City of Irwindale
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430‐2200 • FACSIMILE: 962‐4209
AMENDED
NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE
CITY COUNCIL
SUCCESSOR AGENCY TO THE
IRWINDALE COMMUNITY REDEVELOPMENT AGENCY
HOUSING AUTHORITY
RECLAMATION AUTHORITY
SEPTEMBER 13, 2023
SPECIAL MEETING – 6:00 P.M.
REGULAR MEETING ‐ 6:30 P.M.
IRWINDALE CITY COUNCIL CHAMBER
Via Zoom Webinar at https://us02web.zoom.us/j/87104592389 Webinar ID: 871 0459 2389
Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website:
https://www.irwindaleca.gov/DocumentCenter/View/8075/AB‐2449‐Reasonable‐Accommodation‐Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430‐2200. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).
Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N. Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).
H. MANUEL ORTIZ
MAYOR
Albert f. ambriz
Mayor pro tem
MARK A. BRECEDA
councilmember
LARRY G. BURROLA
Councilmember
MANUEL R. GARCIA
Councilmember
September 13, 2023
Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.
We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.
We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.
We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.
We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.
Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.
These things we hereby pledge to do in the interest and purposes for which our government has been established.
Irwindale City Council
September 13, 2023
SPECIAL MEETING – 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers:, Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.
RECESS TO CLOSED SESSION
1. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
A) Property: 16154 Arrow Highway (APNS 8417‐029‐024 and 025) Agency negotiator: Marilyn Simpson, Community Development Director Negotiating parties: Rudolfo A. Dominguez Trustee
Under negotiation: Price and terms of payment
B) Property: 14905 Los Angeles Street, Irwindale CA
Agency negotiator: Julian Miranda, City Manager
Negotiating parties: Marianna Diaz
Under negotiation: Price and terms of payment
Note: This is a Housing Authority Item
2. Liability Claims
Pursuant to Government Code Section 54956.95
Claimant: Calmat Co. d.b.a. Vulcan Materials Company
Agency claimed against: City of Irwindale
3. Conference with Legal Counsel – Existing Litigation
[Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1)] Case Name: Eddie Arteaga vs. State of California, City of Irwindale, et al.
Case Number: 22STCV13949
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
*Special meeting agenda amended on Tuesday, September 12, 2023 at 4:09 p.m. to correct Item No. 3, highlighted above.
September 13, 2023
OPEN SESSION – 6:30 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: Councilmembers: Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz;
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances CHANGES TO THE AGENDA
COUNCIL MEMBER TRAVEL REPORTS
COUNCILMEMBER COMMENTS
INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
Introduction of Irwindale Police Officer Alberto Penaloza PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the City Council requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.
1. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
A) Special meeting held July 31, 2023
B) Regular meeting held August 23, 2023
C) Regular meeting held August 23, 2023
September 13, 2023
2. Warrants/Demands/Payroll
Department: Finance
Recommendation: Approve
3. Approve the Out of State Travel to the 59th Annual California Narcotic Officers Association (CNOA) Training Institute and Law Enforcement Expo for Detective Sergeant Greg Gomez, Detective Leonard Garza, and an additional (confidential) Detective Department: Police
Recommendation: Adopt Resolution No. 2023‐64‐3442 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE OUT‐OF‐STATE TRAVEL TO THE CALIFORNIA NARCOTIC OFFICERS ASSOCIATION (CNOA) TRAINING INSTITUTE AND LAW ENFORCEMENT EXPO FOR DETECTIVE SERGEANT GREG GOMZE, DETECTIVE LEONARD GARZA, AND AN ADDITION (CONFIDENTIAL) DETECTIVE, AND APPROPRIATING FUNDS”.
4. Amendment No. 1 to Contract Services Agreement with CWE for Professional Environmental Services for the National Pollutant Discharge Elimination System (NPDES) and other related services
Department: Engineering
Recommendation: Authorize the City Manager to execute Amendment No. 1 to Contract Services Agreement with CWE for Professional Environmental Services for the National Pollutant Discharge Elimination System (NPDES) and other related services.
5. Approval of Third Tolling Agreement between BKK Working Group and City of Irwindale Related to the BKK Landfills
Department: Legal Counsel
Recommendation: Authorize the City Manager to execute the Third Tolling Agreement between BKK Working Group and City of Irwindale that will extend the statute of limitations period to September 2026 for lawsuits related to cleanup of the BKK Landfill in West Covina.
6. Approval of Safe Streets and Roads for All (SS4A) Grant Agreement between City of Irwindale and U.S. Department of Transportation Federal Highway Administration in the Amount of $184,000 Department: Engineering
Recommendation:(1) Approve the grant agreement with the U.S. Department of Transportation Federal Highway Administration (FHWA) for the Safe Streets and Roads for All (SS4A) Grant Award; and (2) authorize the City Manager to execute the agreement upon approval as to form by the City Attorney.
September 13, 2023
7. Cost Sharing Agreement Renewal with the Los Angeles Gateway Region Integrated Regional Water Management Joint Power Authority to Continue Operating, Monitoring, and Performing Equipment Maintenance Pursuant to the Harbor Toxic Pollutants Total Maximum Daily Load Department: Engineering
Recommendation: (1) Authorize the City Manager to enter into an agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority to continue operating, monitoring, and performing equipment maintenance pursuant to the Harbor Toxic Pollutants Total Maximum Daily Load.
8. Acceptance of the 2022‐2023 Resurfacing Program: Residential Resurfacing Project – Phase II; P‐1043
Department: Engineering
Recommendation: (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.
9. Request to Approve a Project Reimbursement Agreement between the City and RIF III‐Irwindale LLC (“Applicant”) for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed Conditions of Approval, including CEQA, City Attorney, and contract planning costs associated with a proposed industrial building to be located at 15715 Arrow Highway (APN: 8619‐001‐059)
Department: Community Development
Recommendation: Approve the Project Reimbursement Agreement with RIF III‐Irwindale LLC for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed Conditions of Approval of the Project, including all CEQA work conducted and all necessary CEQA documents prepared by the CEQA consultant selected by the City as Lead Agency and costs incurred by the City’s Attorney’s office and contract planning services.
10. Request to Approve a Project Reimbursement Agreement between the City and Rexford Industrial – 14005 Live Oak, LLC (“Applicant”) for the reimbursement of costs associated with processing and negotiating permits, entitlements and proposed Conditions of Approval, including CEQA, City Attorney, and contract planning costs associated with a proposed industrial building to be located at 14005 Live Oak Ave (APNs: 8535‐001‐033) Department: Community Development
September 13, 2023
Recommendation: Approve the Project Reimbursement Agreement with Rexford Industrial – 14005 Live Oak, LLC for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed conditions of approval of the Project, including all CEQA work conducted and all necessary CEQA documents prepared by the CEQA consultant selected by the City as Lead Agency and costs incurred by the City’s Attorney’s office and contract planning services.
11. Request to approve Amendment No. 2 to the Professional Consulting Contract with Interwest Consulting Group and Resolution No. 2023‐68‐3446 approving an appropriation adjustment for the use of state grant funds for the Comprehensive Zoning Ordinance Update Department: Community Development
Recommendation: (1) Approve the contract Amendment No. 2 with Interwest Consulting Group for the preparation of the Comprehensive Zoning Ordinance Update; and (2) Approve Resolution No. 2023‐68‐3446 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, APPROVING APPROPRIATION ADJUSTMENTS FOR THE USE OF STATE GRANT FUNDS FOR THE COMPREHENSIVE ZONING ORDINANCE UPDATE”.
12. Request to Approve a Professional Contract Services Agreement with Kimley‐Horn and Associates, Inc for the preparation of CEQA documents for the construction of a ±102,400 square foot speculative industrial building with associated standard and trailer parking for the property located at 14005 Live Oak Ave (APN: 8535‐001‐033)
Department: Community Development
Recommendation: Approve the contract with Kimley‐Horn and Associates, Inc. for the preparation of an Initial Study with a Mitigated Negative Declaration and/or an Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 14005 Live Oak Ave, Irwindale, CA 91706.
13. Request to Approve a Professional Contract Services Agreement with ECORP Consulting, Inc for the preparation of CEQA documents for the construction of a ±105,000 square foot speculative industrial building with associated parking for the property located at 15715 Arrow Highway (APN: 5619‐001‐059).
Department: Community Development
Recommendation: Approve the contract with ECORP Consulting, Inc. for the preparation of an Initial Study with a Mitigated Negative Declaration and/or an Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 15715 Arrow Highway, Irwindale, CA 91706.
September 13, 2023
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot (except as stated) participate it is requested that all such communications be made in writing so as to be included on the next agenda for full discussion and action.
Any public member addressing the Board shall limit his or her address to three (3) minutes regarding the subject under discussion. If a member of the public wishes to donate their time to another speaker, both persons must be physically present and in attendance of the meeting. In no event shall any donations of time exceed six minutes of total speaking time per person on any one item. The Presiding Officer may, in his or her discretion, extend the 3‐minute time limitation for the particular subject under discussion for all speakers. In no event shall the total amount of speaking time exceed 6 minutes per person for the subject under discussion. Organized group of persons wishing to address the Board on the same subject matter, should select a spokesperson to represent the group, so as to avoid unnecessary repetition. The City Council may regulate a speaker who is speaking too long, being unduly repetitious, or extending discussion of irrelevancies.
In the hybrid format, both in‐person and hybrid audience members will participate in the following order:
Tier 1: In‐person attendees
Tier 2: Teleconference attendees
Tier 3: In‐person and teleconference attendees who have not previously provide comments on the matter(s) being discussed by the legislative body
NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
14. Introduction and First Reading of Ordinance No. 772 Pertaining to Adoption of Chapter 9.18 of Title 9 of the Irwindale Municipal Code Related to the Regulation of Unmanned Aircraft Systems and Drones
Department: Legal Counsel
Recommendation: It is recommended that the Irwindale City Council introduce for first reading by title only with further reading waived Ordinance No. 772, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING CHAPTER 9.18 (“DRONES AND UNMANNED AIRCRAFT SYSTEMS”) TO TITLE 9 (“PUBLIC PEACE, MORALS AND WELFARE”) TO THE IRWINDALE MUNICIPAL CODE RELATED TO THE OPERATION OF DRONES AND UNMANNED AIRCRAFT WITHIN THE CITY OF IRWINDALE AND ADOPTING CALIFORNIA CIVIL CODE SECTION 1708.8, CALIFORNIA PENAL CODE SECTION 402, SECTION 44809 OF UNITED STATES CODE TITLE 49, AND PART 107 OF UNITED STATES CODE OF FEDERAL REGULATIONS TITLE 14 BY REFERENCE” September 13, 2023
15. Amendments to City Donation Policy
Department: Administration
Recommendation: Discuss and provide direction to staff relating to possible amendments to the City’s Donation Policy.
16. Library Project Update – Verbal
17. Meridian Traffic Calming Measures ‐ Verbal
18. Grant Status Update – Verbal
19. Veteran’s Memorial Project Update – Verbal
PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
CITY MANAGER’S REPORT
REQUESTS BY COUNCILMEMBERS FOR FUTURE AGENDA ITEMS
ADJOURN
SUCCESSOR AGENCY TO THE IRWINDALE
COMMUNITY REDEVELOPMENT AGENCY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances
CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the governing body requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.
20. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
A) Regular meeting held August 23, 2023
September 13, 2023
21. Warrants
Department: Finance
Recommendation: Approve
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Successor Agency are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
ADJOURN
HOUSING AUTHORITY
AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances CONSENT CALENDAR
The Consent Calendar contains matters of routine business and is to be approved with one motion unless a member of the governing body requests separate action on a specific item. At this time, members of the audience may ask to be heard regarding an item on the Consent Calendar.
22. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
A. Regular meeting held August 23, 2023
23. Consideration of Approval of Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land for 16124 Calle de Paseo to Implement Equity Sharing Policy
Department: Community Development / Housing
Recommendation: (1) Approve Amendment No. 1 to Affordable Housing Agreement, Option to Purchase and Declaration of Covenants Running with Land between Irwindale Housing Authority September 13, 2023
and Kenneth Aguayo, Leonard Aguayo, and Valerie Sanchez; and (2) Authorize the Executive Director to execute Amendment No. 1 subject to Authority Counsel approval as to form.
SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience to speak on items not on this agenda.
Spontaneous Communications for the Housing Authority are subject to the same State prohibitions and City guidelines as cited on the City Council agenda.
NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
PUBLIC HEARINGS
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
ADJOURNMENT
RECLAMATION AUTHORITY
As required by Government Code section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting CONSENT CALENDAR
24. Minutes
Department: Administration / City Clerk
Recommendation: Approve the following minutes:
A. Regular meeting held June 5, 2023
25. 2023 3rd Quarter Mining Report of Nine (9) SMARA Pits Department: Public Works Engineering
Recommendation: Receive and file the report.
26. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2023 Department: Finance
Recommendation: Receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2023.
NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.
September 13, 2023
PUBLIC HEARING
At this time, members of the audience may ask to be heard regarding an item on Public Hearings.
ADJOURNMENT
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, Housing and Reclamation Authorities, to be held on September 13, 2023, be posted at the City Hall, Library, and Post Office on September 7, 2023.
Laura M. Nieto, MMC
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 1A
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
JULY 31, 2023
WEDNESDAY
5:00 P.M.
The Irwindale CITY COUNCIL met in special 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; Kambiz Borhani, Director of Finance I City Treasurer; Jeanette Duran, Finance Manager; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
STRAWS DRAWN
SPONTANEOUS
COMMUNICATIONS
NEW BUSINESS
ITEM NO. 1
PUBLIC HEARING
FOR IRWINDALE
BUSINESS CENTER
SEWER AND
STREET LIGHTING AND
MAINTENANCE
ASSESSMENT
DISTRICTS
FINANCE MANAGER
DURAN
OPEN
PUBLIC HEARING
COUNCILMEMBER
BURROLA
CLOSE
PUBLIC HEARING
After drawing straws, it was determined that Mayor Ortiz would be allowed to participate in discussing the matter at hand.
Councilmembers Breceda and Garcia left the meeting at 5:12 p.m.
None.
PUBLIC HEARING FOR IRWINDALE BUSINESS CENTER SEWER
AND STREET LIGHTING MAINTENANCE ASSESSMENT
DISTRICTS
Finance Manager Duran presented the report.
At 5:16 p.m., Mayor Ortiz opened the public hearing,
Councilmember Burrola asked clarifying questions, which Manager Duran and Director Borhani explained.
There being no additional speakers, Mayor Ortiz closed the public hearing at 5:19 p.m.
CITY COUNCIL MINUTES
SPECIAL MEETING
RESOLUTION NO.
2023-58-3436
ADOPTED
RESOLUTION NO.
2023-59-3437
ADOPTED
ADJOURNMENT
Resolution No. 2023-58-3436, entitled:
JULY 31, 2023
PAGE2
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2023-
2024, BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024,
FOR MAINTENANCE, OPERATION, AND CAPITAL
REPLACEMENT OF THE CITY'S SANITATION AND SEWAGE
SYSTEMS WITHIN THE SEWER MAINTENANCE DISTRICT
LOCATED WITHIN THE IRWINDALE BUSINESS CENTER," and
Resolution No. 2023-59-3437, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2023-
2024, BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024,
FOR MAINTENANCE OF STREET LIGHTING LOCATED WITHIN
THE EXISTING IRWINDALE BUSINESS CENTER STREET
LIGHTING MAINTENANCE DISTRICT," were adopted, on the motion of Mayor Pro Tern Ambriz, seconded by Councilmember Burrola, and unanimously approved; Councilmembers Breceda and Garcia absent.
There being no further business to conduct, the meeting was adjourned at 5:19 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
CC Item 1B
IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
AUGUST 23, 2023
WEDNESDAY
5:30 P.M.
The Irwindale CITY COUNCIL met in special 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
Absent: Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.
SPONTANEOUS
COMMUNICATIONS
RECESS TO
CLOSED SESSION
None.
At 5:34 p.m., the City Council met in Closed Session to discuss the following:
Conference with Legal Counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9
Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Discussed, update provided, direction provided to City Attorney; no reportable action taken (Councilmember Breceda did not participate due to a conflict of interest).
Conference with Legal Counsel - Anticipated Litigation
Initiation of Litigation Pursuant to California Government Code Section 54956.9 (d)(4)
Number of Cases: 1
ACTION: Discussed, information provided to the City Council; no reportable action taken (Councilmember Breceda did not participate due to a conflict of interest).
Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Adrian Guerra, Legal Counsel; Mary Hull, Human Resources Manager
Employee Organizations: Irwindale Police Officers Association
CITY COUNCIL MINUTES
SPECIAL MEETING
RECONVENE IN
OPEN SESSION
ADJOURNMENT
AUGUST 23, 2023
PAGE2
ACTION: Discussed, information provided to the City Council; no reportable action taken.
Liability Claims
Pursuant to Government Code Section 54956.95
Claimant: Calmat Co. d.b.a. Vulcan Materials Company
Agency claimed against: City of Irwindale
ACTION: Discussion held, update provided; no reportable action taken (Councilmember Breceda did not participate due to a conflict of interest).
At 6:32 p.m., the City Council reconvened in Open Session.
There being no further business to conduct, the meeting was adjourned at 6:33 p.m.
Laura M. Nieto, MMC
Chief Deputy City Clerk
IRWlNDALE CITY COUNCIL CHAMBERS I
5050 N. IRWINDALE AVENUE ...._ _______ ___,
CC Item 1C
AUGUST 23, 2023
WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:33 P.M.
The Irwindale CITY COUNCIL met in regular session at the above time and place.
ROLL CALL:
PLEDGE OF
ALLEGIANCE
Present: Councilmembers Mark A. Breceda, Larry G. Burrola Manuel R. Garcia; Mayor Pro Tern Albert F. Ambriz
Absent: Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Christopher Hofford, Chief of Police; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance I City Treasurer; Marilyn Simpson, Community Development Director; Eddie Chan, Director of Engineering I Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
The Pledge of Allegiance was led by Milah Butler.
AB 2449 DISCLOSURES None.
CHANGES TO THE
AGENDA
CITY MANAGER
MIRANDA
COUNCILMEMBER
TRAVEL REPORTS
COUNCILMEMBER
COMMENTS
MAYOR PRO TEM
AMBRIZ
INTRODUCTION OF
NEW EMPLOYEES I
PROMOTIONS
INTRODUCTION OF
IT TECHNICIAN
JONAMHAE CUCAL
City Manager Miranda advised that Item No. 9 would be moved to a meeting in September.
None.
Mayor Pro Tern Ambriz spoke on his attendance at a recent luncheon for Assemblymember Blanca Rubio and thanked her for the funding she helped provide for the City's new library project.
INTRODUCTION OF IT TECHNICIAN JONAMHAE CUCAL
The introduction was made.
CITY COUNCIL MINUTES
REGULAR MEETING
PROCLAMATIONS I
PRESENTATIONS I
COMMENDATIONS
CERTIFICATE OF
RECOGNITION TO
IGNACIO S. "NACHO"
MIRANDA
IRWINDALE CHAMBER
OF COMMERCE
BUSINESS OF THE
MONTH - TRILOGY
FINANCIAL
CERTIFICATE OF
RECOGNITION -
IRWINDALE AQUATICS
CERTIFICATES OF
RECOGNITION TO
IRWINDALE AQUATICS
LIFEGUARD TRAVIS
BRECEDA AND
ASST. POOL MGR.
VANESSA YANEZ
CONSENT CALENDAR
MOTION
ITEM NO. 1
MINUTES
ITEM NO. 2
WARRANTS/
DEMANDS/
PAYROLL
AUGUST 23, 2023
PAGE2
CERTIFICATE OF RECOGNITION TO IGNACIO S. "NACHO"
MIRANDA
The certificate of recognition was presented.
IRWINDALE CHAMBER OF COMMERCE BUSINESS OF THE
MONTH - TRILOGY FINANCIAL
The presentation was made.
CERTIFICATE OF RECOGNITION - IRWINDALE AQUATICS
The certificate was presented.
CERTIFICATES OF RECOGNITION TO IRWINDALE AQUATICS
LIFEGUARD TRAVIS BRECEDA AND ASSISTANT POOL
MANAGER VANESSA YANEZ
The certificates were presented.
A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar, with the exception of Item No. 7, which was pulled for separate consideration, and Item No. 9, which will come forward at a meeting in September, reading ordinances by title only and waiving further reading thereof.
The motion was unanimously approved; Mayor Ortiz absent.
MINUTES
The following minutes were approved:
A) Special joint meeting held July 19, 2023
B) Special meeting held July 26, 2023
C) Regular meeting held July 26, 2023
WARRANTS/DEMANDS/PAYROLL
The warrants I demands I payroll were approved.
CITY COUNCIL MINUTES
REGULAR MEETING
ITEM NO. 3
APPROVE PURCHASE
AGREEMENT TO
REPLACE AND
UPGRADE POLICE
DEPARTMENT'S
DISPATCH RADIO
CONSOLES
RESOLUTION NO.
2023-60-3438
ADOPTED
ITEM NO. 4
AMENDMENT NO. 3
TO THE REGIONAL
FOOD RECOVERY
PROGRAM MOA -
IRWINDALE AND THE
SGVCOG
RESOLUTION NO.
2023-61-3439
ADOPTED
ITEM NO. 5
APPROVE A
CONTRACT WITH CA
CONSUL TING, INC.
FOR GRANT WRITING
MANAGEMENT
SERVICES ON A
MONTH TO MONTH,
RETAINER BASIS
AUGUST 23, 2023
PAGE3
APPROVE PURCHASE AGREEMENT TO REPLACE AND
UPGRADE POLICE DEPARTMENT'S DISPATCH RADIO
CONSOLES
The City Manager was authorized to sign the Communications System and Services Agreement with Motorola Solutions dated June 13, 2023; the sole source purchase of 2 Motorola MCC7500E Dispatch Radio Consoles offered through a Los Angeles County contract in an amount not to exceed $423,519 was approved, and Resolution No. 2023-60-3438, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE APPROVING THE CITY MANAGER TO ENTER INTO
A PURCHASE AGREEMENT WITH MOTOROLA SOLUTIONS FOR
THE PURCHASE AND INSTALLATION OF 2 NEW POLICE
DEPARTMENT RADIO CONSOLES," was adopted.
AMENDMENT NO. 3 TO THE REGIONAL FOOD RECOVERY
PROGRAM MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF IRWINDALE AND THE SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
Resolution No. 2023-61-3439, entitled:
"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
REGIONAL ROOD 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 CAL RECYCLE REGULATIONS," was adopted.
APPROVE A CONTRACT WITH CALIFORNIA CONSUL TING, INC.
FOR GRANT WRITING MANAGEMENT SERVICES ON A MONTH
TO MONTH, RETAINER BASIS
CITY COUNCIL MINUTES
REGULAR MEETING
RESOLUTION NO.
2023-69-3447
ADOPTED
ITEM NO. 6
APPROVE A
CONTRACT WITH
JOE A. GONSALVES
& SON FOR LOBBYING
SERVICES
RESOLUTION NO.
2023-70-3448
ADOPTED
ITEM NO. 8
FIRST AMENDMENT
TO THE MOU - CITY
OF IRWINDALE AND
THE IPOA-JULY 1,
2020 - JUNE 30, 2024
Resolution No. 2023-69-3447, entitled:
AUGUST 23, 2023
PAGE4
"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," was adopted.
APPROVE A CONTRACT WITH JOE A. GONSALVES & SON FOR
LOBBYING SERVICES
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 AND SON FOR LOBBYING SERVICES," was
adopted.
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
The 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, was approved.
END OF CONSENT CALENDAR
ITEM NO. 7
APPROVAL OF
RESOLUTIONS
RELATING TO JOB
CLASSIFICATIONS
AND COMPENSATIONS
FOR CITY EMPLOYEES
COUNCILMEMBER
GARCIA
APPROVAL OF RESOLUTIONS RELATING TO JOB
CLASSIFICATIONS AND COMPENSATIONS FOR CITY
EMPLOYEES
As requested by Councilmember Garcia, City Manager Miranda discussed the staff report and the job classification for the proposed Inclusion Specialist position.
Councilmember Garcia also asked about funding for the proposed position, to which Director Borhani elaborated on the position's costs.
CITY COUN.CIL MINUTES
REGULAR MEETING
COUNCILMEMBER
BRECEDA
AUGUST 23, 2023
PAGE5
Councilmember Garcia requested that staff look into future opportunities for funding for this position, to which Director Rodriguez indicated that staff is working with California Consulting to determine whether there are funding opportunities available. She also spoke on the importance of this position and advised that the employee would assist various city departments with training on how to assist individuals with disabilities and I or behavioral issues.
Councilmember Garcia noted that the city already partners with the California Joint Powers Insurance Authority for training, to which Director Rodriguez advised that this type of training is not available through the CA JPIA.
Responding to a question by Councilmember Breceda, City Manager Miranda indicated that the position would be cost neutral this year due to the defunding of a position in the Engineering Department.
DIRECTOR RODRIGUEZ Director Rodriguez stressed the importance of the position and stated that it would be a detriment to the community if the position is only offered temporarily.
COUNCILMEMBER
BURROLA
RESOLUTION NO.
2023-65-3443
ADOPTED
RESOLUTION NO.
2023-66-3444
ADOPTED
ITEM NO. 9
ACCEPTANCE OF
THE 2022-2023
RESURFACING
PROGRAMRESIDENTIAL
RESURFACING
PROJECT - PHASE II
Councilmember Burrola concurred that different individuals have different needs and requested that staff continue to seek funding for the proposed position. He then acknowledged and thanked Recreation Manager Zepeda for bringing this position to the forefront.
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
ASSOCIATED JOB SPECIFICATION AND ELIMINATING THE
POLICE CORPORAL CLASSIFICATION," and
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," were
adopted, provided that staff continue searching for funding opportunities, on the motion of Councilmember Burrola, seconded by Councilmember Garcia, and unanimously approved; Mayor Ortiz absent.
ACCEPTANCE OF THE 2022-2023 RESURFACING PROGRAM -
RESIDENTIAL RESURFACING PROJECT- PHASE II; P-1043
This item was continued to a meeting in September.
CITY COUNCIL MINUTES
REGULAR MEETING
SPONTANEOUS
COMMUNICATIONS
BECKY BARBOSA
LUIS FARIAS
TONY NARANJO
ANDREW BLANSETT,
JC QUINTERO, AND
RAY MARTINEZ
LINDA MAREZ
NEW BUSINESS
ITEM NO. 10
LEGISLATIVE
UPDATE BY
GONSALVES & SON
JASON GONSALVES
COUNCILMEMBER
BRECEDA
COUNCILMEMBER
BURROLA
ITEM NO. 11
VETERAN'S
MONUMENT - OPTION
TO APPROVE OR DENY
NAME OF VETERAN
AUGUST 23, 2023
PAGE6
An email submitted by Becky Barbosa was read into the record wherein she commended the lifeguards and Assistant Pool Manager on duty during a recent incident at the pool.
Luis Farias, representing AMAROK Electrified Security Fence, read from a letter from their client, Old Dominion Freight Line, which is interested in protecting its assets through the use of electrified fencing.
Tony Naranjo spoke on a recent accident at Morada I Arrow Highway and requested that the City Engineer look into implementing traffic control measures at the intersection to increase safety.
Andrew Blansett, JC Quintero, and Ray Martinez all spoke in favor of allowing 626 Youth Athletics participants continue playing football in the City park, noting the many benefits that such a program provides to community youths.
Linda Marez concurred with the gentlemen and agreed that participating youths should be able to play various sports at the park.
LEGISLATIVE UPDATE BY GONSALVES & SON (Verbal)
Jason Gonsalves provided a verbal update.
Councilmember Breceda thanked the Gonsalves family for the work they have accomplished for the City.
Councilmember Burrola also thanked the Gonsalves family for their work and the update provided.
Responding to a comment by Councilmember Burrola, Mr. Gonsalves invited the Council to visit them in Sacramento, possibly in January or February, and meet with legislators and others.
VETERAN'S MONUMENT - OPTION TO APPROVE OR DENY
NAME OF VETERAN
CITY COUNCIL MINUTES
REGULAR MEETING
ASSISTANT CITY
MANAGER OLIVARES
MAYOR PRO TEM
AMBRIZ
ASSISTANT CITY
MANAGER OLIVARES
MOTION
ITEM NO. 12
DISCUSSION AND
DIRECTION FOR
TRANSLATION
SERVICES
ASSISTANT CITY
MANAGER OLIVARES
MOTION
ITEM NO. 13
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
DIRECTOR CHAN
AUGUST 23, 2023
PAGE 7
Assistant City Manager Olivares presented the staff report.
Mayor Pro Tern Ambriz stated that these types of matters should be handled administratively, and that the Council should decide whether non-residents should be included in the monument.
Assistant City Manager Olivares presented background information on previous staff procedures and explained why the matter was before the Council for consideration.
A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve adding applicant Jesse Marquez's name to the Veterans Monument, and that future applications from residents and I or former employees be verified and approved administratively, while applications from volunteers be brought to the Council for consideration. The motion was unanimously approved; Mayor Ortiz absent.
DISCUSSION AND DIRECTION FOR TRANSLATION SERVICES
Assistant City Manager Olivares presented the staff report.
A motion was made by Councilmember Garcia, seconded by
Councilmember Breceda, to continue the current practice of only translating important citywide documents such as meetings I workshops by city staff. The motion was unanimously approved; Mayor Ortiz absent.
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
Director Chan presented the report.
CITY COUNCIL MINUTES
REGULAR MEETING
COUNCILMEMBER
BURROLA
MOTION
PUBLIC HEARINGS
CITY MANAGER'S
REPORT
CITY MANAGER
MIRANDA
COUNCILMEMBER
BURROLA
COUNCILMEMBER
GARCIA
AUGUST 23, 2023
PAGES
Councilmember Burrola thanked United Rock staff for working hard on the construction of the traffic signal.
A motion was made by Councilmember Burrola, seconded by Councilmember Breceda, to allow United Rock Products, Inc. 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) util September 30, 2023. The current hours of operation are Monday to Friday, 7 a.m. to 3 p.m. and Saturday, 7 a.m. to 5 p.m. (only on the 2nd and 4th Saturday of each month). The motion was unanimously approved; Mayor Ortiz absent.
None.
City Manager Miranda presented his report.
1) City offices will be closed for Labor Day.
2) The comment deadline for the comprehensive zoning code update was extended to August 14. No additional comments were
received. The consultant is compiling answers to questions received and will post the information on the city website. 3) He provided an update on upcoming Library and Recreation activities.
4) The Police Department has received $20,970 to acquire bodyworn cameras. 5) LA County Public Works has finalized traffic signal improvements at the intersection on Irwindale and Cypress. City Engineering staff contacted County representatives to return and update the signal timing.
6) He provided a brief update on Phases IV and V of the Park Improvement Project.
In response to a request by Councilmember Burrola, Director Rodriguez provided an update on the upcoming Park Improvement Project Phases IV and V and the type of work and upgrades that would be performed. Councilmember Burrola asked about the potential removal of shrubbery, to which Director Rodriguez stated that staff would work with a qualified arborist who would make recommendations on whether to keep or remove shrubs and trees.
Councilmember Burrola also noted a dry area of greenery near the Recreation Center's front entrance, to which Director Rodriguez advised that staff would follow up on the concern. She added, however, that this area is not part of the upcoming project phases she referenced.
Councilmember Garcia suggested additional parking in light of increased park usage, to which Director Rodriguez stated that she
CITY COUNCIL MINUTES
REGULAR MEETING
REQUESTS BY
COUNCILMEMBERS
FOR FUTURE AGENDA
ITEMS
COUNCILMEMBER
BRECEDA
CITY MANAGER
MIRANDA
ADJOURNMENT
would follow up with Engineering staff.
AUGUST 23, 2023
PAGE9
Councilmember Breceda noted the concerns raised over the use of the park for various sports and indicated that he and City Manager Miranda have discussed ways to monitor the park's use and mitigate damage to the turf.
City Manager Miranda added that the next course of action would be discussed by the Parks & Recreation Commission, which would then make a recommendation to the Council.
There being no further business to conduct, the meeting was adjourned at 8:31 p.m., in memory of Dakota Grijalva and Robert Castro.
Laura M. Nieto, MMC
Chief Deputy City Clerk
Payroll Batch
DATE OF ISSUE
8/10/23
Payroll Batch
DATE OF ISSUE
8/24/23
CITY OF IRWINDALE
PAYROLL WARRANT REGISTER
August 2023
405-08-23, 406-08-23
DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
15 Summer Youth
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
419-08-23, 420-08-23, 422-08-23
DEPARTMENT
11 City Council
13 City Administrative Office
14 Finance Department
15 Summer Youth
35 Police Department
40 Recreation Department
41 Aquatics Department
42 Senior Citizens' Center
44 Library
51 Planning & Community Development
52 Public Works - Engineering
57 Public Works - Services
Gross Payroll
Required Deductions
Voluntary Deductions
Net Payroll
CC Item 2
AMOUNT
1,731.15
54,361.75
27,081.36
2,433.50
209,250.07
32,151.60
25,946.17
16,875.57
13,996.98
34,154.27
28,645.45
54,839.77
501,467.64
(139,050.33)
(19,882.64)
342,534.67
AMOUNT
5,529.62
55,641.06
27,099.56
206, 141.99
27,641.18
28,436.36
16,020.01
13,716.51
35,371.93
28,376.71
54,751.88
498,726.81
(136,779.96)
(21,535.66)
340,411.19
Accounts Payable ·-.·~
Checks by Date - Summary by Check Number ..
User; imarin
Printed: 91712023 12:04 PM
IRWINDALE -
Check No Vendor No Vendor Name Check Date Check Amount
80607 CINTAS Cintas Corporation #693 08/24/2023 358.40
80608 HO MEDE Home Depot Credit Services 08/24/2023 5,279.07 80609 MULTI02 Multi W Systems 08/24/2023 1,950.00
80610 OPPENOI Oppenheimer Investigations Group LLP 08/24/2023 3,765.50 80611 WALTO! Walters Wholesale Electric Co. 08/24/2023 741.36 80612 CALIF056 California State Disbursement Unit 08/24/2023 604.15 80613 CALIF057 California State Disbursement Unit 08/24/2023 143.07 80614 CITYOI City of Hope 08/24/2023 54.00
80615 !CEA Irwindale City Employee Assoc. 08/24/2023 803.00 80616 IMEA Irwindale Mgmt Employee Assoc. 08/24/2023 500.00 80617 IRWIND02 Irwindale Police Officers Assoc. 08/24/2023 2,828.00 80618 ALC004 Paloma Alcocer 08/24/2023 34.00
80619 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Mai 08/24/2023 198.00 80620 AT&T06 AT&T 08/24/2023 1,684.05
80621 AZUSALW Azusa Light & Water 08/24/2023 705.91
80622 BAKERlO Bakers Man Production 08/24/2023 900.00
80623 NESTOI Blue Triton Brands, Inc. 08/24/2023 1,014.05 80624 CALIF002 California American Water 08/24/2023 1,834.54 80625 CMRTAOl City of Carson CMRTA 08/24/2023 40.00
80626 FRAEROI Laura Fraer Snyder 08/24/2023 1,150.00
80627 HART02 Robert Hartman 08/24/2023 400.00
80628 LOPE25 Celia Lopez 08/24/2023 34.00
80629 LUNAAM Amelia Luna 08/24/2023 300.00
80630 LUUOI MiriumLuu 08/24/2023 77.00
80631 OPTUMOI OptumRx, Inc. 08/24/2023 38,076.50
80632 PARTOI Party Pronto, Inc 08/24/2023 418.00
80633 PITNEY06 Pitney Bowes, Inc 08/24/2023 238.14
80634 RODRIGO? Maria Rodriguez 08/24/2023 300.00
80635 RUBIO! Daniel Rubio 08/24/2023 75.00
80636 GASCOM SoCalGas 08/24/2023 2,721.44
80637 SCE02 Southern Califo1nia Edison 08/24/2023 78,922.34 80638 TPXOl TPX Communications 08/24/2023 2,612.95
80639 VALENC Laura Valencia 08/24/2023 300.00
80640 VALLEYOI Valley County Water District 08/24/2023 14,720.39 80641 ZHAN02 Jiangtao Zhang 08/24/2023 34.00
80642 TAGLEOI Cynthia Tagle 08/24/2023 20.00
80643 ZEPEDA04 Dena Zepeda 08/24/2023 75.00
80644 AMBRIZ05 Albert Ambriz 08/28/2023 50.30
80645 BOONEOI Vanessa Darlene Boone 08/28/2023 75.00
80646 BURROL08 Lany Burrola 08/28/2023 600.15
80647 BUSTA IO Joanna Bustamante 08/28/2023 75.00
80648 CARLO IO Mariela Carlos 08/28/2023 75.00
80649 CASIO! Jasmine Casillas 08/28/2023 20.00
80650 COLMOl Annette Colmenerio 08/28/2023 300.00
80651 COXOl Grace Cox 08/28/2023 300.00
80652 EVAN02 Theresa Evans 08/28/2023 20.00
80653 FLOREIO Anabel Flores 08/28/2023 75.00
AP Checks by Date M Summary by Check Number (9/7/2023 12:04 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
80654 GARC14 Karen Garcia 08/28/2023 20.00
80655 GONZAL21 Angel Gonzalez 08/28/2023 87.00
80656 INQUOI Stephanie lnquez 08/28/2023 37.00
80657 ISLAS IO Angelica Islas 08/28/2023 75.00
80658 LLANEZOI Josie Llanez 08/28/2023 75.00
80659 MORALOI Sylvia Moralez 08/28/2023 75.00
80660 PADOi Octavio Padilla 08/28/2023 75.00
80661 REINOSO! Javier Reinosa 08/28/2023 75.00
80662 RODRIO Darlene Rodriguez 08/28/2023 300.00
80663 TREJO! Rose Trejo 08/28/2023 5.00
80664 VAREOI Ruth Varela 08/28/2023 75.00
80665 VARGASOI Yvonne Vargas 08/28/2023 75.00
80666 VILLA II Raul Villa 08/28/2023 300.00
80667 BARBlO Rebecca Garcia Barbosa 08/28/2023 176.00
80668 ARIASOI Michael Arias 08/31/2023 4,074.00
80669 CORNEJOD Diego Cornejo 08/31/2023 2,187.00
80670 DOMINI2 Gilbert Dominguez 08/31/2023 75.00
80671 GONZALO? Raymond Gonzales 08/3112023 3,121.02
80672 LUNDO! Esperanza Lund 08/3112023 10.00
80673 PETTYC05 City oflrwindale Petty Cash 08/31/2023 59.49 80674 PACIFl13 Rene David LTD 08/31/2023 675.28
80675 ALLKOI All Kinds of BBQ 08/31/2023 1,265.12
80676 AMERIFID American Fidelity Assurance 08/3112023 8,693.50 80677 AMERIC34 American Fidelity Assurance Co 08/3112023 4,447.34 80678 AVILA06 Denise Avila 08/31/2023 75.00
80679 AyalaOI Leonor Ayala 08/31/2023 231.00
80680 BARAOI Frank Barajas 08/31/2023 300.00
80681 OROSC005 Rebecca Bardales 08/31/2023 52.85
80682 BARRAG03 Martha Barragan 08/31/2023 75.00
80683 WOOD02 Nathaniel Burrola-Woodard 08/31/2023 75.00 80684 CALIFOOI California Contract Cities 08/3112023 725.00 80685 PMIDEN Delta Dental Insurance Company 08/31/2023 897.44 80686 PMIDENOI Delta Dental of California 08/3112023 12,057.56 80687 ESPIN005 Ernesto Espino 08/3112023 1,500.00
80688 EVANS02 Gloria Evans 08/31/2023 300.00
80689 FLOREOI Karla Flores 08/3112023 840.00
80690 FONSEC02 Lydia Fonseca 08/31/2023 75.00
80691 GALLAOI Magdalena Gallardo 08/3112023 75.00
80692 GARCIA03 Manuel Garcia 08/3112023 1,559.25
80693 GONZAL31 Angelica Gonzales 08/3112023 75.00
80694 HIPOOI Alma Hipolito 08/31/2023 75.00
80695 HO MEDE Home Depot Credit Services 08/31/2023 1,523.05 80696 LLANEZOl Josie Llanez 08/31/2023 75.00
80697 PAIKOI Sumako Paik 08/31/2023 240.00
80698 PETTYC05 City of Irwindale Petty Cash 08/3112023 349.41 80699 RODRIIO Gisela Rodriguez 08/31/2023 75.00
80700 Rodrigue Rodolfo Rodriguez 08/3112023 300.00
80701 SMART& Smart & Final 08/3112023 326.94
80702 STANDAOI Standard Insurance Co. RV 08/31/2023 475.45 80703 STROBE03 Gary Strobehn 08/31/2023 75.00
80704 VISIONOl Vision Service Plan - (CA) 08/31/2023 6,380.10 80705 WAGONER Pamela Wagoner 08/31/2023 815.00
80706 WILLOl April Williams 08/31/2023 765.00
80707 ALTEOI Alternative Hose Incorporated 09/13/2023 29.69 80708 COMPLEOI Complete Paperless Solutions, LLC 09/13/2023 4,576.81 80709 COUNTY04 County of Los Angeles 09/13/2023 16,462.30 80710 CROSSOI Crosstown Elecrical & Data le. 09/13/2023 2,520.00 AP Checks by Date - Summary by Check Number (9/7 /2023 12:04 PM) Page 2 Check No Vendor No Vendor Name Check Date Check.Amount
80711 ITERIS Iteris, Inc. 09/13/2023 14,411.37
80712 COOR YE Samir M. Khoury 09/13/2023 3,458.50
80713 LINNOI Deborah Linn 09113/2023 1,426.63
80714 SOUTH09 Southern Computer Warehouse Inc, 09113/2023 909.78 80715 UNITED05 United Rentals, Inc. 09/13/2023 169.04
80716 VARIO! Vari Sales Corporation 09/13/2023 4,903.37 80717 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Mai 09113/2023 1,663.00 80718 AMAZON! Amazon Capital Services, Inc. 09113/2023 1,356.57 80719 ARAMOI Aramark Uniform & Career Apparel Group 09113/2023 16.95 80720 AZUSAPOI Azusa Plumbing Supply 09113/2023 460.72
80721 B&BTIR B & B Tires Service 09/13/2023 125.00
80722 BAKEROI Baker & Taylor Books 09/13/2023 715.91
80723 BAKERIO Bakers Man Production 09/13/2023 2,700.00 80724 MIJACA Balcon Holdings, Inc. 09/13/2023 184.00
80725 BARNEY Barney's Locksmith Service 09113/2023 132.30 80726 BILLST Bill's Truck Repair, Inc. 09/13/2023 1,291.62 80727 BURGUAO! Rene Burguan 09/13/2023 500.00
80728 CACE California Association of 09/13/2023 114.00
80729 SANGAB!l California Newspapers Partnership 09/13/2023 1,130.74 80730 CINTAS Cintas Corporation #693 09/13/2023 439.47
80731 CIVIC02 CivicPlus, LLC 09/13/2023 4,691.25
80732 DEPART06 Department Of Animal Care 09/13/2023 5,108.22 80733 EBSCOS EBSCO Subscription Services 09/13/2023 2,324.20 80734 ENV!R005 Environmental Science Associates (ESA) 09113/2023 9,710.25 80735 ESRIO! Esri, Inc. 09113/2023 1,870.00
80736 GARVEY Garvey Equipment Co 09113/2023 797.94
80737 GPSOl GPS Vehicle Tracking Solutions LLC 09/13/2023 499.00 80738 GRAING Grainger 09/13/2023 82.72
80739 HASAOl Hasa Inc. 09/13/2023 1,380.94
80740 HINDER Hinderliter, De Llamas & Assoc 09/13/2023 8,898.48 80741 JEEPEROI Jeepers Creepers Exterminating Inc. 09113/2023 230.00 80742 JOHNNY02 Johnny's Pool Service 09/13/2023 139.54
80743 KEYSER Keyser Marston Associates, Inc 09/13/2023 1,697.50 80744 KEYSTO Keystone Uniform Depot 09/13/2023 334.72
80745 LAKESHOl Lakeshore Leaming Materials,LLC 09/13/2023 1,360.03 80746 LANDSC Landscape Warehouse III Inc. 09/13/2023 56.87 80747 LAWEO! Law Enforcement Medical Services, Inc. 09/13/2023 90.00 80748 LEWISE Lewis Engraving, Inc. 09/13/2023 33.08
80749 LINNO! Deborah Linn 09/13/2023 2,948.37
80750 LSAOl LSAAssociates, Inc. 09/13/2023 10,456.25
80751 MIDAS Manuel C Muratalla 09/13/2023 7,031.25
80752 MARIPO Mariposa Landscapes, Inc. 09/13/2023 8,796.00 80753 MER CUR Mercury Fence Co., Inc. 09/13/2023 1,375.00 80754 MORO! Jimore Morgan 09113/2023 2,100.00
80755 MOTOROI Motorola Solutions, Inc. 09/13/2023 1,146.60 80756 PEARSOOI NCS Pearson, Inc 09/13/2023 66.00
80757 OFFICE03 ODP Business Solutions, LLC 09113/2023 64.32 80758 ORKINP Orkin Pest Control 09/13/2023 2,349.96
80759 PRO PRINT Pro Printing, Inc. 09113/2023 60.16
80760 SAFARI Safariland Ltd. Inc. 09/13/2023 4,847.46
80761 SANGAB13 San Gabriel Valley Council 09/13/2023 14,000.00 80762 NORTHR The Northridge Group, Inc. 09/13/2023 4,304.86 80763 TRIANGOI Triangle Truck Parts 09/13/2023 80.45
80764 UNITEDl5 United Refrigeration Inc 09113/2023 188.42 80765 UNITEDll United Site Services of CA Inc 09113/2023 589.50 80766 HDSUPOI WHITE CAP, L.P. 09/13/2023 76.09
80767 YTIRES YTire Sales 09113/2023 995.93
AP Checks by Date - Summary by Check Number (9/7 /2023 12:04 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Report Total (161 checks): 382,427.24
AP Checks by Date - Summary by Check Number (9/7 /2023 12:04 PM) Page4 CC Item 3
DCity Council
DSuccessor Agency
D Housing Authority
myif I IRWINDALE.__ ____ ____,
D Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the Out of State Travel to the 59th Annual California Narcotic Officers Association (CNOA) Training Institute and Law Enforcement Expo for Detective Sergeant Greg Gomez, Detective Leonard Garza, and an additional (confidential) Detective.
City Manager's Recommendation:
Adopt Resolution No. 2023-64-3442 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE APPROVING THE OUT-OF-STATE TRAVEL
TO THE CALIFORNIA NARCOTIC OFFICERS ASSOCIATION (CNOA) TRAINING
INSTITUTE AND LAW ENFORCEMENT EXPO FOR DETECTIVE SERGEANT GREG
GOMEZ, DETECTIVE LEONARD GARZA, AND AN ADDITIONAL (CONFIDENTIAL) DETECTIVE, AND APPROPRIATING FUNDS.
Administrative Action:
Submitted by:
Chris Hofford, Chief of Police
(626) 430-2200
Prepared by:
Greg Gomez , Detective Sergeant
Reviewed by:
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
In years past, the City Council of the City of Irwindale passed a resolution to limit travel to conferences and training to in-state travel due to budgetary limitations. This agenda item is seeking an exception to the restriction for Police Detective Sergeant Greg Gomez, Detective Leonard Garza, and an additional (confidential) Detective to attend an out-ofstate conference in Sparks, Nevada, in November 2023.
Each year the California Narcotic Officers Association (CNOA) holds a conference to discuss law enforcement emerging trends and technology and provide preparation of unexpected law enforcement situations. Now, more than ever, police detectives are embroiled in keeping up with organized drug trafficking organizations and finding a safe and viable way to keep their narcotics, weapons and ruthless tactics from the public at large. Drug trafficking organizations are constantly training and using some of the same technology as law enforcement to get their narcotics and weapons on our streets and ensuring their money makes it south of our border. The CNOA Conference provides innovative, comprehensive training and discussions on narcotics among police detectives and federal agents from around the country. It also provides insight from members of drug trafficking organization members that have been apprehended and now want to educate law enforcement on how the drug trafficking organizations operate and the tactics these organizations use.
In the past, investigative operations that the Irwindale Police Department has participated in has generated thousands of dollars in asset forfeiture money. The money seized from various drug trafficking organizations can be used for training and law enforcement operations under federal law.
The training from the CNOA Conference is not only beneficial to personal development for the detectives attending the conference, but more importantly, to the organization and the community the Irwindale Police Department serves. The CNOA Conference is a transitory event and the upcoming CNOA Conference is being hosted in Sparks, Nevada.
The Irwindale Police Department Detective Bureau has attended the CNOA Conference annually and would represent the Irwindale Police Department this year if approved.
Fiscal Impact:
There will be no fiscal impact to the General Fund. Funding for the CNOA Conference will be facilitated by using Federal Asset Forfeiture funds in the amount not to exceed $7,500.
The total cost for this conference is for all three detectives and sufficient funds exist in our asset forfeiture account.
Attachment: Resolution No. 2023-64-3442
Page2
RESOLUTION NO. 2023-64-3442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING
THE OUT-OF-STATE TRAVEL TO THE CNOA TRAINING INSTITUTE
AND LAW ENFORCEMENT EXPO IN SPARKS, NEVADA FOR DETECTIVE
SERGEANT GREG GOMEZ, DETECTIVE LEONARD GARZA, AND AN ADDITIONAL (CONFIDENTIAL) DETECTIVE
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by attending the California Narcotic Officers Association (CNOA) 5gth Annual Training Institute and Law Enforcement Exposition; and
WHEREAS, the CNOA conference will discuss emerging law enforcement tactics, training, trends, and technology, and the latest training and intelligence pertaining to drug trafficking organizations; and
WHEREAS, the CNOA conference provides innovative and comprehensive training for investigative personnel, and facilitates discussions among law enforcement detectives and federal agents from around the world; and
WHEREAS, the Irwindale Police Department's Detective Bureau has attended the CNOA conference annually and desires to represent Irwindale Police Department in the upcoming CNOA conference in Sparks, Nevada by sending three (3) detectives; and WHEREAS, the detectives' attendance at the CNOA conference will benefit the police organization and the community the Irwindale Police Department serves.
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines and orders as follows:
SECTION 1. Authorize the Irwindale Police Department Detective Bureau, consisting of Detective Sergeant Greg Gomez, Detective Leonard Garza, and an additional (confidential) Detective to attend the CNOA out-of-state conference in Sparks, Nevada in November 2023.
SECTION 2. The funding for the CNOA conference will be facilitated by using Federal Asset Forfeiture funds in the amount not to exceed $7,500 with no impact to the General Fund.
SECTION 3. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.
Resolution No. 2023-64-3442
PASSED, APPROVED AND ADOPTED this 13th day of September, 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-64-3442
H. Manuel Ortiz, Mayor
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-64-3442 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 13th day of September, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-64-3442
THE CALIFORNIA NARCOTIC OFFICERS' ASSOCIATION
59TH ANNUAL
TRAINING INSTITUTE & LAW
ENFORCEMENT EXPOSITION
c;<JCity Council
D Successor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
Cityqf
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC ltem4
Issue: Amendment No. 1 to Contract Services Agreement with CWE for Professional Environmental Services for the National Pollutant Discharge Elimination System (NPDES) and other related services
City Manager's Recommendation:
That the City Council authorize the City Manager to execute Amendment No. 1 to Contract Services Agreement with CWE for Professional Environmental Services for the National Pollutant Discharge Elimination System (NPDES) and other related services.
Administrative Action:
Submitted by:
Eddie Chan,
Director of Engineering/ Building Official
Prepared by:
Luis Pimentel, Associate Engineer
(626) 430-2259
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
01005.0006/921156.1
Electronically Approved
Background and Analysis:
The City of Irwindale is subject to the Los Angeles Countywide National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Water Sewer Permit (MS4 Permit), Order No. R4-2021-0175, from the California Regional Water Quality Board. The MS4 Permit requires permittees to develop and implement water quality control programs (ie.
BMPs) within their jurisdictions. These include NPDES storm water inspections at commercial and industrial facilities, public education, assisting property and business owners with applicable MS4 Permit(s) compliance, County and State storm water regulations, and appropriate document compliance requirements for existing and new development.
On September 14, 2022, the City Council approved a contract service agreement with CWE for Professional Environmental Services to provide National Pollutant Discharge Elimination System (NPDES) and other related services for the City in the amount of $132,122. CWE is reaching the end of their initial first year contract, and has been delivering excellent service to the City. Staff has requested CWE to submit a revised proposal that includes additional scope of work for the two-year contract extension.
CWE's proposal is included in the Attachments.
The contract service agreement allows for two (2) additional extended terms of two (2) years each, for a maximum contract term of five (5) years. Pursuant to Section 2.3 of the agreement, the City has the right to request extra work during the performance of the contract beyond what is specified in the Scope of Services of the contract. Additionally, amendments to the contract sum no greater than $19, 818.30 may be approved by the City Manager. Any amendments to the contract sum greater than $19, 818.30 must be approved by the City Council.
In general, the additional scope of work added to the original contract for this contract extension includes the following:
• CWE will review the inventory of City-owned facilities and identify up to three (3) retrofit opportunities to include stormwater BMPs in accordance of the Measure W Funding Requirement.
• CWE will perform a stormwater diversion and treatment BMP feasibility analysis for the proposed City Library.
• CWE will provide catch basin retrofit design plans to install Full Capture System (FCS) for the unprotected catch basins within the City.
CWE has submitted a proposal indicating a cost of $221,919 for the first year and $182,349 for the second year of this contract extension. The proposal reflects that as tasks being completed in the first year, the second year of this contract extension is anticipated to cost less than the first year.
The attached contract agreement amendment has been reviewed and approved the City Attorney's office.
Fiscal Impact:
The adopted budget for FY 2023-2024 includes sufficient amounts for this professional service contract. The total contract amount will be $221,919 for the first year of this twoyear extension. Of this amount, $114,919 will be funded through General Fund (Account No. 01-52-523-42381-0000); and $107,000 will be funded through Measure W Fund (Account No. 30-52-555-42381-0000) for a combined total approved budget of $221,919.
Public Works/Engineering Department will work with Finance Department during next year's budget preparation to include the cost for the second year of this two-year extension.
Attachments:
• Amendment No. 1 to Contract Agreement for Professional Environmental Services • CWE's proposal.
01005.0006/921156.1 Page3
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR
ENVIRONMENTAL SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) AND OTHER RELATED SERVICES
THIS AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR
ENVIRONMENTAL SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) AND OTHER RELATED SERVICES ("Amendment No. 1") is dated September 13, 2023, by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation ("City") and CWE, 1561 E. Orangethorpe Ave Suite 240, Fullerton, CA 92831-5202 ("Consultant") is effective as of the 23rd day of August, 2023.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated September 14, 2022 ("Agreement") whereby Consultant agreed to provide professional environmental services for the National Pollutant Discharge Elimination System (NPDES) and other related services ("Services").
B. Pursuant to Section 2.3 of the Agreement, the City is requesting additional work beyond the specified Scope of Service be done by CWE exceeding the maximum contract sum of One Hundred Thirty Two Thousand One Hundred Twenty Two and 00/100 Dollars ($132,122).
C. Pursuant to Section 2.3 of the Agreement, any increase in compensation up to fifteen percent (15%) of the Contract Sum, but not exceeding $19,818.30, may be approved by the Contract Officer. Any increase in compensation exceeding $19,818.30 must be approved by the City Council.
D. City and Consultant now desire to amend the Agreement to reflect the additional work outlined in Exhibit "A" Scope of Services and Exhibit "C" Schedule of Compensation that exceed the original maximum contract sum.
E. City and Consultant desire to amend the Agreement to reflect the change in contract terms outlined in Exhibit "D".
F. The City Council has approved and authorized this amendment to the Agreement pursuant to Section 2.3.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (deletions shown in strikethough and additions shown in bold italics).
A. Section 2.1 Contract Sum, is hereby amended to read in its entirety as follows:
01005. 0006/921177 .1
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 Two Hundred Twenty One - 1 -
Thousand Nine Hundred Nineteen and 001100 Dollars ($221,919) Gne HHndreEl Thirty Tws Thsusand Gae Hlffidred P.venty Tvffl and 00/100 Dsllafs ($132,122) ("Contract Sum"), unless additional compensation is approved pursuant to Section 2.3.
B. Exhibit "D" Schedule of Performance, is hereby amended to read in its entirety as follows:
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for the initial contract term of one (1) year with an option to extend the contract for two (2) additional extended terms of two (2) years each. The total maximum contract term will be five (5) years.
Contract term extension is contingent upon the Director of Engineering/Building Official approval. Contract term extension will be exercised based upon the level of satisfaction with services provided by the Consultant.
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. -2-
01005.0006/921! 77.l
[SIGNATURES ON FOLLOWING PAGE]
- 3 - 01005.0006/921177.l
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 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 IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
CONSULTANT:
CWE
By: ______________ _
Name:
Title:
Address: 1561 E. Orangethorpe Ave Suite 240
Fullerton, CA 92831-5202
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. -4-
01005.0006/921177. l
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2022 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S) NUMBER OF PAGES
D GUARDIAN/CONSERVATOR
D OTHER
SIGNER IS REPRESENTING: DATE OF DOCUMENT
(NAME OF PERSON(S) OR ENTITY(IES))
SIGNER(S) OTHER THAN NAMED ABOVE
0 l 005.0006/921177.l
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
Consultant will provide the required National Pollutant Discharge Elimination System (NPDES) Program Management services, including, but not limited to, the following Tasks (herein after referred to collectively as "Services"):
Task 1 - NPDES and MS4 Permit Management and Oversight
Task 1.1 - Project Management Coordination and Meetings Project management is critical for services to be completed on time and within budget. Project management efforts include administration and management of the contract, coordination and communication with the City, and participation in monthly project status update meetings. CWE will lead the project management task and provide guidance to contracted laboratories, conduct interagency coordination, perform task scheduling, budget tracking, and invoicing. CWE will proactively engage the City with timely and concise communications and anticipate feedback at various stages of implementation. CWE will schedule two (2) kickoff meetings and ten (I 0) progress update meetings (to be held virtually) for the contract period. In-person meetings are subject to additional costs associated with travel.
Task 1.2 - Annual Report and Semi-Annnal Data Submittal CWE will prepare receiving water and outfall monitoring results in California Environmental Data Exchange Network (CEDEN) format semi-annually no later than December 15th and June 15th for the preceding January 1st to June 30th and July 1st to December 31st reporting period. CWE will prepare an individual annual report, watershed annual report, and Trash TMDL annual report no later than December 15th for the preceding July 1st to June 30th reporting period. Reports will be provided to the City as an editable document to allow for easy commenting and revision tracking prior to finalizing the report and submission to the LARWQCB.
Based on the 2021 MS4 Permit, Permittees participating in a WMP are required to complete and submit a WMP Program Report semi-annually. However, the previously submitted IWMP was determined to be deficient in meeting the WMP requirements. The City has been implementing a baseline storm water management program, instead of the IWMP. Therefore, it is assumed the City is not required to submit the semi-annual WMP progress report. However, if one is required by the LARWQCB, CWE can provide a not-to-exceed fee estimate for this additional task.
Task 2 - Integrated Monitoring Program Implementation
Task 2.1- Receiving Water Monitoring Coordination
CWE understands the City coordinates with the Upper San Gabriel River (USGR) Coordinated Integrated Monitoring Program (CIMP) group and Los Angeles County Flood Control District (LACFCD) San Gabriel River Mass Emission Station (MES) to obtain receiving water monitoring data. CWE will assist the City with coordination efforts for the existing cost share agreement with the USGR CIMP group, and receiving water monitoring data request and reporting. 01005.0006/921174. l A-1
It is assumed that the City no longer needs to establish a cost share agreement with the Rio Hondo/San Gabriel River (RH/SGR) Water Quality Group (WQG), based on the revised Integrated Monitoring Program (IMP). If the LARWQCB requires the City to perform receiving water monitoring at Peck Road Park Lake, CWE can provide a not-to-exceed fee estimate for this additional task.
Task 2.2 - Stormwater Outfall-Based Monitoring
CWE will monitor and review National Weather Service (NWS) forecasts on a weekly basis between October 1st through April 15th. Weather forecasts for each sampling location will be tracked and saved to support decision making. Forecasts meeting the sampling trigger of 70% chance of over 0.25 inches of cumulative precipitation will be communicated to the City immediately for "go" or "no-go" concurrence. Upon written approval, CWE will initiate sampling preparation efforts, including preparing Chain-of-Custodies (CoCs), field observation forms, YSI field measurement device calibration, and sample bottle labels. A set of analyte-specific sample bottles for each monitoring station will be procured from the designated laboratories. Collected water samples will be immediately chilled on ice, returned to CWE in Fullerton under CoC, sorted by analytical laboratory, additional ice added when needed, and delivered to the corresponding laboratories. Following a wet-weather event, a post-event summary email will be sent to the City summarizing the following:
>- Sampling start and end time
>- Confirmation of sample delivery to laboratories
>- Summary of issues that occurred during the sampling event and if the issues were successfully resolved
>- Signed CoCs, completed field observation forms, and photo documentation This task assumes no false starts. CWE encourages the City to include a contingency budget in the event an unforeseen false start occurs.
2023-24 Fiscal Year
The revised IMP was not approved prior to the start of2023-24 season, on July 1, 2023. Therefore, CWE will continue to implement the City's 2016 approved IMP during the 2023-24 fiscal year.
The 2016 IMP identifies that stormwater outfall-based monitoring will be conducted three (3) times per year during wet-weather at the following locations:
>- Sawpit Wash (SA WPW-074A)
>- San Gabriel River (SGR-077)
>- Big Dalton Wash (BDW-027 A)
However, outfalls tributary to the San Gabriel River require four ( 4) wet-weather sampling events, due to requirements in the San Gabriel River and Impaired Tributaries Metals and Selenium TMDL. Unless instructed otherwise, CWE will perform four (4) monitoring events at SGR-077 andBDW-027A.
01005.0006/921174.1 A-2
CWE will identify a constituent list for wet-weather events, based on regulatory requirements, including applicable TMDLs, Basin Plan, and California Toxics Rule. The cost estimate for laboratory analyses is based on the following assumptions:
~ There were no exceedances of the Table E-2 constituents in the 2012 MS4 Permit. ~ Suspended sediment sampling will be conducted at SA WPW-074A. Although the IMP Table VI indicated SGR Reach 3 is impaired for suspended sediment, there is no approved TMDL for suspended sediment in SGR Reach 3. Therefore, CWE does not plan to conduct suspended sediment sampling at SGR-077 and BDW-027 A.
~ The City's IMP does not include field Quality Assurance and Quality Control (QAQC) procedures. However, field QAQC samples collected in conjunction with environmental samples are essential to verify data quality. Therefore, CWE will collect field blank and field duplicate samples at a frequency of 5% of total samples collected, based on the Surface Water Ambient Monitoring Program (SWAMP) Quality Assurance Program Plan. ~ There is insufficient time for CWE to obtain a LACFCD Access Permit to perform Stormwater Outfall-Based Monitoring prior to October 1, 2023. Stormwater Outfall-Based Monitoring will be performed at alternative monitoring locations identified in 2016 IMP. 2024-25 Fiscal Year
It is assumed that the revised IMP will be approved by the LARWQCB prior to July 1, 2024, and the revised IMP will be implemented during the 2024-25 fiscal year. Stormwater outfall-based monitoring will be performed at the following locations:
~ Sawpit Wash (MTD-1595)
~ San Gabriel River (SGR-077)
~ Big Dalton Wash (BDW-027A)
The cost estimate for laboratory analyses is based on the following assumptions:
~ CWE will coordinate with LACFCD to obtain an Access Permit to perform various tasks under theStormwater Outfall-Based Monitoring and Non-Stormwater Outfall-Based Monitoring programs. Itis assumed the City will be responsible for the permit application fee.
~ In coordination with the USGR CIMP Group, the City proposed to change the monitoring frequency at outfalls tributary to the San Gabriel River from four (4) times to three (3) times per storm season. The laboratory cost for SGR-077 and BDW-027 A is based on three (3) wet-weather events.
Task 2.3-Non-Stormwater Outfall-Based Monitoring (2024-25 Fiscal Year) CWE will develop and implement an outfall-based screening and monitoring program. Prior to the outfall screening, CWE will develop a written procedure explaining the screening criteria for outfalls with significant non-stormwater discharge, source investigation, and discharge elimination procedures. Three (3) screening events will be conducted in accordance with the developed procedures, a minimum of 72 hours after recorded precipitation, to inspect outfall characteristics and flow conditions. During the screening, photo documentation will be taken and a field observation form will be completed for each outfall to record observations, including but not limited to, GPS coordinates, outfall dimension, and approximate flow rate. A Geographic 01005.0006/921174.1 A-3
Information System (GIS) database, per the 2021 MS4 Permit, Attachment E VIII, will be prepared to include outfalls with a diameter of36-inches or greater. Up to five (5) source investigations will be conducted for outfalls identified as having a significant non-stormwater discharge. During the source investigation, water quality samples might be collected and submitted to laboratories to determine the composition of the discharge. The laboratory cost estimate is prepared based on five (5) samples within the Los Angeles River watershed.
Within 90 days after completing the outfall screening and source investigation for significant nonstormwater discharge, the 2021 MS4 Permit requires the City to perform monitoring at outfalls during dry-weather that are:
1. Comprised on conditionally exempt non-stormwater discharges
2. Continuing discharges attributed to illicit discharges
3. From unknown sources
It is unclear whether there are outfalls requiring non-stormwater outfall-based monitoring until the screening is complete. The required monitoring constituents vary based on the receiving water body the outfall discharges to. Due to the uncertainties, the cost estimate did not include nonstormwater outfall monitoring. CWE can prepare a separate scope and fee if the non-stormwater outfall-based monitoring is required.
Task 3 - Industrial and Commercial Facility Control Program Task 3.1 - Update Industrial and Commercial (I/C) Facility Database CWE will update the City's I/C facility database on CloudCompli annually, cross checldng with the City provided business license database and the industrial facilities listed in the Stormwater Multiple Application and Report Tracking System (SMARTS). As required by the MS4 Permit, a GIS database ofI/C facilities within the City will be created. Inspection frequency required in the 2021 MS4 Permit will be identified for the approximately 200 I/C facilities in the City. The I/C facility database will be updated following I/C facility inspections to identify closed, replaced, or new facilities. Based on the current CloudCompli database, there are 249 I/C facilities within the City. In 2022-23 fiscal year, CWE performed 150 mandatory inspections. We identified 43 facilities that are not an MS4 Permit defined I/C facility, 17 are out of business, and 48 industrial non-filers that require follow-up inspections.
Task 3.2 -1/C Facility Inspections
CWE's inspectors will utilize the CloudCompli software to create a new inspection report and fill in general site information prior to assessing site conditions. During the inspection, the CWE inspector will take note of BMPs implemented, assess BMP effectiveness, identify BMP deficiencies, document non-stormwater discharges and illicit connections, comment on missing BMPs that are identified in the facility's SWPPP, if applicable, and photograph areas of concern.
The CWE inspector will also work with the facility manager and/or responsible party to identify deficiencies and provide examples of BMP solutions to implement and mitigate the deficient condition. Following the site assessment, the inspector will answer Inspection Parameter questions in CloudCompli and provide comments on BMP conditions. When deficiencies are identified, the inspector will add the deficiency, and provide detailed descriptions, photo documentation, 01005.0006/921174.l A-4
corrective actions, and a correction due date. Throughout the course of the facility inspection, the CWE inspector will keep the City informed of major findings, violations, and/or discharge violations. These findings will be immediately communicated to the City for appropriate steps and enforcement action.
CWE will conduct follow-up inspections at problematic I/C facilities observed with deficiencies that require corrective actions. Based on experience, approximately 15% of the facilities will require a follow-up inspection. During the follow-up inspection, the CWE inspector will inspect deficient areas and note whether deficiencies were corrected. CWE will perform enforcement actions, including distributing Notice of Corrections (NOCs) and Notice of Violations (NOVs) with associated fines, for non-compliant facilities after one (1) CWE follow-up inspection.
Following the enforcement actions, the non-compliant facilities will be revisited to ensure that they continue to implement stormwater pollution prevention BMPs and illicit connections and/or discharges have been eliminated.
2023-24 Fiscal Year
There are 48 industrial non-filers, inspected during the 2022-23 fiscal year, that require follow-up inspections, if Permit coverage is not obtained after one month following the inspection. If the facility fails to obtain the Industrial General Permit coverage after one follow-up inspection, CWE will perform a NOV inspection. If after 60 days the subject facility does not obtain IGP coverage, CWE will assist by reporting non-filers to the LARWQCB. CWE will also perform inspections for approximately 30 facilities that are currently covered under IGP with a Notice ofintent (NOI). 2024-25 Fiscal Year
During the 2024-25 fiscal year, CWE will inspect approximately 150 commercial facilities, and perform up to 20 follow-up inspections.
Task 4 - Illicit Connections and Illicit Discharge (IC/ID) Program Task 4.1 IC/ID Source Investigation
CWE will assist the City with the implementation of IC/ID Program Procedures and Spill Response Plan. Once an illicit discharge is reported, CWE staff will visit the site within 24 hours to record visual observations, identify the source, and coordinate with the City and the identified discharger to contain and/or stop the discharge. Clean up and source investigation procedures following the written guidelines will be initiated within 72 hours of the illicit discharge report.
CWE staff will attempt to trace the illicit discharge upstream to identify potential sources. If the source of the illicit discharge is identified, CWE will coordinate with City Code Enforcement to notify the responsible party and issue necessary correction actions. Findings related to the reported illicit discharge will be documented and tracked for reporting purposes.
Task 5 - Public Agency Activities Programs
Task 5.1 City-Owned Facility Retrofit Opportunities
CWE will review the inventory of City-owned facilities and identify up to three (3) retrofit opportunities to include stormwater BMPs, in City parks, vacant lots, and rights-of-way. CWE will prepare a map overlaying parcels, land use, soil type, and existing storm drain system to identify up to three (3) potential locations suitable for retrofitting with regional stormwater capture and 01005.0006/921174.1 A-5
treatment BMPs. A retrofit project concept TM will be prepared to summarize the preliminary regional project opportunities and provide discussion on stormwater benefits, cost-effectiveness, accessibility, potential permit requirements, implementation timeline, and practicality.
Task 5.2 City Library Stormwater BMP Feasibility Analysis CWE understands that the City is planning to retrofit the City Library and would like to explore the possibility of including a stormwater diversion and treatment BMP. We have assumed that the stormwater collected will be treated and infiltrated on site. It is assumed that the City will perform the geotechnical exploration including infiltration tests, topographic survey, and utility search as a part of the project. A geotechnical report, topographic survey, and utility drawings will be provided to CWE for review and reference. CWE will perform a hydrology study, and preliminary BMP design calculations. An abbreviated feasibility analysis will be prepared to summarize the findings that will include sizing of the infiltration system, construction cost opinion, and a preliminary layout of the BMPs.
Safe, Clean Water Program (SCWP) has provided an opportunity for the Los Angeles County Community to enhance water quality, water supply and other tangible benefits. If the City selects to apply to the SCWP Technical Resource Program (TRP), CWE can provide a cost estimate for additional costs due to the extra SCWP requirements.
Task 6 - Post-Construction BMP Inspections
The 2021 MS4 Permit requires the post-construction BMPs to be inspected at least every two years to verify the proper functionality and maintenance activities. It is assumed that the City will provide the up-to-date post-construction BMP database. Prior to the field inspection, CWE will review the approved LID Plan to determine the post-construction structural BMP type(s) and location(s) onsite. It is assumed the City will provide the approved LID Plan, including the Operation and Maintenance (O&M) Plan and Maintenance Agreement, as a reference. The CWE inspector will verify general information of an LID site, as well as BMP type(s) and location(s) prior to the field inspection. CWE inspectors include licensed civil engineers, engineers-intraining, environmental scientists, and trained construction inspection professionals. Following the field assessment of post-construction BMPs, the CWE inspector will use the CloudCompli application on an iPad to upload photo documentation, record observations and comments, and indicate observed deficiencies. Throughout the course of the post-construction BMP inspection, the CWE inspector will keep the City project manager informed of major deficiencies, discharge violations, and actions that will require City enforcement. These findings will be immediately communicated to the City for appropriate steps and enforcement action. Enforcement actions will be incorporated into the CloudCompli inspection report after CWE receives City approval. Sixty (60) post-construction BMP inspections will be completed over the 2023-25 fiscal years.
Task 7 Public Information and Participation Program
CWE will participate in up to three (3) City organized community events annually to engage the public in stormwater planning and raise public awareness of stormwater program benefits and needs. CWE staff will provide EnviroScape demonstrations to children explaining the watershed concept and the importance of stormwater pollution prevention. It is assumed that the City will provide educational materials to be distributed during community events. 01005.0006/921174.1 A-6
Task 8 - Conditional Waiver for Peck Road Park Lake
The LARWQCB adopted the Conditional Waiver of Waste Discharge Requirements for Discharges of Trash from Nonpoint Sources in Waterbodies Subject to TMDLs for Trash on September 10, 2020. CWE will coordinate with the RH/SGR WQG to meet the requirements of implementing BMPs and a Minimum Frequency of Assessment and Collection (MF AC) program, and submitting a new trash monitoring and reporting program (TMRP). Although the deadline for the Peck Road Park Lake TMRP passed in September 2021, CWE is fully committed to work diligently with the City to meet the Conditional Waiver requirements for the Peck Road Park Lake.
Task 9 - Trash TMDL Compliance
Task 9.1 DGR Study
CWE will conduct a Trash TMDL Daily Generation Rate (DGR) Study on behalf of the City. The DGR will be determined from direct measurement of trash deposited in the drainage area during a 30-day period between June 22nd to September 22nd. The recommended method for a DGR study provided in the Los Angeles River Trash TMDL Staff Report will be utilized. Several catch basins will be selected based on the land use, pedestrian traffic volume, and accessibility. Selected catch basins will be closed in a manner that prevents trash from being swept into the catch basins. Field staff will manually collect and quantify the amount of trash within the drainage area of selected catch basins prior to street sweeping each week during the 30-day period. The DGR will be calculated as the total amount of trash collected divided by a total of 30 days for each selected catch basin. A DGR report will be prepared to summarize the method, field observations, and results.
Task 9.2 Catch Basin Retrofit Design
CWE will provide catch basin retrofit design plans to install Full Capture System (FCS) for the unprotected catch basins within the Los Angeles River watershed. Based on the City provided catch basin records, the following table summarizes the catch basins that are within the Los Angeles River watershed and potentially require retrofit.
CB Coordinates CB Type Ownership Notes
No.
CB326 34.118360, - Side LACFCD Los Angeles County Storm Drain System indicates 117.983958 openinq this catch basin is owned and maintained by the Citv.
CB335 34.118846, - Grate City Damaged grate (2018)
117.989288 inlet
CB345 34.114936, - Grate City
117.976176 inlet
CB346 34.114483, - Grate City Entirely filled with sediment (2018) 117.980396 inlet
CB347 34.114673, - Grate City Entirely filled with sediment (2018) 117.979067 inlet
CB348 34.114704, - Grate City Entirely filled with sediment (2018) 117.980441 inlet
CB387 34.116412, - Side LACFCD
118.001591 openinq
CB391 34.113847, - Side LACFCD Los Angeles County Storm Drain System indicates 118.003110 oPenina this catch basin is owned and maintained by the City. 01005.0006/921174.I A-7
CWE will prepare the LACFCD connection and construction permit applications. It is assumed that the City will pay for the permit application fees. The cost estimate is prepared for the retrofit/design compliance for eight (8) catch basins.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
TASKl:
I. Two (2) kickoff meetings and ten (10) progress update meetings.
11. Two (2) annual reports with associated watershed reports and four (4) semi-annual CEDEN submittals.
TASK2:
FY23-24
I. USGR CIMP group and MES coordination and communication 1i. Four (4) wet-weather sampling events and associated sunuriary emails FY 24-25
1. Three (3) wet-weather sampling events and associated summary emails; LACFCD Access Permit
ii. An updated GIS database of MS4 outfalls, Draft and Final Significant Discharge Identification and Elimination Procedures, and up to five (5) significant non-stormwater discharge source investigations.
TASK3:
FY23-24
I. I/C facility database
ii. 100 industrial inspections, including follow-ups and NOV, inspection forms and photo documentation, and associated enforcement actions
FY 24-25
i. 150 commercial facilities inspection, up to 20 follow-up inspections, inspection forms and photo documentation, and associated enforcement actions TASK4:
IC/ID source investigations (up to five [5] incidents)
TASKS:
I. Retrofit project concept TM
11. City Library Storm water BMP Feasibility Study
01005.0006/921174.1 A-8
TASK6:
Sixty (60) post construction BMP inspections, post-construction BMP inspection forms and photo documentation
TASK7:
Six ( 6) outreach events
TASKS:
Conditional Waiver Requirements for Peck Road Park Lake TASK9:
1. DOR Reports
11. Catch Basin Retrofit Design Plans
III. All work product is subject to review and acceptance by the City, aud 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. Principal-in-Charge/QA-QC Manager - Jason Pereira, PE, CPSWQ, QSD/P, QISP, CGP/IGP-ToR
b. Project Manager - Nan Jia, PE, QSD/P
c. Assistant Project Manager- Ryan Keams
d. Technical Resources - Gerry Greene, DEnv, PE, QEP, QSD/P e. Technical Resources - Alexa Reasoner
01005.0006/921174. l A-9
EXHIBIT "C"
SCHEDULE OF COMPENSATION
In connection with the Services provided pursuant to the terms of this Agreement, Consultant shall provide the Services at the cost and hourly rate as provided below. Expenses not listed below will not be reimbursed by the City, and no hourly fees or mileage will be charged for travel to and from City Hall.
I. Consultant shall perform the following Services at the following rates:
01005.0006/921174.1
Encjneer /Scientist
Prindpal
Senior ProjectManager
PrOjectManaQ3r
Tedirical Manager
Task Leader
Prlndpal ErQineer
Senicr Eng neer PrOjectEnoneer
staff Engineer
Assistant Engineer
::?enicr Envircnmenta! S::ientist
En'vlrcnmental 9:1entist
En\llrcnmental Analyst
construction Services
c.cnstructicn Manager
Senior caistructim Inspector
G:nstructiai InspeclDr
Field survev
Licensed 9Jr-.eyx
3-Persm 9.Jrvey a-ew 2-Perscn 9.Jrvey 0-ew
SUpoort Services
Lardscape Ardlltect
GIS sped al ist
Senior Eng mering T echri dan
Eng reering Techri d an
CACO Designer
PrOject Cocrdinator
Grapilc Ces!gner
Admlrlstrative Assistant
General
Drect Expenses
9.Jb::cntract Servia:!s
Q:>eda!ized G::lmpJtEr Ai::plicatims (per hcur)
Mileage
Field Vehide -Hwrly
Field Vehide -Daily
Field Vehide - Mmtllly
B&WPholDo:pies (per page)
O)or Photocq::tes (per page)
Rate/I-lour
$319
$3J6
$274
$247
$222
$al8
$190
$178
$157
$118
$189
$145
$106
$225
$165
$156
$215
$411
$336
$203
$145
$116
$102
$97
$135
$135
$128
Cost+ 10%
Cost+ 10%
$15
o..rrent JPS Rare
$1</lutr
$80/day
$1,500/mrnth
*1.10
W.50
Rctes will be OOjusted annueily based on the US Department of labor, Bureau of labor Stctistics, Consumer Price Index for All Urban Consumers.
Rctes For fie'd equipmmt, he<lth and safety equipmmt, and graphical supplies presented upon reQUest.
Based on C'WE maintaining Genera Liabrnty Insurance For bod~y injury and property damage with an aggre;iate lim!t of $2,000,000 per occurrence. In the evmt the client desires additional coverage, C'W'E will, upon the client's written reqUest, obtain additional Insurance .and .adjust the above bitting rctes accordingly.
C-1
Encineer /Scientist
Prindpal
sent or Froject Mana92r
Froject Mana92r
Techrical Manager
Task Lead8r
Frindpal Ergineer
Senicr Blg'neer
Froject Eng'neer
staff Blgineer
Assistant Ergineer
senicr Blvircnmental SCientlst
81\Arcnmental scientist
Eh\Arcnmental Analyst
c.onstructlon services
ccnstructicn Manager
2€n!or ccnstructicri Inspector
ccnstructicn Inspector
Field Survev
Licensed 9Jr\e1Qr
3-Perscri 9Jrvey Crew
2-Perscri 9Jrvey O-ew
SUpoort Services
Lamscape Architect
GIS "Pedalist
senior Ehg'neering Techridan
Ehijneering Techridan
CACO Desigrer
Froject ox:rdinaror
Grai:hlc Cesigner
Admitistrative Assistant
General
Orect Expenses
9Jlx:cntract Ser\/ices
"lOedallzed comp.ilEr Ar:pllcatlms (per hcur)
Miieage
Field Vehide -Hrurl y
Field Vehide -Daily
Field Vehide -Mcnlhly
B&WPho1JXX])ies (per page)
o:Jor Fhotoccpes (per page)
Rate /l-loUr
$337
$324
$a39
$260
$235
$220
$3ll
$188
$167
$125
$199
$153
$112
$234
$172
$162
$224
$428
$349
$214
$153
$123
$107
$102
$143
$142
$135
cost+ 10%
cost+ 10%
$15
o..rrent IRS Ral:e
$1:;/h:ll.r
$00/day
$1,9'.lO/mcnlh
$'.J.10
$'.J.9J
R<tes will be a::ljusted annud!y base:! on the US Department of Labor, Bureau of Labor St<ti9::ics, Consumer Price Index for All Urban Consumers.
R<tes for field equipmmt, hedth and safely equipmmt, and graphical supplies presentW upon request.
Based on CIM:. maintaining General Liability Insurance for bod~y Injury and property damage with an aggregate limlt of $2,000,000 per occurrence. In the event the client desires additional coverage, C'lll>f wUI, upon the d!ent's written reque9::, obtain additional I"~',.,.,..,,-,,. ""rl ,.rli11d ~h,,. ,.ru,,,.. hilli"n "*"'~ ,.,-.-nn-linnh' 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. 01005.0006/921174.I C-2
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $221,919 for Fiscal Year 2023- 24, and $182,349 for Fiscal Year 2024-25 for a total Not-to-Exceed amount of$404,268 for this two-year contract term, as provided in Section 2.1 of this Agreement.
Consultant's billing rates for all personnel are attached as Exhibit C-1 & C-2. 0 I 005.0006/921174.1 C-3
August 11, 2023
Sarah Rocha - Engineering Technician
City of Irwindale
Public Works Engineering Department
5050 North Irwindale Avenue
Irwindale, California 91706
Cover Letter
CWE
1561 E. ORANGETHORPE
AVENUE
SUITE240
FULLERTON, CA 92831-5202
(714) 526-7500 PHONE
(714) 526-7004 FAX
WWW .cwecorp.com
Proposal to Provide Environmental Management Services for the National Pollutant Discharge Elimination System (NPDES) and Other Related Services for 2023-25 Fiscal Years Dear Sarah,
For many firms, stormwater management is a side service line; however, CWE was founded specifically to provide specialized National Pollutant Discharge Elimination System (NPDES) services to public agencies.
Our clients trust us to initiate and complete complex stormwater planning assessments, even when no precedent exists. We have developed and implemented comprehensive stormwater management programs for over 50 Southern California municipalities, many of whom are within Los Angeles County limits that require extensive coordination with the Los Angeles Regional Water Quality Control Board (RWQCB). Our extensive expertise in stormwater management and Municipal Separate Storm Sewer System (MS4) Permit compliance is the foundation upon which our civil, environmental, and water resource practices were built. CWE will be honored to serve the City of Irwindale (City) using our MS4 Permit compliance expertise, along with attending to and supporting the City's many industrial and commercial business owners and operators in complying with complex and confusing MS4 Permit regulatory and reporting requirements.
CWE is pleased to submit this proposal as a promise to provide the leadership, commitment, and proven successful track record assisting Southern California municipalities stay in compliance with the NPDES MS4 Permit. We look forward to building a solid relationship with you and welcome the opportunity to further discuss our environmental management qualifications. This proposal will remain valid for a period of ninety (90) days from the date of this letter. If you have any questions or require additional information, please contact me at (714) 526-7500 Ext. 212 or [email protected].
Respectfully submitted,
CWE
\113-f~
Vik Bapna, PE, ENV SP, CPSWQ, QSD
Principal
"Creating a Better Tomorrow, Today.™"
City of Irwindale
Environmental Management Services for NPDES and Other Related Services 2023-25 Fiscal Years
Table of Contents
COVER LETTER ........................................................................................................................... I TABLE OF CONTENTS ................................................................................................................ II PROJECT APPROACH ................................................................................................................. 1 COST PROPOSAL ..................................................................................................................... 10 - ii -
City of Irwindale
Environmental Management Services for NPDES and Other Related Services 2023-25 Fiscal Years
Project Approach
ONE's proposed approach is described below for the two (2) fiscal year contract period:
Task 1 - NPDES and MS4 Permit Management and Oversight
Task 1.1 - Project Management Coordination and Meetings Project management is critical for services to be completed on time and within budget. Project management efforts include administration and management of the contract, coordination and communication with the City, and participation in monthly project status update meetings. CWE will lead the project management task and provide guidance to contracted laboratories, conduct interagency coordination, perform task scheduling, budget tracking, and invoicing. CWE will proactively engage the City with timely and concise communications and anticipate feedback at various stages of implementation. CWE will schedule two (2) kickoff meetings and ten (10) progress update meetings (to be held virtually) for the contract period. In-person meetings are subject to additional costs associated with travel.
Deliverables: Two (2) kickoff meetings and ten (10) progress update meetings.
Task 1.2 - Annual Report and Semi-Annual Data Submittal CWE will prepare receiving water and outfall monitoring results in California Environmental Data Exchange Network (CEDEN) format semi-annually no later than December 15'" and June 15th for the preceding January 151 to June 30'" and July pt to December 3pt reporting period. CWE will prepare an individual annual report, watershed annual report, and Trash TMDL annual report no later than December 15th for the preceding July pt to June 30th reporting period. Reports will be provided to the City as an editable document to allow for easy commenting and revision tracking prior to finalizing the report and submission to the LARWQCB.
Based on the 2021 MS4 Permit, Permittees participating in a WMP are required to complete and submit a WMP Program Report semi-annually. However, the previously submitted IWMP was determined to be deficient in meeting the WMP requirements. The City has been implementing a baseline stormwater management program, instead of the IWMP. Therefore, it is assumed the City is not required to submit the semi-annual WMP progress report. However, if one is required by the LARWQCB, CWE can provide a not-to-exceed fee estimate for this additional task.
Deliverables: Two (2) annual reports with associated watershed reports and four (4) semi-annual CEDEN submittals.
- 1 -
City of Irwindale
Environmental Management Services for NPDES and other Related Services 2023-25 Fiscal Years
Task 2 - Integrated Monitoring Program Implementation
Task 2.1 - Receiving Water Monitoring Coordination
CWE understands the City coordinates with the Upper San Gabriel River (USGR) Coordinated Integrated Monitoring Program (CIMP) group and Los Angeles County Flood Control District (LACFCD) San Gabriel River Mass Emission Station (MES) to obtain receiving water monitoring data. CWE will assist the City with coordination efforts for the existing cost share agreement with the USGR CIMP group, and receiving water monitoring data request and reporting.
It is assumed that the City no longer needs to establish a cost share agreement with the Rio Hondo/San Gabriel River (RH/SGR) Water Quality Group (WQG), based on the revised Integrated Monitoring Program (IMP). If the LARWQCB requires the City to perform receiving water monitoring at Peck Road Park Lake, CWE can provide a not-to-exceed fee estimate for this additional task.
Deliverables: USGR CIMP group and MES coordination and communication Task 2.2 - Stormwater Outfall-Based Monitoring
CWE will monitor and review National Weather Service (NWS) forecasts on a weekly basis between October 1'' through April 15'"· Weather forecasts for each sampling location will be tracked and saved to support decision making. Forecasts meeting the sampling trigger of 70% chance of over 0.25 inches of cumulative precipitation will be communicated to the City immediately for "go" or "no-go" concurrence.
Upon written approval, CWE will initiate sampling preparation efforts, including preparing Chain-ofCustodies (CoCs ), field observation forms, YSI field measurement device calibration, and sample bottle labels. A set of analyte-specific sample bottles for each monitoring station will be procured from the designated laboratories. Collected water samples will be immediately chilled on ice, returned to CWE in Fullerton under CoC, sorted by analytical laboratory, additional ice added when needed, and delivered to the corresponding laboratories. Following a wet-weather event, a post-event summary email will be sent to the City summarizing the following:
~ Sampling start and end time
~ Confirmation of sample delivery to laboratories
~ Summary of issues that occurred during the sampling event and if the issues were successfully resolved
~ Signed CoCs, completed field observation forms, and photo documentation This task assumes no false starts. CWE encourages the City to include a contingency budget in the event an unforeseen false start occurs.
2023-24 Fiscal Year
The revised IMP was not approved prior to the start of 2023-24 season, on July 1, 2023. Therefore, CWE will continue to implement the City's 2016 approved IMP during the 2023-24 fiscal year. The 2016 IMP - 2 -
City of Irwindale
Environmental Management Services for NPDES and Other Related Services 2023-25 Fiscal Years
identifies that stormwater outfall-based monitoring will be conducted three (3) times per year during wetweather at the following locations:
~ Sawpit Wash (SAWPW-074A)
~ San Gabriel River (SGR-077)
~ Big Dalton Wash (BDW-027A)
However, outfalls tributary to the San Gabriel River require four (4) wet-weather sampling events, due to requirements in the San Gabriel River and Impaired Tributaries Metals and Selenium TMDL. Unless instructed otherwise, CWE will perform four (4) monitoring events at SGR-077 and BDW-027A.
CWE will identify a constituent list for wet-weather events, based on regulatory requirements, including applicable TMDLs, Basin Plan, and California Toxics Rule. The cost estimate for laboratory analyses is based on the following assumptions:
~ There were no exceedances of the Table E-2 constituents in the 2012 MS4 Permit. ~ Suspended sediment sampling will be conducted at SAWPW-074A. Although the IMP Table VI indicated SGR Reach 3 is impaired for suspended sediment, there is no approved TMDL for suspended sediment in SGR Reach 3. Therefore, CWE does not plan to conduct suspended sediment sampling at SGR-077 and BDW-027A.
~ The City's IMP does not include field Quality Assurance and Quality Control (QAQC) procedures.
However, field QAQC samples collected in conjunction with environmental samples are essential to verify data quality. Therefore, CWE will collect field blank and field duplicate samples at a frequency of 5% of total samples collected, based on the Surface Water Ambient Monitoring Program (SWAMP) Quality Assurance Program Plan.
~ There is insufficient time for CWE to obtain a LACFCD Access Permit to perform Stormwater Outfall-Based Monitoring prior to October 1, 2023. Stormwater Outfall-Based Monitoring will be performed at alternative monitoring locations identified in 2016 IMP.
Deliverables: Four ( 4) wet-weather sampling events and associated summary emails 2024-25 Fiscal Year
It is assumed that the revised IMP will be approved by the LARWQCB prior to July 1, 2024, and the revised IMP will be implemented during the 2024-25 fiscal year. Stormwater outfall-based monitoring will be performed at the following locations:
~ Sawpit Wash (MTD-1595)
~ San Gabriel River (SGR-077)
~ Big Dalton Wash (BDW-027 A)
The cost estimate for laboratory analyses is based on the following assumptions:
- 3 -
City of Irwindale
Environmental Management Services for NPDES and Other Related Services 2023-25 Fiscal Years
l> CWE will coordinate with LACFCD to obtain an Access Permit to perform various tasks under the Stormwater Outfall-Based Monitoring and Non-Stormwater Outfall-Based Monitoring programs. It is assumed the City will be responsible for the permit application fee. l> In coordination with the USGR CIMP Group, the City proposed to change the monitoring frequency at outfalls tributary to the San Gabriel River from four ( 4) times to three (3) times per storm season. The laboratory cost for SGR-077 and BDW-027A is based on three (3) wetweather events.
Deliverables: Three (3) wet-weather sampling events and associated summary emails; LACFCD Access Permit
Task 2.3 - Non-Sformwater Outfall-Based Monitoring (2024-25 Fiscal Yem} CWE will develop and implement an outfall-based screening and monitoring program. Prior to the outfall screening, CWE will develop a written procedure explaining the screening criteria for outfalls with significant non-stormwater discharge, source investigation, and discharge elimination procedures.
Three (3) screening events will be conducted in accordance with the developed procedures, a minimum of 72 hours after recorded precipitation, to inspect outfall characteristics and flow conditions. During the screening, photo documentation will be taken and a field observation form will be completed for each outfall to record observations, including but not limited to, GPS coordinates, outfall dimension, and approximate flow rate. A Geographic Information System (GIS) database, per the 2021 MS4 Permit, Attachment E VIII, will be prepared to include outfalls with a diameter of 36-inches or greater. Up to five (5) source investigations will be conducted for outfalls identified as having a significant non-stormwater discharge. During the source investigation, water quality samples might be collected and submitted to laboratories to determine the composition of the discharge. The laboratory cost estimate is prepared based on five (5) samples within the Los Angeles River watershed.
Within 90 days after completing the outfall screening and source investigation for significant non-stormwater discharge, the 2021 MS4 Permit requires the City to perform monitoring at outfalls during dry-weather that are:
1. Comprised on conditionally exempt non-stormwater discharges
2. Continuing discharges attributed to illicit discharges
3. From unknown sources
It is unclear whether there are outfalls requiring non-stormwater outfall-based monitoring until the screening is complete. The required monitoring constituents vary based on the receiving water body the outfall discharges to. Due to the uncertainties, the cost estimate did not include non-stormwater outfall monitoring. CWE can prepare a separate scope and fee if the non-stormwater outfall-based monitoring is required.
Deliverables: An updated GIS database of MS4 outfalls, Draft and Final Significant Discharge Identification and Elimination Procedures, and up to five (5) significant non-stormwater discharge source investigations.
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City of Irwindale
Environmental Management Services for NPDES and other Related Services 2023-25 Fiscal Years
Task 3 - Industrial and Commercial Facility Control Program Task 3.1 - Update Industrial and Commercial (l/C) Facility Database CWE will update the City's I/C facility database on CloudCompli annually, cross checking with the City provided business license database and the industrial facilities listed in the Stormwater Multiple Application and Report Tracking System (SMARTS). As required by the MS4 Permit, a GIS database of I/C facilities within the City will be created. Inspection frequency required in the 2021 MS4 Permit will be identified for the approximately 200 I/C facilities in the City. The I/C facility database will be updated following I/C facility inspections to identify closed, replaced, or new facilities. Based on the current CloudCompli database, there are 249 I/C facilities within the City. In 2022-23 fiscal year, CWE performed 150 mandatory inspections. We identified 43 facilities that are not an MS4 Permit defined I/C facility, 17 are out of business, and 48 industrial non-filers that require follow-up inspections.
Deliverables: I/C facility database
Task 3.2 - l/C facility Inspections
CWE's inspectors will utilize the CloudCompli software to create a new inspection report and fill in general site information prior to assessing site conditions. During the inspection, the CWE inspector will take note of BMPs implemented, assess BMP effectiveness, identify BMP deficiencies, document nonstormwater discharges and illicit connections, comment on missing BMPs that are identified in the facility's SWPPP, if applicable, and photograph areas of concern. The CWE inspector will also work with the facility manager and/or responsible party to identify deficiencies and provide examples of BMP solutions to implement and mitigate the deficient condition. Following the site assessment, the inspector will answer Inspection Parameter questions in CloudCompli and provide comments on BMP conditions.
When deficiencies are identified, the inspector will add the deficiency, and provide detailed descriptions, photo documentation, corrective actions, and a correction due date. Throughout the course of the facility inspection, the CWE inspector will keep the City informed of major findings, violations, and/or discharge violations. These findings will be immediately communicated to the City for appropriate steps and enforcement action.
CWE will conduct follow-up inspections at problematic I/C facilities observed with deficiencies that require corrective actions. Based on experience, approximately 15% of the facilities will require a follow-up inspection. During the follow-up inspection, the CWE inspector will inspect deficient areas and note whether deficiencies were corrected. CWE will perform enforcement actions, including distributing Notice of Corrections (NOCs) and Notice of Violations (NOVs) with associated fines, for non-compliant facilities after one (1) CWE follow-up inspection. Following the enforcement actions, the non-compliant facilities will be revisited to ensure that they continue to implement stormwater pollution prevention BMPs and illicit connections and/or discharges have been eliminated. 2023-24 Fiscal Year
There are 48 industrial non-filers, inspected during the 2022-23 fiscal year, that require follow-up inspections, if Permit coverage is not obtained after one month following the inspection. If the facility fails to obtain the Industrial General Permit coverage after one follow-up inspection, CWE will perform a - 5 -
City of Irwindale
Environmental Management Services for NPDES and Other Related Services 2023-25 Fiscal Years
NOV inspection. If after 60 days the subject facility does not obtain !GP coverage, CWE will assist by reporting non-filers to the LARWQCB. CWE will also perform inspections for approximately 30 facilities that are currently covered under !GP with a Notice of Intent (NOi).
Deliverables: 100 industrial inspections, including follow-ups and NOV, inspection forms and photo documentation, and associated enforcement actions
2024-25 Fiscal Year
During the 2024-25 fiscal year, CWE will inspect approximately 150 commercial facilities, and perform up to 20 follow-up inspections.
Deliverables: 150 commercial facilities inspection, up to 20 follow-up inspections, inspection forms and photo documentation, and associated enforcement actions Task 4 - Illicit Connections and Illicit Discharge (IC/ID) Program Task 4.1 IC/ID Source Investigation
CWE will assist the City with the implementation of IC/ID Program Procedures and Spill Response Plan.
Once an illicit discharge is reported, CWE staff will visit the site within 24 hours to record visual observations, identify the source, and coordinate with the City and the identified discharger to contain and/or stop the discharge. Clean up and source investigation procedures following the written guidelines will be initiated within 72 hours of the illicit discharge report. CWE staff will attempt to trace the illicit discharge upstream to identify potential sources. If the source of the illicit discharge is identified, CWE will coordinate with City Code Enforcement to notify the responsible party and issue necessary correction actions. Findings related to the reported illicit discharge will be documented and tracked for reporting purposes.
Deliverables: IC/ID source investigations (up to five [5) incidents) Task 5 - Public Agency Activities Programs
Task 5.1 City-Owned facility Retrofit Opportunities
CWE will review the inventory of City-owned facilities and identify up to three (3) retrofit opportunities to include stormwater BMPs, in City parks, vacant lots, and rights-of-way. CWE will prepare a map overlaying parcels, land use, soil type, and existing storm drain system to identify up to three (3) potential locations suitable for retrofitting with regional stormwater capture and treatment BMPs. A retrofit project concept TM will be prepared to summarize the preliminary regional project opportunities and provide discussion on stormwater benefits, cost-effectiveness, accessibility, potential permit requirements, implementation timeline, and practicality.
Deliverables: Retrofit project concept TM
- 6 -
City of Irwindale
Environmental Management Services for NPDES and other Related Services 2023-25 Fiscal Years
Task Cily library Stormwater BMP Feasibility Analysis
CWE understands that the City is planning to retrofit the City Library and would like to explore the possibility of including a stormwater diversion and treatment BMP. We have assumed that the stormwater collected will be treated and infiltrated on site. It is assumed that the City will perform the geotechnical exploration including infiltration tests, topographic survey, and utility search as a part of the project. A geotechnical report, topographic survey, and utility drawings will be provided to CWE for review and reference. CWE will perform a hydrology study, and preliminary BMP design calculations. An abbreviated feasibility analysis will be prepared to summarize the findings that will include sizing of the infiltration system, construction cost opinion, and a preliminary layout of the BMPs.
Safe, Clean Water Program (SCWP) has provided an opportunity for the Los Angeles County Community to enhance water quality, water supply and other tangible benefits. If the City selects to apply to the SCWP Technical Resource Program (TRP), CWE can provide a cost estimate for additional costs due to the extra SCWP requirements.
Deliverables: City Library Stormwater BMP Feasibility Study Task 6 - Post-Construction BMP Inspections
The 2021 MS4 Permit requires the post-construction BMPs to be inspected at least every two years to verify the proper functionality and maintenance activities. It is assumed that the City will provide the upto-date post-construction BMP database. Prior to the field inspection, CWE will review the approved LID Plan to determine the post-construction structural BMP type(s) and location(s) onsite. It is assumed the City will provide the approved LID Plan, including the Operation and Maintenance (O&M) Plan and Maintenance Agreement, as a reference. The CWE inspector will verify general information of an LID site, as well as BMP type(s) and location(s) prior to the field inspection. CWE inspectors include licensed civil engineers, engineers-in-training, environmental scientists, and trained construction inspection professionals. Following the field assessment of post-construction BMPs, the CWE inspector will use the CloudCompli application on an iPad to upload photo documentation, record observations and comments, and indicate observed deficiencies. Throughout the course of the post-construction BMP inspection, the CWE inspector will keep the City project manager informed of major deficiencies, discharge violations, and actions that will require City enforcement. These findings will be immediately communicated to the City for appropriate steps and enforcement action. Enforcement actions will be incorporated into the CloudCompli inspection report after CWE receives City approval. Sixty (60) post-construction BMP inspections will be completed over the 2023-25 fiscal years.
Deliverables: Sixty (60) post construction BMP inspections, post-construction BMP inspection forms and photo documentation
Task 7 Public Information and Participation Program
CWE will participate in up to three (3) City organized community events annually to engage the public in stormwater planning and raise public awareness of stormwater program benefits and needs. CWE staff will provide EnviroScape demonstrations to children explaining the watershed concept and the - 7 -
City of Irwindale
Environmental Management Services for NPDES and Other Related Services 2023-25 Fiscal Years
importance of stormwater pollution prevention. It is assumed that the City will provide educational materials to be distributed during community events.
Deliverables: Six (6) outreach events
Task 8 - Conditional Waiver for Peck Road Park lake
The LARWQCB adopted the Conditional Waiver of Waste Discharge Requirements for Discharges of Trash from Nonpoint Sources in Waterbodies Subject to TMDLs for Trash on September 10, 2020. CWE will coordinate with the RH/SGR WQG to meet the requirements of implementing BMPs and a Minimum Frequency of Assessment and Collection (MFAC) program, and submitting a new trash monitoring and reporting program (TMRP). Although the deadline for the Peck Road Park Lake TMRP passed in September 2021, CWE is fully committed to work diligently with the City to meet the Conditional Waiver requirements for the Peck Road Park Lake.
Deliverables: Conditional Waiver Requirements for Peck Road Park Lake Task 9 - Trash TMDL Compliance
Task 9.1 DGR Study
CWE will conduct a Trash TMDL Daily Generation Rate (DGR) Study on behalf of the City. The DGR will be determined from direct measurement of trash deposited in the drainage area during a 30-day period between June 22nd to September 22nd. The recommended method for a DGR study provided in the Los Angeles River Trash TMDL Staff Report will be utilized. Several catch basins will be selected based on the land use, pedestrian traffic volume, and accessibility. Selected catch basins will be closed in a manner that prevents trash from being swept into the catch basins. Field staff will manually collect and quantify the amount of trash within the drainage area of selected catch basins prior to street sweeping each week during the 30-day period. The DGR will be calculated as the total amount of trash collected divided by a total of 30 days for each selected catch basin. A DGR report will be prepared to summarize the method, field observations, and results.
Deliverables: DGR Reports
Task 9.2 Catch Basin Retrofit Design
CWE will provide catch basin retrofit design plans to install Full Capture System (FCS) for the unprotected catch basins within the Los Angeles River watershed. Based on the City provided catch basin records, the following table summarizes the catch basins that are within the Los Angeles River watershed and potentially require retrofit.
- 8 -
CB326
CB335
CB345
CB346
CB347
CB348
CB387
CB391
City of Irwindale
Environmental Management Services for NPDES and Other Related Services 2023-25 Fiscal Years
34.118360, - Side opening 117.983958
34.118846, - Grate inlet 117.989288
34.114936, - Grate inlet 117.976176
34.114483, - Grate inlet 117.980396
34.114673, - Grate inlet 117.979067
34.114704, - Grate inlet 117.980441
34.116412, - Side opening 118.001591
34.113847, - Side opening 118.003110
LACFCD
City
City
City
City
City
LACFCD
LACFCD
Los Angeles County Storm Drain
System indicates this catch basin
is owned and maintained by the
City.
Damaged grate (2018)
Entirely filled with sediment
(2018)
Entirely filled with sediment
(2018)
Entirely filled with sediment
(2018)
Los Angeles County Storm Drain
System indicates this catch basin
is owned and maintained by the
City.
CWE will prepare the LACFCD connection and construction permit applications. It is assumed that the City will pay for the permit application fees. The cost estimate is prepared for the retrofit/design compliance for eight (8) catch basins.
Deliverables: Catch Basin Retrofit Design Plans
- 9 -
City of Irwindale
Environmental Management Services for NPDES and other Related Services 2023-25 Fiscal Years
Cost Proposal
Based on the scope of services described above, the total Not-to-Exceed fee for the 2023-25 fiscal years is $404,268. Not-to-Exceed Amount of $221,919 for fiscal year 2023-24, and Not-to-Exceed amount of $182,349 for fiscal year 2024-25. The detailed cost estimation by task and fiscal year is included below. - 10 -
City of Irwindale Environmental Management Services for the National Pollutant Discharge Elimination System (NPDES) and Other Related Services 2023-24 fiscal Year
Professional Service Fee
1/2023 Sc. Project Project Staff Senior Eov Principal Project Mananer Manager Engineer Engineer Env Sci Scientist
Total $319 $306 $274 $178 $157 $189 $145
1 NPDES and MS4 Permit Manaaement and Oversinht
1.1 Proiect Mananement Coordination and Meetinas $6,126 3 3 15
1.2 Annual Rer:ort and Semi-Annual Data Submittal $14,676 4 4 8 16 48 SUBTOTAL TASK 1 $20,802
2 Intec rated Monitorina Prori ram lmri lementation
2.1 Receivino Water Monitorino Coordination $2,511 1 8
2.2 Stormwater Outfall Based Monitorinn $40,621 2 8 54
SUBTOTAL TASK 2 $43,132
-·L- Industrial and Commercial facili!Y: Control Program
3.1 Uodate Industrial and Commercial Facilitv Database $4,732 2 16
3.2 Industrial Facilihl Insnections $17,154 2 8 56
SUBTOTAL TASK 3 $21,886
4 Illicit Connections and Illicit Discharne 'IC llD' P ram
4.1 ICJID Source Investioatlon $ 13,681 1 4 60
SUBTOTAL TASK $13,681
5 Public Aoencv Activities P rams .. 5.1 Citv-Qwned Facilihl Retrofit Qnnortunlties $ 21,060 4 8 8 8 80
5.2 Citv Librarv Stormwater BMP Feasibilitv Analvsis $ 27,028 8 10 32 80 SUBTOTAL TASK $ 48,088
6 Post-Construction BMP Insnections $ 5,877 4 32
SUBTOTAL TASK 6 $ 5,877
7 Public Information and ParticiDation Pronram $ 7,706 4 16 24 SUBTOTAL TASK 7 $ 7,706
8 Conditional Waiver for Peck Road Park lake $7,215 1 4 8 24 SUBTOTAL TASK 8 $7,215
9 Trash TMDL Comnliance- DGR Trash Studv
9.1 DGR Studv $11204 4 8 24
9.2 Catch Basin Retrofit Desio n $42,328 4._ 8 40 180 24 SUBTOTAL TASK· $53,532
Total fee and Hours Not-To-Exceed Amount $221,919 34 19 103 80 340 108 286 - Env GIS Engineering Sub consultant Analyst Specialist Technician $106 $145 $102 Enthalpy
' 140
120 64 ' 2177 ' 8 536
8 56 ' 491
• 926
8 24
j 140
$ 105
40 ' 176
120 40 160 $ 4,155 $ 8,536
City of Irwindale Environmental Management Services for the National Pollutant Discharge Elimination System (NPDES) and Other Related Services 2024-25 Fiscal Year
Professional Service Fee
Prepared by CWE on 8/11/2023 Sc. Project Project Senior Eov Eov Principal Project Mananer Manager Engineer Env Sci Scientist Analyst
Task Total $337 $324 $289 $188 $199 $153 $112
1 NPOES and MS4 Permit Manaaement and OVersiaht
1.1 Proiect Manaaement Coordination and Meetinas $6,459 3 3 15
1.2 Annual Reoort and Semi-Annual Data Submittal $15,484 4 4 8 16 48 SUBTOTAL TASK 1 $21,943
2 Inteorated Monitorino Prooram Imnlementation
2.1 Receivino Water Monitorino Coorgj£!.§1.tion _______ $2,649 1 8
2.2 Stonnwater Outfall Based Monitorlna $40,019 2 8 54 120
2.3 Non-stonnwater Outfall Based Monitorina $35,364 2 12 128 SUBTOTAL TASK 2 $78,032
3 Industrial and Commercial Facilitv Control Pr <am
3.1 Uodate Industrial and Commercial (l/C'l Facilitv Database $4,828 4 16
3.2 Commercial Facilitv Insoections $29,471 2 16 90
SUBTOTAL TASK 3 $34,299
4 Illicit Connections and Illicit Discharoe fIC/IDl Prooram
4.1 IC/ID Source Investiaation $ 14,359 1 4 60
SUBTOTAL TASK 4 $ 14,359
6 Post-Construction BMP InsDections $ 6,193 4 32
SUBTOTAL TASK 6 $ 6,193
7 i Public Information and Participation Program $ 8,118 4 16 24 SUBTOTAL TASK 7 $ 8,118
8 Conditional Waiver for Peck Road Park Lake $7,617 1 4 B 24 SUBTOTAL TASK 8 $7 617
9 Trash TMDL Comoliance
9.1 DGRStudv $11,788 4 B 24
SUBTOTAL TASK 9 $11788
Total Fee and Hours Not-To-Exceed Amount $182,349 20 11 99 0 92 440 120 .....
GIS Engineering Sub consultant Specialist Technician
$153 $107 Enthalpy
$ 140
64 $ 2,177 $ 6,306
8 48 $ 1,678 $ 3,600
B
90 $ 772
$ 926
$ 140
$ 105
40 $ 176
16 242 $ 6,113 $ 9,906
DCity Council
DSuccessor Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
atyo/
IRWINDALE
AGENDA REPORT
Date: September 13, 2023
CC Item 5
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
Issue: Approval of Third Tolling Agreement between BKK Working Group and City of Irwindale Related to the BKK Landfills
City Manager's Recommendation:
It is recommended that the Irwindale City Council authorize the City Manager to execute the Third Tolling Agreement between BKK Working Group and City of Irwindale that will extend the statute of limitations period to September 2026 for lawsuits related to cleanup of the BKK Landfill in West Covina.
Administrative Action:
Submitted & Prepared by:
Adrian R. Guerra, City Attorney Electronically Approved Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The "BKK Working Group" is a group of entities, including Chevron, Dow, ExxonMobil, Lockheed Martin, Shell, Southern California Edison, and others that has incurred environmental response costs in connection with the BKK Landfills in West Covina, California. In 2017, the BKK Working Group alleged that the City of Irwindale ("City") may have disposed waste from 1962 to 1987 at the former BKK Landfill and may, therefore, be liable for some of the costs for clean-up of hazardous substance contamination at the Landfill under state and common law. Hundreds of other additional potentially responsible parties have also been identified, and the BKK Working Group wants to seek reimbursement of at least some of the cleanup costs spent by its members. The State Department of Toxic Substances Control is currently requiring the BKK Working Group to pay those clean-up costs, amounting to nearly $250 million to date, but the BKK Working Group may seek contribution in the future from other entities that disposed waste at the Landfill in the past, including the City of Irwindale. The City has continuously denied any liability for the clean-up or disposal of such waste.
However, all parties involved would like to avoid litigation, and the BKK Working Group does not yet know the total cost of the cleanup. As a result, in 2017, the BKK Working Group asked each potentially responsible party, including the City of Irwindale, to postpone the statute of limitations to file a lawsuit to September 2020 through a Tolling Agreement. In 2017, the BKK Working Group and the City entered into the first tolling agreement related to this potential liability ("First Tolling Agreement"). The First Tolling Agreement tolled any applicable statute of limitations governing claims that the BKK Working Group could assert against the City of Irwindale or vice versa relating to the Landfills from 2017 until 2020. The BKK Working Group and the City then entered into a second tolling agreement in 2020 to again toll any applicable statute of limitations related to potential claims against the City until 2023 ("Second Tolling Agreement"). During both the 2017 and 2020 Tolling Agreements, the BKK Working Group and the City agreed not to initiate any litigation concerning the investigation, remediation, or the recovery of costs relating to the Landfills against one another.
Now, the BKK Working Group is asking the City to execute another tolling agreement, the Third Tolling Agreement, to toll the running of the statute of limitations on claims related to the response activities at the Landfill to September 2026.
ANALYSIS:
Under the Third Tolling Agreement, the BKK Working Group and the City would again agree not to initiate any litigation concerning the investigation, remediation, or the recovery of costs relating to the Landfills, against one another for the duration of the Third Tolling Agreement. The Third Tolling Agreement would require that both the BKK Working Group and the City preserve and maintain legible copies of all documents and other materials subject to discovery related to waste disposal at the Landfills for the duration of the Third Tolling Agreement, plus 90 days after its expiration. Entering into the Third Tolling Agreement would not constitute an admission of fact or liability on the part of either party.
Entering into the Third Tolling Agreement would allow the City to continue to postpone the risk of litigation with the BKK Working Group, while permitting the City to investigate the BKK Working Group's claims. It also permits the BKK Working Group more time to better define the total cleanup costs and identify any additional potentially responsible parties to share in the allocation of cleanup costs.
FISCAL IMPACT:
None.
01005.0001/921065. I
Attachments:
Exhibit A - Proposed Third Tolling Agreement
Exhibit B - Second Tolling Agreement
Exhibit C - First Tolling Agreement.
01005.0001/921065.1
EXHIBIT A
THIRD TOLLING AGREEMENT
This Third Tolling Agreement ("Agreement") is made and entered into by and between the BKK Working Group and City ofirwinda!e. The BKK Working Group is an unincorporated association of the entities identified in Exhibit A. Hereinafter, the BKK Working Group and City of Irwindale are singularly referred to as a "Party" and collectively referred to as the "Parties."
Recitals
A. The BKK Working Group has incuned enviromnental response costs in connection with the BKK Landfills in West Covina, California (the "Facility") pursuant to three judicially-approved Consent Decrees and six Interim Settlement Agreements between the BKK Working Group and the California Department of Toxic Substances Control ("DTSC").
B. The BKK Working Group has notified City ofirwindale that it may have legal liability based upon the disposal of waste material at the Facility under the Comprehensive Enviromnental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601, et seq.), the California Hazardous Substances Account Act (Cal. Health & Safety Code§§ 25300, et seq.), and/or common law. City of Irwindale denies such liability for purposes of this Agreement.
C. The Parties entered into a Tolling Agreement ("2017 Tolling Agreement") effective in 2017 that tolled any applicable statute oflimitations governing claims that the BKK Working Group could assert against the City ofirwindale or vice versa relating to the Facility until 2020.
D. The Parties entered into a Second Tolling Agreeement ("2020 Tolling Agreement") effective in 2020 that tolled any applicable statue of limitations governing claims that the BKK Working Group could assert against the City ofirwindale or vice versa relating to the Facility until 2023.
E. The Parties desire to toll any applicable statute oflimitations governing claims that the Paiiies could assert against each other relating to the Facility in the manner set forth below.
F. This Third Agreement is a successor agreement to the 2017 Tolling Agreement and the 2020 TollingAgreement.
Terms and Conditions
1. Tolled Claims. The Paiiies agree that all statutes of limitations and any other statute, law, rule or principle of equity of similar effect, including provisions under the California Govermnent Claims Act, California Gov't Code§§ 900-960.8 (collectively, "Statute of Limitations") applicable to any rights, claims, causes of action, counterclaims, crossclaims defenses, and claims act presentation regarding, based upon, or arising out of the disposal of waste material at the Facility, or the ownership or operation of the Facility which the BKK Working Group could assert against City ofirwindale, or which City ofirwindale could assert against the BKK Working Group as of the Effective Date ("Claims"), shall be tolled for the period between the Effective Date and the Termination Date, and this tolling period shall be excluded from all computations of any applicable period oflimitations.
DB3/ 204615251.1
2. Waiver of Time-Related Defense. The Parties agree that they shall waive and shall not plead, assert, or otherwise raise any Statnte of Limitations or any other time-related defense otherwise applicable to the Claims, to the extent such limitations period or other timerelated defense is tolled by this Agreement, as a bar to or other limitation on any Claim.
3. Standstill. The BKK Working Group and City oflrwindale agree not to initiate litigation concerning the investigation, remediation, or the recovery of costs relating to the Facility against the other Pmiy between the Effective Date and the Tennination Date. However, this provision shall not preclude any Party from seeking information pursuant to the California Public Records Act ("PRA"), California Gov't Code §§ 6250-6276.48 from another Party or a third Pm·ty relating to waste disposed at or liability associated with the Facility or from enforcing rights to such information under the PRA.
4. Authorization. Each of the undersigned certifies that he or she is fully authorized to enter into the terms and conditions of this Agreement and to legally bind such party to all terms and conditions of this document. This Agreement shall be binding upon the Parties, their successors and any additional entities who may join the BKK Working Group after execution of this Agreement.
5. No Admission. By entering into this Agreement, the Parties do not admit any fact nor assume any liability of any kind. Moreover, this Agreement may not be offered as evidence of an admission of such responsibility or liability in any court, administrative, alternative dispute resolution proceeding or legal proceeding, except as to enforce the standstill agreement and as to the issue of the tolling of any Statute of Limitations or any other timerelated defense.
6. No Resurrection of Claims. The Parties agree that this Agreement shall not apply to any third party and shall not revive any rights, claims, causes of actions, counterclaims, crossclaims or defenses that are already barred by an applicable provision oflaw as of the Effective Date. Notwithstanding the above, this Agreement shall inure to the benefit of and be binding upon, any and all legal successors to or assigns of the Pmiies. Nothing expressed or implied in this Agreement is intended to confer on any person other than the Parties and their legal successors or assigns any rights or obligations under this Agreement.
7. Counterparts. This Agreement may be signed in counterparts by one or more of the Parties, and those counterparts when taken together shall have the same force and effect as if a single, original document had been signed by all the Parties.
8. Termination. The Termination Date of this Agreement shall be the earlier of:
(a) tlu-ee (3) years from the Effective Date or, (b) fifteen (15) days after any Party, in its sole discretion, gives written notification of termination to the other Pmiy. Notwithstanding the termination of this Agreement, the Statute of Limitations shall remain tolled for an additional sixty (60) days following the Termination Date. This provision shall survive the termination of the Agreement.
9. Preservation of Records. The Parties shall preserve and maintain, during the term of the tolling period, and for a minimum of 90 days after termination of the tolling period, at least one legible copy of all documents and other materials subject to discovery under the DB3/ 204615251.1 2
Federal Rules of Civil Procedure and relating to waste disposal at the Facility, regardless of any document retention policy to the contrary.
10. Entire Agreement. This Agreement contains the entire agreement between the Parties, and no statement, promise, or inducement made by any Paiiy to this Agreement that is not set forth in this Agreement shall be valid or binding, nor shall it be used in construing the terms of the Agreement as set forth herein.
11. Modifications. Any modifications to this Agreement must be in writing and signed by all Parties. The Paiiies aclmowledge that this Agreement may be extended for such period of time as the Parties agree in writing.
12. Effective Date. The Effective Date of this Agreement shall be September 25, 2023.
IN WITNESS THEREOF, the Parties have executed this Agreement on the dates set forth below.
BKK Working Group and its individual members
Name: James J. Dragna, Esq.
CITY OF IRWINDALE
By: _______________ _
Print Name: --------------
083/ 204615251.1 3
Title: Attorney for the BKK Working Group
and its Members identified in Exhibit A
Date: ---------
Title: ·---------
CONTACT INFORMATION FOR CITY OF IRWINDALE
Name:
Title: -------------~
Company: ____________ _
Address: --------------
Phone: -------------~
Email: -------------~
DB3/ 204615251.1 4
Exhibit A
• American Cyanamid
• American Honda Motor Co., Inc.
• Ameron International Corp.
• Anadarko E&P Onshore LLC
• Ashland LLC (formerly known as Ashland Chemical Company) • Atlantic Richfield Company
• Baker Hughes Oilfield Operations, Inc.
• Baker Petrolite LLC
• Bayer Cropscience Inc.
• Big Heart Pet Brands
• The Boeing Company
• California Resources Corporation
• Chevron Environmental Management Company
• Chevron Marine LLC
• City Of Los Angeles, Acting By And Through The Los Angeles Department Of Water And Power
• ConocoPhillips Company
• Crosby & Overton, Inc.
• The Dow Chemical Company
• Ducommun Aerostructures, Inc.
• Essex Chemical Corporation
• ExxonMobil Corporation
• Filtrol Corporation
• Gemini Industries, Inc.
• General Dynamics Corporation
• General Latex and Chemical Corporation
• Hewlett-Packard Company
• Honeywell International Inc.
• Hugo Neu-Proler
• Huntington Beach Company
• Kai Kan Foods Inc.
• Lockheed Martin Corporation
• Mars, Inc.
• Montrose Chemical Corp. of California
• Mortell Company
• Morton International, Inc.
• National Steel And Shipbuilding Company
• Northrop Grumman Corporation
• Oxy USA Inc.
• Quemetco, Inc.
• Raytheon Company
• Raytheon Technologies Corporation for Inmont Corporation • Rockwell Automation, Inc.
• Rohm & Hass Company
• Rohr, Inc.
• San Diego Gas & Electric Company
• Shell Oil Company
• Smith International, Inc.
• Southern California Edison Company
DB3/ 204615251.1
• Southern California Gas Company
• The Procter & Gamble Manufacturing Company
• THUMS Long Beach Company
• Todd Pacific Shipyards Corp.
• Union Carbide Corporation
• Union Pacific Railroad I Southern Pacific Transportation Company • Unisys Corporation
• United States Steel Corporation
• Univar Solutions USA, Inc.
• Van Waters & Rogers
• Vigor Shipyards, Inc.
• Xerox Corporation
DB3/ 204615251.1
EXHIBIT B
AGREEMENT TOLLING STATUTES OF LIMITATION
This Agreement Tolling Statutes of Limitations (''Agreement"), effective July 26, 2023 ("Effective Date") is entered into between Ca!Mat Co., a Delaware corporation, d.b.a. Vulcan Materials Company (referred to herein as, "Vulcan"), and the City of Irwindale, a municipal corporation and charter city ("City"). Each party may be referred to individually as a "Party" and all parties may be collectively referred to as the "Parties" below.
RECITALS
WHEREAS, Vulcan is the former owner of approximately 91 acres of real property located at 15990 East Foothill Boulevard in Irwindale, California, commonly referred to as Reliance II ("Property"); and
WHEREAS, Vulcan sold the Property in fee to LIT Reliance II LP, a Delaware limited partnership, by and through a Purchase and Sale Agreement and Joint Escrow Instructions dated March 9, 2021; and
WHEREAS, LIT Reliance II LP submitted an application to the City for the construction of one new± 432,557 square foot tilt-up industrial building, located on the Property ("Project"); and
WHEREAS, on March 16, 2023, the City sent an Impact Fee Notice to LIT Reliance II LP, as the Project Applicant for the Project and owner of the Property, notifying it that the City was imposing Development Impact Fees on the Project in the amount of $3,106,191.82, pursuant to Irwindale Municipal Code § 3.50.010 et seq. ("Project DIF"); and WHEREAS, LIT Reliance II LP executed an Assignment of Claims and Rights ("Assignment"), assigning and transferring to Vulcan any and all of LIT Reliance II LP's rights, inclusive of its successors and assigns, to bring a challenge to the Project DIF; and WHEREAS, on June 9, 2023, Vulcan submitted to the City a protest of the Project DIF and application for fee adjustment or waiver, pursuant to, without limitation, Irwindale Municipal Code ("IMC") section 3.50.070 and Government Code § 66020 as incorporated and/or referenced by IMC § 3.50.050(B), and tendered the Project DIF amount to the City under protest in accordance with Government Code section 66020 ("DIF Protest");
WHEREAS, IMC section 3.50.070(C) requires the City Council to consider the DIF Protest at a public hearing within sixty (60) days of the filing of the fee adjustment application; and WHEREAS, Government Code section 66020 requires any party who files a DIF Protest to file an action to attack, review, set aside, or annul the imposition of the fees within 180 days after delivery of said notice; and
WHEREAS, without waiver to either Party's rights or remedies, the Parties wish to suspend all applicable statutes oflirnitations and time limits arising out of the above-referenced DIF Protest, 01005.0049/908136.1
29585535. J/2()4342.0017
to avail themselves of the opportunity to appropriately prepare for the DIP Protest hearing before the City Council, explore resolution, and also avoid incurring potentially unnecessary legal fees and expenses.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and intending to be legally bound, the Parties agree as follows:
AGREEMENT
1. Recitals. The above-referenced Recitals are true and correct, and are hereby incorporated by reference as though set forth herein in full.
2. Claims. "Claim" or "Claims" shall mean any and all actual, intended, or potential claims, actions, causes of action, charges, arbitrations, complaints, rights, demands, disputes, controversies, defenses, rights of setoff, and/or any other statutory, common law, or equitable theory and/or cause of action of any kind, relating to the Project DIP or DIP Protest, and which may be properly brought or enforced in a court of competent jurisdiction.
3. Tolling Period. Without waiver to either Party's rights or remedies, any and all statutes of limitations including but not limited to, those set forth in Government Code section 66020 and the Irwindale Municipal Code section 3 .50.070, or other time-related defenses or limitations, whether statutory, contractual, or otherwise and whether at law, in equity, or otherwise (including the doctrines of waiver, !aches, acquiescence or estoppel, and exhaustion of administrative remedies), in any jurisdiction, which are or may be applicable to any Claim (collectively, the "Time-Based Defenses") and that may fix or limit the period within which a Claim may be brought, or any defenses asserted, are hereby tolled for the period (the "Tolling Period") beginning as of the Effective Date of this Agreement and continuing until a final decision on the DIP Protest is issued by the City Council, pursuant to IMC section 3.50.070(C) (the "Expiration Date"). The parties further agree that any and all Claims shall be brought within ninety (90) days of the Expiration Date, including the 9oth day, during which time all Claims shall be timely, and thereafter, shall be barred as a matter of Jaw by the statute of limitations.
4. Effect of Agreement. By entering into this Tolling Agreement, the Parties agree that this Agreement does not revive any Claims already barred, whether by a statute oflimitations or other time-related defense, or otherwise, as of the Effective Date of this Agreement and that nothing in this Agreement shall preclude either of the Parties from raising any statute oflimitations or other time-related or other defense which may be applicable to the Claims prior to or after the Tolling Period.
5. Running of the Tolling Period. The Parties each agree not to asse1i, plead or raise in any fashion any Time-Based Defenses to the Claims, which Time-Based Defenses rely in whole or in part on time that passed during the Tolling Period.
4. Representation and Warranty This Agreement shall inure to the benefit of and be binding upon the Parties and all of their respective related entities, predecessors, successors, assigns, and/or assignees. Vulcan expressly represents and warrants to the City that Vulcan has been assigned any and all rights with respect to the Project DIP and LIT Reliance II has no further rights with respect to the Project DIP. Vulcan understands and acknowledges that by entering into this Agreement, the City is in good faith and materially relying on Vulcan's representation and 01005.0049/908136.1
29585535.1/:204342.0017
warranty that Vulcan is the sole entity with rights to challenge the Project DIF. 6. Modification.
This Agreement can be extended and/or modified only by a writing signed by both Parties.
7. Expiration of Agreement. This Agreement will terminate at 11:59 p.m. on the Expiration Date, except to the extent the Parties may agree in writing to extend the Tolling Period pursuant to Section 5, or terminate the Agreement pursuant to Section 15.
8. Attorneys' Fees and Legal Expenses. Should any of the Parties institute any action or proceeding in court to enforce any provision hereof or for damages by reason of any alleged breach of any provision of this Agreement or for any other judicial remedy, the prevailing party shall be entitled to receive from the losing party all reasonable attorneys' fees and all court costs in connection with said proceeding.
9. Entire Agreement. This Agreement contains the Parties' entire agreement and understanding concerning the subject matter of this Agreement, and supersedes all prior negotiations, representations, and agreements concerning the subject matter hereof.
10. Governing Law. This Agreement shall be construed, and the rights and obligations of the Parties determined, in accordance with and governed by the laws of the State of California.
11. Counterparts. This Agreement may be signed in counterparts and/or by PDF /facsimile, each of which shall be an original, but which shall together constitute one and the same instrument.
12. Consultation with Legal Counsel. The Parties acknowledge that they have had a reasonable opportunity to consult independent legal counsel prior to signing this Agreement to the extent each Party has deemed it advisable.
13. Interpretation. The Parties have each agreed to the use of the particular language of the provisions of this Agreement, and any question relating to intent, meaning or effect shall not be resolved by any rule of interpretation providing for interpretation against the Party or Parties who cause any uncertainty to exist and/or who drafted the provision(s) at issue.
14. Admissibility. This Agreement shall not be admissible as evidence for any purpose in any lawsuit, trial, mediation, arbitration or other proceeding involving the Parties, or their respective representatives, other than as is necessary to enforce its terms or to establish an appropriate statute of limitations or its expiration.
15. No Admission. Nothing contained herein shall constitute an admission or acknowledgement by either Party that the Claims, or any of them, of the other Party are valid or not.
16. Settlement Privilege. Any discussions and related communications regarding this Agreement, or resolution or settlement of the Claims shall be confidential and protected under California Evidence Code section 1152 and all federal statutes and common law providing that settlement-related communications are confidential and inadmissible in court or administrative proceedings.
17. Termination. The Parties agree not to initiate a suit or other proceeding concerning the Claims prior to the last day before the effective termination date of this Agreement, provided 01005.0049/908136.1
29585535.1/204342.0017
that this Agreement can be terminated by either Party with 30 days advance written notice to the other Party through notice provided to its respective legal counsel.
18. Authority. The person signing below for each Party warrants and represents to the other Party that they are fully authorized to bind the Party for which they have signed on behalf of to all terms of this Agreement.
IN WITNESS THEREOF, the City and Vulcan hereby sign and agree to all terms of this Agreement on the dates indicated below.
Q 1005.00491908136.1
29585535. l/:W4342.0017
[Signatures on Following Page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 26th of July, 2023.
APPROVED AS TO FORM:
ALESHIRE & ~D~, L~
a1~~- /~/- L~-- Adrian R. Guerra, City Attorney
APPROVED AS TO FORM:
FENNEMORE LLP
-S~ned tn Uzi4ntrpar-tJ. Jae on Waste, Counsel for Vulcan 01005.00491908136. l
29585535. 11204342.0017
CITY:
CITY OF IRWINDALE, a municipal corporation
JUifan Miranda, City Manager
VULCAN:
By:N~~eol 1n ooun-JerFr+
Title:
~\~net>\ tn C-O~~v-1-- Adrian R. Guerra, City Attorney
APPROVED AS TO FORM:
FENNEMORE LLP
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TOLLING AGREEMENT
This TollJng Agreement ("Agreement") is made and entered into by and between the BKK V{orking Group and City ofirwindale. The BKK Working Group is an unincorporated association of the entities identified in Exhibit A. Hereinafter, the BKK Working Group and City ofirwindale are singularly referred to as a "Party" and collectively referred to as the ~'Parties."
Recitals
A. The BKK Working Group has incurred environmental response costs in
EXHIBIT C
connection with the BKK Landfills in West Covina, California (the "Facility") pursuant to three judicially-approved Consent Decrees and six Interim Settlement Agreements between the BKK Working Group and the California Department of Toxic Substances Control ("DTSC").
B. The BKK W0rking Group has notified City of Irwindale that it may have legal liability based upon the disposal of waste material at the Facility unde1· the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601, et seq.), the California Hazardous Substances Account Act (Cal. Health & Safety Code §§ 25300, et seq.), and!or common law. City of Irwindale denies such liability for pmvoses of this Agreement.
C. T11e Patties desire to·toll any applicable statute of limitations governing claims that the Patties could assert against each other relating to the Facility in the manner set forth below.
Terms and Conditions
1. Tolled Claims. The Parties agree that all statutes of limitations and any other statute, law, rule or principle of equity of similar effect, including provisions under the California Government Claims Act, California Gov't Code§§ 900·960.8 (collectively, "Statute of Limitations") applicable to any rights, claims, causes of action, counterclaims, crossclaims defenses, and claims act presentation regarding, based upon, or arising out of the disposal of waste material at the Facility, or the ownership or operation of the Facility which the BKK Working Group could assert against City of Itwindale, or which City of Irwindale could assert against the BKK Working Group as of the Effective Date ("Claims"), shall be tolled for the period between the Effective Date ai1d the Ten:tllnation Date, and this tolling period shall be excluded from all computations of any applicable period of limitations.
2. Waiver of Time-Related Defense. The Parties agree that they shall waive and shall not plead, assert, or otheiwise raise any Statute of Limitations or any other time-related defense otherwise applicable to the Claims, to the extent such limitations period or other timerelated defense is tolled by this Agreement, as a bar to or other limitation on any Claim.
3. Standstill, The BKK Working Group and City ofI1windale agree not to initiate litigation concerning the investigation, remediation, or the recovery of costs relating to the Facility against the other Party between the Effective Date and the Tennination Date. However, this provision shall not preclude any Party from seeking information pursuant to the California Public Records Act ("PRA"), California Gov:'t Code § § 6250-6276.48 from another Party or a third Party relating to waste disposed at or liability associated with the Facility or from enforcing rights to such information under the PRA.
DB3/2016ll862.1
4. Authol'ization. Each of the undersigned certifies that he or she is fully authorized to enter into the terms and conditions of this Agrooment and to legally bind such party to all terms and conditions of this document. This Agreement shall be binding upon the Parties, their successors and any additional entities who may join the BKK Working Group after execution of this Agreement.
5, No Admission, By entering into this Agreement, the Parties do not admit any fact nor assume any liability of any kind. Moreover, this Agreement may not be offered as evidence of an admission of such responsibility or liability in any court, administrative, alternative dispute resolution proceeding or legal proceeding, except as to enforce the standstill agreement and as to the issue of the tolling of any Statute of Limitations or any other timerelated defense.
6. No Resurrection of Claims. The Paities agree that this Agreement shall not apply to any third party and shall not revive any rights, claims, causes of actions, counterclaims, crossclaims or defenses that are already barred by an applicable provision of law as of the Effective Date, Notwithstanding the above, this Agreement shall inure to the benefit of and be binding upon, any and all legal successors to or assigns of the Parties. Nothing expressed or implied in this Agreement is intended to confer on any person other than the Parties and their legal successors or assigns any rights or obligations under this Agreement,
7. Counterparts. This Agreement may be signed in counterparts by one or more of the Parties, and those counterparts when taken together shall have the same force and effect as if a single, original document had been signed by all the Parties.
8. Termination. The Termination Date of this Agreement shall be the earlier of:
(a) three (3) years from the Effective Date or, (b) fifteen (15) days after any Party, in its sole discretion, gives written notification of termination to the other Party. Notwithstanding the termination of this Agreement, the Statute of Limitations shall remain tolled for an additional sixty (60) days following the Termination Date. This provision shall survive the termination of the Agreement.
9. Preservation of Records. The Paities shall preserve and maintain, during the term of the tolling period, and for a minimum of 90 days after termination of the tolling period, at least one legible copy of all documents and other materials subject to discovery under the Federal Rules of Civil Procedure and relating to waste disposal at the Facility, regardless of any document retention policy to the contrary.
I 0. Entire Agreement. This Agreement contains the entire agreement between the Parties, and no statement, promise, or inducement made by any Party to this Agreement that is not set forth in this Agreement shall be 'valid or binding, nor shall it be used in construing the terms of the Agreement as set forth herein.
11. Modifications. Any modifications to this Agreement must be in writing and signed by all Parties. The Parties acknowledge that this Agreement may be extended for such period of time as the Parties agtee in writing.
12. Effective Date. The Effective Date of this Agreement shall be September 25, 2017.
DB3/2016Jl862.l 2
JN WITNESS THEREOF, the Parties have executed this Agreement on the dates set forth below.
BKK Working Group
Date: -------
Title: Attorney for the BKK Working Grqup
Date: //~ /."$ -/":f:
Title: C-i+J:J Nan<-\;ler
CONTACT INFORMATION FOR CITY OF illWINDALE
Name: Jihn 'David.son
Title: Ci+y Na na.j ..er
Company: Ci1 y ot Trwinda Je.
Address: 5o5o N. J:rw;nd.tJt,/e f/-vP.
Phone:
Email:
Irwl nd.tt 1~.1 Caftf6rh1 a.
er11ot;,,
-----------~
DB3/20!61!862.! 3
Exhibit A
• American Honda Motor Co., Inc.
• Ameron International Corp.
• Anadarko E&P Onshore LLC
• Ashland Chemical Company
• Atlantic Richfield Company
• Azusa Land Reclamation, Inc.
• Baker Hughes Oilfield Operations, Inc.
• Baker Petrolite LLC
• Bayer Cropscience Inc.
• Big Heart Pet Brands
• The Boeing Company
• Chemical Waste Management, Inc.
• Chevron Env)ronmental Management Company
• Chevron Marine LLC
• City Of Los Angeles, Acting By And Through The Los Angeles Department Of Water And Power
• ConocoPhillips Company
• Crosby & Overton, Inc.
• The Dow Chemical Company
• Ducommun Aerostructures, Inc.
• Essex Chemical Corporation
• ExxonMobil Corporation
• Flltrol Corporation
• Gemini Industries, Inc.
• General Dynamics Corporation
• General Latex and Chemical Corporation
• Hewlett-Packard Company
• Honeywell International Inc.
• Hugo Neu-Proler
• Huntington Beach Company
• Kai Kan Foods Inc.
• Lockheed Martin Corporation
• Mars, Inc.
• Montrose Chemical Corp. of California
• Mortell Company -
• Morton International, Inc.
• National Steel And Shipbuilding Company
• Northrop Grumman Corporation
• Quemetco, Inc.
• Raytheon Company
• Rockwell Automation, Inc.
• Rohm & Hass Company
• Rohr, Inc.
• San Diego Gas & Electric Company
• Shell Oil Company
• Southern California Edison Company
• Southern California Gas Company
• The Procter & Gamble Manufacturing Company
• THUMS Long Beach Company
DB3/2016118GZ,l
• Todd Pacific Shipyards Corp.
• Union Carbide Corporation
• Union Pacific Railroad I Southern Pacific Transportation Company • Unisys Corporation
• United States Steel Corporation
• United Technologies Corporation
• Univar USA, Inc.
• USA Waste of California, Inc.
• Van Waters & Rogers
• Vigor Shipyards, Inc.
• Waste Management Collection And Recycling, Inc.
• Waste Management of California, Inc.
• Waste Management Recycling and Disposal Services of California, Inc. • Western Waste Industries
• Xerox Corporation
DB3/ .0161lR62.l
Morgan Lewis
Marina Rodriguez
Senior Paralegal
+1.213.680.6690
[email protected]
February 28, 2018
VIA REGULAR MAIL
Fred Galante
City Attorney
City of Irwindale
Aleshire & Wynder LLP
18881 Von Kaman Avenue, Suite 1700
Irvine, CA 92612
Re: BKK Landfill
Fully Executed Tolling Agreement
City of Irwindale
Dear Fred Galante:
Enclosed for your records Is a copy of the fully executed Tolllng Agreement regarding the BKK Landfill located In west Covina, CA.
Sincerely,
i
i .. ;'i-..... ~- .... . ,/''--,_ -- -
Marina Rodriguez
Senior Paralegal
MR
Enclosure
DB3/ 201815839.1
Morgan, Lewis & Bockius LLP
300 South Grand Avenue
Twenty-Second floor
Los Angeles1 CA 90071-3132
United States
0 +1.213.612.2500
G + i.213.612.2501
0City Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
City if
IRWINDALE
AGENDA REPORT
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
CC Item 6
Issue: Approval of Safe Streets and Roads for All (SS4A) Grant Agreement between City of Irwindale and U.S. Department of Transportation Federal Highway Administration in the Amount of $184,000
City Manager's Recommendation:
That the City Council (1) approve the grant agreement with the U.S. Department of Transportation Federal Highway Administration (FHWA) for the Safe Streets and Roads for All (SS4A) Grant Award; and (2) authorize the City Manager to execute the agreement upon approval as to form by the City Attorney.
Administrative Action:
Submitted by:
Eddie Chan,
Director of Engineering I Building Official
Prepared by:
Luis Pimentel, Associate Engineer
(626) 430-2259
Reviewed by:
Adrian Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Bipartisan Infrastructure Law (BIL) established the new Safe Streets and Roads for All (SS4A) discretionary program, with $5 billion in appropriated funds over 5 years, 2022-2026. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The SS4A program supports the U.S. Department of Transportation's National Roadway Safety Strategy and goal of zero roadway deaths.
On February 1, 2023, U.S. Transportation Secretary Pete Buttigieg announced $800 million in grant awards for 511 projects through the first round of funding for the SS4A grant program. The program supports the development of a comprehensive safety action plan (Action Plan) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues. Action Plans are the foundation of the SS4A grant program. SS4A requires an eligible Action Plan be in place before applying to implement projects and strategies. Action Plan grants assist communities that do not currently have a roadway safety plan in place to reduce roadway fatalities, laying the groundwork for a comprehensive set of actions.
Staff applied for and was awarded an Action Plan grant from the U.S. Department of Transportation Federal Highway Administration (FHWA) in the amount of $184,000. It is estimated that the development of the Action Plan will cost approximately $230,000, and the City is required to provide a local match of 20% for the project equaling $46,000.
Upon approval by City Council, the SS4A Grant Agreement will be submitted to FHWA as required to be eligible for reimbursement of SS4A Action Plan expenditures.
Fiscal Impact:
Funding for this project is budgeted in the FY 2023/2024 CIP Budget as the Safe Streets for All (SS4A) Action Plan in the amount of $230,000 (Account Number 48-80-800-45300- 8357). The City of Irwindale will be eligible to receive reimbursement of up to $184,000 from the SS4A Grant, which is estimated to be 80% of the total cost of developing the Action Plan. The City is responsible for the remaining 20% local match of $46,000, where $23,000 is funded from the General Fund and $23,000 from the Mining Impact Fund.
Attachment:
• Safe Streets and Roads for All (SS4A) Grant Agreement Page2
IRWINDALE-FY-22 SS4A GRANT AGREEMENT
1. Award No. 2. Effective Date 3. Assistance
693JJ32340122 See No. 17 Below Listings No.
20.939
4. Award To 5. Sponsoring Office
City oflrwindale U.S. Department of Transportation
5050 N Irwindale Avenue Federal Highway Administration
Irwindale, CA 91706 Office of Safety
1200 New Jersey Avenue, SE
Unique Entity Id.: E9J2S6RNLACI HSSA-1, Mai!DropE71-117 TIN No.: 95-6005899 Washington, DC 20590
6. Period of Performance 7. Total Amount
Effective date of award through 24 months Federal Share: $184,000 Recipient Share: $46,000
Other Federal Funds: $0
Other Funds: $0
Total: $230,000
8. Type of Agreement 9. Authority
Grant Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117-58, November 15,
2021; also referred to as the "Bipartisan
Infrastructure Law" or "BIL")
10. Procurement Request No. 11. Federal Funds Obligated HSSP230254PR $184,000
12. Submit Payment Requests To 13. Payment Office
See article 20. See article 20.
14. Accounting and Appropriations Data
15XO 173E50.0000.055SR10500.5592000000.41010.61006600
15. Description of Project
The City seeks to prepare a formal Action plan to identify underlying transportation issues and to promote safety and equity for all its users on the multimodal transportation network.
RECIPIENT
16. Signature of Person Authorized to Sign
Signature
Name: Julian A. Miranda
Title: City Manager
Date
FEDERAL HIGHWAY ADMINISTRATION
17. Signature of Agreement Officer
Signature
Name: Megan Mavis
Title: Agreement Officer
1of14
Date
IRWINDALE - FY-22 SS4A GRANT AGREEMENT
U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between Federal Highway Administration (the "FHWA") and The City of Irwindale (the "Recipient").
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the SS4A Action Plan Application.
The parties therefore agree to the following:
ARTICLEl
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program," dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.
Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CPR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
( c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
2of14
IRWINDALE-FY-22 SS4A GRANT AGREEMENT
ARTICLE2
APPLICATION, PROJECT, AND A WARD
2.1 Application.
Application Title: SS4A Action Plan Application
Application Date: 09/14/2022
2.2 Award Amount.
SS4A Grant Amount: $184,000
2.3 Award Dates.
Period of Performance End Date: See Section 6 on page 1
2.4 Budget Period.
Budget Period End Date: See Section 6 on page 1
2.5 Action Plan Grant or Implementation Grant Designation.
Designation: Action Plan Grant
2.6 Federal Award Identification Number.
The Federal Award Identification Number is listed on page 1, line 1. 3of14
IRWINDALE - FY-22 SS4A GRANT AGREEMENT
ARTICLE3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project's Statement of Work.
The City ofirwindale is located in Los Angeles County, California. Although only 9.6 square miles with a population of 1,394, Irwindale is located only 20 miles from downtown Los Angeles and its transportation facilities are utilized by commuters throughout the Los Angeles metropolitan area. Some roadway segments service an average daily traffic count of over 50,000 vehicles per day.
As such, the Statewide Integrated Traffic Records System (SWITRS) of California has identified unsafe speed as the most common primary collision factor in an analysis of crashes of the past five years. Irwindale has expressed interest in a citywide safety plan to address the multimodal transportation network, inclusive of pedestrians and bicyclists. The City has begun preliminary safety assessments by conducting speed surveys along major thoroughfares for adjustments to roadway speed limits.
Irwindale is committed to the engagement of various public and private stakeholders in preparation of an Action Plan to increase safety and equity amongst its disadvantaged community. The City will facilitate at least two key stakeholder focus group workshops with adjacent businesses and property owners, nearby schools, and community-based organizations that have an interest in public health and safety for drivers, transit riders, pedestrians, and cyclists. In addition, the City will conduct an online survey to gather information from both community members and commuters regarding any questions or concerns they may have about the development of the Action Plan.
The City seeks to prepare a formal Action Plan to identify underlying transportation issues and to promote safety and equity for all its users on the multimodal network. The Action Plan will provide strategies and recommendations to address any problems that may be identified through additional analysis of existing roadway conditions (such as speed and needed safety improvements), crash data, and community member feedback for future Implementation grant applications.
4of14
IRWINDALE-FY-22 SS4A GRANT AGREEMENT
3.2 Project's Estimated Schedule.
ACTION PLAN SCHEDULE
Milestone Schedule Date
Planned Draft Action Plan Completion Date: 12/31/2024
Planned Action Plan Completion Date: 03/31/2025
Planned Action Plan Adoption Date: 05/30/2025
Planned SS4A Final Report Date: 06/30/2025
IMPLEMENTATION SCHEDULE NON-CONSTRUCTION
Milestone Schedule Date
Planned NEPA Completion Date: 12/31/2027
Planned Activity Completion Date: 12/31/2028
3.3 Project's Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount:
Other Federal Funds::
State Funds:
Local Funds:
In-Kind Match:
Other Funds:
Total Eligible Project Cost:
(b) Supplemental Estimated Budget
Cost Element Federal Share Non-Federal Share
Direct Labor $20,000.00 $5,000.00
Fringe Benefits $0.00 $0.00
Travel $0.00 $0.00
Equipment $0.00 $0.00
Supplies $0.00 $0.00
Contractual/Consultant $164,000.00 $41,000.00
Other $0.00 $0.00
Indirect Costs $0.00 $0.00
Total Budget $184,000.00 $46,000.00
5of14
$184,000
$0
$0
$46,000
$0
$0
$230,000
Total Budget Amount
$25,000.00
$0.00
$0.00
$0.00
$0.00
$205,000.00
$0.00
$0.00
$230,000.00
IRWINDALE-FY-22 SS4A GRANT AGREEMENT
ARTICLE4
RECIPIENT INFORMATION
4.1 Recipient's Unique Entity Identifier.
E9J2S6RNLAC1
4.2 Recipient Contact(s).
Julian A. Miranda
City Manager
City of Irwindale
5050 N. Irwindale Ave.
626-430-2218
[email protected]
4.3 Recipient Key Personnel.
Name
Luis Pimentel
Benjamin Areyan
Berlyn Aguila ~-
4.4 USDOT Project Contact(s).
Title or Position
Associate Engineer
Engineering Technician
Management Analyst
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
and
Ashley Cucchiarelli
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33
6of14
IRWINDALE-FY-22 SS4A GRANT AGREEMENT
12300 W Dakota Ave
Lakewood, CO 80228
(720) 963-3589
ash! ev. cucchiare Iii @dot. gov
and
Division Administrator
Agreement Officer's Representative (AOR)
FHW A California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
[email protected]
and
Lawrence Jesse Glazer
California Division Office Point of Contact
ITS/Operations Engineer
888 S. Figueroa Street, Suite 440
Los Angeles, CA 90017
(213) 422-4588 - mobile
Jesse. G [email protected]
Backup California Division Office POC: [email protected]
ARTICLES
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHW A Office of Acquisition and Grants Management
SUBA WARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.
Note: This clause is only applicable to Action Plan Grants. 7of14
IRWINDALE-FY-22 SS4A GRANT AGREEMENT
Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient's submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/subrecipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO.
This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment)
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F .R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI einvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. ( d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the "AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
( e) The USDOT may waive the requirement that the Recipient use the DELPHI einvoicing System. The Recipient may obtain waiver request forms on the DELPHI einvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
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IRWINDALE - FY-22 SS4A GRANT AGREEMENT
Washington DC 20590-0001
or
[email protected].
If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to:
DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn:
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
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IRWINDALE -FY-22 SS4A GRANT AGREEMENT
ARTICLE6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section [wherever the date it is in this agreement].
6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.
6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.
6.4 The City of Irwindale must coordinate its Action Plan development efforts with the Los Angeles County Metropolitan Transportation Authority's Action Plan development effort to ensure that the respective Action Plans are complementary and do not conflict.
6.5 There are no other special grant requirements for this award. 10of14
IRWINDALE - FY-22 SS4A GRANT AGREEMENT
ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: Area of study is estimated to be major intersections, arterial roads, as well as residential neighborhoods that see more foot traffic and pedestrian activity.
Baseline Measurement Date: Estimate: 12/31/28
Baseline Report Date: Estimate: 2/28/29
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency
Percent of Funds to Underserved
Equity
Communities: Funding amount (of total End of period of
project amount) benefitting underserved performance
communities, as defined by USDOT
Project Costs: Quantification of the cost End of period of Costs of each eligible project carried out using performance the grant Lessons Learned and Recommendations:
Lessons Learned and Description of lessons learned and any End of period of Recommendations
recommendations relating to future performance projects of strategies to prevent death and serious injury on roads and streets.
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IRWINDALE - FY-22 SS4A GRANT AGREEMENT
ATTACHMENT B
CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose ofthis attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See section 10.1.
Scope: N/ A There have been no changes to the Scope as described in the application Schedule: N/ A There have been no changes to the Schedule as described in the application Budget: N/ A There have been no changes to the Budget as described in the application The table below provides a summary comparison of the project budget.
Fund Source
Previously Incurred Costs
on-Eli ible Pro· ect Costs
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eli ible Pro· ect Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
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IRWINDALE - FY-22 SS4A GRANT AGREEMENT
ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with "X" in the following table are accurate:
A racial equity impact analysis has been completed for the Project. (Identifj; a report on that analysis or, if no report was produced, describe the analysis and its results in the sunnortinz narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Jdentifj; the relevant programs, plans, or policies in the supportinz narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Jdentifj; the relevant investments in the sumJOrtinz narrative below.) The Project includes new or improved walking, biking, and rolling access for x individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Jdentif,; the new or improved access in the supportine narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Jdentifj; the new or improved access in the sunnortine narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.
The Recipient has not yet taken actions related to the Project to improve racial x equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below
The Recipient has not talcen actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
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IRWINDALE-FY-22 SS4A GRANT AGREEMENT
2. Supporting Narrative.
One of the goals of the Safe Streets 4 All Grant for the City oflrwindale is to find solutions to implement and/or improve new and existing pathways to provide not only an easier mean of access but more importantly, safer access to multimodal pedestrian transportation. This is somewhat of a significant challenge for our city as it is a small industrial city with lots of semi-truck activity that can pose dangers to pedestrian traffic.
Another goal of the City for the SS4A grant is to take the appropriate necessary actions in order to reduce barriers of opportunity and racial equity. This may include expanded mobility options such as dedicated bike paths/lanes to give residents more safe travel options that are also cost efficient.
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IZICity Council
DSuccessor Agency
DHousing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
City if
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 7
Issue: Cost Sharing Agreement Renewal with the Los Angeles Gateway Region Integrated Regional Water Management Joint Power Authority to Continue Operating, Monitoring, and Performing Equipment Maintenance Pursuant to the Harbor Toxic Pollutants Total Maximum Daily Load
City Manager's Recommendation:
That the City Council (1) authorize the City Manager to enter into an agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority to continue operating, monitoring, and performing equipment maintenance pursuant to the Harbor Toxic Pollutants Total Maximum Daily Load Administrative Action:
Submitted by:
Eddie Chan
Director of Engineering/ Building Official
Prepared by:
Luis Pimentel, Associate Engineer
(626) 430-2259
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani
Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
01005.0006/921170.1
Electronically Approved
'
Background and Analysis:
On May 5, 2011, the Los Angeles Region Water Quality Control Board (LARWQCB) adopted the Harbor Toxic Pollutants Total Maximum Daily Load (TMDL). On March 23, 2012, the U.S. Environmental Protection Agency established the Harbor Toxic TMDL.
Subsequently, this TMDL has been incorporated in the Municipal Separate Storm Sewer System (MS4) Permit, which is enforceable through the Federal Clean Water Act.
Cities whose tributaries feed into the Los Angeles and San Gabriel Rivers, including the City of Irwindale, are identified in the TMDL as responsible parties. The TMDL requires the development and subsequent implementation of a water quality monitoring plan. The cities and other affected agencies have worked together with the Los Angeles Gateway Region Integrated Regional Water Management Joint Power Authority (GWMA), a Joint Powers Authority of which the City is a member, to develop this Agreement to share the cost of the required monitoring program. The GWMA will act solely as a fiduciary agent for this agreement.
The Harbor Toxic TMDL establishes Load Allocations and Waste Loads Allocations in numerical discharge limits for a variety of pollutants, including metals, polychlorinated biphenyl (PCB), dichlorodiphenyltrichloroethane (DDT), and other organic pollutants, generally referred to as "toxic."
As stated in the MS4 Permit, cities are required to monitor these toxic pollutants discharged in the Los Angeles and San Gabriel Rivers for both dry and wet weather conditions. Recognizing that the expenses associated with a monitoring program would be costly, if undertaken individually, Irwindale joined other cities within the affected watershed to minimize the financial burden associated with fulfilling the monitoring requirements.
On July 22, 2015, the City Council approved an agreement with GWMA to install monitoring equipment and monitoring toxic pollutants discharged to the Los Angeles and San Gabriel Rivers for both dry and wet weather conditions at a cost of $18,272.80.
On June 13, 2018, the City Council authorized an agreement with the GWMA to continue operations, monitoring, and maintaining the equipment used to test the Harbor Toxic TMDLs in the Los Angeles and San Gabriel rivers. That agreement expired on June 30, 2023.
GWMA has drafted a new agreement to continue the monitoring program for the Harbor Toxic TMDLs in the Los Angeles and San Gabriel rivers. This renewed agreement is set take affect from on July 1, 2023 and expires on June 30, 2026. The agreement has been reviewed and approved by both Staff and the City Attorney.
Fiscal Impact:
Page2
Per Exhibit "A" of the new agreement, the City's total annual cost for GWMA's service is as follows:
Fiscal Year 2023-2024
Fiscal Year 2024-2025
Fiscal Year 2025-2026
Total
$2,137.25
$2,146.50
$2,196.88
$6.480.63
However, the cost may be adjusted based on actual costs and the number of participants sharing the costs. There are sufficient funds in the City's Fiscal Year 2023-2024 Environmental Mandates adopted budget (Account No. 01-52-523-42300-0000) to cover the cost.
Attachment:
Contract Service Agreement.
01005.0006/921170.1 Page 3
06/08/2023
AGREEMENT
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE
CITY OF IRWINDALE
FOR COST SHARING FOR THE INSTALLATION OF MONITORING EQUIPMENT
AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TMDL This Agreement is made and entered into as of June 8, 2023, by and between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"), a California Joint Powers Authority, and the City of Irwindale, (the "Permittee"). The Permittee and the GWMA are collectively referred to as the "Parties";
RECITALS
WHEREAS, the m1ss1on of the GWMA includes the equitable protection and management of water resources within its area;
WHEREAS, for the purposes of this Agreement, the term "MS4 Permittees" shall mean those public agencies that are co-permittees to a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order ("MS4 Permit") issued by the Los Angeles Regional Water Quality Control Board; WHEREAS, the United States Environmental Protection Agency established the Total Maximum Daily Loads ("TMDL") for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters ("Harbor Toxic Pollutants TMDL"); WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System ("NPDES") permit holders, requiring organization and cooperation among the MS4 Permittees;
WHEREAS, the Permittee manages, drains or conveys storm water into at least a portion of the Los Angeles River including its estuary or Coyote Creek or the San Gabriel River including their estuaries;
WHEREAS, various MS4 Permittees desire to achieve the objectives of the Harbor Toxic Pollutants TMDL by continuing to maintain the monitoring station in the Los Angeles River at Wardlow Road, monitoring station in the San Gabriel River near Spring Street, and monitoring station in the Coyote Creek, also near Spring Street and conducting monitoring at said monitoring stations (collectively "Monitoring Stations") to ensure consistency with other regional monitoring programs and usability with other TMDL related studies;
WHEREAS, continuing maintenance of the Monitoring Stations and future monitoring requires administrative coordination for the various MS4 Permittees that the GWMA can and is willing to provide;
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WHEREAS, the Lower Los Angeles River Watershed Management Group and the Lower San Gabriel River Watershed Management Group have been formed pursuant to the MS4 Permit and oversee and manage the monitoring program for the Harbor Toxic Pollutants TMDL within their respective watersheds;
WHEREAS, the members of the GWMA are the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Water Replenishment District, Central Basin Municipal Water District, Port of Long Beach, and the Long Beach Water Department ("GWMA Members"); WHEREAS, because of the financial savings and benefits resulting from this costsharing arrangement, other MS4 Permittees that are not GWMA Members may request to participate in the cost sharing of the Monitoring Costs for the maintenance of the Monitoring Stations and the costs of monitoring conducted at the Monitoring Stations (collectively "Monitoring Costs");
WHEREAS, the GWMA Board of Directors authorized the GWMA to enter into individual separate agreements with such individual MS4 Permittees (which shall not have voting rights in the GWMA) for purposes of only cost sharing in the Monitoring Costs; WHEREAS, because GWMA Members already pay annual membership fees that pay for GWMA administrative costs, GWMA Members that participate in the cost share for the Monitoring Costs shall pay an administrative fee that is less than that the administrative fee charged to MS4 Permittees that are not GWMA Members; WHEREAS, certain private NPDES permit holders that are subject to the Harbor Toxic Pollutants TMDL have also expressed interest in participating in the cost share for the Monitoring Costs and procuring the monitoring data generated pursuant to this Agreement in order to satisfy their own permit obligations; WHEREAS, the current agreements that cover the cost share arrangements for the Monitoring Costs through fiscal year 2022-2023 will expire on June 30, 2023.
WHEREAS, it is currently unknown how many MS4 Permittees and private NPDES permit holders will ultimately participate in the cost sharing of the Monitoring Costs for fiscal years 2023-2024 through 2025-2026;
WHEREAS, depending on how many MS4 Permittees and private NPDES permit holders ultimately participate in the cost sharing for the Monitoring Costs, each participating Permittee's annual cost share amount will be adjusted and the GWMA will notify each participating Permittee of its adjusted annual cost share amount in writing; WHEREAS, the Permittee desires to share in the Monitoring Costs;
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WHEREAS, the Parties have determined that authorizing GWMA to hire consultants as necessary to maintain the Monitoring Stations and conduct the monitoring required by the Harbor Toxic Pollutants TMDL will be beneficial to the Parties; WHEREAS, the Permittee agrees to pay: (a) its proportional share of the Monitoring Costs to be incurred by the GWMA in accordance with the Cost Sharing Formula reflected in Exhibit "A"; and (b) applicable administrative fees to cover administrative costs; and
WHEREAS, the role of the GWMA is to: (1) invoice and collect funds from the Permittee to cover its portion of the Monitoring Costs; and (2) hire and retain consultants to maintain Monitoring Stations and conduct monitoring at the Monitoring Stations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Purpose. The purpose of this Agreement is for the Permittee to cost share in the Monitoring Costs.
Section 2. Cooperation. The Parties shall fully cooperate with one another to achieve the purposes of this Agreement.
Section 3. Voluntary Nature. The Parties voluntarily enter into this Agreement.
Section 4. Binding Effect. This Agreement shall become binding on GWMA and the Permittee.
Section 5. Term. This Agreement shall commence on July 1, 2023 and shall expire on June 30, 2026, unless terminated earlier pursuant to this Agreement.
Section 6. Role of the GWMA.
(a) The GWMA shall invoice and collect funds from the Permittee to cover the Monitoring Costs.
(b) The GWMA shall administer the consultants' contracts for the Monitoring Costs. Provided the Permittee has paid all outstanding invoices to the GWMA to cover the Monitoring Costs and administrative costs, the GWMA will provide the Permittee with the monitoring data collected from the Monitoring Stations and any associated reports.
(c) The GWMA is authorized and may negotiate, enter into agreements with, and collect funds from general and individual NPDES permit holders, that are not MS4 Permittees, for cost-sharing the Monitoring Costs in order to reduce the total costs incurred by the MS4 Permittees.
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Section 7. Financial Terms.
(a) Annual Payment Amount. The Permittee shall pay no more than the following amounts for each of the three fiscal years (June 30-July 1) listed below ("Annual Payment Amount"):
Fiscal Year 2023-2024:
One Thousand Eight Hundred Fifty Eight Dollars and Forty Eight Cents ($1,858.48)
Fiscal Year 2024-2025:
One Thousand Eight Hundred Sixty Six Dollars and Fifty Two Cents ($1,866.52) Fiscal Year 2025-2026:
One Thousand Nine Hundred Ten Dollars and Thirty Three Cents ($1,910.33) Each Annual Payment Amount includes the Permittee's Cost Share Amount identified in Exhibit "A", attached hereto and incorporated herein.
(b) Administrative Costs. In addition to the Annual Payment Amount, the Permittee shall also pay its proportional share of the GWMA's staff time for hiring the consultants, managing the consultants' contracts, and invoicing the Permittee and legal fees incurred by the GWMA in the performance of its duties under this Agreement ("Direct Costs"), and audit expenses and other overhead costs ("Indirect Costs"), referred to collectively herein as the "Administrative Costs Payment Amount". The Administrative Costs Payment Amount will be added to the Permittee's annual invoice to cover the Permittee's share of the administrative costs.
i. GWMA Members. If the Permittee is a GWMA Member, then the Administrative Costs Payment Amount does not include the GWMA's Indirect Costs, which GWMA Members absorb as part of their annual membership dues. The rate charged to GWMA Members in order to recover the Direct Costs portion of the Administrative Costs Payment Amount will range between zero percent (0%) and five percent (5%) of the of the Permittee's Cost Share Amount identified in Exhibit "A." On an annual basis the GWMA will evaluate the percentage rate charged to GWMA Members to ensure it adequately recovers the GWMA's cost of performing its duties under this Agreement. Based on this review, the GWMA Board will establish the rate charged to recover its Direct Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days' written notice prior to July 1st of the fiscal year in which a new rate will take effect. ii. Non-GWMA Members. If the Permittee is not a GWMA
Member, then the Administrative Costs Payment Amount will include the GWMA's Indirect Costs. The rate charged to Non-GWMA Members in order to recover Direct Costs will range between five percent (5%) and ten percent (10%) of the Permittee's Cost Share
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Amount identified in Exhibit "A." The rate charged to Non-GWMA Members in order to recover Indirect Costs will range between two percent (2%) and five percent (5%) of the Permittee's Cost Share Amount identified in Exhibit "A." On an annual basis the GWMA will evaluate the percentage rates for both Direct and Indirect Costs charged to NonGWMA Members to ensure they adequately recover the GWMA's cost of performing its duties under this MOU. Based on this review, the GWMA Board may increase or decrease the rates charged to recover its Direct and Indirect Costs for the next fiscal year. The GWMA will provide the Permittee, through the respective Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups, fifteen (15) days' written notice prior to July 1st of the fiscal year in which a new rate will take effect.
(c) Adjustment of Cost Share Based on Number of Participants. The Annual Payment Amount and the Administrative Costs Payment Amount identified in this Section 7 ("Financial Terms") represent the maximum dollar amounts that the Permittee is required to submit to the GWMA, but may be reduced based on the final number of MS4 Permittees that participate in the cost sharing for the Monitoring Costs. (d) Reserve Credits. If the actual cost share amount plus administrative costs collected by GWMA from all participating permittees in the Harbor Toxic Pollutants TMDL program are less than the Annual Payment Amount, plus the Administrative Costs Payment Amount, paid by all permittees in a particular year, then the GWMA will notify the Chairs of the Lower San Gabriel River and Lower Los Angeles River Watershed Management Groups. The Chairs will direct GWMA on how to apply the excess balance, which may include carrying the balance over to cover permittee costs in one or more subsequent years. , GWMA reserves the right to transfer funds from the excess balance to maintain a minimum balance of $10,000 in its account dedicated to the Harbor Toxic Pollutants TMDL program at all times, per GWMA's Administrative Budget Policy.
Notwithstanding the forgoing, the Administrative Costs Payment Amount charged to nonGWMA Members for Indirect Costs will be retained by GWMA and is not subject to a credit.
(e) Funds remaining in the possession of the GWMA at the expiration or earlier termination of this MOU shall be promptly returned to the Permittee in proportion to the Cost Share Amount identified in Exhibit "A" or rolled over into the subsequent MOU for the Harbor Toxic Pollutants TMDL if requested by the Permittee. (f) The Permittee's Annual Payment Amount and Administrative Costs Payment Amount for the 2023-2024 fiscal year are due upon execution of this Agreement, but in no event later than September 30, 2023. For each subsequent fiscal year, commencing with the 2024-2025 fiscal year, the GWMA shall submit annual invoices to the Permittee for the Annual Payment Amount and Administrative Costs Payment Amount. Upon receiving an invoice from GWMA, each Permittee shall pay the Annual Payment Amount and Administrative Costs Payment Amount set forth in the invoice to the GWMA within forty-five (45) days of receipt.
(g) The Permittee shall be delinquent if its invoiced payment is not
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received by the GWMA within forty-five (45) days after the invoice's date. If the Permittee is delinquent, the GWMA will: 1) verbally contact the representative of the Permittee; and 2) submit a formal letter from the GWMA Executive Officer to the Permittee at the address listed in Section 11 of this Agreement. If payment is not received within sixty (60) days of the original invoice date, the GWMA may terminate this Agreement. However, no such termination may be ordered unless the GWMA first provides the Permittee with thirty (30) days written notice of its intent to terminate the Agreement. The terminated Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. If the GWMA terminates this Agreement because the Permittee is delinquent in its payment, the Permittee shall no longer be entitled to the monitoring data collected from the Monitoring Stations. (h) Any delinquent payments by the Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent.
Section 8. Independent Contractor.
(a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this Agreement. The GWMA's officers, officials, employees and agents shall at all times during the term of this Agreement be under the exclusive control of the GWMA. The Permittee cannot control the conduct of the GWMA or any of its officers, officials, employees or agents. The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Permittee.
(b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers' compensation, or similar taxes for its employees and consultants performing services hereunder.
Section 9. Indemnification and Warranty.
(a) The Permittee shall defend, indemnify and hold harmless the GWMA and its officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney's fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA) for negligent or intentional acts, errors and omissions committed by the Permittee or its officers, employees, and agents, arising out of or related to that Permittee's performance under this Agreement, except for such loss as may be caused by GWMA's negligence or that of its officers, employees, or other representatives and agents, excluding the consultant. (b) GWMA makes no guarantee or warranty that any monitoring data prepared by the consultants shall be approved by the relevant governmental authorities.
GWMA shall have no liability to the Permittee for the negligent or intentional acts or omissions of GWMA's consultants.
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Section 10. Termination.
(a) The Permittee may terminate this Agreement for any reason, or no reason, by giving the GWMA prior written notice thereof, but the Permittee shall remain responsible for its entire Annual Payment Amount through the end of the current fiscal year during which Permittee terminates the Agreement and shall not be entitled any refund of any portion of said Annual Payment Amount. Moreover, unless the Permittee provides written notice of termination to the GWMA by February 15th immediately prior to a new fiscal year, the Permittee shall also be responsible for its Annual Payment Amount through the end of such new fiscal year (e.g., If the Permittee terminates on March 1st, 2024, the Permittee is responsible for the Annual Payment Amounts for both fiscal years 2023-2024 and 2024-2025. If the Permittee terminates on February 10, 2024, the Permittee is responsible for its Annual Payment Amount only for Fiscal year 2023- 2024, not for fiscal year 2024-2025). If the Permittee terminates the Agreement, the Permittee shall remain liable for any loss, debt, or liability otherwise incurred through the end of the new fiscal year.
(b) The GWMA may, with a vote of the GWMA Board, terminate this Agreement upon not less than thirty (30) days written notice to the Permittee. Any remaining funds not due and payable or otherwise legally committed to Consultant shall be returned to the Permittee.
Section 11. Miscellaneous.
(a) Other NPDES Permit Holders. Individual or general NPDES permit holders who are not MS4 Permittees that receive Harbor Toxic Pollutants TMDL monitoring requirements in their NPDES permits may wish to participate in this cost share for the Monitoring Costs in order to receive the monitoring data collected from the Monitoring Stations. Upon receipt of a written request from an NPDES permit holder to participate in this cost share, the GWMA will either reject or accept the NPDES permit holder's participation in the cost share arrangement. If accepted, the NPDES permit holder will enter into a separate cost share agreement with the GWMA that will require the NPDES permit holder to pay annually at least twelve thousand three hundred dollars ($12,300) ("Private Monitoring Fee") for the Monitoring Costs. Failure to pay the Private Monitoring Fee by the date set forth in the cost share agreement will result in termination of the NPDES permit holder's participant status. An NPDES permit holder accepted as a participant will only be entitled to receive the monitoring data collected from the Monitoring Stations for any fiscal year in which the participant has paid its Private Monitoring Fee. The Private Monitoring Fee will be applied as a credit toward the Permittee's Annual Payment Amount in proportion to the Permittee's Cost Share Amount identified in Exhibit "A."
(b) Notices. All Notices which the Parties require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
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ToGWMA:
Ms. Grace Kast
Executive Officer
16401 Paramount Boulevard
Paramount, CA 90723
To the Permittee:
City of Irwindale
5050 N. Irwindale Ave
Irwindale, CA 91706
Attn: Sarah Rocha
06/08/2023
(c) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by a written instrument signed by all Parties. (d) Waiver. Waiver by either the GWMA or the Permittee of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or the Permittee, to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this Agreement. (e) Law to Govern: Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles. (f) No Presumption in Drafting. The Parties to this Agreement agree that the general rule than an agreement is to be interpreted against the Party drafting it, or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and construed without the invalid, void, or unenforceable provisions(s).
(h) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this Agreement.
12664/0001/279556-1
06/08/2023
U) Legal Representation. All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language.
(k) Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of Permittee warrants and represents that he or she has the authority to execute this Agreement on behalf of the Permittee and has the authority to bind Permittee.
12664/0001/279556-1
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:
DATE: ______ _
DATE: _____ _
12664/00011279556-1
LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Adriana Figueroa
GWMAChair
PERMITTEE
City of Irwindale
Signature
Print Name
Print Title
EXHIBIT "A"
COST SHARE MATRIX
ATTACHED
City of Arcadia
City of Artesia
Citv of Aiu.s.a
City of Baldwin Parle
City of Bell
CitY of Bell Gardens
City of Bellflower
Oty of Bradbury
C"rty of Burbank
Oty of Calabasas
City of Cerritos
City of Claremont
City of Commetce
City of Compton
City of Covina
City of Cudah
City of Diamond Bar
City of Downey
City of Duarte
City of Ef Monte
City of Glendale
City of Glendora
City of Hawaiian Gardens
City of Hidden Hills
C"ny of Lakewood
City of tong Beach
City of Los Angeles
City of Norwalk
no 883.29 I $
ye< $
no s no s
ye> $ 594.86
yes $ 589.46
yes $
no $ 530.64 I $
no s 1,108.80
no $ 722.00
yes $
no s
Y"' $ 732.31
yes $ 857.25
no s
yes $ 546..30
no 5
yes $ 696.90 I 5 no s 549.90 I s
Harbor Toxic Upstream
FY 202.3-2024 Cost Share
647.821 1$ 1,531.11
670.42 I $ 1,999.78 I s 2,670.20
1,406.841 I s 1,406.84
1,195.601 I s 1,195.60
$ 594.86
$ S.89.46
788.131 IS 788.13
722.941 I$ 1,253.58
s 1,108.80
$ 722.00
s14.6t I s 3,3s6.65 I s 4,231.26
1,155.261 Is 1,755.26
$ 732,31
$ 857.25
1.214.671 I s 1,214.67
$ 546.30
1,225.381 s 3.704.23 I 5 4,929.61
1,182.791 I $ 1,879.69
818.961 Is 1,368.86
no s 747.97 I $ 835.94 s 1,583:.91
•o s 1,572.21 $ 1,572.21
no $ 1,845.14 1,845.14
Ye> $ 1,951.65 1,951.65
no $ SSS.SS 555.85
Ye< s "''"'
no
no
ves 3,914.U
no I IS 917.59 917.59
no I I$ 1,341.78 1,341.78
Y"' I S 505.20 I s 716.671 $ 1,956.11 3,178.97
yes I $ 933.38 I $ 710.261 $ 2,354.48 3,998.12
no I S 10,395.22 10,395.22
yes I $ 672.45 672.45
ves I $ 544.56 544.56
no I $ i76.51 I $ 635.93 1,412.44
yes I $ 795.66 795.66
no I$ n3.62 n3.62
yes I I$ 993.49 I S 3,218.96 4,212.45
10% $ 153-11
5% $ 133.51
10% $ 140.68
10% $ 11956
5% $ 29.74
5% $ 29.46
5% $ 39.41
10% $ 125.36
10% $ 110.88
10% $ 72.20
5% $ 21156
10% $ 175.53
5% s 36.63
5% $ 42...86
10% $ 121.47
5% $ 27.33
10% s 492.96
5% $ 93.98
10% $ 136.89
10% I s 158.39
103 I $ 157.22
10%
5%
10%
18451
97.58 SS.S9
30.44 ~,,,~§J,83
llJcS),,i\i;~~~;
$ 8054
$ >71.52
5.00%
0.00%
5.00%
5.00%
0.00%
0.00%
0.00%
5.00%
5.00%
5.00%
0.00%
5.00%
0.00%
0.00%
5.00%
0.00%
5.00%
0.00%
S.00%
S.00%
5.00%
S.00%
0.00%
5.00%
5% I $ 195.71 I 0.00%
10% I s 91.76 I s.00%
10% I s 134.18 I S.00%
5% I $ 158.95 I 0.00%
5% I s 199.91 I 0.00%
10% I S 1,039.52 I 5.00%
5% I s 33.62 I 0.00%
5% I $ 21.22 I 0.00%
10% I $ 141.24 I 5.00%
5% I s 39. 11 I 0.00%
10% I $ 77.36 I 5.00%
5% I s 210.62 I 0.00%
1,760.77
2,803.71
1,617.87
$ 59.78 I$ 1,374.93
$ $ 624.61
$ $ 618.93
$ $ 827.53
$ 62.68 Is 1,441.62
$ 55.44 I$ 1,275.12
s 36.10 I$ 830.30
5 $ 4,442.83
s 87.76 I$ 2,018.55
$ s 768.93
s $ 900.11
s 60.74 I$ 1,396.87
$ $ 573.62
s 246.48 I$ 5,669.05
$ $ 1,973.68
5 68.441 $ 1,574.19
s 79.20 1,821.50
$ 78.62 1,808.0S
s 92.26 2,Ul.91
5 2,049.23
s 27.79 639.23
185.771$ 4,272.54
$ 4,109.81
45.87 I $ 1.055.23
67.09 I$ 1,543.0S
$ 3,337.92
$ 4,198.03
5 519.761$ 11,954.50
$ $ 706.08
5 $ 571.78
5 70.62 I$ 1,624.30
$ $ 835.44
$ 38.68 I$ 889_66
$ $ 4,423.08
1 of2
yes s SS.5.81
City of Pomona no
City of Rosemead no $ 684.08
City of San Dimas no
City of San Fernando no $ 586.24
City of San Gabriel no $ 647.74
City of San Marino no $ 634.91
City of Santa Fe Springs ,., City of Sierra Madre no $ 601.19 City of Signal Hill ,., $ 509.09
Crty of South El Monte no $ 589.00
City of South Gate yes $ 760.08
City of South Pasadena no s 622.69
City of Temple City no $ 644.03
LA Countv Unlncorpotated no $ 2,829.92
Cjty of Vernon yes $ 683.37
City of Walnut no
City of West Covina no
Crty ofWhtttier yes
lACFCD no $ 2r119.64
Total $43,250.02
NOTES'
The GWMA administration cost ls as follows:
$ 1,142.56
$ 2,549.82
$ 1,918.04
$ 878.14 s
s 659.45
$ 4,772.41 $
$ 1,381.37
$ 1,979.57
$ 844.56 $
s 2,119.64 $
Harbor Toldc Upstream
FY 202.3·2024 Co!rt Share
s 1,728.36
s 2,549.82
s 684.08
s 1,918.04
s 586.24
s 647.74
s 634.91
3,361.55 s 4,239.69
$ 601.19
s 509.09
$ 1,248.45
s 760.08
s 622.69
$ 644.03
6,335.54 $ U,937.86
s 683.37
$ 1,381.37
s 1,979.57
S,124.38 $ 5,968.94
2,119.64 $ 6,358.92
$ 42,392.78 $ 42,392.78 $ 128,035.57
Direct admin fee is 0·5% for GWMA members andi 5·10% for non·mcmbe-rs.
Indirect ad min fee is 2-5% for non·members.
The- rates applied abo.-e assume the fol/awing :
GWMA Members Adm~n Fee = 5%
GWMANon·McmbcrsAdmin Fee-: 10%
GWMA Indirect Fe-e "'- 5%
$ 30.62 0.00% $ - $
$ 131.12 5.00% s 65.57 $
5% $ 86.42 0.00% $ - $ 1,814.7S.
10% $ :254.98 5.00% s 127.49 $ 2,932.29
10% $ 68.41 5.00% s 34.20 $ 786.69
10% $ 191.80 S.00% s 95.90 $ 2,205.74
10% s 58.62 5.00% s 29.30 s 674.18
10% s 64.77 5.00% s 32.39 $ 744.90
10% $ 63.49 S.00% $ 31.7S $ 730.15
5% s 211..98 0.00% s $ 4,451.68
10% $ 60.12 5.00% $ 30.05 $ 691.37
5% s 25-.45- 0.00% $ $ 534.54
10% s 124.84 5.00% s 62.42 s 1,435.72
5% $ 38.00 0.00% s $ 798.09
10% s 62.27 5.00% s 31.13 s 716.09
10% $ 64.40 5.00% $ 32.20 $ 740.63
10% $ 1,393.79 5.00% $ 696.89 $ 16,028.54
5% $ 34.17 0.00% $ $ 717.53
10% $ 138.14 S.00% s 69.07 s 1,588.57
10% $ 197.96 5.00% s 98.98 $ 2,276.51
5% $ 298.45 0.00% $ - $ G,267.:39
10% $ -535.89 5.00% $ 317.96 $ 7,312.75
$10,440.14 $ 4,038.39 $ 14i,514.1D
Z of2
,,.,
no
no
ye'
yes
City of Bellflower ,., Cit'( of Bradbury no
Citv of Burbank no
City of Calabasas no
City of Cerritos ye>
C;ty of ClaremDnt no
City of Commerce
Cit'i_ of Compton '"
City of Covina '" no
Citv of Cudah '"' Citt of Diamond Bar no
City of OOWf\QY ,.,
CW(_ of Duarte no
Citv of El Monte no
City of Glendale no
s
$
$ 597.44
$ 592.01
$
s s3i."4 rs
s 1,113.60
$ 725.12
$
s
$ 735.48
s 860.96
5 $ 548.66
s
s 69s.9i ls s s5i.i8 I$
S 7SL21 I$
$ 1,579.02
Harbor T oxlc Upstream
FY 2024-2025 Cost Share
s
673.32 $ z,ooa.43 I s 2,681.75
1,412.93. s 1,412.93
1,200.77 s 1,200.77
s 597.44
s 592.01
791.54 s 791.54
72.6.06 $ 1,259.00
s 1,113.60
$ 125.12
878.3-91 $ 3,371.17 s 4,249.57
1,762.85 s 1,762.85
s 735.48
$ 860.96
1,219.92 $ 1,219.92
$ 548.66
i).3:0.681 $ 3,720.25 s 4,950.93
1,187.91 s 1,887.82
&22.SO $ 1,374.78
839.$6 s 1,Sg0.76
s 1,579,02
Citv of Glendora no s 1.853.12 1,853.12
Cit)'_ of Hawaiian Gardens I ves s l,960.09 1,960.09
City_ of Hidden Hills I no $ 558.25 SSS,25
City of Huntington Park I yes s 611.36
CitV of lndu~ _ -~5L. S
r:otJ~J:lf!;>i-;< " """'<;r tv/>:i\Oft-;~ f/i i!ii~'Yi*$~~a;;l 0$hl" Ctfy-_~_fJ'.i:(i';il:ila((cl-Fflritndge-- 'J nu I ~ ouo.oo CJtt of La Habra Heights I no $
City of La Mirada I yes
City of La Puente I no $ 921.56
CitV of La Verne I no 1,347.59
City of takewood I yes s 5os.39 Is 11s.n1 s 1,964.57 Is 3,192,72 CJty of Lons Beach I ye:s $ 937.421$ 113.341 s 2,364.67 I s 4,015.42 Citv of Los Angeles I no $10,440.19 s 10,440.19
City_ of Lynwood 1 yes $ 675.36 s 675.36
City of Maywood I ve:s s 546.91 s 546.91
Cit( of Monrovia I no s 779.87 I$ 638.681 Is 1,418.55
Crty_ of Montebello I yes $ 799.10 s 799.10
City of Monterey Pi.fl<: I no $ 776.96 s n6.96
Cit"t of Norwalk I yes $ 997.79 I $ 3,232.88 I s 4,230.68 5% s 134.09 0.00% $
10% s 141.29 5.00% 70.64 Is 1,624.87
10% s 120.08 5.00% 60.04 Is 1,380.88
5% $ 29.87 0.00% $ 627.31
5% s 2959 0.00% $ 621.61
5% $ 39.58 0.00% $ 831.11
10% $ 125.90 5.00% 62.95 Is 1,447.85
10% $ 111-36 5.00% s 55.68 I $ 1,280.64
10% s 72.51 5.00% s 36.26 I$ 833.89
5% s 212.4S 0.00% s $ 4,462.05
10% s 176.29 5.00% s 88.141$ 2,027.28
5% $ 36.7& 0.00% s $ 772.25
5% s 43.05 0.00% s s 904.01
10% $ 121.99 S.00% s 61.01 I $ 1,402.91
5% $ 27.44 0.00% s s 576.10
10% s 495.09 5.00% s 247.55 Is 5,693-.57
5% s 94.39 0.00% $ $ 1,982.21
10% $ 137.48 5.00% s 68.74 I$ 1,581.00
10% 159.M 5.00% s 79.54 I$_ 1,829.38
10% 157.90 5.00% $ 78.96 I s 1,815.87
10% 185.31 5.00% s 92.66 2,131.09
5% 98.00 0.00% s 2,058.10
10% 55.83 5.00% $ 27.91 641.99
3057 0.00% 641.92
$ 373.13 S.00% s 186.58 I$ 4,291.02
5% s 19655 0.00% s s 4,127.59
10% $ 92.16 5.00% $ 46.07 Is 1,059,80
10% $ 134.76 S.00% $ 67.38 I$ 1,549.73
5% $ 159.64 0.00% s $ 3,352.36
5% $ 200.77 0.00% $ $ 4,216.19
10% $ 1,044.02 5.00% s 522.01 I $ 12,006.22
5% s 33.77 0.00% $ $ 709.13-
5% $ 27.34 0.00% s $ 574.26
10% $ 141.85 5.00% s 70.93 I $_ 1,63133
5% $ 39.95 0.00% s $ 839.06
10% s 77.70 5.00% s 38.85 I$ 89351
5% $ 211.53 0.00% s $ 4,442.21
lof2
""' s 588.34
no
no $ 687.04
no
no $ 588.78
City of silrlG"ilb-riel no $ 650.54
City of San Marino no $ 637.66
City of Santa Fe Springs yes
City of Sierra Madre no $ 603.79
Citv of S.i~nal Hill yes $ 511.29
Crty of South El Monte no s 591.55
City of South Gate yes $ 763.37
City of South Pasadena no $ 625.39
City ofTemple City no $ 646.81
lA County Unincorporated no s 2,842.16
City of Vernon ye> s 686.32
City of Walnu! no
City of West Covina no
City of Whittier
LACFCD ""' oo S 2,12S.81
Tot.a[· $43,4~7.U
NOTES'
Thie GWMA admll'listratlori cost Is as folrows;
$ 1,147.50
$ 2,560.85
$ l,926.34
$ 881.94
$ 662.30
$ 4,793.05
$ 1,387.34
$ 1,988.13
$ 848.22
s 2,128.81
$ 42,576.18
s
s
$
s
Harbor Toxic Ups.tream
FY 20Z4·Z02S Cost Share
s 1,735.84
$ 2,560.85
$ 687.04
s 1,926.34-
s 588.78
s 650.54
s 637.66
3,376.10 s 4,258.03
s 603.79
$ 511.29
s 1,253.SS
s 763.37
$ 625.39
s 646.81
6,362..95 $ 13,998.16
s 686.32
$ 1,387.34
s 1,988.13
5,146.55 s S,994.76
2,128.81 s 6,386.43
$ 42,576.lS $ 128,589.48
Ditrcct a.dmin fee is 0·5% ior GWMA members a.nd 5·10% for non-members.
Indirect ad min fee is 2-5%fur nolli·members.
The rates applied abo~ assume the jo1iowing :
GWMA Members Admrn Fee = 5%
GWMA Non·Mcmbcrs Admin !=cc= 10%
GWMA Indirect Fee"' 5%
$ 30.75 0.00% s - $
s 13L69 5.00% $ 65.86 $
5% s 86.79 0.00% $ - s
10% $ 256.08 S.00% $ 128.-04 $
10% $ 68.70 5.00% s 34.35 $
10% $ 192.63 5.00% $ 96.32 $ 2,215.29
10% $ 58.88 5.00% $ 29.43 $ 677.10
10% s 65.05 5.00% $ 32.53 $ 748.12.
10% $ 63.77 S.00% $ 31.88 $ 733.31
5% $ 212..90 0.00% s s 4,470.94
10% s 60.38 S.00% $ 30.18 s 694.36
5% s 25.56 0.00% $ $ 536.86
10% s 125.3S S.00% s 62.69 s 1,441.93
5% s 38.17 0.00% $ $ 801.54
10% $ 62.54 S.00% $ 31.27 $ 719.19
10% $ 64.68 5.00% s 32.34 $ 743-.83-
10% $ 1,399.82 5.00% s 699.91 s 16,097.B9
5% s 34.32 0.00% s - $ 720.64
10% $ 133.73 S.00% $ 69.37 $ l,595.44
10% $ 198.81 5.00% s 99.41 s 2,28635
S% $ 299.74 0.00% s - s 6,294.SO
10% s 638.64 5.00% s 319.33 s 7,344.39
$10,485.31 $ 4,055.86 $ 143,130.64
2 of2
City of Bellflower
City of Bradbury
City of Burbank
City of Calabasas
Citv of Cerritos
City of Claremont
City of Commerce
City of C<lmpton
City of Covina
Citv of Cudahy
City of Diamond Bar
City of Downey
City of Duarte
City of El Monte
City of Gl~ndale
City of Glendora
City of H;:iwaiian Gardens
City of Hidden Hills
City of La Puente
Citv of La Verne
City of Lakewood
City of Long Beach
Citv of los Angeles
City of Lynwood
Citv of Mavwood
City-0f Monrovia
City of Montebello
Citv of Monterev ?ark
City of Norwalk
yes
no 5
no $
yes $ 611.46
'OS $ 605.91
yes $
no r-s•s:•sn no s 1,139.74
no $ 742.14
yes $
no 5
yes $ 752.74
yes $ 881.17
no s
yes $ 561.54
no $
yes $ 116.34 Is no s 565.251 $
no $ 768.641$
no $ 1,616.0S
no $
yes
no $ 571.36
yes $ 625.71
n s .. \Z%Eli1¥1&WW~r> ;,;;iJkl,i <%~~K4t$f'"'
no I S 827.84
no s
yes
no $
no $
yes s 520.'2 Is
yes $ 959.42 I$ no $10,685.26
yes $ 691.22
yes $ 559.75
no $ 798.17 I$
yes $ 817.86
no $ 795.20
Harbor Toxic Upstream
FY 2025-2026 Cost Shilre
689.121 $ 2,055.57
1,446.09
1.228.95
605.91
810.12 5 810.12
743.11 $ 1,288,SS
$ 1,139.74
$ 742.14
899.011 s 3,450.31 I s 4,349.32
1,804.23 $ 1,804.23
$ 752.74
$ 881.17
1,248.56 $ 1,248.56
$ 56154
1,259.571 $ 3,807.58 s 5,067.15
1,215.79 $ 1,932.14
841.81 s 1,407.05
85-9.26 $ 1,628.10
$ 1,616.08
1,896.621 I s 1,896.62
s 2,006.10 I s 2,006.10
s
739.62 3,079.29 Is 3,818.91
4,023.31 $ 4,023.31
943.19 $ 943.19
1,379.22 $ .379.22
736.661 $ 2,010.68 Is 3,267.67
730.081 $ 2,420.17 $ 4,109.67
s 10,685.26
s 691.22
$ 559.75
653.67 s 1,451.85
$ 817.86
s 795.20
ye> $ 1,021.21 I $ 3,308.77 s 4,329.98
5% $ 137.23 0.00% 5 2,881.93
10% $ 144.61 5.00% 5 1,663.01
10% $ 122.90 5.00% 5 1,41330
5% $ 30.57 0,00% $ 642.03.
5% $ 30.29 0.00% 5 636.20
5% $ 40.51 0.00% 5 850.62
10% $ 128.86 5.00% $ 64.43 1.481.84
10% $ 113.97 5.00% 5 56.99 1,310.70
10% $ 74.21 5.00% $ 37.11 853.46
5% $ 217.47 0.00% $ 4,566.78
10% s 180,42 5.00% 5 90.21 2,074,87
5% $ 37.65 0.00% $ 790.38
5% $ 44.06 0.00% 5 925.23
10% $ 124.86 5.00% s Gi.44 1,435.84
5% $ 28.09 0.00% $ 589.62
10% s 506.71 5.00% $ 253.36 5,827.22
5% $ 96.61 0.00% $ 2,028.14
10% $ 140.71 5.00% s 70.35 l,61S.11
10% $ 162.81 5.00% s 81.41 I$ 1,872.32
10% 161.61 5.00% s 80.81 1.858.49
10% 189.66 5.00% s 94.83 2,18Ll2
5% 100.31 0.00% $ 2.106.41
57.14 5.00% $ 28.57 6S7.1l6
4,391.74
5% $ 201.17 0.00% s 4,224.48
10% $ 94.32 5.00% s 47.15 1.084.67
10% $ 137..92 5.00% s 68.96 1,586.10
5% $ 163.38 0.00% $ 3,431.05
5% $ 205.48 0.00% $ 4,31S.16
10% $ 1,068.53 5.00% s 534.26 12,288.05
S% $ 34.56 0.00% $ 72S.78
5% $ 27.98 0.00% $ 587-74
10% $ 145.18 5.00% s 72.59 1,669.62
5% $ 40.88 0.00% $ 858.7$
10% $ 79.52 5.00% s 39.76 914.48
5% $ 216.SO 0.00% s 4,S46.48
1 of2
Cit\/ of Pasadena no $ 1.347.8.2
City of Pico Rivera yes $ 602.15
City of Pomona no
City of Rosemead no $ 703.16
City of San Dimas no
City of San Fernando no $ 602.60
City of San Gabriel no s 665.81
City of San Marino no $ 652.63
City of Santa Fe SDrin2s yes
City of Sierra Mad re no $ 617.97
Citv of Signal Hill yes $ 523.29
City of South El Monte no s 605.44
City of South Gate yes $ 781.29
City of South Pasadena no $ 640.06
City of Temple Citv no $ 661.99
LA Countv Unincorporated no $ 2,908.87
City of Vernon yes s 702.43
City of Walnut no
City of West Covina no
City of Whittier yes
LACFCD no s 2,178.78
TotGI $44,456.74
NOTES'
The GWMA admlraistratlon cost Is as follows:
s 1,174.43
$ 2,620.96
$ 1,971.SS
s 902.64
$ 677.84
$ 4,905.56
s 1,419.91
$ 2,034.80
$ 868.13
s 2,178.78
$ 43,575.57
$
$
$
$
Harbor Toxle Upstream
FV 2025-2026 Cost Share
$ 629.46
$ 1,347.82
$ 1,776.58
$ 2,620.96
$ 703.16
s 1,971.55
s 602.60
s 665.81
s 652.63
3,455.34 $ 4,357.98
$ 617.97
s 523.29
$ 1,283.28
$ 781.29
s 640.06
$ 661.99
6,512.31 $ 14,326.74
5 702.43
$ 1,419.91
s 2,034.80
5,267.35 $ 6,135.48
2,178.78 $ 5,536.34
$ 43,575.S7 $ 131,607.88
Dir!!ctadmin foe iS 0·5% forGWMA members and 5·10%forrion-mcmbers.
Indirect admin fee is 2-5%fornon-members,
The rotes applied above assume thefoJlowing:
GWMA Members Admin Fee= $%
GWMA N.on·Mcmbcrs Adm in Fee: 10%
GWMA Indirect Fee,._ 5%
$% $ 31.47 0.00% $ . s
10% s 134.73 5.00% $ 67.40 s 1,549.99
$% $ 88.83 0.00% s . $ 1,865.41
10% s 262.10 S.00% $ 131.05 s 3,014.10
10% s 70.32 5.00% s 35_16 $ 808.64
10% $ 197.16 5.00% s 98.58 s 2,267.29
10% $ 60.26 5.00% $ 30.12 s 692.99
10% s 66.58 5.00% s 33.29 s 765.68
10% s 65.26 S.00% s 32.63 s 750.52
5% $ 217.90 0.00% s $ 4,575.83
10% $ 61.80 5.00% s 30.89 $ 710.66
5% s 26.16 0.00% $ $ 549.46
10% $ 128.33- 5.00% 5 64.16 $ 1,475.77
$% $ 39.06 0.00% $ . $ 820.36
10% $ 64.01 5.00% s 32.00 $ 736..07
10% $ 66.20 5.00% s 33.10 $ 761.29
10% $ 1,432.67 S.00% $ 716.34 $ 16,475.75
5% $ 35.12 0,00% s $ 73755
10% $ 141.99 S.00% s 71.00 $ 1,632.89
10% $ 203.48 5.00% s 101.74 $ 2,340.02
5% $ 306.77 0.00% $ . $ 6,442.25
10% $ 653.63 5.00% s 325.83 $ 7,51.6.79
$10,731.43 s 4,151.06 $ 146,490.37
2 of2
0City Council
DSuccessor Agency
D Housing Authority
I CC Item 8
City qt" ._ ________ __,
IRWINDALE
D Reclamation Authority AGENDA REPORT
DJoint Powers Authority
Date:
To:
From:
September 13, 2023
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
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
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 $394,774.10, plus a 20% contingency in the amount of $78,954.00 for a total of $473,728.10.
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 Manaqement & Inspection $ 76,266.06
Other Costs (Advertisement, PS&E Reproduction, etc.) $ 3,382.66 Total Cost of Project $ 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 II. 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 13rd day of SEPTEMBER 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
Eddie Chan, Dire
City of Irwindale
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 _________ _
IZJCity Council
DSuccessor_Agency
DHousing Authority
DReclamation Authority
DJoint Powers Authority
Date: September 13, 2023
Otyef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 9
Issue: Request to Approve a Project Reimbursement Agreement between the City and RIF Ill-Irwindale LLC ("Applicant") for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed Conditions of Approval, including CEQA, City Attorney, and contract planning costs associated with a proposed industrial building to be located at 15715 Arrow Highway (APN: 8619-001-059).
City Manager's Recommendation:
That the City Council approve the attached Project Reimbursement Agreement with RIF Ill-Irwindale LLC for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed Conditions of Approval of the Project, including all CEQA work conducted and all necessary CEQA documents prepared by the CEQA consultant selected by the City as Lead Agency and costs incurred by the City's Attorney's office and contract planning services.
Administrative Action:
Submitted by:
Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209
Prepared by:
Brandi Jones, Senior Planner
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer __ __,_/; __ ·-'-~-~=--L_, __ _c·="'-- Approved by:
Julian A. Miranda, City Manager
BACKGROUND
RIF Ill-Irwindale LLC, the Applicant, submitted an application to develop an approximately 105,000 square-foot speculative industrial, concrete tilt-up building for property located at 15715 Arrow Highway, in the M-2 (Heavy Manufacturing) zone. The application includes a request for a Site Plan and Design Review (DA) and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for land use entitlements.
The subject Project Reimbursement Agreement, which is attached for consideration, will reimburse the City for any fees incurred from consultants and attorneys as the City may require to process and negotiate permits, entitlements, and proposed Conditions of Approval of the proposed project. It will also reimburse the City for the environmental consultant, CEQA review and contract planning services. Staff is proposing the retention of ECORP Consulting, Inc. as a consultant to perform the environmental services for the proposed project. The contract with ECORP Consulting Inc. for these services is being considered separately by the City Council and will be funded by the Developer through the Project Reimbursement Agreement.
FISCAL IMPACT
The City's General Fund will not be impacted. The Applicant will provide a deposit of $408, 134.08 as an initial deposit to cover the estimated cost for this consultant's work.
The deposit amount represents the $291,511.00 contract service agreement by and between the City and ECORP Consulting, Inc., plus the required 28% administrative fee of $81,623.08, $15,000 for additional contract planning services, and $20,000 for legal review. Additional supplemental deposits may include costs for ECORP Consulting, lnc.'s work as well as for any work by other consultants and attorneys retained for the proposed project.
ATTACHMENT
A. Project Reimbursement Agreement with RIF Ill-Irwindale LLC Page2
ATTACHMENT "A"
PROJECT REIMBURSEMENT AGREEMENT
THIS PROJECT REIMBURSEMENT AGREEMENT (this "Agreement") is made as of September 13, 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and RIF Ill-Irwindale LLC, a California limited liability company, ("Developer").
RECITALS
A. Developer has submitted to City an application to develop a speculative concrete tilt-up light industrial buildings at 15715 Arrow Highway, in the City of Irwindale, California ("Project");
C. Pursuant to California Environmental Quality Act ("CEQA"), the Project must be reviewed by City for potential additional environmental impacts.
Environmental analysis is required under CEQA for land use entitlements. An Initial Study will be prepared, as part of the preparation of an environmental document for the Project. City will retain the services of outside consultants due to the nature and scope of the Project.
D. City and Developer agreed to enter into this Agreement to provide for the reimbursement of City by Developer for certain expenses to be incurred by City in undertaking the review of the Project pursuant to CEQA and preparation of the appropriate agreements to undertake the Project.
E. City and Developer desire to enter into this Agreement for the purpose of establishing the rights and responsibilities of each party with respect to the processing of Developer's application for the Project, the preparation of the environmental document for the Project and the reimbursement of the costs associated therewith.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Application Processing.
City shall diligently process Developer's application for the Project in compliance with applicable laws and shall cause to be prepared an environmental document for the Project in compliance with the CEQA (California Public Resources Code Section 21000 et seq.) and regulations promulgated pursuant thereto.
Developer acknowledges that this Agreement does not constitute a commitment by City to take any particular action either in favor of or against the merits of Developer's application.
2. Payment.
A. Developer shall be responsible for, and shall reimburse City for, all direct and indirect costs, fees and expenses of City related to review and City's undertaking of the planning, design, and permitting for the Project, including processing and negotiating any permits, entitlements and proposed conditions of approval for the Project. Developer's reimbursement shall be inclusive of any City efforts to facilitate the review and approval of the Project by other agencies, as may be needed, and the processing of the approvals which requires an analysis and approval under CEQA laws and regulations (the "City Costs"). City Costs include, but are not limited to:
(a) City Attorneys' fees, at a rate not to exceed $350.00 per hour including but not limited to, for drafting, negotiating and reviewing this Agreement, contracts with Consultants, contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, permitting, and for the processing of the Project approvals, (b) staff time required for drafting, negotiating and reviewing this Agreement, contracts with Consultants, and contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the processing, planning, design, and permitting for the Project; and (c) all costs associated with Sections 2(a) and 2(b) above, including consultant costs and fees; (d) all costs related to studies, reports and design services for the development of any Project-related infrastructure; (e) all costs related to investigations of the Property or the Project; and (f) any other fees and costs deemed necessary by the City in order to process, review, or act upon or complete the Project. Developer's obligation to deposit and reimburse City Costs are in addition to Developer's duty to indemnify, defend, and hold harmless City, as set forth in Section 8, below.
B. Within five (5) days of the City's approval of this Agreement, Developer shall pay to City a lump sum deposit in the amount of FOUR HUNDRED AND EIGHT
THOUSAND AND ONE HUNDRED AND THIRTY-FOUR DOLLARS AND EIGHT CENTS ($408, 134.08) ("Initial Deposit"), which deposit represents City's best estimate of Developer's ultimate obligation hereunder with respect to the Expenses.
C. If City subsequently determines that the Initial Deposit is insufficient, which determination shall be based on the actual Expenses incurred by the City hereunder, then upon receipt of twenty (20) days written notice from City, Developer shall pay City a lump sum deposit in the amount reasonably estimated by City to be sufficient to cover the excess (each a "Supplemental Deposit"). If Developer does not pay the Initial Deposit per Section 2.B above or any Supplemental Deposit when required under this Section 2.C. to City, work on the environmental document shall be suspended until the applicable Initial or Supplemental Deposit is made to City.
D. City shall provide Developer with a monthly accounting of City's use of - 2 -
the Deposits to pay Expenses within a reasonable time after the end of each calendar month during the term of this Agreement.
E. City shall promptly refund to Developer any amount of Developer's Deposits that remain unexpended at the end of the Project as well as provide Developer with a final monthly accounting of City's use of the Deposits. For purposes of this paragraph, "the end of the Project" means the time at which: (i) City's contractual liabilities to the CEQA Consultant under the Consultant Agreement and the Additional Consultants under the Contracts have been satisfied; and (ii) the earliest to occur of (a) City has rendered a final decision on the Project or (b) Developer has abandoned the Project pursuant to Section 3 below. As of the date of any termination of this Agreement, such termination shall also terminate any further funding or other obligations hereunder; except that Developer shall remain obligated to reimburse City for City's Expenses incurred prior to the date of termination of this Agreement.
F. Notwithstanding any provision herein to the contrary, the parties agree that the City's obligations to make payments to the CEQA Consultant pursuant to the Consultant Agreement and to the Additional Consultants pursuant to any Contracts shall be independent of and governed solely by the provisions of the Consultant Agreement and Contracts, as applicable. City shall make any payments to the CEQA Consultant when provided by the Consultant Agreement and to the Additional Consultants pursuant to the Contracts irrespective of any dispute arising hereunder.
3. Abandonment of Project. This Agreement does not constitute a commitment by Developer to proceed with the Project and Developer may choose to not proceed with the Project at any time for any or no reason whatsoever. If Developer should abandon the Project prior to a final decision on its application by City, then Developer may give written notice of such abandonment to City and City shall immediately suspend preparation of the environmental document and all other aspects of the environmental review for the Project.
4. Conflicts of Interest.
A. During the existence of City's contract with the CEQA Consultant, and for a period of one (1) year after final resolution of Developer's application for the Project, neither Developer, nor any of its representatives, agents or other persons acting in concert with Developer, shall enter into any financial relationship with the CEQA Consultant or with any City official or employee. Nor, during such period, shall Developer propose to enter into any future relationship with the CEQA Consultant or with any City official or employee.
B. Developer makes the following warranties for the 12-month period preceding the submission of its application for the Project. Developer warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, the CEQA Consultant or any of the CEQA Consultant's agents - 3 -
or employees. Developer further warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code Sections 87100 et seq.).
C. The parties acknowledge and agree that processing of Developer's application for the Project is not contingent on the hiring of any specific contractor.
D. The parties acknowledge and agree that Developer's duty to reimburse City is not contingent upon City's approval or disapproval of the Project or upon the result of any action of the City but that it is contingent on City's compliance with the terms and conditions of this Agreement.
E. Neither Developer nor its officers, employees or agents shall communicate with the CEQA Consultant or any Additional Consultant during the term of this Agreement, unless specifically authorized or requested to do so in writing by City.
5. Approval of Consultant Contract and Contracts. City shall promptly provide copies of (a) the proposed Consultant Contract; (b) any and all proposed Contracts; and (c) proposed amendments and supplements to the Consultant Contract and Contracts that would have the effect of revising the schedule or scope of work for such CEQA Consultant or Additional Consultant, prior to the execution thereof by City. Developer shall have a reasonable time thereafter within which to review and provide comments to and consult with City on such proposed Consultant Contract and Contracts and amendments and supplements thereto, but shall have no right to prevent their execution; provided, however, that Developer shall not be obligated to pay Expenses based upon a change in scope or schedule of any of them unless Developer has reviewed and approved such Consultant Contract or Contract or change thereto. Notwithstanding anything in this Agreement to the contrary, City may not revise, supplement or amend the scope of work proposed to be undertaken by the Environmental Consultant pursuant to the Consultant Contract without obtaining Developer's prior consent. Upon the execution of (i) the Consultant Contract and any amendments thereto by Environmental Consultant and City; and (ii) any Contracts and any amendments thereto by Additional Consultants and City; Developer's obligations with respect to such executed Consultant Contract and Contracts (each as amended) will be governed by the terms and conditions of this Agreement.
6. Notices. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party's regular business hours or by facsimile before or during receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses below, or to such other addresses as the parties may, from time to time, designate - 4 -
in writing pursuant to this section.
City:
City of Irwindale
Attention: Chief Deputy City Clerk
5050 N. Irwindale Avenue
Irwindale, CA 91706
Developer:
RIF Ill-Irwindale, LLC
Attn: Carlos Serra, EVP Construction &
Development
11620 Wilshire Blvd., Suite 1000
Los Angeles, CA 90025
7. Litigation. In the event that either party shall commence any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the drafting party. This Agreement shall be governed by and interpreted under the laws of the State of California.
8. Hold Harmless. Developer shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees (collectively, the "Indemnified Parties"), from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including, without limitation, reasonable attorneys' fees) (collectively, "Claims") arising out of a default by Developer of its obligations under this Agreement and the preparation by the City of the environmental document for the Project; provided, however, that the foregoing covenant to defend, indemnify and hold harmless the Indemnified Parties from and against any Claims shall not apply to any Claims (a) arising from the sole negligence, or fraud or intentional misconduct, of any Indemnified Party; or (b) covered by insurance.
9. Entire Agreement. This Agreement represents the entire and integrated agreement between City and Developer as to the subject matter contained herein. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties, which writing expressly refers to this Agreement.
- 5 -
10. Time of the Essence. Time is of the essence of each and every provision of this Agreement.
11. Counterparts. This Agreement may be executed in two or more fully or partially executed counterparts, each of which will be deemed an original binding the signer thereof against the other signing parties, but all counterparts together will constitute one and the same instrument.
12. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or enforceability of any of the terms or provisions of thisAgreement.
13. Further Assurances. Each party, at the request of the other, shall execute, acknowledge or have notarized (if appropriate) and deliver in a timely manner such additional documents, and do such other additional acts, also in a timely manner, as may be reasonably required in order to accomplish the intent and purposes of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
- 6 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
- 7 -
CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
"DEVELOPER":
RIF Ill-Irwindale LLC, a California limited
liability company
By: ____________ _
Name: Carlos Serra
Title: Executive Vice President,
Development and Construction
Address: 11620 Wilshire Blvd.,
Suite 1000
Los Angeles, CA 90025
By: ____________ _
Name: Bruce Herbkersman
Title: Senior Vice President
Address: 11620 Wilshire Blvd.,
Suite 1000
Los Angeles, CA 90025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docwnent to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
ST ATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF 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 rnay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) D LIMITED
D GENERAL NUMBER OF PAGES
0 ATTORNEY-IN-FACT
D TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
- 8 -
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
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
- 9 -
ISJCity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
Cityef
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 10
Issue: Request to Approve a Project Reimbursement Agreement between the City and Rexford Industrial - 14005 Live Oak, LLC ("Applicant") for the reimbursement of costs associated with processing and negotiating permits, entitlements and proposed Conditions of Approval, including CEQA, City Attorney, and contract planning costs associated with a proposed industrial building to be located at 14005 Live Oak Ave (APNs: 8535-001-033).
City Manager's Recommendation:
That the City Council approve the attached Project Reimbursement Agreement with Rexford Industrial - 14005 Live Oak, LLC for the reimbursement of costs associated with processing and negotiating permits, entitlements, and proposed conditions of approval of the Project, including all CEQA work conducted and all necessary CEQA documents prepared by the CEQA consultant selected by the City as Lead Agency and costs incurred by the City's Attorney's office and contract planning services.
Administrative Action:
Submitted by:
Marilyn Simpson, AICP, Community Development
Director
(626) 430-2209
Prepared by:
Lisa Chou, AICP, Associate Planner
Reviewed by:
Adrian R. Guerra, City Attorney Electronically Approved Kambiz Borhani, Finance Director I City Treasurer __ .,_;(/_~· /_~~---' __ _ Approved by:
Julian A. Miranda, City Manager
BACKGROUND
Rexford Industrial - 14005 Live Oak, LLC, the Applicant, submitted a request for the construction of a ±102,400 square foot speculative industrial building for the property located at 14005 Live Oak Ave (APN: 8535-001-033), in the M-2 (Heavy Manufacturing) zone (Project). The application includes a request for a Site Plan and Design Review (DA) and the environmental analysis, which is required under the California Environmental Quality Act (CEQA) for land use entitlements.
The subject Project Reimbursement Agreement, which is attached for consideration, will reimburse the City for any fees incurred from consultants and attorneys as the City may require to process and negotiate permits, entitlements and proposed Conditions of Approval of the proposed project. It will also reimburse the City for the environmental consultant and CEQA review. Staff is proposing the retention of Kimley-Horn and Associates, Inc. as a consultant to perform the environmental services for the proposed project. The contract with Kimley-Horn and Associates, Inc. for these services is being considered separately by the City Council and will be funded by the Developer through the Project Reimbursement Agreement.
FISCAL IMPACT
The City's General Fund will not be impacted. The Applicant will provide a deposit of $197, 138.88 as an initial deposit to cover the estimated cost for this consultant's work.
The deposit amount represents the $126,671.00 contract service agreement by and between the City and Kimley-Horn and Associates, Inc. plus the required 28% administrative fee of $35,467.88, $15,000 for additional contract planning services and $20,000 for legal review. Additional supplemental deposits may include costs for KimleyHorn and Associates, lnc.'s work as well as for any work by other consultants and attorneys retained for the proposed project.
ATTACHMENT
A. Project Reimbursement Agreement with Rexford Industrial - 14005 Live Oak, LLC.
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ATTACHMENT "A"
PROJECT REIMBURSEMENT AGREEMENT
THIS PROJECT REIMBURSEMENT AGREEMENT (this "Agreement") is made as of September 13, 2023, by and between the City of Irwindale, a California municipal corporation ("City"), and Rexford Industrial - 14005 Live Oak, LLC, a California limited liability company ("Developer").
RECITALS
A. Developer has submitted to City an application to develop a speculative concrete tilt-up light industrial buildings at 14005 Live Oak Ave, in the City of Irwindale, California ("Project");
C. Pursuant to California Environmental Quality Act ("CEQA"), the Project must be reviewed by City for potential additional environmental impacts.
Environmental analysis is required under CEQA for land use entitlements. An Initial Study will be prepared, as part of the preparation of an environmental document for the Project. City will retain the services of outside consultants due to the nature and scope of the Project.
D. City and Developer agreed to enter into this Agreement to provide for the reimbursement of City by Developer for certain expenses to be incurred by City in undertaking the review of the Project pursuant to CEQA and preparation of the appropriate agreements to undertake the Project.
E. City and Developer desire to enter into this Agreement for the purpose of establishing the rights and responsibilities of each party with respect to the processing of Developer's application for the Project, the preparation of the environmental document for the Project and the reimbursement of the costs associated therewith.
NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Application Processing.
City shall diligently process Developer's application for the Project in compliance with applicable laws and shall cause to be prepared an environmental document for the Project in compliance with the CEQA (California Public Resources Code Section 21000 et seq.) and regulations promulgated pursuant thereto.
Developer acknowledges that this Agreement does not constitute a commitment by City to take any particular action either in favor of or against the merits of Developer's application.
2. Payment.
A. Developer shall be responsible for, and shall reimburse City for, all direct and indirect costs, fees and expenses of City related to review and City's undertaking of the planning, design, and permitting for the Project, including processing and negotiating any permits, entitlements and proposed conditions of approval for the Project. Developer's reimbursement shall be inclusive of any City efforts to facilitate the review and approval of the Project by other agencies, as may be needed, and the processing of the approvals which requires an analysis and approval under CEQA laws and regulations (the "City Costs"). City Costs include, but are not limited to:
(a) City Attorneys' fees, at a rate not to exceed $350.00 per hour including but not limited to, for drafting, negotiating and reviewing this Agreement, contracts with Consultants, contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the planning, design, permitting, and for the processing of the Project approvals, (b) staff time required for drafting, negotiating and reviewing this Agreement, contracts with Consultants, and contracts with other agencies and public agencies, and any documents that the City deems necessary in connection with undertaking of the processing, planning, design, and permitting for the Project; and (c) all costs associated with Sections 2(a) and 2(b) above, including consultant costs and fees; (d) all costs related to studies, reports and design services for the development of any Project-related infrastructure; (e) all costs related to investigations of the Property or the Project; and (f) any other fees and costs deemed necessary by the City in order to process, review, or act upon or complete the Project. Developer's obligation to deposit and reimburse City Costs are in addition to Developer's duty to indemnify, defend, and hold harmless City, as set forth in Section 8, below.
B. Within five (5) days of the City's approval of this Agreement, Developer shall pay to City a lump sum deposit in the amount of ONE HUNDRED AND NINETYSEVEN THOUSAND AND ONE HUNDRED AND THIRTY-EIGHT DOLLARS AND EIGHTY-EIGHT CENTS ($197,138.88) ("Initial Deposit"), which deposit represents City's best estimate of Developer's ultimate obligation hereunder with respect to the Expenses.
C. If City subsequently determines that the Initial Deposit is insufficient, which determination shall be based on the actual Expenses incurred by the City hereunder, then upon receipt of twenty (20) days written notice from City, Developer shall pay City a lump sum deposit in the amount reasonably estimated by City to be sufficient to cover the excess (each a "Supplemental Deposit"). If Developer does not pay the Initial Deposit per Section 2.B above or any Supplemental Deposit when required under this Section 2.C. to City, work on the environmental document shall be suspended until the applicable Initial or Supplemental Deposit is made to City.
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D. City shall provide Developer with a monthly accounting of City's use of the Deposits to pay Expenses within a reasonable time after the end of each calendar month during the term of this Agreement.
E. City shall promptly refund to Developer any amount of Developer's Deposits that remain unexpended at the end of the Project as well as provide Developer with a final monthly accounting of City's use of the Deposits. For purposes of this paragraph, "the end of the Project" means the time at which: (i) City's contractual liabilities to the CEQA Consultant under the Consultant Agreement and the Additional Consultants under the Contracts have been satisfied; and (ii) the earliest to occur of (a) City has rendered a final decision on the Project or (b) Developer has abandoned the Project pursuant to Section 3 below. As of the date of any termination of this Agreement, such termination shall also terminate any further funding or other obligations hereunder; except that Developer shall remain obligated to reimburse City for City's Expenses incurred prior to the date of termination of this Agreement.
F. Notwithstanding any provision herein to the contrary, the parties agree that the City's obligations to make payments to the CEQA Consultant pursuant to the Consultant Agreement and to the Additional Consultants pursuant to any Contracts shall be independent of and governed solely by the provisions of the Consultant Agreement and Contracts, as applicable. City shall make any payments to the CEQA Consultant when provided by the Consultant Agreement and to the Additional Consultants pursuant to the Contracts irrespective of any dispute arising hereunder.
3. Abandonment of Project. This Agreement does not constitute a commitment by Developer to proceed with the Project and Developer may choose to not proceed with the Project at any time for any or no reason whatsoever. If Developer should abandon the Project prior to a final decision on its application by City, then Developer may give written notice of such abandonment to City and City shall immediately suspend preparation of the environmental document and all other aspects of the environmental review for the Project.
4. Conflicts of Interest.
A. During the existence of City's contract with the CEQA Consultant, and for a period of one (1) year after final resolution of Developer's application for the Project, neither Developer, nor any of its representatives, agents or other persons acting in concert with Developer, shall enter into any financial relationship with the CEQA Consultant or with any City official or employee. Nor, during such period, shall Developer propose to enter into any future relationship with the CEQA Consultant or with any City official or employee.
B. Developer makes the following warranties for the 12 month period preceding the submission of its application for the Project. Developer warrants that it has not entered into any arrangement to pay financial consideration to, and has not - 3 -
made any payment to, the CEQA Consultant or any of the CEQA Consultant's agents or employees. Developer further warrants that it has not entered into any arrangement to pay financial consideration to, and has not made any payment to, any City official, agent or employee that would create a legally cognizable conflict of interest as defined in the Political Reform Act (California Government Code Sections 87100 et seq.).
C. The parties acknowledge and agree that processing of Developer's application for the Project is not contingent on the hiring of any specific contractor.
D. The parties acknowledge and agree that Developer's duty to reimburse City is not contingent upon City's approval or disapproval of the Project or upon the result of any action of the City but that it is contingent on City's compliance with the terms and conditions of this Agreement.
E. Neither Developer nor its officers, employees or agents shall communicate with the CEQA Consultant or any Additional Consultant during the term of this Agreement, unless specifically authorized or requested to do so in writing by City.
5. Approval of Consultant Contract and Contracts. City shall promptly provide copies of (a) the proposed Consultant Contract; (b) any and all proposed Contracts; and (c) proposed amendments and supplements to the Consultant Contract and Contracts that would have the effect of revising the schedule or scope of work for such CEQA Consultant or Additional Consultant, prior to the execution thereof by City. Developer shall have a reasonable time thereafter within which to review and provide comments to and consult with City on such proposed Consultant Contract and Contracts and amendments and supplements thereto, but shall have no right to prevent their execution; provided, however, that Developer shall not be obligated to pay Expenses based upon a change in scope or schedule of any of them unless Developer has reviewed and approved such Consultant Contract or Contract or change thereto. Notwithstanding anything in this Agreement to the contrary, City may not revise, supplement or amend the scope of work proposed to be undertaken by the Environmental Consultant pursuant to the Consultant Contract without obtaining Developer's prior consent. Upon the execution of (i) the Consultant Contract and any amendments thereto by Environmental Consultant and City; and (ii) any Contracts and any amendments thereto by Additional Consultants and City; Developer's obligations with respect to such executed Consultant Contract and Contracts (each as amended) will be governed by the terms and conditions of this Agreement.
6. Notices. Any notices, bills, invoices or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party's regular business hours or by facsimile before or during receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses - 4 -
below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
City:
City of Irwindale
Attention: Chief Deputy City Clerk
5050 N. Irwindale Avenue
Irwindale, CA 91706
Developer:
Rexford Industrial - 14005 Live Oak, LLC
Attn: Carlos Serra, EVP Construction &
Development
11620 Wilshire Blvd., Suite 1000
Los Angeles, CA 90025
7. Litigation. In the event that either party shall commence any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees. The venue for any litigation shall be Los Angeles County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the drafting party. This Agreement shall be governed by and interpreted under the laws of the State of California.
8. Hold Harmless. Developer shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees (collectively, the "Indemnified Parties"), from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including, without limitation, reasonable attorneys' fees) (collectively, "Claims") arising out of a default by Developer of its obligations under this Agreement and the preparation by the City of the environmental document for the Project; provided, however, that the foregoing covenant to defend, indemnify and hold harmless the Indemnified Parties from and against any Claims shall not apply to any Claims (a) arising from the sole negligence, or fraud or intentional misconduct, of any Indemnified Party; or (b) covered by insurance.
9. Entire Agreement. This Agreement represents the entire and integrated agreement between City and Developer as to the subject matter contained herein. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties, which writing expressly refers to this Agreement.
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10. Time of the Essence. Time is of the essence of each and every provision of this Agreement.
11. Counterparts. This Agreement may be executed in two or more fully or partially executed counterparts, each of which will be deemed an original binding the signer thereof against the other signing parties, but all counterparts together will constitute one and the same instrument.
12. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or enforceability of any of the terms or provisions of thisAgreement.
13. Further Assurances. Each party, at the request of the other, shall execute, acknowledge or have notarized (if appropriate) and deliver in a timely manner such additional documents, and do such other additional acts, also in a timely manner, as may be reasonably required in order to accomplish the intent and purposes of this Agreement.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
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CITY OF IRWINDALE, a municipal
corporation
H. Manuel Ortiz, Mayor
"DEVELOPER":
Rexford Industrial - 14005 Live Oak,
LLC, a California limited liability company
By: ____________ _
Name: Carlos Serra
Title: Executive Vice President,
Development and Construction
Address: 11620 Wilshire Blvd.,
Suite 1000
Los Angeles, CA 90025
By: ____________ _
Name: Bruce Herbkersman
Title: Senior Vice President
Address: 11620 Wilshire Blvd.,
Suite 1000
Los Angeles, CA 90025
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
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
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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 docun1ent to \Vhich this certificate is attached, and not the truthfulness, accuracy or validity of that docu111ent.
STATE OF CALIFORNIA
COUNTY OF
On before me, , Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
D INDIVIDUAL
D CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
D PARTNER(S) D LIMITED
D GENERAL NUMBER OF PAGES
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D DATE OF DOCUMENT
OTHER
-
-- SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
--
--
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ISJCity Council
DSuccessor Agency
D Housing Authority
D Reclamation Authority
DJoint Powers Authority
Date: September 13, 2023
Cityo/
IRWINDALE
AGENDA REPORT
To:
From:
Honorable Mayor and Members of the City Council
Julian A. Miranda, City Manager
CC Item 11
Issue: Request to approve Amendment No. 2 to the Professional Consulting Contract with lnterwest Consulting Group and adopt Resolution No. 2023-68-3446 approving an appropriation adjustment for the use of state grant funds for the Comprehensive Zoning Ordinance Update
City Manager's Recommendation:
1) Approve the attached contract Amendment No. 2 with lnterwest Consulting Group for the preparation of the Comprehensive Zoning Ordinance Update; and 2) Adopt the attached Resolution No. 2023-68-3446, entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF IRWINDALE, APPROVING APPROPRIATION
ADJUSTMENTS FOR THE USE OF STATE GRANT FUNDS FOR THE
COMPREHENSIVE ZONING ORDINANCE UPDATE."
Administrative Action:
Submitted by:
Marilyn Simpson, AICP,
Community Development Director
(626) 430-2209
Prepared by:
Lisa Chou, AICP, Associate Planner
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director I City Treasurer
Approved by:
Julian A. Miranda, City Manager
Electronically Approved
Background and Analysis:
On March 25, 2020, the City Council approved the Professional Consulting Contract with lnterwest Consulting Group (lnterwest) for the preparation of a Comprehensive Zoning Ordinance update, optional tasks and applicable environmental review for a total cost of $214,860. Of this amount, $125,000 was to be funded from the $160,000 SB 2 Planning Grant Program the City was awarded back on February 24, 2020.
On December 8, 2021, the City Council approved Amendment No. 1 to revise the "Schedule of Performance". Although project was anticipated to be completed by June 2021, due to the multiple factors, including the pandemic, scheduling conflicts, limited staffing, and changes in land use legislation, the timeline to complete the project has been delayed. Amendment No. 1 established a revised "Schedule of Performance" that carried the project through January 2023.
However, to include the new state mandates regarding housing, provide additional time for community review, and complete the environmental analysis, the timeline for the project has been updated. A revised Schedule of Performance plus an additional fee of $25,500 which brings the contract total to $240,360 ($214,860 + $25,500) have been included in Amendment No. 2 as Exhibit "A", with an expected completion date of February 2024.
The extended project timeline will include new state mandates for housing which are outside of the original scope of the Comprehensive Zoning Ordinance Update. Staff has also been informed that the additional scope to include the new housing legislation qualifies as preapproved tasks as laid out by the SB 2 Planning Grant which means the remaining $35,000 of the $160,000 grant can now be applied towards this agreement eliminating the need to ask for additional funding from the General Fund.
Fiscal Impact:
There is no fiscal impact to revise the Schedule of Performance or the appropriation of remaining $35,000 funds from the SB2 Planning Grant. For the remainder of the contract balance, the City Council had also approved $53,916 (Mining Impact Fund (60%)) and $35,944 (General Fund (40%)) on April 22, 2020, which is sufficient to cover the remaining costs for this contract.
Attachments:
A - Resolution No. 2023-68-3446
B - Amendment No. 2 to the Professional Services Agreement with lnterwest Consulting Group dated September 13, 2023
C - Professional Services Agreement with lnterwest Consulting Group dated March 25, 2020 ATTACHMENT "A"
RESOLUTION NO. 2023-68-3446
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING APPROPRIATION ADJUSTMENTS FOR THE USE OF STATE GRANT
FUNDS FOR THE COMPREHENSIVE ZONING ORDINANCE UPDATE
WHEREAS, Title 17 of the Irwindale Municipal Code consists of the City's Zoning Ordinance, for which various amendments have been adopted throughout the years and currently requires a Comprehensive Zoning Ordinance Update ("Update") to properly meet the current and future needs of the City; and
WHEREAS, after a Request for Proposals (RFP) process, on March 25, 2020 the City Council approved a Professional Consulting Services Contract with lnterwest Consulting Group to perform the Update; and
WHEREAS, the professional services contract between the City and lnterwest Consulting Group ("Agreement") for the Update was approved, with a total Contract Sum of $214,860, for which sufficient funds were included in the FY 2019-2020 Community Development Budget funded by the General Fund; and
WHEREAS, during the City Council meeting on March 25, 2020, City Staff was directed to confirm whether alternate funding sources would be eligible to fund a portion of the cost of the Update; and
WHEREAS, on February 24, 2020, the City received notification from HCD that the City's application for an SB 2 Planning Grant was approved and the City was awarded $160,000 in grant funds; and
WHEREAS, during the City Council meeting on April 22, 2020, the City Council approved the appropriation of $125,000 of the $160,000 SB2 Planning Grant funds to be used toward the Contract Sum per the Council's prior directive to find alternative funding sources; and
WHEREAS, additional funds from the Mining Impact Fund of up to $89,860 werealso identified by staff as an alternate funding source to fund the cost of the Contract Sum per the Council's prior directive to find alternative funding sources; and WHEREAS, although the Update was anticipated to be completed by June 2021, due to the multiple factors, including the pandemic, scheduling conflicts, limited staffing, and changes in land use legislation, the timeline to complete the project has been delayed. On December 8, 2021, the City Council approved the first Amendment to the Agreement ("First Amendment"), to revise the "Schedule of Performance" due to these delays; and
WHEREAS, as the state has adopted additional housing legislation, the Update must now include new mandates that are outside of the original scope of the project, including, but not limited to, establishing objective standards and updating the Accessary Dwelling Unit regulations to comply with State laws, requiring a second Amendment to the Agreement ("Second Amendment"); and
WHEREAS, the Second Amendment would amend the scope of services to the Agreement to include additional mandates under new state housing legislation, and would amend the schedule of performance and contract sum as a result of the additional services; and
WHEREAS, Section 1.9 of the Agreement requires that any increase in compensation to the Agreement in excess of $25,000 must be approved by the City Council; and
WHEREAS, staff has been advised that the remainder of the $35,000 from the SB2 Planning Grant of $160,000 can be allocated towards the cost of the Update to cover the new scope of the Agreement, and is now requesting such an allocation.
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines, and orders as follows:
SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.
SECTION 2. The City Council does hereby approve the Second Amendment to the Contract Services Agreement between the City of Irwindale and lnterwest Consulting Group, attached hereto as "Exhibit A".
SECTION 3. The City Council hereby approves an appropriation adjustment to allocate the remaining $35,000 of the SB2 Planning Grant toward completion of the comprehensive zoning code update. The additional appropriation will have no impact on the General Fund or previously appropriated amounts.
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 13th day of September, 2023.
ATTEST:
Laura M. Nieto, MMC
Chief Deputy City Clerk
H. Manuel Ortiz, Mayor
Resolution No. 2023-68-3446
Page2
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2023-68-3446 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 13th day of September 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2023-68-3446