51.3591
3,549.27 3,726.73 3,913.08 4,108.73
7,690 8,075 8,478 8,902
92,281 96,895 101,740 106,827
44.3659 46.5841 48.9135 51.3591
3,549.27 3,726.73 3,913.08 4,108.73
7,690 8,075 8,478 8,902
92,281 96,895 101,740 106,827
46.6120 48.9428 51.3899 53.9596
3,728.96 3,915.42 4,111.19 4,316.77
8,079 8,483 8,908 9,353
96,953 101,801 106,891 112,236
Unit Position Title
IPOA Police Sergeant
IPOA Police Officer
IPOA Police Dispatcher/Clerk
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2023-2024
Effective August 23, 2023 -
Authorized
Position Period Range
Count
6 Hourly 63
Bi-Weekly
Monthly
Annual
19 Hourly 52
Bi-Weekly
Monthly
Annual
5 Hourly 38
Bi-Weekly
Monthly
Annual
Step A
54.9014
4,392.12
9,516
114, 195
41.8433
3,347.46
7,253
87,034
28.7510
2,300.08
4,984
59,802
Steps StepC StepD Step E
57.6466 60.5288 63.5553 66.7332
4,611.73 4,842.31 5,084.42 5,338.65
9,992 10,492 11,016 11,567
119,905 125,900 132,195 138,805
43.9356 46.1322 48.4389 50.8611
3,514.85 3,690.58 3,875.12 4,068.88
7,616 7,996 8,396 8,816
91,386 95,955 100,753 105,791
30.1885 31.6981 33.2832 34.9471
2,415.08 2,535.85 2,662.65 2,795.77
5,233 5,494 5,769 6,058
62,792 65,932 69,229 72,690
CITY OF IRWINDALE
Part-Time Salary Schedule
Fiscal Year 2023-2024
Effective July 9, 2023 (3°/o COLA)
Permanent Part-Time - Hourly Rates
Position Title Authorized Range Step A Step B StepC Number Senior Center Leader 2 19 18.25 19.16 20.12
Library Aide 1 26 21.69 22.78 23.92
Civil Engineering Technician 0 33 25.78 27.07 28.43
Part-Time - Hourly Rates
Position Title Rate
Aquatics Aide/Pool Cashier 18.21
Assistant Pool Manager 22.74
Bus Driver 25.78
Communications Specialist 33.00
Community Center Worker
(temp assignment of staff 22.24
member}
Community Service Officer 19.61
Finance Assistant 22.18
Intern 20.68
Library Page 19.61
Lifeguard 18.66
Office Specialist 23.36
Police Officer Trainee 36.98
Recreation Aide 18.21
Reserve Police Officer 41.84
Senior Center Aide 18.21
Senior Library Page 21.64
Senior Lifeguard 20.59
Summer Youth Worker 15.50
Tutor 20.68
StepD StepE
21.12 22.18
25.11 26.37
29.85 31.34
t:8l City Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: August 23, 2023
City o/
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 8
Issue: Consideration of First Amendment to the Memorandum of Understanding By and Between the City of Irwindale and the Irwindale Police Officers' Association July 1, 2020 - June 30, 2024.
City Manager's Recommendation:
1) Approve First Amendment to the Memorandum of Understanding By and Between the City of Irwindale and the Irwindale Police Officers' Association July 1, 2020 - June 30, 2024 Administrative Action:
Submitted by:
Julian A. Miranda, City Manager
Prepared by:
Mary Hull, Human Resources/Risk Manager
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director/City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis
The intent of this First Amendment is to document changes to the following sections of the Memorandum of Understanding by and between the City of Irwindale (City) and the Irwindale Police Officers' Association (IPOA) that is currently in effect for the period July 1, 2020 through June 30, 2024:
• Section 01.01 UNIT & UNIT RECOGNITION
• Section 06.06 SPECIAL ASSIGNMENT PAY
• Section 06.11 MINIMUM PROMOTIONAL COMPENSATION
• Section 06.12 CORPORAL PAY AND ELIGIBILITY PROTOCOL
• Section 14.06 MINIMUM STAFFING LEVEL (MSL)
The proposed changes involve the following:
• Eliminate the Police Corporal classification.
• Eliminate the designated Field Training Officer (FTO) special assignment. • Create a new special assignment of Police Corporal.
At present, Police Corporals do not participate in the training of new officers. However, they may act as watch commanders in the absence of a Police Sergeant. Furthermore, Police Officers who serve as designated Field Training Officers receive a stipend, irrespective of whether they are training new officers or not, and they have no additional duties outside of these training responsibilities.
The proposed responsibilities for Police Officers serving in the new special assignment of Police Corporal include:
• Training of new hires.
• Ensure that all required perishable skills training is kept current. • Arrange for ongoing training for officers as needed.
• Create training bulletins on relevant and current topics that will benefit all officers. • Assume the role of watch commander when Police Sergeants are not on duty.
These proposed changes aim to enhance training processes and ensure the department's readiness in terms of skills and knowledge. Integrating responsibilities such as training new hires and providing ongoing training will lead to a more efficient and well-prepared police force.
The City and the IPOA's authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA), Gov't Code Sections 3500-3511, regarding modifications to the IPOA MOU 2020-24. Upon City Council approval, this First Amendment will take effect immediately.
Through separate action, City Council will consider Compensation Resolution No. 2023-66-3444, which will unfund two (2) Police Corporal positions and fund two (2) Police Officer positions. Also, through separate action, City Council will consider Classification Resolution No. 2023-65-3443, eliminating the Police Corporal classification from the classification plan. It is important to note that these changes will not increase or decrease the total number of sworn positions.
Fiscal Impact:
The proposed changes in the Police Department will result in an overall increase in budget of 5%, which equals $5,290 based on a Police Officer's salary range of 52 ($41.8433 - $50.8611 ). There is sufficient funding in the Fiscal Year 2023-2024 Adopted Budget, and no additional funds will be needed.
Attachment: FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE POLICE
OFFICERS' ASSOCIATION JULY 1, 2020 - JUNE 30, 2024
Page2
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY
AND BETWEEN THE CITY OF IRWINDALE AND THE IRWINDALE POLICE OFFICERS' ASSOCIATION JULY 1, 2020- JUNE 30, 2024
This First Amendment to the Memorandum of Understanding by and between the City ofirwindale and the Irwindale Police Officers' Association July 1, 2020 - June 30, 2024 (hereinafter "IPOA MOU 2020-24") is made and entered into by and between the City of Irwindale, a municipal corporation (hereinafter "City"), and the Irwindale Police Officers' Association (hereinafter the "Association" or the "Recognized Employee Organization").
RECITALS:
WHEREAS, on April 13, 2022, the City Council approved a Tentative Agreement for Successor MOU between the IPOA and City oflrwindale for the period of July 1, 2020 through June 20, 2024 with the adoption of Resolution No. 2022-27-3277; WHEREAS, on February 8, 2023, the City Council approved IPOA MOU 2020-24; WHEREAS, the City and the Association's authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA), Gov't Code Sections 3500-3511, regarding modifications to the IPOA MOU 2020-24; WHEREAS, the City and the Association's authorized labor relations representatives determined that the current classification of Police Corporal should be eliminated in favor of making the position of Police Corporal a rotating special assignment rather than a permanent classification;
WHEREAS, the City and the Association now desire to amend the IPOA MOU 2020-24 to provide for the elimination of the classification of Police Corporal and the elimination of the special assignment of designated Field Training Officer, and provide for the new special assignment of Police Corporal, which modified terms have been ratified by the IPOA membership and is subject to City Council approval and adoption of this First Amendment to the IPOA MOU 2020-24.
NOW, THEREFORE, it is hereby agreed that the IPOA MOU 2020-24 is amended in the following particulars only:
Article 01, Section 01.01 of the IPOA MOU 2020-24, entitled "UNIT & UNION RECOGNITION," shall be amended to read as follows (deletions in strikethreugh; changes in bold italics):
SECTION 01.01 UNIT & UNION RECOGNITION
For the purposes of meeting its obligations under this Memorandum of Understanding (hereinafter referred to as the "MOU"), the Meyers-Milias-Brown Act, Government Code Sections 3500 et seg, City rules, regulations, and/or laws affecting wages, hours, and other terms and conditions of employment, the City of Irwindale (hereinafter referred to as the
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF IRWINDALE AND THE POLICE OFFICERS' ASSOCIATION JULY I, 2020 -JUNE 30, 2024 "City") hereby affirms its recognition of the Irwindale Police Officers' Association (hereinafter referred to, along with any successor employee organizations, as the "Recognized Employee Organization"), an unincorporated association, as the exclusive and majority representative of the employee bargaining unit containing the following position titles and salary ranges, effective July 11, 2021, (hereinafter referred to as the "IPOA Unit"):
Position Title
Police Sergeant
Peliee CeFfJeral
Police Officer
Police Dispatcher/Clerk
Reserve Police Officer
Salary Range
63 §4.
52 38
Hourly (at will)
Police Corporal classification is hereby eliminated effective August 23, 2023.
Article 06, Section 06.06 of the IPOA MOU 2020-24, entitled "SPECIAL ASSIGNMENT PAY," shall be amended to read as follows (deletions in strikethreugh; changes in bold italics):
SECTION 06.06 SPECIAL ASSIGNMENT PAY
Effective August 23, 2023, IPOA Unit members in the following special assignments shall receive the following special assignment bonus pay in addition to basic compensation:
5.0% for up to four Police Corporals (based on current staffing levels and needs of the Department);
5.0% for Detective;
5.0% for Detective Sergeant;
2.5% for Range Master;
5.0% for Motor Officer;
5.0% for Commercial Enforcement Officer;
5.0% for K-9 Officer;
2.5% fer twe desig11ated Field TFai11i11g Offieers (the desig11ated TFai11ing effieers at the diseretie11 ef the Chief ef Peliee eaa lie assig11ed trai11ing related aetivities when net perfermi11g direet field trai11i11g.);
2.5% for officers acting in the capacity of a Field Training Officer; and
2.5% for full-time permanent Police Dispatcher/Clerks who are acting in the capacity of "Training Dispatcher."
Article 06, Section 06.11 of the IPOA MOU 2020-24, entitled "MINIMUM PROMOTIONAL COMPENSATION," shall be amended to read as follows (deletions in strikethreugh; changes in bold italics):
SECTION 06.11 MINIMUM PROMOTIONAL COMPENSATION
City Personnel Rules 5.15.l Bis incorporated herein and requires that where an IPOA Unit member "who is promoted shall be compensated at the Step in the new salary range which 2 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF IRWINDALE AND THE POLICE OFFICERS' ASSOCIATION JULY I, 2020 - JUNE 30, 2024 comes nearest to but not less than five (5%) percent higher than the Step the employee held in the previous salary range." This Jlrovision shall also a)l)lly to the Cof)loral JlOsition, whieh is a Jlremotional JlOsition oveF Poliee Offieer.
Article 06, Section 06.12 of the IPOA MOU 2020-24, entitled "CORPORAL PAY AND ELIGIBILITY PROTOCOL," shall be amended to read as follows (deletions in strikethreugh; changes in bold italics):
SECTION 06.12 CORPORAL SPECIAL ASSIGNMENT PAY AND
ELIGIBILITY PROTOCOL
The )lesitieH ef Cef)loral shall be eeffi)lensated at a rate that is at least five (5%) JlereeHI:
ever that ef Peliee Offieer. The City agrees that by salary eemJleHsatioH resolutioH it will have at least two (2) budgeted eof)loral JlesitioHs and use best efforts to fill these JlOsitions.
If the City iHtends to elimiHate oHe of these budgeted JlOsitioHs, then it must first meet and eoHfer with the ReeogHized Em)lloyee Organization. To be considered for the Police Corporal special assignment, candidates must meet the following eligibility requirements at the time of application deadline: Eligibility requires Possession of an Intermediate POST Certificate, three four years as a full-time police officer with at least two years as a full-time Irwindale Police Officer as of the ap)llieatioH deadline. Eligible eandidates must )lass a ""Titten test seleeted ancl/or devele)led at the City's sole diseretioH with seore of se•1eHty (70%) JlereeHt iH order to )lFeeeed te an oral iHl:erview. Appointment to this special assignment shall be at the City's sole discretion consistent with the Police Department Policy Manual City PersoHnel Rules.
Article 14, Section 14.06 of the IPOA MOU 2020-24, entitled "MINIMUM STAFFING LEVEL (MSL)," shall be amended to read as follows (deletions in strikethreugh; changes in bold italics):
SECTION 14.06 MINIMUM STAFFING LEVEL (MSL)
Minimum staffing levels (MSL) for each patrol shift (A & B) shall be as follows: 1-Watch Commander at the rank of Sergeant or a Police Officer serving in the special assignment of Corporal; 3 Patrol Officers. Generally, traffic officers, the K-9 unit, Detectives and Reserve Officers on mandatory shift assignment will not be used to meet MSL unless special circumstances exist. For the purpose of meeting MSL requirements, it is the intent of this provision to replace personnel with appropriately qualified personnel of comparable rank or special assignment. For example, when the scheduled patrol watch commander is unable to work, a replacement watch commander should be of the appropriate rank, Sergeant or a Police Officer serving in the special assignment of Corporal. If a patrol officer is unable to work, then a patrol officer shall be called in as a replacement. Qualified Level I Reserve Officers may be used to replace a patrol officer position if no patrol officers are available to cover the shift. The Department will attempt to use payback time for replacements as often as possible; however, the safety of the patrol officers and duty to the City shall be the priority when locating replacements.
3 FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF IRWINDALE AND THE POLICE OFFICERS' ASSOCIATION JULY I, 2020 - JUNE 30, 2024 The representatives of the City and of the Association have jointly prepared this First Amendment to the IPOA MOU 2020-24, and jointly present same to the City Council of the City of Irwindale for determination pursuant to Government Code section 3505.1. Except as expressly provided for in this First Amendment to the IPOA MOU 2020-24, all other provisions of the IPOA MOU 2020- 24 shall remain in full force and effect. The parties also knowledge that this First Amendment to the IPOA MOU 2020-24 shall not be in full force and effect until approved by the City Council of the City of Irwindale. Subject to the foregoing and in witness whereof, this First Amendment is hereby executed by the authorized representatives of the City and the Association and entered into as of this _th day of August, 2023.
IT IS SO AGREED:
CITY OF IRWINDALE
Julian A. Miranda, City Manager/Municipal
Employee Relations Representative
Mary Hull, Human Resources/Risk Manager
Approved as to form
Aleshire & Wynder, LLP
Adrian R. Guerra, City Attorney
4 IRWINDALE POLICE OFFICERS'
ASSOCIATION
Jesus Bravo, IPOA President
Manuel Campos, IPOA Vice President
18JCity Council
0 Successor Agency
0 Housing Authority
0 Reclamation Authority
OJoint Powers Authority
Date: August 23, 2023
Cityef
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 9 I
Issue: Acceptance of the 2022-2023 Resurfacing Program: Residential Resurfacing Project - Phase II; P-1043
City Manager's Recommendation:
That the City Council (1) ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the constructed improvements of the 2022-2023 Resurfacing Program: Residential Resurfacing Project- Phase II; (2) approve the final construction project amount of $399,561.59 under the construction contract with Vance Corporation; (3) approve final construction management and inspection services contract with FCG Consultants in the amount of $76,266.06; (4) authorize the City Clerk to record the Notice of Completion; and (5) authorize the Finance Director to release the 5% retention amount for the construction project.
Administrative Action:
Submitted by:
Eddie Chan,
Director of Engineering/ Building Official
Prepared by:
Sarah Rocha, Engineering Technician
(626) 430-2264
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani,
Finance Director I City Treasurer
Approved by:
Julian A. Miranda,
City Manager
Electronically approved
by City Attorney
Electronically Approved
Background and Analysis:
On March 22, 2023, the City Council awarded the 2022-2023 Resurfacing Program:
Residential Resurfacing Project - Phase II to Vance Corporation in the amount of $394, 77 4.10, plus a 20% contingency in the amount of $78,954.00 for a total of $4 73, 728.10.
During the course of work, the City Council approved and directed staff to move forward with the recommendations to remove the raised crosswalk and install additional advisory signage along Calle de Paseo. This additional work totaled $16,670.40 was issued as change order for this project.
This project has been completed per the approved plans and specifications. The final construction costs of the Residential Resurfacing Project - Phase II, including the additional work on Calle de Paseo, is $399,561.59, which is $74, 166.51 less than the authorized amount. Staff recommends that the City Council ratify the changes in the contract amount due to the additional work.
The City Council awarded the contract for construction management and inspection services to FCG Consultants for $86,238.03 plus a 20% contingency for $17,247.00, with a total amount of $103,485.03. The final amount of the services provided is $76,266.06, which is $27,218.10 less than the authorized amount.
Ratification of the changes in the work and acceptance of the work by the City Council complies with the acceptance and prompt payment provisions of the Public Contract Code.
The total cost of the project is $479,210.31. This includes the design, advertisement, bidding, inspection, construction, and all other associated costs for this project as shown below:
Construction $ 399,561.59
Construction Manaoement & Inspection $ 76,266.06
Other Costs (Advertisement, PS&E Reproduction, etc.) $ 3,382.66 Total Cost of Proiect $ 479,210.31
The total cost of the project is $479,210.31, which is $263,559.69 less than the total budget of $742,770.00.
The Project is now complete and staff recommends that City Council accept the improvements and maintenance responsibility for the Residential Resurfacing Project- Phase 11. Acceptance of the improvements by City Council will render the project complete. Once the project is complete, the City will file a Notice of Completion and release the retention amount for the project. Staff therefore recommends that the City Council authorize the City Clerk to record the Notice of Completion and authorize the Finance Director to release the 5% retention amount for the construction project.
Fiscal Impact:
The 5% retention payable amount for Vance Corporation is $19,978.08. There is sufficient funding available in the budget to pay for this amount. Future request for the reallocation of the remaining $263,559.69 budget to the Residential Resurfacing Project - Phase Ill will be presented to the City Council for consideration at the time service contract is being awarded.
Attachments:
• Notice of Completion
RECORDING REQUESTED BY: I
CITY OF IRWINDALE I
WHEN RECORDED MAIL TO:
Eddie Chan
City of Irwindale
Public Works Engineering
5050 N. Irwindale Avenue
Irwindale, CA 91706
I
I
I
I
I
I
I
I
I
I
SPACE ABOVE THIS LINE FOR RECORDER"S USE
NOTICE OF COMPLETION OF
PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: DEDICATED PUBLIC ROAD RIGHT OF WAY EASEMENTS
2. The full name of the owner is: CITY OF IRWINDALE.
3. The full address of the owner is: 5050 NORTH IRWINDALE AVENUE. IRWINDALE.
CALIFORNIA. 91706.
4. On the 23rd day of AUGUST 2023, there was completed upon the hereinafter-described real property the following work: 2022-2023 RESURFACING PROGRAM: RESIDENTIAL RESURFACING PROJECT - PHASE II (P-1043).
5. The name of the original contractor for the work described above was: VANCE CORPORATION
6. The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: MARTINEZ STREET. BACA AVENUE. CALLE DEL SUR, SABRE LANE, CALLE BRECEDA. NORA AVENUE, CALLE BURROLA AND FRAIJO AVENUE.
DATED: _______ , 2023
ATTEST:
Chief Deputy City Clerk
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 ______ _
Subscribed and sworn to (or affirmed) before me on this ___ day of ______ , 20_, by ______________________________ _
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature _________ _
18City Council
D Successor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: August 23, 2023
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 11
Issue: Veteran's Monument - Option to Approve or Deny Name of Veteran City Manager's Recommendation:
That the City Council consider the City of Irwindale Veteran Monument Application submission for adding Jesse Paul Marquez's name on the Veteran's Monument.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
(626) 430-2294
Prepared by:
Berlyn Aguila, Management Analyst
Reviewed by:
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The City of Irwindale Veterans Memorial is dedicated to all men and women who have given their life in the service of their country. The names represented on the wall are of American veterans living or deceased, who have served in the U.S. Armed Forces, received an honorable discharge, lived in the City of Irwindale at some point in their life, or have made significant contributions to the Irwindale community as determined by the City Council.
City of Irwindale Veteran Monument Applications are accepted on a regular basis.
Applications received by June 30th along with a copy of a DD Form 214 or any other legal documentation verifying branch, rank, and honorable discharge, will be inscribed and honored at the following annual Veterans Day Ceremony.
The application for Irwindale resident Mr. Jesse Paul Marquez met all the requirements listed. If approved by the City Council, the inscription and military service will be honored on November 11, 2023, at the Veterans Day ceremony.
Fiscal Impact:
The adopted Fiscal Year 2023-2024 budget includes sufficient funding for this inscription.
No additional amount is being requested.
Attachments:
1. City of Irwindale Veterans Monument Application
2. DD Form 214
Page2
Office Use:
RECEIVED ,,. ~_,;,.,_ .iti ~ -v"'-> \ llliM'!im.4 a
NOV O 9 2022 ~ IRWINDALE
Date Rec'd: h/1b.')-
CITY OF IRWINDAfi"~ City of Irwindale
By: /JuM,fAf1"' "~
CITY CLERKS DEPT. Veterans Monument
Application
Any American Veteran, living or deceased, who served in the U.S. Armed Forces, received an honorable discharge, and lived in Irwindale at some point during his or her lifetime, or made a significant contribution to the Irwindale community (such as an employee or volunteer), as determined by the City Council, is eligible to have his or her name on the Irwindale Veterans Monument. Applications are accepted on a continuous basis. Only those applications received by June 30 of the application year and confirmed with a copy of a DD214 or other legal documentation verifying branch, rank and honorable discharge will be inscribed and honored at the following Annual Veterans' Day Ceremony*.
Please forward the application and all documents to:
Irwindale City Hall/Administration
5050 N. Irwindale Avenue
Irwindale, CA 91706
Select one of the following:
L2(city of Irwindale Resident (Complete Sections A, B, & D) D Non-Irwindale Resident Applicant (Complete Sections A, C, & D) SECTION A: VETERAN INFORMATION
List name as it is to appear on the monument:
/l/t\K__Q.,u £2- 'JE.0.::,2 1~1~-J L
Last Name First Name Middle Name or Initial . .. )
I l;\c_:/i J./:c_
_S~P~_s_· ______ .~J. cf-- /t?0 -~J ·::s.11(£
Branch I Last Rank Date of Service /
Phone No.: -Mail: ·
Select one of the following and provide the required information:
1-/1 Address at the time of entry D Address at the time of discharge LA. {!.A .. City State
Type of Discharge: florJ 0~,6-.t2l..ot::> Service No/SSN:
Veterans Monument Application
u\W .Hh\~>
t°!V1Clllgd ·. 11h\ }>
(Revised 3/22/2021)
SECTION B: IRWINDALE RESIDENCY INFORMATION
0Former Irwindale Resident
Provide Irwindale residency address:
[;]current Irwindale Resident
3-l 0 ( 7 - f}t;;:;:x:;,s1;;;t:-
From (Date)/To (Date)
SECTION C: NON-IRWINDALE RESIDENT INFORMATION
D Current or Former City of Irwindale
Employee (non-resident only)
Employment History:
Department
Volunteer History:
Ocommunity Volunteer
(requires council approval)
Position/Title From (Date)/To (Date)
From (Date)/To (Date): ________ Department: ________ _
Event/Activity: -------------------------
SECTION D: DECLARATION
I declare and affirm under penalty of perjury that the statements made herein are true and correct to the best of my knowledge. I understand that if I willfully misrepresent or recklessly disregard any fact on this application, the above name will not be engraved on the Irwindale Veterans Monument.
Signature: ~Q,,Jl -t1..c1,c09 -,
Printed Name: ~'b0£ 71~Li L !j'Az'G&<./:r:?z..Date: /I - "{ - Z-2-- *Applicants must receive confirmation of a submitted application from this office in order for the respective Veteran's name to be inscribed by the Veterans' Day Ceremony in November. Please call (626) 430- 2299 if you have not received confirmation within four weeks after your submission.
OFFICE USE ONLY
City Council Action Date (if required) : --------
Date Added to Monument:
Veterans Monument Application
D Approve D Deny
(Revised 3/22/2021)
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ARME CESOFTHE UNITED STATES
REPORT OF TR~NSFER M DISCHARGE
NA
G:JCity Council
OSuccessor Agency
DHousing Authority
OReclamation Authority
OJoint Powers Authority
Date: August 23, 2023
Oly rJ/
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Discussion and Direction for Translation Services City Manager's Recommendation:
CC Item 12
That the City Council of the City of Irwindale discuss and provide direction regarding the Parks and Recreation Commission's request for staff to use a translation service to translate City publications from English to Spanish.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Berlyn Aguila, Management Analyst
Reviewed by:
Elizabeth Rodriguez, Public Services Director
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
On June 1, 2022, the Parks and Recreation Commission made a request for the Recreation Department to translate the department's program and event flyers into Spanish. This request was followed up on May 3, 2023, requesting that all flyers be translated into Spanish.
City's Current Practice
The manner in which the City shares information with the community has changed due in large part to technological advancements. The City made a conscious effort several years ago to reduce its carbon footprint by reducing the number and frequency of resident mailers. To assist with this endeavor, the City utilizes its website and social media accounts to share information with the community.
In addition to posting department flyers for events and programs on the City website and social media, the City also offers residents the ability to receive communication in the mail. The City's current practice for resident mailings includes: 1) opt-in mailers and 2) citywide mailers. There are currently 51 residents who opt-in to receive the City's monthly mailer. This opt-in mailer includes department calendars and routine event and program flyers. On an annual basis, the City sends out a citywide mailer for residents to opt-in and receive monthly mailings. Additionally, the City sends out citywide mailers (mailings to all city residents), including the City Newsletter, job openings, new programs and events offered by departments, waste hauling services, community meetings and workshops, and other notices deemed of importance to mail citywide.
Although the request from the Commission was specific to the Recreation Department, other departments (Administration, Aquatics, Community Development, Engineering, Library, Police Department, Public Services, and Senior Center) prepare flyers for events and programs; therefore, all City publications have been considered in this analysis. The table below identifies the number of citywide resident flyers prepared for 2020, 2021, 2022, and through July 2023.
Opt-In CitvWide TOTAL
2020 16 118 134
2021 58 202 260
2022 116 111 227
2023 (Jan - Julv) 54 87 141
Survey Results
Staff conducted a survey (Attachment "A") to find out which cities translate city flyers, translation service providers, and the cost of translation services. As a follow-up to the survey, eight vendors were contacted to inquire about the cost of translating the City's flyers and newsletter from English to Spanish.
Staff estimates the annual cost to translate all City flyers and the City Newsletter is approximately $28,000.00. The average rate for translation services is $0.18 per word, along with a fixed desktop publishing (DTP) fee ranging from $15.00 to $70.00 per page.
On a yearly basis, the City sends out an average of 144 citywide flyers, 63 opt-in flyers, and six (6) bi-monthly newsletters. The average cost to translate is $111 for every doublesided flyer and $800 for a six (6) page newsletter. Translation services require four (4) business days, and a newsletter will require seven (7) business days.
Page2
Additional Information to Consider
1. In May 2019, staff presented a report to the City Council related to the production of a city newsletter, including translation costs. Due to the costs associated with staffing, printing, and translation services, the City Newsletter is currently printed every other month in English.
2. Due to time constraints, every flyer may not be able to be translated into Spanish (i.e., job announcements, time-sensitive information, urgent matters).
3. Staff currently translates some notices into Spanish (i.e., housing information, important workshops/community meetings, firework information, etc.).
Staff is available to explain information and services to the public in Spanish.
Options
Staff is requesting that the City Council consider one of the following options and provide direction to staff:
1. Continue with the current practice of only translating important citywide documents such as meetings/workshops. This is currently completed by staff; or
2. Translate all citywide flyers and the bi-monthly newsletter; or
3. Provide additional recommendations for consideration.
Fiscal Impact:
This agenda report has no fiscal impact.
Attachment:
1. Municipal Management Association of Southern California Survey
Municipal Management Association of Southern California Survey Agency Recommended Name of Vendor Types of Services Used bv Aaencv
Citv of Los Anneles Focus lnteroretina Notices
Citv of Carlsbad Lanauaae Line Solutions Verbal Translations City of Duarte International Effectiveness Flyers and election notices Center
LA County Treasurer Green Translations Mailing inserts, letters, and website content
City of La Verne ACP Publications and Digital water quality reports Marketina
City of Moorpark All Languages Interpreting Legal notices & Translation
Citv of Temole Citv Translation4all Election notices
Citv of Vernon & Glendale Reliable Translations Notices CC Item 13
lityof 0City Council
DSuccessor Agency
D Housing Authority
DReclamation Authority
DJoint Powers Authority
IRWINDALE.__ ____ ___,
Date:
To:
From:
AGENDA REPORT
August 23, 2023
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Consideration to extend the Hours of Operation for Transportation of Excavated Aggregates from the Olive Pit to United Rock Products Pit No. 2 until September 30, 2023.
City Manager's Recommendation:
That the City Council consider allowing United Rock Products, Inc. (United) to continue the current hours of operation for transportation of excavated aggregates from the Olive . Pit to United Rock Products Pit No. 2 (URP-2) until September 30, 2023. The current hours of operation are:
Monday to Friday 7 a.m. to 3 p.m.
Saturday 7 a.m. to 5 p.m. (Only the 2nct and 4th Saturday of each month) Administrative Action:
Submitted by:
Eddie Chan
Director of Engineering/City Engineer
Marilyn Simpson
Community Development Director
Prepared by:
Francisco Carrillo
Construction Compliance Manager
Reviewed by:
Adrian R. Guerra, City Attorney
01-005.00201841804.1
/})\Q4:t'it' i; "~tho /
Electronically approved
by City Attorney
Kambiz Borhani,
Finance Director I City Treasurer
Electronically Approved
Approved by:
Julian A Miranda, City Manager
Background and Analysis:
On April 26, 2023, the City Council approved the request from United Rock Products, Inc. (United) to extend their hours of operation for transportation of excavated aggregates from the Olive Pit to United Rock Products Pit No. 2 (URP-2) until August 31, 2023, and to re-evaluate United's request before granting another extension period provided United continues to make progress on the installation of the traffic signal at the Olive Pit entrance on Los Angeles Street.
Currently, United's operating hours for transportation of excavated aggregates from the Olive Pit to URP-2 are:
Monday to Friday
Saturday
7 a.m. to 3 p.m.
7 a.m. to 5 p.m. (Only the 2nd and 4th Saturday of each month) 1) Since the approval of the extended hours of operation, United continues to make progress on the installation of the traffic signal at the Olive Pit entrance on Los Angeles Street. The need for an encroachment permit from SCRRA (Metrolink) caused a delay to the completion of the project. City staff has been informed by Metrolink that United is very close to securing this permit. Thus, completion of the traffic signal is anticipated to be September 30, 2023. 2) United also continues its efforts to perform street sweeping at least three (3) times per day and continues its efforts to monitor and manage trucking speed. 3) United continues its efforts to obtain the final approval of the traffic signal at the intersection of Azusa Canyon Road and Los Angeles Street. Staff is currently assisting United to obtain a Right-of-Way dedication from the Southeast corner property for this proposed Traffic Signal Improvement. In cooperation with its consultants and various agencies, United anticipates the final approval of the design of this project in late 2023.
Based on Staff's assessment, United is meeting the City Council's criteria regarding the traffic signal construction at the Olive Pit entrance on Los Angeles Street. Therefore, Staff recommends allowing United to continue the hours of operation indicated above until September 30, 2023.
Fiscal Impact: None
Page2
SA Item 14A
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JULY 26, 2023
WEDNESDAY
8:02 P.M.
The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.
ROLL CALL: Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz; Mayor H. Manuel Ortiz Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering I Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION
ITEM NO. 12
MINUTES
ITEM NO. 13
WARRANTS
ITEM NO. 14
INVESTMENT
QUARTERLY REPORT
FOR FISCAL QUARTER
ENDING JUNE 30, 2023,
A motion was made by Councilmember Breceda, seconded by Mayor Ortiz, to approve the Consent Calendar. The motion was unanimously approved; Councilmember Breceda abstaining on Item No. 12A and Mayor Ortiz abstaining on Item No. 12B
MINUTES
The following minutes were approved:
A) Regular meeting held June 28, 2023 (Breceda abstained) B) Regular meeting held July 12, 2023 (Ortiz abstained)
WARRANTS
The warrants were approved.
INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER
ENDING JUNE 30, 2023 (Joint Item with City Council and Housing Authority)
The City Council, Successor Agency Board, and Housing Authority Board received and filed the Investment Quarterly Report for the fiscal quarter ending June 30, 2023.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS There were no speakers.
SUCCESSOR AGENCY MINUTES
REGULAR MEETING
JULY 26, 2023
PAGE2
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:03 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Accounts Payable
Checks by Date - Summary by Check Number
City of Irwindale as Successor Agency to the
Irwindale Community Redevelopment Agency
Check No Vendor No
80493 USBANK03
Vendor Name
US Bank Trust N.A.
SA Item 15
IRWINDALE
Check Date
08/10/2023
Report Total (I checks):
Check Amount
6,450.00
6,450.00
Electronic Payments
Successor Agency
July 2023
July I - 31, 2023
Number
5990348
5990760
Vendor Name
2005 Txble Hsg TA Prty Bd
2014 Txble HsgTA
Date
Report Total:
Amount
1,545,738.93
284,684.38
1,830,423.31
HA Item 16A
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JULY 26, 2023
WEDNESDAY
8:03 P.M.
The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.
ROLL CALL: Present: Board Members Mark A. Breceda, Larry G. Burrola; Manuel R. Garcia; Vice Chair Albert F. Ambriz; Chair H. Manuel Ortiz Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Christopher Hofford, Chief of Police; Theresa Olivares, Assistant Executive Director; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering I Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Assistant Authority Secretary
AB 2449 DISCLOSURES None.
CONSENT CALENDAR
MOTION
ITEM NO. 15
MINUTES
ITEM NO. 16
INVESTMENT
QUARTERLY REPORT
FOR FISCAL
QUARTER ENDING
JUNE 30, 2023
A motion was made by Board Member Breceda, seconded by Vice Chair Ambriz, to approve the Consent Calendar. The motion was unanimously approved; Boardmember Burrola abstaining on Item No. 15A and Chair Ortiz abstaining on Item No. 15C.
MINUTES
The following minutes were approved:
A) Special joint meeting held June 28, 2023
B) Regular meeting held June 28, 2023
C) Special joint meeting held July 12, 2023
INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER
ENDING JUNE 30, 2023 (Joint Item with City Council and Successor Agency)
The City Council, Successor Agency Board, and Housing Authority Board received and filed the Investment Quarterly Report for the fiscal quarter ending June 30, 2023.
END OF CONSENT CALENDAR
SPONTANEOUS
COMMUNICATIONS There were no speakers.
HOUSING AUTHORITY MINUTES
REGULAR MEETING
JULY 26, 2023
PAGE2
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:04 p.m.
Laura M. Nieto, MMC
Chief Assistant Authority Secretary