Irwindale City Council
June 26, 2024

CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200

NOTICE AND AGENDA FOR THE AMENDED SPECIAL AND

REGULAR MEETING OF THE

CITY COUNCIL

SUCCESSOR AGENCY TO THE

IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

HOUSING AUTHORITY
June 26, 2024
SPECIAL MEETING – 5:30 PM
REGULAR MEETING – 6:30 PM
CLOSED SESSION – CONFERENCE ROOM
OPEN SESSION – CITY COUNCIL CHAMBER
ALBERT F. AMBRIZ - Mayor
LARRY G. BURROLA - Mayor Pro Tem
MARK A. BRECEDA - Councilmember
MANUEL R. GARCIA - Councilmember
H. MANUEL ORTIZ - Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.

Listen Over Phone: 1-669-900-6833; Webinar ID: 871-0459-2389

June 26, 2024

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/AB2449-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).

Compensation for Board Members: Compensation for the members of the Irwindale City Council is $750.16 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the regular meetings of the Successor Agency to the Irwindale Community Redevelopment Agency. Councilmembers will receive additional compensation of $50/meeting, not to exceed $150 per month, for the convening the regular meetings of the Irwindale Housing Authority and an additional compensation of $300/meeting for convening the regular meetings of the Irwindale Reclamation Authority.

June 26, 2024

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

June 26, 2024

SPECIAL MEETING

1. CALL TO ORDER

2. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola; Mayor Albert F. Ambriz

3. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

4. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

5. RECESS TO CLOSED SESSION
A. Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Adrian Guerra, Legal Counsel; Kambiz Borhani, Finance Director; Mary Hull, Human Resources Manager Employee Organizations: IMEA, ICEA, IPOA, and Unrepresented Employees Agency Designated Representative: Julian A. Miranda, City Manager Unrepresented Employee: Adrian Guerra, City Attorney
B. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1) Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
C. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54956.9 (d)(4)] Number of Cases: One
*Agenda amended on Tuesday, June 25, 2024 @ 4:55 p.m. to add Item C

6. RECONVENE IN OPEN SESSION

7. REPORT FROM CLOSED SESSION

8. ADJOURNMENT

June 26, 2024

REGULAR MEETING

9. CALL TO ORDER

10. PLEDGE OF ALLEGIANCE

11. INVOCATION

12. ROLL CALL: Councilmembers: Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola Mayor Albert F. Ambriz

13. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

14. CHANGES TO THE AGENDA

15. COUNCIL MEMBER TRAVEL REPORTS

16. COUNCILMEMBER COMMENTS

17. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS

18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Oath of Office to Commissioner Casey J. Miranda
B. Proclamation - Parks Make Life Better Month

19. CONSENT CALENDAR
A. Joint Minutes of the City Council, Housing Authority, and Reclamation Authority meeting held May 29, 2024
Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
C. Accepting and approving the FY 2024-2025 operating budget, reallocation of previously donated funds, and carryforward of previous year's budget of the Irwindale Community Foundation Department: Finance

June 26, 2024

Recommendation: It is recommended that the City Council adopt Resolution No. 2024-27-3504 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ACCEPTING AND APPROVING THE IRWINDALE COMMUNITY FOUNDATION FISCAL YEAR 2024-2025: 1) OPERATING ANNUAL BUDGET; 2) REALLOCATION OF PREVIOUSLY DONATED FUNDS; AND 3) CARRYFORWARD PREVIOUS YEAR'S BUDGET."
D. Fee Waiver for Use of the Dan Diaz Recreation Center for the 4-Day Vote Center - November 5, 2024
Department: City Clerk
Recommendation: Adopt Resolution No. 2024-48-3525 entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING A FEE WAIVER FOR THE LOS ANGELES COUNTY

REGISTRAR RECORDER, WAIVING CITY FACILITY RENTAL FEES FOR A VOTE CENTER FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOTE CENTER ELECTION PLAN".

E. 2nd Reading - Ordinance No. 778
Department: Community Development
Recommendation: That the City Council adopt on second reading by title only with further reading waived Ordinance No. 778, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AND ADDING SECTION 17.04.090 (“PUBLIC PROJECT EXEMPTION”) TO CHAPTER 17.04 (“GENERAL PROVISIONS AND REGULATIONS”) OF TITLE 17 (“ZONING”) OF THE IRWINDALE MUNICIPAL CODE TO EXEMPT PUBLIC PROJECTS FROM THE ZONING CODE,” and find the project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3)
F. Approval of Contract Agreement between Los Angeles County Department of Animal Care and Control and City of Irwindale for Animal Care & Control Services Department: Public Services
Recommendation: City Council approve and authorize the City Manager to enter into a five-year agreement with Los Angeles County for Animal Care and Control Services.

G. Approve the First Amendment to the Contract Services Agreement for the Senior Center Nutrition Program
Department: Public Services
Recommendation: That the City Council authorize the City Manager to execute a First Amendment to the Contract Services Agreement with TRIO Community Meals for the Senior Center Nutrition Meal Program.

H. Award of Contract for Janitorial Services for City of Irwindale Facilities Department: Public Services
Recommendation: That the City Council adopt Resolution No. 2024-49-3526 entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AN AWARD OF

June 26, 2024

CONTRACT AND AGREEMENT WITH BRITEWORKS, INC FOR JANITORIAL SERVICES FOR CITY OF

IRWINDALE FACILITIES, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND APPROVING AN APPROPRIATION OF FUNDS FOR THE AGREEMENT”.

I. Approve the Purchase of an ADA Van
Department: Public Services
Recommendation: That the City Council adopt Resolution No. 2024-47-3524 entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), AUTHORIZING

THE ISSUANCE OF A PURCHASE ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF A 2024 FORD TRANSIT PASSENGER WAGON/ADA VAN FOR THE IRWINDALE SENIOR CENTER”
J. Amendment No. 1 to Reimbursement Agreement with LIT Reliance II, LP (Clarion & Trammel Crow)
Department: Finance
Recommendation: Approve Amendment No. 1 to the Reimbursement Agreement between the City of Irwindale and LIT Reliance II, LP for the City's consideration and processing of Reliance II Specific Plan development applications.

K. Award Willdan Financial Services Contract for Formation of Community Facilities District Department: Finance
Recommendation: Approve Agreement with Willdan Financial Services for a not-to-exceed amount of $47,500; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Attorney; and
L. Acceptance of the Dan Diaz Recreation Center Reroofing Project; P-1063 Department: Engineering
Recommendation: That the City Council (1) accept the improvements and maintenance responsibilities for the completed Dan Diaz Recreation Center Reroofing Project P-1063; (2) approve the final construction project amount of $680,017 under the construction contract with Best Contracting Services, Inc. (3) authorize the City Clerk to record the Notice of Completion; and (4) authorize the Finance Director to release the 5% retention amount for the project.

M. Request to Approve a Funding Memorandum of Agreement Between the Cities of Azusa, Duarte, and Irwindale, and the San Gabriel Valley Council of Governments Department: Administration
Recommendation: That the City Council of the City of Irwindale approve and authorize the City of Irwindale (City) to enter into a Funding Memorandum of Agreement (MOA) between the Cities of Azusa, Duarte, and Irwindale, and the San Gabriel Valley Council of Governments to set forth the terms for the distribution of SB 104 Funds.

20. SPONTANEOUS COMMUNICATIONS

June 26, 2024

This is the time set aside for members of the audience speak on items not on this agenda that are within the City Council’s subject matter jurisdiction. 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 participate (except as stated), it is requested that all such communications be made in writing to be included on the next agenda for full discussion and action
All members of the public are asked to observe the City’s Rules of Procedure and Public Meeting Decorum. The City’s Rules of Procedure and Public Meeting Decorum can be found on the City’s website, and Chapter 2.40 of the Irwindale Municipal Code. You may also contact the City Clerk’s Office for copies.

Each speaker will be limited to 3 minutes unless such time limits are extended. 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. The Presiding Officer may, in his or her discretion, extend the 3-minute time limitation for the particular subject for all speakers. Organized groups of persons wishing to address the Council on the same subject should select a spokesperson to represent the group, so as to avoid unnecessary repetition. In no event shall the total amount of speaking time for exceed 6 minutes per person for the subject under discussion.

The Council may regulate a speaker who is speaking too long or out of order, being unduly repetitious, discussing irrelevancies, or extending to items not within its subject matter jurisdiction. Please be reminded that discrimination, abusive use of profanity, unruly disruption, and violent or physically threatening conduct is discouraged. Members of the public shall not disrupt the orderly conduct of the meeting. The Presiding Officer will request that a person cease any disruptive conduct, and if not immediately stopped, will direct the person to be removed from the meeting.

Public Comments will be heard in the following order:
1: In-person attendees
2: Teleconference attendees
3: In-person and teleconference attendees who have not previously provided comments on the matter(s) being discussed by the legislative body

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

A. Consideration of Appointment of ICF Boardmembers
Department: City Clerk
Recommendation: That the City Council adopt Resolution No. 2024-50-3527 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING TWO RESIDENT

June 26, 2024

REPRESENTATIVE MEMBERS AND ONE CITY COUNCIL REPRESENTATIVE TO THE IRWINDALE COMMUNITY FOUNDATION FOR TERMS EXPIRING JUNE 30, 2026" and adopt Resolution No. 2024-51-3528 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPOINTING TWO IRWINDALE BUSINESS REPRESENTATIVES TO THE IRWINDALE COMMUNITY FOUNDATION FOR ONE YEAR TERMS ENDING JUNE 30, 2025".

B. Review of Second Comment Letter from the California Department of Housing & Community Development (HCD) Regarding the City's Draft Housing Element and Direction for Response Department: Community Development
Recommendation: That the City Council provide direction to staff regarding the May 3, 2024 comment letter from HCD, including (1) Local Preference Policy for Housing Programs; and (2) Allen Drive Site: Milestones for issuing final entitlements and building permits.

C. Irwindale Park Improvement Project Update - Verbal Report Department: Engineering
Recommendation: Receive and file.

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

A. Adoption of the Fiscal Year 2024-25 Budget
Department: Finance
Recommendation: It is recommended that the City Council conduct the duly noticed public hearing and adopt Ordinance No. 779 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025,” reading by title only and waiving further reading thereof.

B. Adoption of Resolution to Amend the Zoning Map to Address Inconsistencies on Various Parcels of Land and First Reading and Introduction of Ordinance No. 780 to Rescind Ordinance Nos. 195 and 200 to Remove Inconsistent Regulations Related Thereto
Department: Community Development
Recommendation: Adopt Resolution No. 2024-38-3515, “A Resolution of the City Council of the City of Irwindale adopting Zone Change No. 01-2024 and modifying the City of Irwindale Zoning Map to 1) Rezone Parcels from M-1 (Light Manufacturing) Zone to R-1 (Single-Family Residential) Zone located at: 730 Meridian Street (APN 8534-001-004), 716 Meridian Street (APN 8534-001- 025), 714 Meridian Street (APN 8534-001-026), 740 Meridian Street (APN 8534-001-057), 726 Meridian Street (APN 8534-001-109), 737 Shrode Avenue (APN 8534-001-013), 731 Shrode Avenue (APN 8534-001-014), 727 Shrode Avenue (APN 8534-001-015), 2419 Citrusview Avenue (APN 8534-001-053), 2425 Citrusview Avenue (APN 8534-001-054), 2424 Citrusview Avenue (APN 8534-001-055), 2412 Citrusview Avenue (APN 8534-001-056), (APN 8534-001-952), (APN 8534- 001-953), (APN 8534-001-954), 2414 Park Rose Avenue (APN 8534-001-093), 2436 Park Rose Avenue (APN 8534-001-096), 2448 Park Rose Avenue (APN 8534-001-097), 2449 Park Rose Avenue (APN 8534-001-098), 2437 Park Rose Avenue (APN 8534-001-099), 2402 Park Rose Avenue (APN

June 26, 2024

8534-001-106), 2408 Park Rose Avenue (APN 8534-001-107), 2424 Park Rose Avenue (APNS 8534- 001-115, 8534-001-116), 2400 Ruelas Street (APN 8534-001-072), 2416 Ruelas Street (APN 8534- 001-075), 2440 Ruelas Street (APN 8534-001-078), 2446 Ruelas Street (APN 8534-001-079), 2447 Ruelas Street (APN 8534-001-080), 2439 Ruelas Street (APN 8534-001-081), 2415 Ruelas Street (APN 8534-001-084), 2406 Ruelas Street (APN 8534-001-102), 2409 Ruelas Street (APN 8534-001- 104), 2401 Ruelas Street (APN 8534-001-105), 2426 Ruelas Street (APNS 8534-001-111, 8534-001- 112), 2425 Ruelas Street (APNS 8534-001-113, 8534-001-114); and 2) rezone parcels from C-3 (Heavy Commercial-Residential) Zone to R-1 (Single-Family Residential) Zone located at: 701 Ambriz Street (APN 8534-001-120), 705 Ambriz Street (APN 8534-001-121), 709 Ambriz Street (APN 8534-001-122), 713 Ambriz Street (APN 8534-001-123), 708 Ambriz Street (APN 8534-001- 124), 704 Ambriz Street (APN 8534-001-125), 700 Ambriz Street (APN 8534-001-126), 2416 Mountain Avenue (APN 8534-001-039), 2408 Mountain Avenue (APN 8534-001-058), and find the project exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3).”
Introduce for first reading by title only with further reading waived, Ordinance No. 780, “An Ordinance of the City Council of the City of Irwindale rescinding Ordinance No. 195 in its entirety, which rezoned properties located on Mountain Avenue and Ambriz Street (formerly Mountain Avenue) to C-3 (Heavy Commercial-Residential) and Ordinance No. 200 in its entirely, which rezoned properties located on Citrusview Avenue, Park Rose Avenue and Ruelas Street to M-2 (Heavy Manufacturing), and finding the project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3).”

23. CITY MANAGER’S REPORT

24. FUTURE AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
At this time, the City Council will deliberate and discuss whether these items should be placed on a future agenda. In order for any listed item to be placed on a future agenda for substantive discussion or action, the City Council must act by formal motion to direct the City Manager to place the item on a future agenda.

A. Update on Current Development Projects - Requested by Mayor Ambriz Department: Administration
Recommendation: Discuss
B. Discussion on Reliance II / Clarion Project (Irwindale Business Center North) - Requested by Mayor Ambriz
Department: Administration
Recommendation: Discuss

25. ADJOURN

June 26, 2024

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY

26. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

27. CONSENT CALENDAR
A. Minutes - None for Approval
Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve

28. 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.

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

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

31. ADJOURN

HOUSING AUTHORITY

32. AB 2449 DISCLOSURES
Remote participation by a member of the legislative body for just cause or emergency circumstances

33. CONSENT CALENDAR
A. Joint Minutes of the City Council, Housing Authority, and Reclamation Authority meeting held May 29, 2024
Department: City Clerk
Recommendation: Approve

June 26, 2024

B. Minutes of the Meeting Held June 3, 2024
Department: City Clerk
Recommendation: Approve

34. 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.

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

A. Review of Second Comment Letter from the California Department of Housing & Community Development (HCD) Regarding the City's Draft Housing Element and Direction for Response (Joint Item with City Council)
Department: Community Development
Recommendation: That the City Council provide direction to staff regarding the May 3, 2024 comment letter from HCD, including (1) Local Preference Policy for Housing Programs; and (2) Allen Drive Site: Milestones for issuing final entitlements and building permits.

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

37. ADJOURN

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 Authority, and Reclamation Authority, to be held on June 26, 2024, be posted at the City Hall, Library, and Post Office on June 21, 2024. ______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS MAY 29, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:00 P.M.

The Irwindale CITY COUNCIL, HOUSING AUTHORITY, and RECLAMATION AUTHORITY met in a special joint meeting at the above time and place.

ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola;
Mayor Albert F. Ambriz
Also Present: Julian A. Miranda, City Manager; Jamie Traxler, Assistant City Attorney; Theresa Olivares, Assistant City Manager; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

CHANGES TO THE
AGENDA None.

RECESS TO At 5:03 p.m., the City Council met in Closed Session to discuss the CLOSED SESSION following:

Public Employee Discipline/Dismissal/Release
Authorized under CA Government Code Section 54957
ACTION: Confidential personnel issue; no additional information required.

Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16124 Calle de Paseo
Agency Negotiator: Julian A. Miranda, Executive Director Parties: Valerie R. Sanchez, Leonard B. Aguayo, and Kenneth Aguayo, each as 1/3 as tenants in common
Under Negotiation: Price and terms of payment
ACTION: Discussed, direction given to staff; no reportable action taken (Councilmembers Breceda and Garcia recused themselves from discussing this matter).

RECONVENE IN At 5:37 p.m., the City Council reconvened in Open Session.

OPEN SESSION

COUNCILMEMBER

COMMENTS
COUNCILMEMBER Councilmember Ortiz thanked all involved in organizing yesterday’s ORTIZ Mayor’s Prayer event as well as Southern California Edison for providing the venue.

CC / HA / RA MINUTES MAY 29, 2024
SPECIAL MEETING PAGE 2
MAYOR PRO TEM Mayor Pro Tem Burrola agreed and acknowledged Assistant to the BURROLA City Manager Espino for her assistance.

COUNCILMEMBER Councilmember Breceda spoke on his attendance at the Contract BRECEDA Cities conference and the ICSC conference.

MAYOR AMBRIZ Mayor Ambriz noted that he was invited to attend a Memorial Day event held by the City of Glendora and thanked all that helped coordinate the Mayor’s Prayer Breakfast.

SPONTANEOUS
COMMUNICATIONS None.

NEW BUSINESS
ITEM NO. 12A VERBAL REPORT ON PLANNING COMMISSION APPOINTMENT

VERBAL REPORT ON

PLANNING COMMISSION

APPOINTMENT
CITY MANAGER City Manager Miranda noted that Teresa Ortiz, the Council’s choice MIRANDA for appointment to the Planning Commission, submitted an email where she declined the appointment, and as such, staff is now seeking Council direction.

COUNCILMEMBER Councilmember Breceda expressed his interest in nominating BRECEDA Dominique Reyes to the Planning Commission, to which Assistant City Attorney Traxler advised that nominations would not be received tonight; rather, staff is seeking direction from the Council and can bring the item back for further consideration at the June 12 meeting.

Councilmember Breceda suggested working off the applications that have already been received rather than reopen a new application period.

COUNCILMEMBER Councilmember Ortiz concurred and suggested making nominations ORTIZ at the next Council meeting.

MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to schedule appointment to the Planning Commission for the Council meeting of June 12 and make
nominations from the existing pool of applications. The motion was unanimously approved.

ITEM NO. 12B FISCAL YEAR 2024-2025 BUDGET WORKSHOP (Joint Item with FISCAL YEAR 24/25 Housing Authority and Reclamation Authority)

BUDGET WORKSHOP
DIRECTOR BORHANI Director Borhani introduced the report and made a PowerPoint presentation wherein he outlined revenues, transfers-in,

CC / HA / RA MINUTES MAY 29, 2024
SPECIAL MEETING PAGE 3
expenditures, and expenditures-out for the general fund, mining impact fund, special revenue funds, and capital project funds. He also noted that no mid-year requests or adjustments are being recommended and outlined next steps.

FRED BARBOSA Fred Barbosa asked whether funding for residents’ prescription drug coverage would be cut, to which City Manager Miranda noted that the City has a pattern of reserving funding amounts that exceed actual expenditures for resident prescriptions. As such, staff is now proposing to reduce funding to $925,000, which is still sufficient to continue with the existing level of expenditures.

MAYOR AMBRIZ In reply to a question by Mayor Ambriz, City Manager Miranda advised that, should additional funding be needed to cover residents’ prescription drug coverage, staff would request it from the Council, though he added that he does not foresee the need to do so.

CITY MANAGER City Manager Miranda then advised that various members of staff MIRANDA would now present funding requests to the Council for consideration.

ASSISTANT TO THE Assistant to the City Manager Espino requested approving $375 for CITY MANAGER ESPINO membership dues to the SGV Economic Partnership and $2,000 to attend the League of CA Cities Annual Conference and Expo.

ASSISTANT CITY Assistant City Manager Olivares requested funding to replace seven MANAGER OLIVARES Council Chambers dais chairs and outer Council Chamber chairs, per the Council’s previous request.

CHIEF DEPUTY CITY Chief Deputy City Clerk Nieto requested funding to replace obsolete CLERK NIETO records-management software.

IT MANAGER WAGNER IT Manager Wagner requested funding for multi-factor authentication implementation, annual laptop replacement, and an increase in ongoing computer replacement, at about 6 laptops per year.

LIBRARIAN BALLI Librarian Balli requested funding for homelessness training for staff and for “Kanopy”, an on-demand video platform.

FRED BARBOSA Fred Barbosa suggested providing homelessness training to all City staff.

CHIEF HOFFORD Chief Hofford requested funding for a new Communications and Records Supervisor position as well as a Police Administrative Clerk position. He also requested funding for recurring subscriptions to services such as InTime, Veritone, Motorola GIS and new subscriptions such as Lefta, Performa, and CopWare. Funding was also requested for a new redundant-fiber optic radio service, Flock Safety, and Nichols Consulting, which assists in recovering costs from the state.

CC / HA / RA MINUTES MAY 29, 2024
SPECIAL MEETING PAGE 4
COUNCILMEMBER Responding to several questions by Councilmember Ortiz, Chief ORTIZ Hofford advised that: 1) current officers would probably not be interested in applying for the Communications and Records Supervisor position, nor would they have the needed skills to perform that type of job, 2) the $7,000 requested for Flock Safety would cover expenses through the end of the current fiscal year, with ongoing yearly costs of $49,000, 3) he elaborated on how he plans on lowering trending department overtime costs, and 4) current staffing levels and the staffing level needed to eliminate overtime costs.

COUNCILMEMBER Councilmember Breceda noted that additional officers would need to BRECEDA be hired to reduce overtime costs.

DIRECTOR SIMPSON Director Simpson requested to unfreeze an Assistant Planner position, funding for continued contract services with planners to assist with specific projects, and funding for training for Code Enforcement officers.

MAYOR PRO TEM Mayor Pro Tem Burrola asked about the required qualifications for BURROLA the Assistant Planner position, which Director Simpson elaborated on.

COUNCILMEMBER In response to a question by Councilmember Ortiz, Director Simpson ORTIZ advised that the current Planning Technician has been performing the work that typically would be performed by an Assistant Planner. She noted that having an Assistant Planner on board would aid in succession planning.

COUNCILMEMBER Councilmember Garcia asked whether contract planners would better GARCIA serve the department’s needs, to which Director Simpson indicated that contract planners help on more complex matters, but that the Assistant Planner position would help in other planning matters that are unique to the City. Additionally, contract planners have high turnover rates which would negatively impact ongoing projects. Staff is hoping to conduct an internal recruitment for the Assistant Planner position.

COUNCILMEMBER Councilmember Breceda spoke on his reluctance to fill the position BRECEDA internally, fearing that the staff member would receive training and then move to another agency. He stated that he would be willing to entertain fulfilling the department needs with contract planners, to which Director Simpson reiterated that contract planners have high turnover rates and noted that Irwindale requires a unique expertise that is gained through experience working in the department.

MAYOR AMBRIZ Mayor Ambriz asked for City Manager Miranda’s input on this request, to which he advised that he recommends reclassifying a current employee to the Assistant Planner position and described the staff member’s qualifications.

CC / HA / RA MINUTES MAY 29, 2024
SPECIAL MEETING PAGE 5
CITY MANAGER City Manager Miranda noted that funding the Assistant Planner MIRANDA position would also defund the staff member’s former position. He added that he would not recommend the reclassification if it weren’t necessary.

MAYOR PRO TEM Mayor Pro Tem Burrola asked about the number of staff members in BURROLA the department, to which Director Simpson noted that it has four staff members plus one part-time intern. Mayor Pro Tem Burrola stated that he understood how the department needs to fill that position.

COUNCILMEMBER Responding to a question by Councilmember Breceda, City Manager BRECEDA Miranda stated that he is comfortable in recommending approval of all requested personnel requests.

DIRECTOR CHAN Director Chan asked for funding for the following capital improvement projects: a block wall for 5239 Morada Street, an Arrow Highway center median extension, an HVAC replacement for the Recreation Center, the Safe, Clean Water Program Arrow Highway Beautification project, pavement rehabilitation, and the filling of an Assistant Engineer position.

FRED BARBOSA Fred Barbosa asked why staff keeps “raiding” the mining fund, to which City Manager Miranda stated that financial assurances have been in place since the early 2000’s as part of the Reclamation Authority and noted that those funds have not been touched.

ANONYMOUS An anonymous Zoom attendee asked about a swimming pool renovation, to which Director Chan briefly summarized the project specifications.

SUZANNE GOMEZ Suzanne Gomez suggested that a community workshop be held to discuss improvements to the Aquatics Center. She also asked whether a frozen engineering position from last year is the same that is being requested this year.

DIRECTOR CHAN Director Chan noted that repairs would be conducted and deficiencies corrected based on the results of a feasibility study conducted on the state of the Aquatics Center. He also noted that the previously frozen position that Ms. Gomez referenced was for the Assistant City Engineer, which differs from the Assistant Engineer position.

MAYOR AMBRIZ In reply to a question by Mayor Ambriz, Director Chan advised that staff could conduct public outreach meetings for the swimming pool project to gain input and suggestions from members of the community. Director Chan added that staff has already arranged for the replacement of the pool water heater, which was completed around March.

CC / HA / RA MINUTES MAY 29, 2024
SPECIAL MEETING PAGE 6
DIRECTOR RODRIGUEZ Director Rodriguez provided additional details on the swimming pool project and noted that it is primarily scheduled to address needed repairs and to bring it up to ADA standards and noted that any community workshops would delay the project and the reopening of the pool.

SUZANNE GOMEZ Suzanne Gomez asked whether the proposed position would include any mining components.

RECESS At 7:24 p.m., the Council took a short recess due to technical difficulties with the Zoom meeting.

RECONVENE The meeting was reconvened at 7:32 p.m. with all members present.

DIRECTOR CHAN Director Chan stated that the proposed position would be funded equally through the General Fund and the Mining Fund.

COUNCILMEMBER Councilmember Garcia asked about the fully burdened costs of the GARCIA position, which Director Chan discussed. Director Chan added that the position would be filled through an open recruitment process.

MAYOR PRO TEM In reply to a question by Mayor Pro Tem Burrola, Director Chan BURROLA advised that he has worked without an assistant for over a year.

Mayor Pro Tem Burrola stated that he did not see a problem with hiring an Assistant Engineer.

As requested by Mayor Pro Tem Burrola, Director Chan discussed the required qualifications for the position.

DIRECTOR RODRIGUEZ Director Rodriguez presented the Aquatics Division’s budget requests that have been funded by the Irwindale Community Foundation, such as the luau, an Aquatics Expo, the Red, White, and You BBQ, Shark Shack supplies, lounge chairs, and deck furniture.

Budget requests to the City Council include a projector and screen for the Dive-In Movies program, a new pool vacuum, and funding to cover the startup fee for software named CivicRec.

SUZANNE GOMEZ Suzanne Gomez stated that all Aquatics Division’s budget requests should be approved.

DIRECTOR RODRIGUEZ Director Rodriguez then presented the Recreation Department’s budget requests that have been funded by the Irwindale Community Foundation, such as adult trips, family trips, Kindness Krew giveaways and donations, supplies for the RockAbilities program, instructors for classes, supplies for the Christmas Spectacular, cheer uniforms, and the sound system for the Red, White, and You BBQ.

Budget requests to the City Council include funding for bands for the Music in the Park concerts, snacks for the KidZone program, decorations for the Red, White, and You BBQ, items for minor special

CC / HA / RA MINUTES MAY 29, 2024
SPECIAL MEETING PAGE 7
events, increase in the number of available tickets for family trips, the addition on one concert for the Music in the Park concerts, and membership fees for CPRS for four staff members.

COUNCILMEMBER Councilmember Ortiz asked about the requested funding for the ORTIZ Music in the Park, to which Director Rodriguez advised that the $10,000 that is being requested is due to increased program costs.

MARICELA FRYMARK Maricela Frymark asked whether the families of children that participate in the Cheer program could purchase uniforms, and asked about their costs, to which Director Rodriguez noted that the Parks & Recreation Commission asked staff to request funding for the cheer uniforms from the Irwindale Community Foundation. Previously, parents of program participants paid for the uniforms.

DIRECTOR RODRIGUEZ Director Rodriguez then presented budget requests for Operations and Maintenance, including maintenance to the Irwindale Park pourin-place floor, operating supplies, grounds maintenance, the purchase of an electric vehicle, supplies and annual costs for the school bus pass system, and bus parking for trips. She also requested approval of new Management Analyst and Maintenance Lead Worker positions.

MAYOR PRO TEM In response to Mayor Pro Tem Burrola’s question, Director Rodriguez BURROLA advised that city is required to have 50% of fleet vehicles be electric by 2027. Mayor Pro Tem Burrola voiced concern over a lack of available charging stations in the city for electric vehicles and asked whether it is necessary to purchase electric vehicles at this time, to which Director Rodriguez advised that the city needs to begin purchasing electric vehicles in 2024, with some exceptions. She stated that staff wishes to purchase an electric Ford F-150 and noted several locations within the City where the truck could be charged.

She added that staff is working on obtaining grants to obtain funding for the installation of electric charging stations in public parking lots.

Mayor Pro Tem Burrola then requested that staff purchase a lift truck with stabilizers, to which Supervisor Pedro Rodriguez indicated that the truck would likely have double stabilizers.

Mayor Pro Tem Burrola also asked about the qualifications for the two proposed staffing positions, to which Director Rodriguez stated that she is hoping to reclassify the existing Office Specialist to Management Analyst, and then fill the vacant Office Specialist with an external recruitment. The Maintenance Lead Worker position would also follow a similar procedure.

In response to several more questions from Mayor Pro Tem Burrola, Director Rodriguez explained the hiring processes for the two positions, as well as their job duties and requirements. Mayor Pro Tem Burrola expressed his belief that the Maintenance Lead Worker

CC / HA / RA MINUTES MAY 29, 2024
SPECIAL MEETING PAGE 8
is a new position, to which Director Rodriguez clarified that the position already exists, as does its job description.

Responding to a question by Mayor Pro Tem Burrola, City Manager Miranda stated that he would prefer to survey other cities to determine their qualifications for a position like Irwindale’s Maintenance Lead Worker position.

DIRECTOR RODRIGUEZ Director Rodriguez reiterated that the job description for the position already exists and noted that she is asking for a second Maintenance Lead Worker. She advised that the job description could not be changed without a meet and confer process between the City and the position’s bargaining unit.

MAYOR PRO TEM Mayor Pro Tem Burrola stated that he would like more information on BURROLA the position before considering its approval.

SUPERVISOR Supervisor Rodriguez spoke on the need for the additional RODRIGUEZ Maintenance Lead Worker.

MAYOR PRO TEM Mayor Pro Tem Burrola asked about hiring a contract janitor for the BURROLA Senior Center and transfer the existing city janitor to the maintenance division, to which Director Rodriguez advised that she needs assistance with the risk management portion of supervising work crews, which a Lead Worker would assume.

DIRECTOR RODRIGUEZ Director Rodriguez then discussed Senior Center budget requests that were funded by the Community Foundation, such as the Healthy Irwindale program, field trips, class supplies, classes, the Book Club, special events, monthly birthday celebrations, billiards table and piano maintenance. Budget requests for the Council include instructors for the ceramic painting and Hawaiian dance classes, as well as CPRS training for staff.

MOTION A motion was made by Councilmember Ortiz, seconded by Councilmember Breceda, to direct staff to include the proposed budget changes to the budget adoption ordinance, to be presented to the Council for first reading at its meeting of June 12, 2024. The motion was unanimously approved.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:57 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Accounts Payable
User:

Printed:
imarin
6/20/2024 5:22 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
101861 ACUNA03 Luana Acuna 06/06/2024 85.61
101862 AMERIFID American Fidelity Assurance 06/06/2024 9,523.84 101863 AMERIC34 American Fidelity Assurance Co 06/06/2024 5,767.30 101864 AT&T02 AT & T 06/06/2024 33.69
101865 AT&T06 AT & T 06/06/2024 1,648.97
101866 CINGULAR AT & T Mobility 06/06/2024 1,753.33
101867 Ayala01 Leonor Ayala 06/06/2024 661.00
101868 BURROL08 Larry Burrola 06/06/2024 125.01
101869 CHARTE01 Charter Communications 06/06/2024 578.14 101870 CHARTE04 Charter Communicatons 06/06/2024 104.97 101871 CONCE01 Concentra 06/06/2024 361.00
101872 FLORE01 Karla Flores 06/06/2024 1,120.00
101873 FRONT01 Frontier Communications 06/06/2024 1,746.74 101874 GARCIA03 Manuel Garcia 06/06/2024 1,349.66
101875 GARCIA05 Yolanda Garcia 06/06/2024 300.00
101876 LIEBERT Liebert Cassidy Whitmore 06/06/2024 2,837.00 101877 MIRAND25 Blanche V. Miranda 06/06/2024 650.00
101878 NAVA11 Jennifer Navarro 06/06/2024 75.00
101879 OPTUM01 OptumRx, Inc. 06/06/2024 33,555.98
101880 OROSCOA Amanda Orosco 06/06/2024 75.00
101881 PAIK01 Sumako Paik 06/06/2024 300.00
101882 PONCE04 Delicia Ponce 06/06/2024 132.61
101883 RIGHT01 Right of Way, Inc. 06/06/2024 2,542.75
101884 TPX 01 TPX Communications 06/06/2024 2,710.06
101885 verizonw Verizon Wireless 06/06/2024 831.24
101886 VISION01 Vision Service Plan - (CA) 06/06/2024 2,380.53 101887 WAGONER Pamela Wagoner 06/06/2024 910.00
101888 CROWD01 Taylor Crowder 06/10/2024 3,675.00
Report Total (28 checks): 75,834.43
AP Checks by Date - Summary by Check Number (6/20/2024 5:22 PM) Page 1

Accounts Payable
User:

Printed:
imarin
6/20/2024 5:23 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
101890 REGIST01 Registrar-Recorder/County Clerk 06/13/2024 43.00 101891 SPORT01 Sport King Management Inc. 06/13/2024 3,800.00 Report Total (2 checks): 3,843.00
AP Checks by Date - Summary by Check Number (6/20/2024 5:23 PM) Page 1

Accounts Payable
User:

Printed:
imarin
6/20/2024 5:23 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
101893 CALIFO56 California State Disbursement Unit 06/13/2024 604.15 101894 CALIFO57 California State Disbursement Unit 06/13/2024 143.07 101895 FRANC06 Franchise Tax Board 06/13/2024 467.40
101896 LOSANG31 Los Angeles County Sheriff's Dept. 06/13/2024 79.73 101897 ACUNA03 Luana Acuna 06/13/2024 182.95
101898 ALESHIRE Aleshire & Wynder, LLP 06/13/2024 38,160.71 101899 AMAZON1 Amazon Capital Services, Inc. 06/13/2024 1,481.16 101900 BORB01 Cesar Borbon 06/13/2024 75.00
101901 SANGAB11 California Newspapers Partnership 06/13/2024 3,129.33 101902 CAMPOS03 Manuel Campos 06/13/2024 215.79
101903 CHICOR Richard Chico 06/13/2024 20.01
101904 DOGWAS01 Dog Waste Depot 06/13/2024 479.58
101905 FRYMARKM Maricela Frymark 06/13/2024 5.01
101906 HOFFOR01 Christopher Hofford 06/13/2024 95.00
101907 HOMEDE Home Depot Credit Services 06/13/2024 1,354.82 101908 HOYEN Noelle Hoye 06/13/2024 1,050.00
101909 MIRAN10 Julian Miranda A. 06/13/2024 56.74
101910 MORE01 Danny Moreno 06/13/2024 350.00
101911 NOTE02 Noteworthy Puppets Inc 06/13/2024 400.00
101912 OFFICE03 ODP Business Solutions, LLC 06/13/2024 635.93 101913 REGIST01 Registrar-Recorder/County Clerk 06/13/2024 75.00 101914 RODA02 Irma Rodarte 06/13/2024 2.00
101915 RODRIG28 Joseph Rodriguez II 06/13/2024 20.01
101916 SCFUELS SC Fuels 06/13/2024 13,933.92
101917 SMART& Smart & Final 06/13/2024 1,663.50
101918 VALLEY01 Valley County Water District 06/13/2024 12,480.86 101919 VALLEY09 Valley View Mutual Water Co. 06/13/2024 175.64 101920 WONDER02 Wonders of Wildlife 06/13/2024 375.00
101921 ZEPEDA03 Belen Zepeda 06/13/2024 20.01
101922 ZEPEDA04 Dena Zepeda 06/13/2024 20.00
101923 ZEPEDA07 Priscilla Zepeda 06/13/2024 297.54
101924 ALESHIRE Aleshire & Wynder, LLP 06/26/2024 38,892.00 101925 ALLCI01 All City Management Services, Inc 06/26/2024 998.10 101926 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 06/26/2024 1,132.00 101927 ATHENS Athens Services 06/26/2024 6,049.43
101928 BAKER10 Bakers Man Production 06/26/2024 1,900.00 101929 MIJACA Balcon Holdings, Inc. 06/26/2024 317.00
101930 BEST05 Best Contracting Services, Inc. 06/26/2024 297,395.60 101931 BILLST Bill's Truck Repair, Inc. 06/26/2024 175.00 101932 BRITEW BriteWorks, Inc. 06/26/2024 9,177.84
101933 CALI12 California Consulting Inc. 06/26/2024 4,500.00 101934 CDW01 CDW Government 06/26/2024 565.73
101935 CINTAS Cintas Corporation #693 06/26/2024 305.58 101936 CITYOF11 City of Azusa 06/26/2024 1,575.00
101937 BALDWI02 City of Baldwin Park 06/26/2024 875.00
101938 CLOUD02 CloudCompli, Inc 06/26/2024 3,750.00
101939 CONCE01 Concentra 06/26/2024 228.00
AP Checks by Date - Summary by Check Number (6/20/2024 5:23 PM) Page 1

Check No Vendor No Vendor Name Check Date Check Amount
101940 COSTA01 Costar Realty Information, Inc. 06/26/2024 420.00 101941 DEPTOF02 County of LA Dept of Animal Care & Control06/26/2024 8,071.83 101942 COUNTY04 County of Los Angeles 06/26/2024 9,025.13 101943 LOSANG33 County of Los Angeles 06/26/2024 160,634.59 101944 CRAFT01 Craftwater Engineering, Inc. 06/26/2024 24,650.00 101945 CWA01 CWA AIA, Inc 06/26/2024 57,037.35
101946 D&DG01 D & D Golf Car Services, Inc. 06/26/2024 2,212.07 101947 DICKER01 Dickerson, McCulloch & Associates, LLC 06/26/2024 2,046.36 101948 BATE01 Elior Inc. 06/26/2024 4,436.30
101949 FCG01 FCG Consultants Inc. 06/26/2024 13,207.30
101950 FILLG01 Fill Good Landscaping 06/26/2024 400.00
101951 FRAZ01 Frazier Capitol Valuation, Inc 06/26/2024 500.00 101952 FWEP01 FWEP Aquisitioin Inc 06/26/2024 306.94
101953 GARDEN Garden View 06/26/2024 287.22
101954 GEN01 General Technologies and Solutions (GTS) LLC 06/26/2024 4,185.00 101955 GRAND10 Grand Slam Safety,LLC 06/26/2024 17,996.22 101956 Harvey Harvey Consulting Group, Inc. 06/26/2024 4,400.00 101957 IMPE01 Imperial County Office of Education 06/26/2024 3,153.87 101958 INDEPE Independent Cities Association 06/26/2024 750.00 101959 INTELL01 Intelli-tech, Inc. 06/26/2024 4,704.40
101960 INTERS02 Interstate Batteries 06/26/2024 183.50
101961 INTER01 Interwest Consulting Group 06/26/2024 2,627.50 101962 IRWIND21 Irwindale Hand Wash & Auto Detail 06/26/2024 1,121.60 101963 KAESER Kaeser & Blair 06/26/2024 1,926.02
101964 LANDSC Landscape Warehouse III Inc. 06/26/2024 47.28 101965 LEXISN LexisNexis Risk Solutions 06/26/2024 151.50 101966 LIEBERT Liebert Cassidy Whitmore 06/26/2024 6,335.00 101967 LSA01 LSA Associates, Inc. 06/26/2024 19,971.25
101968 MAINTE01 Maintex 06/26/2024 2,030.15
101969 MIDAS Manuel C Muratalla 06/26/2024 2,124.60
101970 MARIPO Mariposa Landscapes, Inc. 06/26/2024 9,411.72 101971 MOUNT01 MNRO Holdings, LLC 06/26/2024 1,156.68
101972 MORS01 Collette L. Morse 06/26/2024 900.00
101973 OFFICE03 ODP Business Solutions, LLC 06/26/2024 263.93 101974 PHASEII PARS 06/26/2024 1,750.00
101975 PERF03 Performance Elevator Contractors, Inc. 06/26/2024 380.00 101976 PLACE01 PlaceWorks, Inc. 06/26/2024 3,388.43
101977 RANCHO01 Rancho Duarte Florist 06/26/2024 481.79 101978 SIMG01 Simgel Co. Inc 06/26/2024 348,122.63
101979 STATEO01 State Of California 06/26/2024 128.00
101980 TRIANG01 Triangle Truck Parts 06/26/2024 25.25
101981 WAGN02 Jeanette Wagner 06/26/2024 1,150.00
101982 WALT01 Walters Wholesale Electric Co. 06/26/2024 59.97 101983 WESTCO05 West Coast Arborists, Inc. 06/26/2024 3,071.25 101984 HDSUP01 WHITE CAP, L.P. 06/26/2024 365.15
101985 YTIRES Y Tire Sales 06/26/2024 2,540.84
Report Total (93 checks): 1,174,024.76
AP Checks by Date - Summary by Check Number (6/20/2024 5:23 PM) Page 2

Item #19.C.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Accepting and approving the FY 2024-2025 operating budget, reallocation of previously donated funds, and carryforward of previous year's budget of the Irwindale Community Foundation
City Manager's Recommendation:

It is recommended that the City Council adopt Resolution No. 2024-27-3504 entitled "A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ACCEPTING AND APPROVING THE IRWINDALE COMMUNITY FOUNDATION FISCAL YEAR 2024-2025: 1) OPERATING ANNUAL BUDGET; 2) REALLOCATION OF PREVIOUSLY DONATED FUNDS; AND 3) CARRYFORWARD PREVIOUS YEAR'S BUDGET."
Administrative Action:

Submitted/Prepared by:

Kambiz Borhani, Finance Director / City Treasurer
Reviewed by:

Theresa Olivares, Assistant City Manager
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Irwindale Community Foundation (ICF) anticipates receiving a donation of $250,000 from Huy Fong Foods, Inc. in FY 2024-2025. This is consistent with donations the ICF has received in prior fiscal years. In line with the ICF’s mission, the ICF Board allocates donated funds for programs, services and

equipment that benefit the Irwindale community, and the ICF Board typically considers city programs and services in the areas of Aquatics, Library, Recreation, and Senior Center.

On March 19, April 8, and June 11, 2024, staff presented ICF’s proposed fiscal year (“FY”) 2024-2025 $17,480 operating budget along with the Executive Director's proposal for reallocation of the previously donated $101,595 amount for the purpose of providing community benefits and/or services. The ICF Board approved both the operating budget and the reallocation of funds as follows:

A resolution has been prepared to appropriate the funds, in accordance with the approved expenditure plan as determined on June 11, 2024.

Fiscal Impact:

Approving Resolution No. 2024-27-3504 will authorize the City to record the reallocation of $101,595 of ICF previously donated funds, as well as approve the appropriation of these funds into the proper expenditure budgets for Aquatics, Library, Recreation, and Senior Center. The appropriations will allow the department/division(s) to offer the recommended programs, services, activities, and equipment listed in Attachment “A” for the benefit of the Irwindale community.

The City Council also authorizes staff to appropriate and expend ICF’s $17,480 operating budget in accordance with FY 2024-2025 proposed budget approved by the ICF Board.

Attachments:

1. Resolution No. 2024-27-3504

2. Exhibit A

Resolution No. 2024-27-3504

RESOLUTION NO. 2024-27-3504

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE ACCEPTING AND APPROVING THE IRWINDALE
COMMUNITY FOUNDATION FISCAL YEAR 2024-2025: 1)
OPERATING ANNUAL BUDGET; 2) REALLOCATION OF
PREVIOUSLY DONATED FUNDS; AND 3) CARRYFORWARD

PREVIOUS YEAR'S BUDGET
WHEREAS, the Irwindale Community Foundation is a 501(c)(3) non-profit organization in the City of Irwindale, which serves an important public purpose by raising funds to benefit the Irwindale community; and
WHEREAS, the Irwindale Community Foundation anticipates receiving a generous donation in the amount of $250,000 from Huy Fong Foods, Inc in FY 2024- 2025; and
WHEREAS, during the board meetings on March 19, April 8, and June 11, 2024, the Irwindale Community Foundation Board approved a reallocation of previously donated funds in the amount of $101,595 to the City of Irwindale; and WHEREAS, the City Council hereby accepts and approves the reallocation of previously donated funds of $101,595, and shall appropriate the donated funds to the departments/divisions of Aquatics ($19,500), Library ($4,300), Recreation ($42,860), and Senior Center ($34,935); and
WHEREAS, the intended use of the funding for the Aquatics and Recreation department/divisions have been reviewed and approved by the Parks and Recreation Commission.

NOW, THEREFORE, the City Council of the City of Irwindale, California, hereby resolves, determines and orders as follows:

Section 1. The City Council finds the above recitals to be true and correct and incorporates them herein by this reference.

Section 2. The City Council hereby formally accepts and approves the reallocation of previously donated funds of $101,595 from the Irwindale Community Foundation on behalf of the City.

Section 3. The City Council hereby approves and appropriates the reallocation of previously donated funds as approved by the Irwindale Community Foundation, and as itemized on Attachment “A”. City Staff shall coordinate with the Irwindale Community Foundation, and are authorized to take

Resolution No. 2024-27-3504

all actions reasonably necessary to carry out the intent and purpose of this Resolution.

Section 4. The City Council hereby authorizes staff to appropriate and expend Irwindale Community Foundation $17,480 operating budget in accordance with FY 2024-2025 budget approved by the Irwindale Community Foundation Board.

Section 5. That the Chief Deputy City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 26th day of June 2024. _____________________________
Albert F. Ambriz, Mayor
ATTEST
____________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
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. 2024-27-3504 was duly adopted by the City Council of the City of the City of Irwindale, at a regular meeting held on the 26th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers
_______________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

ICF Operations

ITEM DESCRIPTION

REALLOCATED
ICF FUNDS # of Participants
Administrative Costs Bank Fees, Audit Services, Legal Services, Tax Filings, CivicClerk 7,580.00 N/A Supplies Polo Shirts, Name Badges, Letterhead, envelopes 1,500.00 N/A Graduate Recognition Yard Signs, Banners, Gift Cards 5,000.00 20 Mayor's Prayer Breakfast Breakfast, beverages, centerpieces, miscellaneous expenses 1,900.00 75 Young Citizen Competition Scholarship Awards to contestants (1st - $1000, 2nd - $300, 3rd - $200) 1,500.00 3 TOTAL ICF OPERATIONS 17,480.00
DEPARTMENT: AQUATICS

ITEM DESCRIPTION

REALLOCATED
ICF FUNDS # of Participants
Aquatics Expo Snow Cone truck, promotional materials, decorations, and supplies 2,000.00 70+ Red, White and You Picnic Interactive water games, decorations, promotional items and supplies 1,000.00 100+ Luau One (1) end of summer luaus - Food, entertainment, and decorations 6,500.00 100/event Shark Shack Operating supplies (nacho condiments, hot dogs/buns, bowls, beverages, sunblock, etc) 5,000.00 500+ Furniture Pool deck lounge chairs (6), cocktail tables (8), chairs (16) 5,000.00 100+ TOTAL AQUATICS 19,500.00
DEPARTMENT: LIBRARY

ITEM DESCRIPTION

REALLOCATED
ICF FUNDS # of Participants
Hotspot Service Data service for hotspot devices. 2,000.00 113 circs in 2023 Special Event Inentives Purchase incentive items for various events offered by the library (i.e. summer reading program, book festival, etc.)
1,000.00 100
Subscription Tumblebook subscription for grades K-6, enhancing library's e-learning platform. 1,300.00 846 content views TOTAL LIBRARY 4,300.00
DEPARTMENT: RECREATION

ITEM DESCRIPTION

REALLOCATED
ICF FUNDS # of Participants
Adult Trips Adult Fishing Trip 5,160.00 40
Family Trips Family Trip - NFL game 4,000.00 40
Kindness Krew Giveaways, donations and more 1,000.00 100+ Supplies Supplies for RockAbilities Program 6,100.00 100/event Contracted Instructors & Officials Classes for fitness, art, dance, and more 12,000.00 12 students/class Special Events - Christmas Snow Zone (snow and hay) 6,000.00 300+ Uniform Expenses & Safety Equip Cheer Uniforms (Bi-annual request, this is yr 2 and new cheerleaders need uniforms) 3,600.00 17 participants Special Events/Fourth of July Band and sound system for Red, White and You event 5,000.00 100/event TOTAL RECREATION 42,860.00

EXHIBIT A

DEPARTMENT: SENIOR CENTER

ITEM DESCRIPTION

REALLOCATED
ICF FUNDS # of Participants
Healthy Irwindale 6-week healthy challenge 1,410.00 15-20/week Field Trips Increased entrance fees and new/added field trips. 5,000.00 23 Class Supplies Supplies for greeting card making; ceramic, canvas, rock, wine bottle painting. 4,300.00 60 Classes Sewing Class, Gentle Mat Yoga, and Zumba Gold. 9,225.00 65 Book Club Book Club year-round 1,700.00 10/monthly
Special Events 6-week Summer Senior Day Camp - games, crafts, picnic, and other items 800.00 20/week Special Events Annual Valentine's Dance, Hawaiian Luau, Mexican Independence, and New Year's dance. 6,300.00 60/event Monthly Birthday Celebrations
Increased cost on birthday meals, cakes, kitchen supplies, and eco lab dishwasher supplies. 4,000.00 60
Billiard Pool Tables Annual maintenance for two billiard pool tables and piano 2,200.00 15/daily TOTAL SENIOR CENTER 34,935.00
TOTAL FUNDING (including ICF Operating Budget) 119,075.00 Less ICF Operating Budget (17,480.00)
TOTAL 101,595.00

Item #19.D.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Fee Waiver for Use of the Dan Diaz Recreation Center for the 4-Day Vote Center - November 5, 2024
City Manager's Recommendation:

Adopt Resolution No. 2024-48-3525 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING A FEE WAIVER FOR THE LOS ANGELES COUNTY REGISTRAR RECORDER, WAIVING CITY FACILITY RENTAL FEES FOR A VOTE CENTER FOR THE NOVEMBER 5, 2024 GENERAL

MUNICIPAL ELECTION AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOTE CENTER ELECTION PLAN".

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Los Angeles County Registrar/Recorder will be conducting a General Election on Tuesday, November 5, 2024. In prior elections, the outer City Council Chambers had been made available to the County as a voting precinct. The County has implemented a new vote center model, to include multi-day access to voting and new ballot marking devices. Additional protocols related to room size have been established to ensure the continued health and safety of the voters and vote center staff, resulting in the outer City Council Chambers no longer being a viable venue as a vote center.

City staff and representatives from the Los Angeles County Registrar Recorder / County Clerk’s office worked collaboratively to identify the Dan Diaz Recreation Center Gymnasium as the CIty's vote center.

In November 2020, the Dan Diaz Recreation Center Gymnasium was utilized as a vote center with the entire gym floor used for voting equipment and vote center staff. The gym was not open to the public at that time due to state and countywide COVID-19 orders. Because programming has resumed at the facility, and in an effort to cause as minimal disruption as possible, only the west side of the gym floor will be used for the vote center equipment.

The following dates have been tentatively identified by the County in the Vote Center Election Plan and will mean that the west side of the gym floor will be for the exclusive use of the County during this time. While it cannot be guaranteed, staff has expressed to the County that the earliest possible pickup date is preferred. It is expected that there will be approximately 600 vote centers County-wide.

Equipment Delivery & Set Up (exclusive
access begins)
Thursday, October 31, 2024; 8:00 a.m. to 8:00 p.m.

Election Worker Pre-Check Day Friday, November 1, 2024; 12:00 p.m. to 5:00 p.m.

Early Voting Period Saturday, November 2 through Monday, November 4, 2024; 9:00 a.m. to 8:00 p.m.

Election Day Tuesday, November 5, 2024; 6:00 a.m. to 10:00 p.m.

Vote Center Breakdown & Equipment
Pick Up (Exclusive access ends) Thursday, November 7, 2024; 8:00 a.m. to 8:00 p.m.

The County’s request to waive facility rental fees meets the criteria for consideration of a fee waiver

according to the City of Irwindale’s Fee Adjustment Policy by way of serving the public purpose of providing voting accessibility to the community, including the residents of the City of Irwindale, the employees of local businesses who are registered voters in Los Angeles County, and any registered Los Angeles County voter who may wish to utilize the vote center in Irwindale.

The Vote Center Facility Use Agreement was approved by the City Council on December 13, 2023 for both the March Presidential Primary and the November5, 2024 General elections. The City Council will now consider the approval of the Vote Center Election Plan for the November 5, 2024 election.

As a public entity, the County is self-insured and has provided a copy of Certificate of Self Insurance Coverage to staff.

Fiscal Impact:

The approval of this item will result in a fee waiver of approximately $5,850 (78 hours of use x $75/hour for a non-profit organization). This fee would have otherwise been collected as revenue to the General Fund.

Attachments:

1. Proposed Resolution - Fee Waiver - LACRRCC Vote Center

2. Vote Center Election Plan - November 5, 2024

3. Certificate of Insurance

Resolution No. 2024-48-3525

RESOLUTION NO. 2024-48-3525

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING A FEE WAIVER FOR THE LOS ANGELES COUNTY REGISTRAR

RECORDER, WAIVING CITY FACILITY RENTAL FEES FOR A VOTE CENTER FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION AND APPROVING

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE VOTE CENTER

ELECTION PLAN
WHEREAS, the Los Angeles County Registrar Recorder will be conducting the General Municipal Election on Tuesday, November 5, 2024; and WHEREAS, the outer City Council Chambers have been previously utilized as the City’s only voting precinct; and
WHEREAS, the Los Angeles County Registrar Recorder / County Clerk has implemented a “vote center” model for the elections it conducts, and has established protocols to ensure continued health and safety of the voters; and WHEREAS, the outer City Council Chambers can no longer be utilized as a voting precinct as it does not meet the specifications required for a vote center; and WHEREAS, City staff and County representatives identified the Dan Diaz Recreation Gymnasium as the only City facility that meets the required specifications for a vote center; and
WHEREAS, equipment delivery, set up and breakdown are tentatively proposed to commence on Thursday, October 31, 2024 and conclude on Thursday, November 7, 2024, respectively; and
WHEREAS, the City of Irwindale will be hosting a four-day vote center period beginning Saturday, November 2, 2024 through Tuesday, November 5, 2024 at the Dan Diaz Recreation Gymnasium; and
WHEREAS, the use of this facility for the election meets the criteria for a fee waiver according to the approved “City of Irwindale Fee Adjustment Policy” because it serves the public purpose of providing safe voting accessibility to the community including the residents of the City of Irwindale, the employees of local businesses who are registered voters in Los Angeles County, and any registered Los Angeles County voter who may wish to utilize the flex vote center in Irwindale; and
WHEREAS, the City Council desires to approve the Vote Center Election Plan and authorize execution of the same.

Resolution No. 2024-48-3525

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

CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The City Council finds the above recitals true and correct. and they are incorporated herein by this reference.

Section 2. The City Council hereby waives the rental fee of $5,850 for the Dan Diaz Recreation Gymnasium for use as a four-day vote center period beginning Saturday, November 2, 2024 through and including Tuesday, November 5, 2024, with equipment delivery and set up, and breakdown to commence on Thursday, October 31, 2024 and conclude on Friday, November 7, 2024, respectively. The City Council hereby finds that waiving the fee of $5,850 for the City facility rental serves the valid public purpose of providing safe voting accessibility to the community including the residents of the City of Irwindale, the employees of local businesses who are registered voters in Los Angeles County, and any registered Los Angeles County voter who may wish to utilize the 4-day vote center in Irwindale.

Section 3. The City Council hereby approves, and the City Manager is hereby authorized to execute Vote Center Election Plan. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent and purposes of this resolution.

Section 4. The Chief Deputy City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this _____ of June 2024.
________________________________
Albert F. Ambriz, Mayor
ATTEST
____________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Resolution No. 2024-48-3525

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. 2024-48-3525 duly adopted by the City Council of the City of the City of Irwindale, at a regular meeting held on the _____ day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers
_______________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

VOTE CENTER ELECTION PLAN
November 5, 2024 Presidential General Election
The following constitutes the mutually agreed upon Vote Center Election Plan for the November 5, 2024 Presidential General Election by City of Irwindale ('Host') and the Los Angeles County Registrar-Recorder/County Clerk (‘RRCC’) for the use of the facility space specified below:

Dan Diaz Recreation Center - 14160
Gymnasium
16053 Calle De Paseo
Irwindale, CA91706
Contact List - Host
Primary Contact Name Laura Nieto Phone # (626) 430-2225 Email Address [email protected] Alternate Phone # (626) 848-4292 On-Site Access Contact Name Priscilla Zepeda Phone # (626) 430-2226 Email Address [email protected] Alternate Phone # (626) 848-4066 Custodial Service Contact
Name
Elizabeth Rodriguez Phone # (626) 430-2211
Email Address [email protected] Alternate Phone # (626) 848-2223 IT Contact Name Phone #
Email Address Alternate Phone #
After Hours/Emergency
Contact Name
Priscilla Zepeda Phone # (626) 430-2226
Email Address [email protected] Alternate Phone # (626) 848-4066 Contact List -RR/CC
Account Manager Iris Carnero Phone # (562) 347-2444
Email Address [email protected] Alternate Phone # (562) 716-0078

IT Contact Name Shannon Gadson Phone # 562-462-2826
Email Address [email protected] Alternate Phone # 562-277-2118 After Hours/Emergency
Contact Name
Jaime Young Phone # 562-347-2447
Email Address [email protected] Alternate Phone # 562-229-8865 Access Schedule
Host has agreed to grant access to the designated voting space for the following dates and times:

Equipment Delivery & Set-Up (exclusive access
begins)
October 31, 2024; 8:00AM to 8:00PM
Election Worker Pre-check Day November 1, 2024; 12:00PM to 5:00PM Early Voting Period November 2-4, 2024; 9:00AM to 8:00PM Election Day November 5, 2024; 6:00AM to 10:00PM
Vote Center Breakdown & Equipment Pick-up
(exclusive access ends)
November 07, 2024; 8:00AM to 8:00PM
A deployment schedule for vote center equipment delivery/set-up and breakdown/pick-up is tentatively scheduled for the above dates. RR/CC will contact Host within two weeks of the equipment delivery & set-up date to confirm access to the designated space. This Agreement may be modified or amended only upon the mutual written consent of both the Host and the RR/CC.

During the public voting period, RR/CC staff shall have access to the designated space during the dates and times listed above.

Voting hours are from 10:00AM to 7:00PM during the Early Voting Period and 7:00AM to 8:00PM on Election Day. Host acknowledges that public voting hours may be extended due to long lines. Pursuant to California Elections Code, any voter in line at the time of closing shall be provided the opportunity to receive and cast a ballot.

The contact persons and the phone numbers must be reachable during the period identified in the Access Schedule.

Health and Safety Plan
The Safe Election Plan (Attachment B) describes how RR/CC will ensure that public health guidelines are adhered to in all vote centers across LA County from the beginning of equipment set-up, during the voting period, and through the breakdown of the vote center. Specific Responsibilities (Attachment A) outlines the expectations for RR/CC and facility staff in maintaining the cleanliness of the vote center and to safeguard the health of voters, election workers, and facility staff/users.

Designated Space, Parking, and Public Access
RR/CC agrees to make best efforts to limit voting traffic to the mutually agreed upon areas. Host agrees to provide an accessible means of entry, sufficient parking including accessible spaces, and a minimum of one space for curbside voting. Consistent with the Host's obligation to provide access compliant with the American with Disabilities Act (ADA), reasonable accommodations will be facilitated.

Voting Space (Check one and write your Initials to acknowledge):

The items in the designated voting space/s will be free from tables, chairs, printers, electronic equipment, exercise equipment, musical instruments, movable cabinets, appliances, and other large items prior to the set-up day.

Host Initials: ______
The items specified below may be left in the designated voting space/s as mutually agreed upon by both RR/CC and Host.
______________________________________________________________________ Host Initials: ______ RR/CC Initials: ______
Floor Coverings (Check one and write your Initials to acknowledge):

The designated voting space/s will be free from any floor coverings such as tarps and mats that may potentially cause tripping or injuries prior to the set-up day.

Host Initials: ______
The floor covering below may be used/remain in place in the designated voting space. ______________________________________________________________________ Host Initials: ______ RR/CC Initials: ______
Additional Access Considerations
The following details below represent any additional considerations necessary in providing RR/CC access to the designated space (check all that apply):

On-site staff will open and lock the facility on days noted in the Access Schedule.

Facility key or key card, alarm code or access badge will be provided to RR/CC staff for direct access to the voting area. The Host authorizes the use of a lockbox during the period identified in the Access Schedule to secure the key/key card on the premises. The placement of this lockbox shall be mutually agreed upon.

Host Initials: ______ RR/CC Initials: ______
Parking permits will be provided to RR/CC staff.

Internet Connection (Check one and write your Initials to acknowledge):

Host agrees to provide hardwire connection (hardline, LAN) at the start of the period identified in the Access Schedule. An active data port will be available and security passwords (if any) will be provided to RR/CC staff.

Host Initials: ______
Host will not provide hardwire connection at the start of the Access Schedule.

Host Initials: ______
NOT APPLICABLE - Private Facility Use Payment (Check one and write your Initials to acknowledge):

NOT APPLICABLE - Host agrees to waive any payment for use of the facility.

Host Initials: N/A
NOT APPLICABLE - RR/CC agrees to pay Host for use of the facility in the amount of $ . This payment covers all associated and incidental costs including, but not limited to, staff and custodial fees, hired security fees, cleaning fees and purchase of items, etc. used during the period identified in the Access Schedule. Private facilities must provide their W-9 to RR/CC before payment is processed.

The payee name and mailing address is based on the information from the W-9.

Host Initials: N/A
Public Facility Use Payment (Check one and write your Initials to acknowledge):

Host agrees to waive any and all payments for use of the facility pursuant to the California Elections Code.

Host Initials: ______
By mutual agreement, the RR/CC agrees to pay reasonable costs for staff hours and custodial costs incurred during the Access Schedule. An official invoice containing Agency letterhead must be submitted to RR/CC within 60 days after the election showing the breakdown of costs.

Host Initials: ______
Other Costs
In the event that any unforeseen additional cost or fees are incurred by Host in connection with RR/CC's access to the designated voting space, Host shall notify RR/CC in advance of said fees/costs. Host shall provide RR/CC with detailed invoices of said costs. If practicable, a negotiated amendment shall be executed between Host and RR/CC to reflect such costs.

Electronic Signatures
The Host and RR/CC agree to facsimile and electronic scanned versions of original signatures of authorized signatures of each party have the same force and effect as original signatures such that the parties need not follow up facsimile or electronic transmissions of executed documents with original wet-signature versions.

THE ABOVE ELECTION PLAN APPLIES ONLY TO ELECTIONS CONDUCTED BY LOS ANGELES COUNTYREGISTRAR-RECORDER/COUNTYCLERK.

IN WITNESS WHEREOF, the authorized representatives of the parties have executed this agreement and it is effective as of the date of last signature below.

Los Angeles County City of Irwindale
Registrar-Recorder/County Clerk
Signature and Date Signature and Date
Jaime Young, Assistant Division Manager
Printed Name and Title Printed Name and Title
05/29/2024

ATTACHMENT A

SPECIFIC RESPONSIBILITIES
LACounty RR/CC staff is responsible for:

Disinfecting the surfaces of all voting equipment including, but not limited to, the Ballot Marking Devices, electronic pollbooks, and central ballot box after voter use.

Placing mitigation items such as signs, cones, mats, door stops, etc. to maintain the most accessible path to and from the voting area.

Facility staff is responsible for:

Daily/frequent cleaning of the restrooms.

Daily/frequent trash pick-up.

Providing a space outside of the vote center for curbside voting.

Allowing RR/CC staff to place mitigation items such as signs, cones, mats, door stops, etc. to maintain the most accessible path to and from the voting area.

Provide additional signage, if needed, to direct voters to the vote center.

Additional consideration:

Wherever feasible, doors and windows should be open during hours where election workers are present to increase airflow.

COUNTY OF LOS ANGELES

CERTIFICATE OF SELF-INSURANCE COVERAGE
06-17-2024

PRODUCER/INSURED

COUNTY OF LOS ANGELES

CHIEF EXECUTIVE OFFICE

RISK MANAGEMENT BRANCH
320 WEST TEMPLE STREET, 7TH FLOOR
LOS ANGELES, CA 90010
This certificate is provided for informational purposes only, and does not affect, or expand any of the County's obligations pursuant to the Agreement. This Certificate also confirms that the County is not an insurance company, and that no insurance obligation or relationship exists, or will be established in any manner whatsoever between the County and any individual, contractor, vendor and public or private entity/organization.

ENTITIES AFFORDING COVERAGE

COUNTY OF LOS ANGELES PARTICIPATION
100%

COVERAGES
This Certificate of County Self-Funding Insurance Obligation (Certificate) is the County of Los Angeles (County) authorized Statement that is elected to self-fund its financial obligations. This self-funding of liability is in lieu of commercial insurance coverage, and applies only to the extent permitted by State Law.

The County is permitted to self-fund its liabilities arising from acts or omissions of the County; its appointed and elected officers, employees and volunteers (except actual fraud, corruption, or malice), by virtue of California Government Code Sections 989-991.2, County Code 5.32 and Articles 1 and 2 of the County Charter. The liabilities that the County self-funds include general, automobile, property and workers' compensation.

TYPE OF INSURANCE POLICY
NUMBER
POLICY

EFFECTIVE
DATE
POLICY

EXPIRATION
DATE
LIMITS
☒ Commercial General Liability
☒ Automobile Liability
☒ Property Liability
☒ Workers' Compensation
and Employers Liability
Self Insured
Self Insured
Self Insured
Self Insured
06/18/2024
06/18/2024
06/18/2024
06/18/2024
06/18/2025
06/18/2025
06/18/2025
06/18/2025
Occurrence Amount - $2,000,000
Aggregate Amount - $4,000,000
Occurrence Amount - $1,000,000
Aggregate Amount - $2,000,000
Occurrence Amount - $2,000,000
Aggregate Amount - $4,000,000
Occurence Amount - Statutory
Statutory aggregate

DEPARTMENT OF OPERATIONS/LOCATIONS
County Department Registrar-Recorder/County Clerk
Facility Use Agreement 2024 Presidential Primary and General Election Certificate Holder
City of Irwindale - Dan Diaz Recreation Center
16053 Calle De Paseo Irwindale, CA - Gymnasium
Irwindale, CA, 91706

CANCELLATION

SHOULD THE COUNTY ELECT TO DISCONTINUE SELF-INSURING

ITS LIABILITIES, THE COUNTY WILL NOTIFY THE HOLDERS ON

ITS RISK MANAGEMENT WEBSITE
BY:

DESTINY CASTRO, ACTING COUNTY RISK MANAGER

Item #19.E.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: 2nd Reading - Ordinance No. 778
City Manager's Recommendation:

That the City Council adopt on second reading by title only with further reading waived Ordinance No. 778, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AND ADDING SECTION 17.04.090 (“PUBLIC PROJECT EXEMPTION”) TO CHAPTER 17.04 (“GENERAL PROVISIONS AND REGULATIONS”) OF TITLE 17 (“ZONING”) OF THE IRWINDALE MUNICIPAL CODE TO EXEMPT PUBLIC PROJECTS FROM THE ZONING CODE,” and find the project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) Administrative Action:

Submitted by:

Marilyn Simpson, Community Development Director
Prepared by:

Jamie Traxler, Assistant City Attorney
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

At its meeting of June 12, 2024, the City Council introduced the above ordinance for first reading.

The City of Irwindale does not currently exempt its City-initiated development and public projects from the Irwindale Zoning Code, set forth in Title 17 of the Irwindale Municipal Code. This means that when the City initiates a project, the City must obtain approvals from the Planning Commission and City Council, just as any other project applicant. This would include Site Plan and Design Review approval.

Because the City has the authority institute its own land use regulations and has the power make and enforce regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety, the City may exempt itself from the land use regulations and permitting requirements set forth in the Zoning Code.

This would improve the efficiency of public projects by eliminating the need to seek project development approvals, use permits, or zone changes following City Council direction to initiate a public project.

Exempting the City from its Zoning Code would authorize City staff to process any City-initiated projects administratively and would negate the need for the City to request entitlements from the Planning Commission and City Council in order to build City projects.

The proposed exemption would be added to the Irwindale Municipal Code as section 7.04.090 and would exempt any City initiated project for public purposes by the City of Irwindale. This is consistent with the City of Irwindale’s General Plan because the General Plan contemplates that public land would be used for various governmental activities, including government offices, schools, hospitals, and libraries, and this includes projects initiated for the benefit of general public welfare. The proposed Ordinance is in the best interest of the public health, safety, and welfare of the community. The Public Project Exemption will improve the efficiency of implementation of public projects directed by the City Council by eliminating the need to comply with specific development standards.

ENVIRONMENTAL REVIEW
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale environmental guidelines, the Project has been determined to qualify for a general rule exemption pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the Zoning Code Amendment, by itself, will have a significant effect on the environment.

Fiscal Impact:

There is no cost with the City Council approval of the Zoning Ordinance Amendment.

Attachments:

1. Ordinance No. 778 Public Project Exemption to Zoning Code (final)

Ordinance No. 778

ORDINANCE NO. 778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING AND ADDING SECTION 17.04.090 (“PUBLIC PROJECT EXEMPTION”) TO CHAPTER

17.04 (“GENERAL PROVISIONS AND REGULATIONS”) OF TITLE 17 (“ZONING”) OF

THE IRWINDALE MUNICIPAL CODE TO EXEMPT PUBLIC PROJECTS FROM THE

ZONING CODE
WHEREAS, a city has the power make and enforce regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety; and WHEREAS, in executing that power, a city council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Title 17 of the Irwindale Municipal Code (“Zoning”), otherwise known as the Zoning Code, regulates land use and development within the City of Irwindale (“City”) to protect the public health, safety, and welfare of its residents; and WHEREAS, the City Council desires to improve the efficiency of public projects by eliminating the need to seek project approvals following City Council direction to initiate a project; and
WHEREAS, the City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines Sections 15061(b)(3) on the grounds that it can be seen with certainty that the activity in question will have no significant effect on the environment; and
WHEREAS, on May 15, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, regarding the proposed Ordinance to receive testimony and other evidence regarding the proposed Ordinance, including without limitation, information to the Planning Commission by City staff; and WHEREAS, on May 15, 2024 the Planning Commission adopted Resolution No. 826(24), recommending that the City Council approve proposed Ordinance No. 778, adding the Public Project Exemption to Chapter 17.04 of Title 17 of the Irwindale Municipal Code (Exhibit A); and
WHEREAS, the City Council now desires to approve the Public Project Exemption in order to further protect the public health, safety, and welfare of its residents; and WHEREAS, the proposed Ordinance is consistent with and will implement the City’s vision, goals, and policies of the Irwindale 2020 General Plan; and

Ordinance No. 778

WHEREAS, on June 12, 2024, the City Council held a duly noticed public hearing, as required by law, on the proposed Ordinance to receive testimony and other evidence regarding the Public Project Exemption, including without limitation, information provided to the City Council by City staff; and
WHEREAS, the Public Project Exemption is authorized pursuant to Section 400 of the City Charter and Section 7, Article XI of the California Constitution as a police powers measure to improve the public welfare of the City; and
WHEREAS, consistent with the City Charter, the Public Project Exemption may be established by ordinance; and
WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.

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

SECTION 1. That the recitals in this Ordinance are true and correct and are incorporated herein by reference.

SECTION 2. Based upon substantial evidence and testimony taken from the record as a whole, and received at the public hearing, both oral and written, including the recommendation of the Planning Commission, the staff report, and all attachments thereto, all of which shall constitute the entire record of the matter, the City Council hereby finds that the proposed Public Project Exemption is consistent with and will implement the City’s vision, goals, and policies of the Irwindale 2020 General Plan. The City Council further finds that the Public Project Exemption is consistent with state law, and the proposed Ordinance is in the interest of the public.

In particular, the proposed Ordinance is in the best interest of the public health, safety, and welfare of the community. The Public Project Exemption will improve the efficiency of implementation of public projects directed by the City Council by eliminating the need to comply with specific development standards.

SECTION 3. The City Council hereby adopts and adds section 17.04.090 (”Public Project Exemption”) to Chapter 17.04 (“General Provisions and Regulations”) of Title 17 (“Zoning”) of the Irwindale Municipal Code to read in its entirety as follows:
“17.04.090 -- Public Project Exemption
Notwithstanding any other lawful exemptions to zoning regulations, the provisions of this title shall not apply to any City initiated buildings, improvements, lots or premises owned, leased, operated or controlled by the City for public purposes, or any City project for public purposes by the City of Irwindale.”

Ordinance No. 778

SECTION 4. The City Council hereby finds and determines based on the independent judgment of the City Council, after consideration of the whole of the administrative record, that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines Sections 15061(b)(3) on the grounds that it can be seen with certainty that the activity in question will have no significant effect on the environment.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional due to the writs of mandate issued by the Court.

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage. City staff are directed and authorized to inform and educate the public regarding the adoption of this Ordinance prior to it taking effect.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 12th day of June, 2024.

Albert F. Ambriz, Mayor
ATTEST:

Laura M. Nieto, MMC
Chief Deputy City Clerk

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 Ordinance No. 778 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on June 12, 2024, and duly adopted at a

Ordinance No. 778

regular meeting of the City Council of the City of Irwindale held on June 26, 2024, and was carried by the following-roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Laura M. Nieto, MMC
Chief Deputy City Clerk

AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 778 adopted by the City Council of the City of Irwindale at its regular meeting held June 26, 2024, to be posted at the City Hall, Library, and Post Office on June 27, 2024.

Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

Ordinance No. 778

EXHIBIT A

17.04.090 – Public Project Exemption.
“Notwithstanding any other lawful exemptions to zoning regulations, the provisions of this title shall not apply to any City initiated buildings, improvements, lots or premises owned, leased, operated or controlled by the City for public purposes, or any City project for public purposes by the City of Irwindale.”

Item #19.F.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Contract Agreement between Los Angeles County Department of Animal Care and Control and City of Irwindale for Animal Care & Control Services City Manager's Recommendation:

City Council approve and authorize the City Manager to enter into a five-year agreement with Los Angeles County for Animal Care and Control Services.

Administrative Action:

Submitted / Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

The current five-year contract between the City of Irwindale and Los Angeles County Department of Animal Care and Control (DACC) is set to expire on June 30, 2024. The Los Angeles County Board of Supervisors approved the Renewal Agreement for Animal Care and Control Services for contract cities on February 6, 2024. This new five-year contract commences July 1, 2024, and expires on June 30, 2029.

In March 2024, Staff began conducting research and contacting other humane societies in the San Gabriel Valley area to see if they are able to provide animal care and control services for new cities.

The three humane societies contacted are not accepting cities and took a long time to answer City Staff’s questions due to their workload and uncertainty of whether or not they will open the program to new cities. The following table outlines the humane societies contacted and their availability to take on new cities.

Humane
Societies
Location Services Cities Serviced Accepting other
Cities?
San Gabriel
Valley
Humane
Society
851 E Grand
Ave.

San Gabriel,
CA 91776
• Low Cost
Vaccination
• Low Cost
Spay/Neuer
• Trap-NeuterReturn
• Microchipping
• Pet Surrender
• Adoption
• Licensing
San Gabriel
Temple City
NO. Will notify if
and when they
will be accepting
other cities.

Pasadena
Humane
Society
361 S.

Raymond Ave
Pasadena, CA
91105
• Lost & Found
• Adoption
• Animal Care &
Control
• Owner Assistance
• Licensing
• Health & Wellness
Altadena
Arcadia
Bradbury
Glendale
LA Canada
Flintridge
La CrescentaMontrose
Monrovia
Pasadena
San Marino
South
Pasadena
No. At Full
Capacity. Will let
us know if they
will be taking
new contracts in
the future.

Inland
Valley
Humane
Society
500 Humane
Way
Pomona, CA
91766
• Adoption
• Animal Control
• Licensing
• Lost & Found
• Low Cost Vet
Services
Chino
Chino Hills
Claremont
Covina
Diamond Bar
Glendora
La Verne
Montclair
Ontario
Pomona
San Dimas
La Habra
Unincorporated
San Bernardino
County
Maybe. They
would need to
complete an
analysis to see
what level of
service the City
would require to
determine if they
are able to
accept a new
city.

It is staff’s recommendation to continue service with Los Angeles County DACC due to their resources, the proximity of the LA County Baldwin Park Shelter, and the cost to serve Irwindale remains competitive due to our level of service requested and our residential population.

Should the City want to terminate the contract for any reason, there is a termination clause in the agreement (Section 7.1) that states either party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party at least sixty (60) days before the termination date.

Staff and the City Attorney have reviewed and approved the contract agreement, service levels, and billing rates for Animal Control and Care Services.

Fiscal Impact:

Sufficient funds are budgeted under Public Works Contracts Account No. 01-57-570-42353-0000 in the amount of $60,000 for Fiscal Year 2024/2025.

Attachments:

1. 06-26-2024 Award Contract for Animal Care Control - LETTER

2. 06-26-2024 Award Contract for Animal Care Control - AGREEMENT

3. 06-26-2024 Award Contract for Animal Care Control - ATTACHMENT A - DESCRIPTION OF

SERVICES

Marcia Mayeda, Director
February 12, 2024
Mr. Julian Miranda
City Manager
5050 North Irwindale Avenue
Irwindale, CA 91706
Dear Mr. Miranda:

NEW MUNICIPAL SERVICES AGREEMENT FOR

ANIMAL CARE AND CONTROL SERVICES
FISCAL YEARS 2024-29
We hope this message finds you well. We would like to inform you that the current five-year City-County Municipal Services Agreement (the "Agreement") for animal care and control services is set to expire on June 30, 2024. We are pleased to inform you the new Agreement for Fiscal Year 2024-2029 has now been finalized and is available for your review and signature.

New City-County Municipal Services Agreements
As part of our commitment to maintaining effective collaboration, the County of Los Angeles (County) Department of Animal Care and Control (Department) took proactive steps to ensure that the new Agreement reflects the needs and input of our partner cities. On October 16, 2023, we sent a draft of the new Agreement to your city for review and input, and on June 26, 2023, we conducted a survey to gather valuable feedback from our partnered cities to inform the development of this Agreement. We are immensely grateful for the feedback received; it played a pivotal role in shaping the Agreement.

Mr. Julian Miranda
February 12, 2024

Revisions to the Agreement are summarized below:

City-County Municipal Services Agreement
Revision Type Section Explanation
Added Section 2.3
The City may distribute educational and
outreach materials, reviewed and
agreed upon by both the Department
and the City, related to pet licensing and
its benefits.

Per City requests, grants
cities the autonomy to
distribute materials
pertaining to animal care
and control services, if
approved by the
Department.

Added Section 3.2
In the event of a dispute between the
Parties about the desired or approved
content of the SLR, the dispute will be
handled in accordance with
Paragraph 2.2 of this Agreement.

Further clarifies the
process for disputes
relating to services
defined in the Service
Level Request (SLR).

Added Section 3.4
The City is only required to submit a
new SLR if it wishes to revise its current
services or update information listed on
its existing SLR.

Regarding updates to contact
information, the City is not obligated to
submit a new SLR. A simple email
confirmation from the City will suffice,
and the Department's Contracts and
Grants Division will update the City's
existing SLR and share the revised
copy with the City.

Removes the need for
cities to resubmit a new
SLR each time there is a
contact update. This is to
help streamline the
process for contract cities
and remove the burden of
unnecessary steps.

Added Section 3.5
The City will make its best effort to
inform the Department of any
modifications to its ordinance
concerning animal care and control
services. This approach will enable the
Department to verify that the services
outlined in the City's SLR align with the
municipal ordinance, thereby reducing
the potential for any discrepancies.

Helps ensure consistency
between city ordinances
and what is listed on the
SLR document.

Revised Sections 4.5 and 4.6
Changed the order of Sections 4.5 and

4.6. Changed to improve the
flow of the content

Mr. Julian Miranda
February 12, 2024

Revised Section 7.5
In the event of termination, both Parties
shall fulfill all obligations owed to each
other that have accrued before the date
of termination. Additionally, each Party
will be released from any obligations
that would have accrued after the
termination date had the Agreement
continued. However, the City will remain
responsible for payment to the
Department for any services provided
under this Agreement prior to the
termination date.

Further clarifies the
language on the
termination of the
Agreement and the
responsibilities of each
party.

Revised Section 10.1
Each Party shall designate a Primary
Contact, as identified in Attachment B,
Service Level Request, to facilitate the
services covered by this Agreement.

The Department accepts both physical
(wet) signatures and electronic
signatures for any notices or
correspondence related to this
Agreement.

Helps clarify the
notification process and
makes electronic
signatures allowable for
any notices or
correspondence related
to the Agreement.

Revised Section 11.1
With the exception of changes to a
City’s contact information, any changes,
modifications, or amendments to the
Agreement must be in writing and duly
executed by the Director of the
Department, or his/her designee, and
an authorized representative of the City.

The only exception to this requirement
applies to updates to the City's contact
information, which may be made
through an email from the City.

Allows cities to update
the contact information
on their SLR via an email
confirmation, thereby
removing the requirement
to resubmit a new SLR
each time a contact
needs to be updated.

Mr. Julian Miranda
February 12, 2024

This table lists the Department’s revisions to Attachment A - Description of Services:

Attachment A – Description of Services
Revision Type Section Explanation
Updated Throughout the document. Updated general
language throughout to
align with current
Department practices and
vernacular. Examples
include changing
“impounded” to
“admitted” and “shelter”
to “animal care center.”
Added Section III. Alternatives to Care
Center Admissions and section on
Managed Intake (please refer to
Attachment A for the full language)
Provides language on the
Department’s philosophy
of Managed Intake,
implemented in 2020,
and the services provided
by the Department to
prevent owner surrenders
and to keep pets with
their families.

Revised Section IV. Individual Animal
Licensing Services
Pet owners may opt into a one- or
three-year license option for their pets.

Fees from one- and three-year licenses
collected will be credited to the City
monthly in arrears.

Updated language to
include the three-year
license option which was
previously not available.

Added Section IV. Individual Animal
Licensing Services
The Department’s animal licensing
services include:
• Maintaining the Rabies
Vaccination Certificate tool
database that scans rabies
vaccination data reported by
private veterinary clinics to
identify unlicensed pets in our
jurisdictions and generate
compliance notices to pet
owners.

Added the Department’s
new responsibility of
maintaining records via
the Rabies Vaccination
Certificate tool.

Mr. Julian Miranda
February 12, 2024

Please provide the signed agreement back by May 31, 2024. Your prompt attention will help ensure a seamless transition when the current Agreement expires on June 30, 2024, and the new Agreement takes effect on July 1, 2024, through June 30, 2029. We will make our best effort, based on our available capacity, to attend any necessary council meetings needed to execute the Agreement.

Should you have any questions, require further clarification, or wish to discuss any aspect of the Agreement, please do not hesitate to reach out to Mr. Bradley Kim of our Contracts and Grants Division at [email protected] or (562) 379-9722.

We value your partnership and look forward to continuing our collaborative efforts in providing outstanding animal care and control services to your city. Thank you for your continued support and cooperation.

Sincerely,

MARCIA MAYEDA
Director
MM:DU:WD:BK:rke
s:\contract cities\ref docs\municipal services agreement (2024-29) 2.12.2024 final (template).docx Enclosures
c: Animal Care Board Deputies
Chief Executive Office (David Korsak)
Revised VI. Records
Updated Government Code in relation
to the Public Records Act
Updated for accuracy.

Added VI. Records

12. Public Hours performed at a specific
Animal Care Center
Added Public Hours
report as a request option
for cities

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

TABLE OF CONTENTS

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF IRWINDALE

PARAGRAPH TITLE PAGE
RECITALS 2

1.0 AGREEMENT TO PROVIDE SERVICES UNDER

STATE AND LOCAL STATUTES
2 2.0 1.0 ADMINISTRATION OF PERSONNEL 3

3.0 2.0 DEPLOYMENT OF PERSONNEL 4

4.0 3.0 PERFORMANCE OF CONTRACT 4

5.0 4.0 INDEMNIFICATION 5

6.0 5.0 TERM OF CONTRACT 6

7.0 6.0 RIGHT OF TERMINATION 6

8.0 7.0 CONTRACT SUM 6

9.0 8.0 PAYMENT PROCEDURES 7

10.09.0 NOTICES 7

11.0 10.0 AMENDMENTS 8

12.0 11.0 AUTHORIZATION WARRANTY 8

13.0 12.0 ENTIRE AGREEMENT 8

14.0 13.0 CONSTRUCTION OF AGREEMENT 9

15.0 14.0 IMPLEMENTATION OF AGREEMENT 9

16.0 15.0 COUNTERPARTS 9

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF IRWINDALE
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT (“Agreement”) between the COUNTY OF LOS ANGELES (“the County”) and the CITY OF IRWINDALE (“the City”), together known as “the Parties,” is made and entered into July 1, 2024, or when signed by all Parties, whichever is later.

RECITALS
a. The City desires to contract with the County to perform the animal care and control functions described in this Agreement; and
b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
c. Such agreements are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and sections 51300 et seq. of the Government Code of the State of California.

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:

1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL

STATUTES

1.1 The County agrees, through the County Department of Animal Care and Control (“the Department”), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.

1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, “Animals,” of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request.

2.0 ADMINISTRATION OF PERSONNEL

2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.

2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good-faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute.

2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract, which must be concurrently adopted by the City and County. Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits.

2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.

2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.

2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.

3.0 DEPLOYMENT OF PERSONNEL

3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement.

3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement.

3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change.

3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement.

Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City.

3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services.

This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies.

3.6 The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement.

4.0 PERFORMANCE OF CONTRACT

4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.

4.2 Nothing in the Agreement prohibits the City from providing, at the City’s expense, additional resources for the County to utilize in its performance of the services.

4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, must be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost.

4.4 If requested, the Department will use its best efforts to attend one in-person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location, or virtual meeting link, for all in-person and/or virtual meetings or meet at the Department’s headquarters in Long Beach, California.

4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives’ time at meetings requested by the City.

4.6 If requested, the Department will use its best efforts to send representatives to the City’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow.

4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current

billing rate for staff time as listed in Attachment C, City-County Municipal Services Billing Rates.

5.0 INDEMNIFICATION

5.1 The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.

5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint Indemnity Agreement previously in effect between the Parties.

6.0 TERM OF CONTRACT

6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended.

6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.

7.0 RIGHT OF TERMINATION

7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.

7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement.

In such an event the Agreement will terminate sixty (60) calendar days from the date of the City’s notice to the County.

7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least onehundred eighty (180) days before the date specified for that termination.

7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days’ notice in writing to the

other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution.

7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date.

8.0 CONTRACT SUM

8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor-Controller and set forth in the current Attachment C, City-County Municipal Services Billing Rates.

8.2 The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County.

8.3 The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form.

8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City-County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County.

9.0 PAYMENT PROCEDURES

9.1 The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twentyfive (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice.

9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount.

9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice.

The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.

9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.

9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of County’s intention to do so.

10.0 NOTICES

10.1 Each Party shall designate a Primary Contact, as identified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or inperson interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachment B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party.

The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement.

10.2 Notices to the County of Los Angeles must be addressed as follows:

For physical notices:

County of Los Angeles Department of Animal Care and Control Contracts and Grants Division
Attn: Bradley Kim
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 379-9722
For electronic notices:

[email protected]

10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager.

11.0 AMENDMENTS

11.1 With the exception of changes to a City’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City.

12.0 AUTHORIZATION WARRANTY

12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.

13.0 ENTIRE AGREEMENT

13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee, is authorized by the County to execute amendments.

14.0 CONSTRUCTION OF AGREEMENT

14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.

15.0 IMPLEMENTATION OF AGREEMENT

15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.

16.0 COUNTERPARTS

16.1 The Agreement may be executed in counterparts (including via facsimile or electronic copy), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement.

CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF IRWINDALE
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative.

COUNTY OF LOS ANGELES
By_______________________________

MARCIA MAYEDA
Director
Department of Animal Care and Control
Date_______________________________

CITY OF IRWINDALE
By_______________________________
City of Irwindale, City Manager
Date_____________________________
ATTEST:

By______________________ _________
City Clerk Date
By______________________ _________
City Attorney Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By___________________________
David Beaudet
Senior Deputy, County Counsel
Date_________________________

COUNTY OF LOS ANGELES

ATTACHMENT A

DEPARTMENT OF ANIMAL CARE AND CONTROL

DESCRIPTION OF SERVICES
I. Animal Care Services
The County of Los Angeles Department of Animal Care and Control (Department) maintains seven animal care centers that accept stray, lost, abandoned, and relinquished animals. The Department also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or lost animals are held for an initial period to give an owner the opportunity to reclaim them. Ownerrelinquished animals are held for an initial period prior to euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended in an attempt to reunite the animal with an identified owner or for other reasons.

The Department is dedicated to providing appropriate and safe housing to all animals accepted into the Department’s care. The Department is required by law to provide a safe environment with proper food, water, shelter, opportunity for exercise, and medical care for the animals it houses. Medical care may be provided by Department staff or, at the Department’s sole discretion, outsourced to a contracted veterinarian.

As requested by the City in Attachment B, Service Level Request, the Department will provide the City with either: Full Care Center Services; Animal Care for Transfer only; or No Care Center Services.

A. Full Care Center Services
All animals collected in the field within the boundaries of the City or determined to have originated from within the boundaries of the City may be housed at a County animal care center. Admitted animals will be vaccinated and provided medical care, food, water, and shelter. The Department may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal care center to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.

The Department will make reasonable attempts to house animals from the City at the animal care center closest to the City. The nearest animal care center to the City will be designated as the primary animal care center. There may be circumstances in which the Department will house animals collected from the City at an alternate location.

Full Animal Care Center services include:
• Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care;
• Holding stray animals and attempting to reunite them with their owners; • Accepting unwanted animals surrendered by their owners; • Making best efforts to find new adoptive homes for domestic animals and livestock;
• Quarantine and observation of animals for rabies and other diseases at the direction of the Department of Public Health;
• Working with wildlife rehabilitators to rescue sick and injured wildlife; • Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters;
• Holding animals that are the subject of criminal investigations or other legal or administrative proceedings;
• Spay and neuter services for dogs and cats pursuant to State law; • Medical treatment and surgeries to make animals more adoptable; • Euthanizing sick, injured, dangerous, unweaned, feral, or un-adoptable animals;
• Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations; • Filing annual reports to the State of California as required by law; • Disposal of dead animals;
• Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes;
• Connecting pet owners to services to increase owner retention of pets; and • Maintaining regular hours of operation for the public.

B. Animal Care for Transfer
If the City has opted for Animal Care for Transfer services in Attachment B, the Department will provide temporary housing until the City has transported the animal(s) to another animal care facility. Services will be the same as described for Full Shelter Service above. The Department will only release animals to be transported to an animal care facility approved in advance by the Department and documented in Attachment B. The Department will only release an animal to persons capable of transferring an animal safely in a vehicle appropriate for the humane transfer of the animal. The City will be responsible for all costs of the temporary care and housing at the Department’s animal care center, as well as the subsequent costs of transportation, care, and housing at the animal care location of the City’s choice. The Department may refuse to release an animal for transport if, in the reasonable assessment of the Department, the vehicle in which the City desires the animal(s) to be transported poses an unacceptable risk of harm to the animal(s) or others, or if the animal is

ill or injured to the extent that transportation would cause further injury or suffering.

The Department will not provide transportation from the field or from a County animal care center to any alternate animal care location, except as necessary for the needs of the County. If necessary, the Department may transport an animal(s) to an alternative animal care location of the City’s choice and the City will be responsible for the cost of such transport at the current billing rate for field service staff.

The City will be responsible for all costs for the admission, care, and housing at the Department's animal care center, as well as the subsequent costs of care and housing at any animal care facility of the City's choice. The City's designated animal care center location is listed in Attachment B, Service Level Request.

II. Field Services
The County will provide the services set forth below in accordance with the provisions of the Los Angeles County Code, Title 10, “Animals,” and all future amendments, except as otherwise agreed to by the Parties in Attachment B, Service Level Request.

A request by the City for the Department to enforce Los Angeles County Code, Title 10, Chapter 37, will authorize the Department to provide an administrative hearing process to accomplish the enforcement when applicable.

In order to harmonize the terms of this Agreement with the provisions of the City’s municipal code, the City must adopt Title 10 “Animals” of the Los Angeles County Code (“Title 10”). The City may adopt or opt out of provisions of Title 10 only as agreed to by the Department. The City is encouraged, but not required to, adopt Title 10 in such a way as to incorporate all future amendments.

The Department will inform the City of any proposed changes to Title 10 with as much advance notice as practical, with the intention to provide the City with an opportunity to submit input to the Department and the County related to the proposed changes. The Department will notify the City of the passage of any change to Title 10 by the County Board of Supervisors as soon as practical. The Department will inform the City whether the City may adopt or opt out of the changes to Title 10.

Description of Field Services
The Department will provide sufficient resources and services for animal control field services. Services consist of Department personnel performing a variety of tasks utilizing appropriate equipment. These tasks include:
• Promptly responding to reports of vicious and dangerous animals that pose a threat to public safety;

• Capturing, reuniting, and admitting stray domestic animals; • Capturing and impounding or returning domestic animals at large; • Accepting and caring for animals surrendered by their owners; • Removal of dead land animals (limited to a maximum of 150 pounds) from public and private property as set forth in Section 10.12.130 of the County Code; • Educating the public and enforcing State laws and local ordinances, including leash laws, animal cruelty laws, and the laws relating to keeping wild or exotic animals;
• Investigating cases for possible criminal prosecution, including misdemeanor and felony crimes; issuing citations; collecting evidence; preparing reports; testifying in court and other hearings;
• Investigating appropriate cases for potential administrative actions pertaining to animals; preparing appropriate documentation to pursue administrative declarations; conducting administrative hearings, consistent with state and County laws; and defending declarations that are challenged in court; • Rescuing ill, injured, or abused animals;
• Enforcing animal nuisance complaints such as excessive animal noise and other violations; issuing administrative or criminal citations as appropriate; • Assisting local law enforcement with their investigations when animals are involved, such as the service of search warrants and impounding animals as evidence or when necessary for those belonging to persons taken into custody; • Responding to emergencies such as fires, earthquakes, floods, and other natural or manmade disasters to rescue and temporarily house animals, or to provide care for animals in evacuation zones;
• Maintain a 24-hour dispatch and communications center to receive calls for service and dispatch staff for field response as appropriate; and • Maintaining records in accordance with applicable laws and policies.

A. Standard Service Plan
The Standard Service Plan includes answering calls for service 24 hours per day, seven days per week, dispatching or assigning field staff, and performing duties in the field based on priority, location, and availability of staff. Services provided under the Standard Service Plan are similar to those services the Department provides to unincorporated communities in Los Angeles County.

B. Limited Service Plan
The Limited Service Plan includes standard services on a part-time basis during days and hours specified in the Service Level Request. Billing rates are described in Attachment C, City-County Municipal Services Billing Rates.

III. Alternatives to Care Center Admissions
The Department's “Alternatives to Care Center Admissions” services are activities that go beyond providing housing for dogs and cats, and have the effect of keeping pets out of care centers and in homes and healthy environments. This includes staff counseling pet owners or connecting them with resources such as free pet food and supplies, medical vouchers, temporary housing, access to a medical helpline, and other critical resources all intended to help keep pets with their families. The Department also offers a variety of pet assistance programs, known collectively as the Pets Are Family (PAF) program, which is funded almost entirely through donations and grants received by the Department. A summary of the programs offered under PAF can be found on our website (https://animalcare.lacounty.gov/dacc-support-services).

As a result of these efforts, the number of dogs and cats admitted into Department animal care centers has decreased dramatically due to the Department reducing preventable pet surrenders. These programs are only available to cities that opt into Full Care Center Services and are charged at a flat per capita rate as indicated in Attachment C, CityCounty Municipal Services Billing Rates.

Managed Intake
Managed Intake (MI) is a strategy that allows agencies to manage and reduce the flow of both owned pets and homeless animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the Department’s intervention services, pet owners receive support in the form of consultation, financial resources, and referrals — both medical and behavioral — to assist them with their pet-related issues. MI has reduced the number of surrendered animals admitted to the Department’s care centers to those who have no other opportunity for rehoming. This is reducing the costs for cities that are associated with sheltering cats and dogs.

Components of Managed Intake:
• Community Engagement is key to successfully employing Managed Intake, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners.
• The Department encourages people who have found stray animals to attempt to reunite the pets with their families. The Department also encourages residents to

allow free roaming cats to remain where they live, as these are often pets or community cats.
• To reduce the relinquishment of owned pets, the Department will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the Department, as will animals that are sick or injured.

IV. Individual Animal Licensing Services
Adult dogs four months of age and older are required by State law to have individual licenses. The City may request that the Department enforce licensing requirements in the City for dogs, cats, or other animals as described in Attachment B. The City may adopt the County’s fees for individual animal licenses or set its own fees as permitted in Attachment B.

License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee-per-license basis. Pet owners may opt into a one- or three-year license option for their pets. A current license will be required before an animal will be released to a resident of the City.

Fees from one- and three-year licenses collected will be credited to the City monthly in arrears.

The Department’s animal licensing services include:
• Issuing animal licenses for pets as requested by the City; • Processing license applications, payments, and information changes; • Issuing license renewal notices;
• Assessing and collecting fees, penalties, and other financial remittances; • Maintaining a database for animal licensing, records of calls for service, and actions taken; and
• Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.

V. Additional Outreach and Enforcement Services Options The City may request that the Department provide additional services as outlined below.

A. Animal License Enforcement Services
License Enforcement Services provides staff to perform individual animal license

enforcement in designated areas within the City. This program includes:
• Issuing new licenses and renewing expired licenses;
• Issuing citations to violators of animal licensing ordinances; • Collecting license revenue, delinquency charges, and authorized fees; and • Recording licensing data in the Department's database.

B. Animal Facility Licensing
The Department's Animal Facility Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under Title 10 of the County Code. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. Licensees are provided a letter grade based on the results of the inspection.

The Department retains facility license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the City. Investigations in response to complaints about activities at a licensed location are conducted by field officers based in the Department's animal care centers and are billed in accordance with Attachment C, City-County Municipal Services Billing Rates.

This program includes:
• Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities;
• Issuing grades to animal facilities consistent with the requirements of Section

10.28.270 of the County Code;
• Follow-up inspections of animal facilities as necessary; • Collection of license fees to offset the cost of services; and • Documentation and maintenance of records as necessary.

C. Vaccination and Microchip Clinics
California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers. If the City chooses additional rabies vaccination and microchip clinics, the following services are offered:

• Providing or assisting in arranging for low-cost vaccinations and microchips; • Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
• Licensing animals vaccinated at the clinic; and
• Assisting jurisdictions in promoting these community-based clinics.

D. Spay/Neuter Trust Fund
The City may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust Fund. Participation in the Spay/Neuter Trust Fund allows the Department to offer a low-cost or free spay/neuter program for the City’s residents who wish to have their pets spayed or neutered. The Department staff will work with animal care center veterinary clinics and mobile veterinary clinics to assist qualified residents in obtaining spay/neuter services in an area near them.

VI. Records
Upon reasonable notice, the Department will make available to authorized representatives of the City, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The City must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).

Upon request, the following standard reports are available from the Department on a monthly basis:

1. Dogs and/or Cats Impounded

2. Animals Returned to Owners

3. Dogs and/or Cats Abandoned

4. Special Admission Dog & Cat

5. Other Animals Impounded

6. Quarantined Dogs and/or Cats

7. Special Admission Other Animals

8. Private Veterinarian (Outside Medical Expense)

9. Dead Animal Pick Up Requests

10.Types of Calls for Service

11. Location of Admission

12. Public Hours performed at a specific Animal Care Center

In accordance with Section 4.7 of the Services Agreement, the Department will provide up to 12 hours of staff time annually for producing special reports to the City at no cost.

Additional staff time will be charged to the City at the current reimbursement rate for applicable staff time.

Item #19.G.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the First Amendment to the Contract Services Agreement for the Senior Center Nutrition Program
City Manager's Recommendation:

That the City Council authorize the City Manager to execute a First Amendment to the Contract Services Agreement with TRIO Community Meals for the Senior Center Nutrition Meal Program.

Administrative Action:

Submitted/Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

The City of Irwindale provides free to low-cost nutritional lunches at the Irwindale Senior Center Monday - Friday, with the exception of special events and the monthly birthday breakfast celebrations.

In 2003, the City of Irwindale hired Morrison Management Specialists to provide these meals from the Senior Center’s Nutritional Lunch Program. During this time, there were approximately 40 seniors who were served lunch at the Irwindale Senior Center and an additional 10-15 homebound senior meals delivered; however, the City did not have current contract and was receiving services on a month-tomonth basis.

In January 2018, the City released a RFP for the Senior Center Nutrition Program, two (2) proposals were submitted, and Morrison's was determined the most responsive proposal received. As staff prepared the contract, Morrison's sold their business to Bateman Community Living (Bateman).

Bateman accepted the terms agreed to by Morrison's and the City entered into a five (5) year contract agreement with Bateman that included the possibility of two (2), one (1) year extensions. Additionally, the cost per meal in 2018 was $3.95 and Bateman proposed a cost increase of $4.07 per meal, which was a 3% increase from the previous year. The City agreed to the cost increase and both the City and Bateman agreed to language in the contract agreement stating the contract amount is subject to an annual CPI increase, not to exceed 3% per year.

In August 2021, Bateman Community Living changed its name to Elior, Inc. dba TRIO Community Meals, LLC in an effort to alight three leaders in the senior nutrition segment under one name and continued with the same contract and contract terms.

In March 2024, TRIO Community Meals sent City Staff a letter requesting a 4.5% CPI Increase for these services. As per the contract agreement with Bateman Community Living, the CPI increase cannot exceed 3% per year administratively. City Council approval is required for any request over 3%.

Additionally, staff is recommending the contract agreement be approved for two, one (1) year extensions based on their excellent service, timely deliveries, and exceptional communication with staff. As a result, now would be the time to update the name of the current company, approve the

4.5% CPI increase, and approve both of the two (2), one (1) year extensions under a contract amendment to extend the contract through June 30, 2026.

Fiscal Impact:

The cost of services for Fiscal Year 2023/2024 was $65,181.05. Trio Community Meals is requesting a

4.5% increase of $4.25 per meal, or an additional $2,934 per year or a total of $68,115. Sufficient funding is available in the fiscal year 2024/2025 Budget for this amount.

Attachments:

1. 6-26-2024 Senior Center Nutrition Contract - AMENDMENT(991477.1)

2. 6-26-2024 Nutrition Contract Renewal - NAME CHANGE LETTER

3. 6-26-2024 Nutrition Contract Renewal - RATE LETTER

01247.0006/991477.1 1634628.1

FIRST AMENDMENT

TO THE CITY OF IRWINDALE CONTRACT SERVICES AGREMENT FOR MEALS

FOR THE SENIOR CENTER NUTRITION PROGRAM
This First Amendment (“Amendment”) to the City of Irwindale Contract Services Agreement for Meals for the Senior Center Nutrition Program by and between the City of Irwindale, a California municipal corporation (the “City”) and Elior, Inc. dba TRIO Community Meals, LLC formally Bateman Community Living (herein “Consultant” or “Contractor”), dated June 26, 2024, shall be effective upon the date executed by both Parties hereto (“Effective Date”).

RECITALS
A. City and Consultant entered into contract services agreement for meals for the Senior Center Nutrition Program on the 1st of July, 2019 (“Agreement”). The Consultant’s name at the time was Bateman Community Living. On August 23, 2021, the Consultant submitted a letter to the City informing the City that Bateman Community Living was effectively now Elior, Inc. dba TRIO Community Meals, LLC.; and B. On March 24, 2024, Consultant sent the City requesting a 4.5% CPI Increase to continue to provide this service. The cost per meal would increase from $4.07 to $4.25. The cost increase will go into effect on July 1, 2024; and
C. The City is approving two (2), one year (1) extensions to this contract beginning July 1, 2024 and expiring on June 30, 2026.

NOW THEREFORE, the Parties agree to amend the contract services agreement as follows:

I. Contractor Name Change.

The Contractor has formally changed its name from Bateman Community Living to Elior Group, LLC. Dba TRIO Community Meals, LLC. This Agreement is now between the City of Irwindale and Elior Group, LLC. Dba TRIO Community Meals, LLC. All instances in the Agreement where ”Bateman Community Living” appears shall be replaced and superseded with “Elior Group, LLC. Dba TRIO Community Meals, LLC.” II. Article 2. COMPENSATION; Section 2.1 shall now read as follows (deletions shown in strikethrough and additions shown in bold italics):

2. 1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the " Schedule of Compensation" attached hereto as Exhibit " C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifty-Seven Thousand Four Hundred Tenty Dollars ($57,420.00) Sixty-eight Thousand One Hundred Fifteen Dollars ($ 68,115.00) (" Contract Sum"), On each anniversary of the Effective Date, the rates listed on Exhibit

01247.0006/991477.1 1634628.1
C and the Contract Sum shall be increased by the CPI Adjustment (as defined herein), but in no event to exceed the maximum amount of three percent (3%) in any year." CPI Adjustment" is the annual price escalator obtained from the Consumer Price Index for All Urban Consumers, U.S. City Average, Food Away From Home", Series Id:

CUUR0000SEFV (Not Seasonally Adjusted) as measured against the most recently published twelve (12) month period.

III. Article 3. PERFORMANCE SCHEDULE; Section 3.4 Term shall now read as follows (deletions shown in strikethrough and additions shown in bold italics):

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until terminated but not exceed five (5) years; provided, however that the Contract Officer may approve an extension, in writing of the term for a cumulative maximum of two (2) one (1) year extensions for Contractor to provide services for such additional years, without the requirement of any official action by the City Council of the City, or an amendment to this Agreement, except as otherwise provided in the Schedule of Performance. seven (7) years), as extended under the Agreement, which states that the City may approve a cumulative maximum of two (2) one (1) year extensions for Contractor to provide services for such additional years, except as otherwise provided in the Schedule of Performance (Exhibit "D"). This Agreement shall expire on June 30, 2026 with no further extensions.

IV. Exhibit “C” Schedule of Compensation is replaced and superseded by Exhibit “C-1,” attached hereto and incorporated herein by this reference.

V. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Agreement.

VI. This Amendment integrates all of the terms and conditions mentioned herein and supersedes all negotiations with respect to matters referenced herein. Except as specifically amended hereby, the Contract Services Agreement shall remain in full force and effect. To the extent there is any conflict or inconsistency between the terms and provisions of this Amendment and the Contract Services Agreement, this Amendment shall control. From and after the date of this First Amendment, whenever the term Contract Services Agreement appears in the Contract Services Agreement, it shall mean the Contract Services Agreement, as amended by First Amendment.
[SIGNATURES ON FOLLOWING PAGE]

01247.0006/991477.1 1634628.1
The Parties hereby enter into this Amendment upon the Effective Date as is set forth above.

FOR THE CITY OF IRWINDALE:

By:___________________________
Julian A. Miranda
City Manager
Date:__________________________
ATTEST:
______________________________
Laura M. Nieto, MMC
City Clerk
APPROVED AS TO FORM:
_______________________________
Adrian R. Guerra
City Attorney
FOR ELIOR, INC. DBA TRIO
COMMUNITY MEALS, LLC:

By: ____________________________
Signature
____________________________
Print Name, Title
Date:___________________________
By: ____________________________
Signature
____________________________
Print Name, Title
Date:___________________________

01247.0006/991477.1 1634628.1
EXHIBIT “C-1”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

Hot Home Delivered Meal Previous Costs New Costs (4.5%) as of July 1, 2024
Raw Food $2.03 $2.12
Preparation $1.07 $1.12
Foodservice Supplies $0.52 $0.54
Other $0.40 $0.42
Overhead Profit $0.05 $0.05
Total Price of Meal $4.07 $4.25
Based on 240 service days at 55 meals per day.

II. The City will compensate Consultant for the Services performed upon submission of a valid invoice in accordance with Section 2.2 of the Agreement.

III. The total compensation for the Services shall not exceed $68,115, as provided in Section 2.1 of this First Amendment.

March 24, 2024
City of Irwindale
Eloise Beltran
Dear Eloise,
It is that time of year where we need to renew your contract and negotiate our new rates. The City of Irwindale renewal was due March 1, 2024.

We value and appreciate the partnership with your organization, and we look forward to providing meals and great service to the City of Irwindale.

While we are living in exceedingly tough times, our meal service remains our priority as we strive to meet the needs of our clients.

Beginning March 1, 2024, we are requesting a 4.5% CPI Increase for the City of Irwindale. Below are the proposed new rates for the year.

HDM Meals New Rate
Raw Food $2.12
Preparation $1.12
Food Service Supplies $0.54
Other $0.42
Overhead Profit $0.05
Total Price of Meal $4.25
Please review and let me know if you approve or if you have any questions/concerns.

Best Regards,
Willie Ruffin

Item #19.H.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for Janitorial Services for City of Irwindale Facilities City Manager's Recommendation:

That the City Council adopt Resolution No. 2024-49-3526 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING AN AWARD OF CONTRACT AND AGREEMENT WITH

BRITEWORKS, INC FOR JANITORIAL SERVICES FOR CITY OF IRWINDALE FACILITIES, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT, AND APPROVING AN APPROPRIATION OF FUNDS FOR THE AGREEMENT”.

Administrative Action:

Submitted/Prepared by:

Elzabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

BriteWorks, Inc. was awarded the Janitorial Services Contract for City Facilities on November 13, 2019 with the contract to begin on January 1, 2020 and initially expire on June 30, 2023 with two (2), one (1)

year renewal options. The contract was renewed for one year and set to expire on June 30, 2024.

Staff made the decision not to renew the contract but to release a Request for Quotations (RFQ) based on the increase in minimum wage, the requirements set forth by SB 1383 for Direct Service Vendors The Public Works Services Department issued a Request for Quotations (RFQ) for Janitorial Services for City of Irwindale Facilities on Thursday, May 23, 2024. A notice was posted at City Hall, the Library, at the Post Office, and in the San Gabriel Valley Tribune on April 26, 2024. The RFQ was uploaded to both the City’s website and PlanetBids. Both sites distributed the Notice of RFQ to vendors registered on each website. The RFQ required companies to submit a letter of introduction, how they would provide scope of services, past record of performance, capacity of firm, list of licenses, description of their quality assurance/control program, ability to meet insurance and bonding requirements, and their proposed project budget and pricing. The cost proposal requested a base bid/option #1 and an alternative bid/option #2.

Base Bid/Option #1 included the following facilities:
• City Hall
• Council Chambers
• Police Department
• Library
• Dan Diaz Recreation Center
• Aquatics Center
• Public Works Services
• Public Works Yard
• Irwindale Park (Friday – Sunday, Holidays)
• Jardin de Roca Park (Friday – Sunday, Holidays)
• Little Park of Irwindale (Friday – Sunday, Holidays)
• El Nido Park (Friday – Sunday, Holidays)
• Picnic Shelter (Friday – Sunday, Holidays)
Alternative Bid/Option #2 included the following facilities:
• Senior Center
• Annex Offices/Community Center
• Mission
A mandatory site walk occurred on Tuesday, May 7, 2024, at 9:30 a.m. and the department accepted questions until Tuesday, May 14, 2024, at 5 p.m. There were two addenda that were issued on Thursday, May 16, 2024, and Wednesday, May 22, 2024.

As a result of Addendum #2, the RFQs were due Wednesday, May 29, 2024, at 5:00 p.m. in person or

via PlanetBids. There were a total nine (9) bids submitted. The RFQs were evaluated based on experience, capacity of firm, and pricing. The results of the RFQ evaluations are outlined below.

Janitorial Companies Monthly Base
Bid
Alternate
Bid/Option 2
4 th of July Total Annual
Option 1 + 4th
of July
1 BMS Staffing Services $208,550.00 $73,200.00 $8,400.00 $2,511,000.00 2 BriteWorks, Inc. $ 13,303.95 $ 4,284.68 $1,300.00 $160,947.40 3 JJ Property Maintenance
Network
$8,903.88 $3,721.39 $1,478.00 $108,324.56
4 Merchants Building
Maintenance
$12,722.52 $5,577.37 $1,014.50 $153,684.74
5 Moore United Construction, Inc. $18,647.85 $0.00 $1,080.00 $224,854.20 6 Premier Property Preservation,
LLC
$12,847.12 $5,075.73 $1,687.50 $155,852.94
7 Pronto Janitorial Services $17,532.05 $9,474.96 $1,715.00 $212,099.60 8 Santa Fe Janitorial Maintenance $15,081.50 $4,924.59 $1,932.00 $182,910.00 9 Industrial Janitor Services, Inc.* $11,507.00 $5,992.00 Not Provided
$138,084.00
*This company was disqualified for not submitting the required documents.

Staff invited the following five companies to interview on Wednesday, June 12, 2024. The results of the interviews are as follows:

Janitorial Companies Monthly Base
Bid
Alternate
Bid/Option 2
4 th of July Results
1 BriteWorks, Inc. $13,303.95** $4,284.68 $1,300.00 1
st
2 Premier Property
Preservation, LLC
$12,847.12 $5,075.73 $1,687.50 2
nd
3 Merchants Building
Maintenance, LLC
$12,722.52 $5,577.37 $1,014.50 3
rd
4 Santa Fe Janitorial
Maintenance Services,
Inc.
$15,081.50 $4,924.59 $1,932.00 4
th

5 JJ Property Maintenance
Network, Inc.
$8,903.88 $3,721.39 $1,478.00 5
th
**Briteworks agreed to lower their monthly price from $13,303.95 to $12,847.12.

The interview panel consisted of two (2) Public Works Services staff and one (1) staff member from City Administration. BriteWorks, Inc. was deemed the most qualified, and experienced company to provide janitorial services for the City of Irwindale; however, their bid pricing was higher than three of the companies interviewed. Staff reached out to BriteWorks to negotiate the cost down to $12,847.12 and they accepted. Therefore, the yearly base bid/option #1 cost to provide services to the City of Irwindale is $154,165.44 plus $1,300 to provide 4th of July Services for a total of $155,465.44. These costs are subject to CPI increase or decrease each year and are based on the prior calendar year in the California Consumer Price Index (for all items) as determined by the California Department of Industrial Relations, all as more fully set forth pursuant to the provisions of Section 2212 of the Revenue and Taxation Code of the state.

The initial contract term for janitorial services will expire on June 30, 2027, with an option for two (2) additional one (1) year periods. Renewal will be exercised based upon the level of satisfaction with services provided by the Contractor.

Fiscal Impact:

There is currently $113,600 budgeted for Janitorial Services under Public Works Contracts in the FY2024-2025 Budget. An appropriation of $42,000 is required from the General Fund Reserves for FY2024-2025 Budget in order to fully fund the annual contract amount of $155,465.44.

Attachments:

1. 06-26-2024 Award of Contract for Janitorial Contract - RESOLUTION

2. 06-26-2024 Award of Contract for Janitorial Contract - CONTRACT AGREEMENT

01005.0006/991783.1
RESOLUTION NO. 2024-49-3526

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING AN AWARD OF CONTRACT AND AGREEMENT WITH BRITEWORKS,

INC FOR JANITORIAL SERVICES FOR CITY OF IRWINDALE FACILITIES,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND

APPROVING AN APPROPRIATION OF FUNDS FOR THE AGREEMENT
WHEREAS, the Public Works Services Department issued a Request for Quotations (RFQ) for Janitorial Services for City of Irwindale Facilities on May 23, 2024; and
WHEREAS, on April 26, 2024, a Notice of Request for Quotations was posted at City Hall, the Library, at the Post Office, and in the San Gabriel Valley Tribune; and WHEREAS, a mandatory site walk occurred on May 7, 2024; and WHEREAS, two addenda were issued on May 16, 2024, and May 22, 2024; and WHEREAS, RFQs were due on May 29, 2024 at 5:00 p.m. and a total of nine (9) RFQs were submitted; and
WHEREAS, staff interviewed five (5) companies and selected BriteWorks, Inc. as the most qualified; and
WHEREAS, the City Council, based on staff’s recommendation desires to approve the award of contract and agreement with BriteWorks, Inc., and authorize the City Manager to execute the agreement; and
WHEREAS, the total cost for the three-year contract is $466,396.32 with the annual total cost at $155,465.44. The Fiscal Year 2024/2025 budget for janitorial services is $113,600; therefore, an appropriation of $42,000 is required to fully fund this contract for Fiscal Year 2024/2025; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.

SECTION 2. The City Council of the City of Irwindale hereby appropriates $42,000 from the general fund reserves to fund the janitorial services contract for Fiscal Year 2024/2025.

SECTION 3. The City Council of the City of Irwindale hereby approves the award of contract, and Contract Services Agreement for Janitorial Services for City of Irwindale Facilities, attached hereto as Exhibit “A,” and authorizes the City Manager to enter into a

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contract agreement with BriteWorks, Inc. to provide janitorial services for the City of Irwindale Facilities from July 1, 2024 through June 30, 2027 with the option of two (2), one (1) year extensions. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent of this Resolution.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 5. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED and ADOPTED this 26TH day of June 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
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. 2024-49-3526 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 26th day of June 2024, by the following vote:

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AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

AGREEMENT FOR CONTRACT SERVICES
By and Between

CITY OF IRWINDALE
and
BRITEWORKS, INC.

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AGREEMENT FOR CONTRACT SERVICES BY AND
BETWEEN THE CITY OF IRWINDALE AND BRITEWORKS, INC.

This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 1st day of July, 2024 by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation (“City”) and BriteWorks, Inc., a California corporation, 620 N. Commercial Avenue, Covina CA 91723 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Quotations, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.

C. Pursuant to the City of Irwindale’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest

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professional standards” shall mean those standards of practice recognized by one or more firstclass firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

The Scope of Service shall include Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

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1.7 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Sixty Six Thousand, Three Hundred Ninety Six Dollars and Thirty Two Cents ($466,396.32) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

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2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.

By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until the maximum contract amount is expended, but not to exceed June 30, 2027. The term of this agreement can be extended with two (2), one (1) year renewal options to be exercised by the Public Services Director. Renewal will be exercised based upon the level of satisfaction with services provided by the Consultant.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

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Anita Ron President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager [or such person as may be designated by the Assistant City Manager]. It shall be Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an

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independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $2,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than

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$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage. (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(g) Broader Coverages and Higher Limits. Notwithstanding anything else herein to the contrary, if Contractor maintains broader coverages and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverages and/or higher limits maintained by Contractor.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to City. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until Contractor has provided City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

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All certificates shall name City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:

CANCELLATION:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE EXPIRATION DATED THEREOF,
THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DAY

ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed] ______________
Contractor’s Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5.3.

In the event Contractor subcontracts any portion of the work in compliance with Section

4.5 of this Agreement, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of

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Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold City, its officers, agents, and employees harmless therefrom;
(c) In the event City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to City, its officers, agents or employees, any and all costs and expenses incurred by City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Sufficiency of Insurer.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.

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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, Contractor shall fully cooperate with City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to

01005.0001/991788.1 -12-
City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

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7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or

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different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be such shorter time as Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Contractor.

If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amounts owed City as previously stated.

7.9 Attorneys’ Fees.

If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any

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appeal, and in addition a Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement,

01005.0001/991788.1 -16-
and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts and Electronic Signatures.

This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paperbased record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification

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of this Agreement shall be valid unless made in writing and approved by Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:

Laura Nieto, City Clerk
APPROVED AS TO FORM:

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

BriteWorks, Inc.
620 N. Commercial Avenue
Covina, CA 91723
By:

Name: Anita Ron
Title: President
By:

Name:

Title:

Two corporate officer signatures required when Contractor 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. CONTRACTOR’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 CONTRACTOR’S BUSINESS ENTITY.

01005.0001/991788.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 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

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
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.

01005.0001/991788.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 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

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
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.

01005.0001/991788.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
Consultant will perform the following janitorial services, as specified for Irwindale facilities:

CLEANING WORK AND QUALITY REQUIREMENTS

1. RESTROOMS:

NOTE: CLEANING TOOLS USED IN RESTROOMS SHALL NOT BE UTILIZED IN GENERAL OFFICE AND OTHER AREAS (i.e., rags, mops, sponges, gloves, etc.)
A. Daily:

1. Sweep and wet mop or scrub floors utilizing a cleaner - disinfectant.

Sweeping, Wet Mopping Scrubbing: The floors shall be cleaned with a germicidal detergent solution and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean.

2. Clean and sanitize all fixtures including metal and chrome surface - water closets, urinals, washbasins, shower stalls, mirrors, waste receptacles, shelving, dispensers and wall surfaces, utilizing a germicidal detergent solution.

Fixture Cleaning: All fixtures and metal surfaces (washbasins, urinals, toilets, shower stalls, etc.) shall be cleaned with an approved germicidal detergent solution; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture.

3. Empty waste receptacles, service/supplies, paper towel, soap, toilet paper and seat cover dispensers. Empty, clean and disinfect sanitary napkin receptacles; replace soiled bags with new ones. Collect soiled bags in separate containers for disposal.

Servicing: All supplies shall be provided and waste receptacles shall be emptied and sanitary napkin dispensers’ emptied, cleaned, disinfected and new bags inserted.

4. Spot-Clean other Surfaces and Dust Horizontal Surfaces.

Spot-Cleaning: Smudges, marks or spots shall have been removed without causing unsightly discoloration. Wipe down high touch areas, such as, door handles, telephones, etc.

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Thorough Dusting: There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools. When inspected with a flashlight, there shall be few traces of dust on any surface.

Contractor is required to plunge any water closets that are clogged to the best of their abilities. Contractor must alert the City of any water closets still clogged after unsuccessfully trying to unclog said water closet.

B. Weekly:

Damp Mop and Spray Buff all Resilient Floors.

Damp Mopping and Spray Buffing: Floors shall be free of streaks, mop-strand marks and skipped areas. All walls, baseboards and other surfaces shall be free of splashing and markings from the equipment. The finished area should have a uniform luster.

Damp wiping the full surface area of all stall-partitions, doors, counter tops, shelves, and wastepaper receptacles utilizing a multipurpose germicidal cleaner without causing unsightly discoloration.

Damp Wiping: All dirt, dust, water stains, spots, streaks, and smudges shall be removed from the surfaces.

Prime and Treat Floor Drains: Prime and treat floor drains with an approved liquid enzyme treatment to reduce odors and gas smells.

C. Monthly:

Damp mop and wax all hard and resilient flooring in remaining room areas.

Damp Mopping and Waxing: Damp mop and wax all hard and resilient flooring.

The finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be free of residue.

Grout Lines: All grout lines shall be free of all stains and discoloration.

D. Quarterly:

Strip and apply four coats of floor finish to resilient floors.

Stripping: All old finish or wax shall have been removed. There shall be no evidence of gum, rust, burns or scuffmarks. There shall be no buildup in corners or crevices.

01005.0001/991788.1 A-3
Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from the equipment. Floors shall be free of streaks, mop strand marks and skipped areas.

2. ROOM CLEANING: Includes all office areas, file rooms, conference rooms, kitchens / lunchrooms, locker rooms, Council Chambers, lounges, and the corridor space adjacent to these areas.

A. Daily:

1. Empty wastebaskets and remove trash to designated disposal area. Clean washbasins and mirrors, as necessary; supply paper towels where dispensers are provided. Clean the areas used for the collection of solid wastes. Wash or steam clean all cans used for collection of food remnants, inside and out. No chemicals or cleaners shall be used without the prior written consent of the manager. (Note: Carts and containers used for the collection and/or storage of waste material shall be of noncombustible or flame resistant construction.)
Recyclable Waste Collection (blue carts): All recyclable waste disposed of in designated recycling bins throughout the buildings shall be collected and removed to an area designated by the City.

Kitchen/Lunch Rooms: Thoroughly germ-clean kitchen and lunchroom floors including tables, chairs and counter tops with approved disinfectant.

Solid Waste Collection: All solid waste generated in the building shall be collected and removed to area designated for trash by the City. Additionally, there is one trash receptacle located outside the City Hall, Library, Recreation Center and Aquatics Lobby’s that will need to be emptied and replaced with a clean liner daily.

Organic Waste Collection (green carts): Green carts are strategically placed throughout all facilities. These carts contain food waste, including food soiled paper, pizza boxes, and yard waste. Green carts must be kept separated from the solid waste carts , collected separately, and removed to the green 3-yard bins located at the David Fraijo Martinez Public Works Building (City Yard).

Porcelain Ware Cleaning: Washbasins shall be clean and bright; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture.

Damp Wiping Mirrors: Mirrors shall be clean and free of dirt, dust, streaks and spots.

01005.0001/991788.1 A-4

2. Clean interior of microwaves, sinks, ovens, stoves, refrigerators, and coffeepots.

3. Clean both sides of plate glass within the building:

Interior Glass Cleaning: Glass shall be clean and free of dirt, dust, streaks, watermarks, spots and grime and shall not be cloudy. Cleaners shall be nonabrasive and special care shall be taken so that glass treatments (tinting) shall not be scratched.

4. In office areas, file rooms, conference rooms, and lounge areas sweep floors, vacuum carpet and extend the sweep or vacuum to remove obvious dirt from around and under furniture. Remove gum from under desks and workstations.

Vacuuming: Carpet surfaces shall be free of obvious dirt, dust and other debris.

Note: For the purpose of this contract, whenever the term carpet or carpeting is used, it is intended to include wall-to-wall carpeting as well as room size rugs and area rugs.

Sweeping: Floor surfaces shall be free of obvious dirt or debris. Sweep with a chemically treated mop.

Dusting: Available horizontal surfaces shall be free of obvious dust. Dust all blinds.

Dust with a treated dust cloth all horizontal surfaces that are readily available and visibly require dusting.

5. Carpet Spotting: Excessive buildup spillages or crusted material shall have been removed along with spots, smears and stains. There shall be no evidence of fizzing caused by harsh rubbing or brushing. Cleaned areas shall blend with adjacent areas of carpeting. Spot cleaning shall be done according to manufacture recommendations.

6. Damp mop lounge areas, including kitchens, and spray buff.

Damp Mopping and Spray Buffing: Floors shall be free of streaks, mop strand marks and skipped areas. Walls, baseboards and other surfaces shall be free of splashings and markings from the equipment. The finished area shall have a uniform luster.

B. Weekly:

01005.0001/991788.1 A-5

1. In office areas, file rooms, libraries, conference rooms and lounge areas thoroughly dust horizontal surfaces of furniture and all wall surfaces within approximately 70 inches of the floor and vertical surfaces and under surfaces (knee wells, chair rungs, table legs, etc.). Clean glass desktops.

Vacuum all carpet.

Thorough Dusting: There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting cycle.

Damp Wiping (Glass Desk Top): Glass desktops shall be free of dirt, dust, streaks and spots.

Thorough Vacuuming: Carpets, including corners, shall be clean and free from dust balls, dirt and other debris; nap on carpets shall lie in one direction upon completion of the vacuuming task.

Sweep full floor area.

Thorough Sweeping: Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners, under furniture or behind doors.

2. Spot clean wall surfaces within approximately 70 inches of the floor.

Spot Cleaning: Smudges, marks or spots shall have been removed without causing unsightly discoloration.

3. Telephones: Germicide all telephones.

In office areas, file rooms, libraries and conference rooms. Damp wipe glass in interior office doors, partitions and bookcases.

C. Monthly:

Damp mop and wax all hard and resilient flooring in remaining room areas:

Damp Mopping and Waxing: Damp mop and wax all hard and resilient flooring.

The finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be free of residue.

Interior Glass Cleaning: See quality requirements outlined in room cleaning daily, Section 2.

D. Quarterly:

01005.0001/991788.1 A-6
Strip and apply four coats of floor finish to all flooring.

Stripping: All old finish or wax shall have been removed. There shall be no evidence of gum, rust burns or scuffmarks.

Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The finished area shall have a uniform luster.

E. Services to be Performed as Required to Maintain Quality Standards:

Wash, damp wipe, or provide plastic liners for wastebaskets to keep them in an acceptable condition.

Cleaning Wastebaskets: Wastebaskets shall be free of dust, debris and residue.

Plastic liners shall not be torn, worn or contain residue.

Wipe down and treat surfaces of wood paneling.

Cleaning Wood Paneling: Paneling shall be free of dirt, dust, steaks and spots.

3. MAIN ENTRANCES, MAIN LOBBIES AND MAIN CORRIDORS
A. Daily:

1. Sweep bare floors and vacuum carpeted floor areas. Disinfect and polish metal doorknobs, push bars, kick plates, railings and other metal surfaces; clean and polish wood handrails, doors and other wood surfaces; clean spots and marks off walls, dust all surfaces within approximately 70 inches from the floor.

Thorough Sweeping: Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners, under furniture or behind doors.

Thorough Vacuuming: Carpets shall be clean and free from dust balls, dirt and other debris; nap on carpets shall lie in one direction upon completion of the vacuuming task.

Metal Polishing: Metal surfaces shall be free of smears, stains and finger marks. They shall be clean and bright and polished to a uniform luster.

Wood Polishing: Wood surfaces shall be clean and free of smudges and residue.

Spot Cleaning: Smudges, marks or spots shall have been removed without causing unsightly discoloration.

01005.0001/991788.1 A-7
Thorough Dusting: There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools.

Telephones: Germicide public telephones.

2. Damp mop and spray buff all hard and resilient floors.

Damp Mopping and Spray Buffing: Floors shall be free of streaks, mop strands marks and skipped areas. Walls, baseboards and other surfaces shall be free of splashing and markings from the equipment. The finished area should have a uniform luster.

3. Clean both sides of entrance door glass and glass surrounding entrance doors within reach.

Glass Cleaning: All glass shall be clean and free of dirt, grime, dust, streaks, watermarks and spots and shall not be cloudy.

B. Monthly:

1. All grout lines shall be clean and free of stains and discoloration.

2. Wash the interior windows in these areas.

C. Quarterly:

1. Clean and polish all door thresholds.

Cleaning Thresholds: Thresholds shall be clean and free of oil, grease, dirt and grime.

Strip and apply four coats of floor finish to all hard and resilient floors.

Stripping: All old finish or wax shall have been removed. There shall be no evidence of gum, rust, burns or scuffmarks. Water solutions shall not be used on wood flooring.

Note: Additional coats of finish may be required between this frequency in order to meet the quality requirements identified in Main Entrances, daily Sec. 2.

Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop

01005.0001/991788.1 A-8
strand marks and skipped areas. The finished area shall have a uniform luster.

2. Wash the exterior windows in these areas.

4. DRINKING FOUNTAINS
A. Daily:

Clean drinking fountains and replenish paper cups, if applicable, where dispensers are provided.

Cleaning Drinking Fountains: The porcelain or stainless steel surfaces shall be clean and bright, and they shall be free of dust, spots, stains and streaks.

Drinking fountains shall be kept free of trash, ink, coffee grounds etc.

Metal Polishing: Metal surfaces shall have a polished and lustrous appearance.

5. STORAGE SPACE
A. Monthly:

Sweep the full floor area:

Thorough Sweeping: Floors shall be clean and free of trash and foreign matter.

No dirt shall be left in corners, under furniture, or behind doors.

6. INTERIOR WINDOWS AND GLASS
A. Monthly:

Wash interior building windows, including spandrel glass, glass over vestibule doors, and all plate glass around entrances, lobbies and vestibules.

Window Washing: Washed glass shall be clean and free of dirt, grime, streaks and excessive moisture and shall not be cloudy. Window sashes, sills, woodwork and other surroundings of interior glass shall be wiped free of drippings and other watermarks.

7. EXTERIOR WINDOWS
Exterior windows shall be cleaned during the following months:
• January
• April
• July

01005.0001/991788.1 A-9
• October

8. MINI AND VERTICAL BLINDS
A. ANNUALLY:

1. Remove from the building premises all mini and vertical blinds and wash.

Blinds shall be returned and hung within 3 working days. Clean tapes and cords.

Washing: Both sides of blind slats shall be clean and free of dust and water.

2. Dust or vacuum all blinds at a 3 month interval from washing cycle.

Dusting: Both sides of blind slats shall be free of dust.

9. HIGH CLEANING
A. Monthly:

Clean surfaces and objects in the building approximately 70 inches or more from the floor. This includes but is not limited to the wall and ceiling areas, ventilating and air conditioning outlets, transoms, clocks, ceiling moldings, tops of partitions, overhead pipes, wall fans, pictures, plaques, wall or ceiling diffusers, file cases, bookcases, lockers, etc. Damp wipe and dry high surfaces such as transoms, clock glass, picture frames and glass, smudged areas surrounding air grilles, diffusers, etc. Drapes shall be vacuumed in place.

High Cleaning: Surfaces shall be clean and free of dust. Where glass is present, both sides shall be clean and free of streaks.

10. MODULAR AND/OR SYSTEMS FURNITURE AND UPHOLSTERED FURNITURE A. Monthly:

Thoroughly vacuum to remove embedded dirt and dust.

Thorough Vacuuming: All modular systems and upholstered furniture shall be vacuumed completely to remove all dirt and dust.

Spot Cleaning: Check and spot clean all modular desks and upholstered furniture with approved cleaner. All spot cleaning shall be done according to manufacture recommendations.

11. CARPET SHAMPOOING REQUIREMENTS

01005.0001/991788.1 A-10
A. Weekly:

During the week, check and spot clean, corridors, lobbies, individual areas, conference rooms, and all other carpeted areas on the floors as needed. Spot clean as per manufacture recommendation.

B. Bi-Annually:

All Carpeted areas in the following City facilities will be shampooed following the manufacturers recommended procedures:
a. Library – 5050 N Irwindale Avenue
b. Senior Center – 16116 Arrow Highway
c. Dan Diaz Recreation Center – 16053 Calle de Paseo
C. Annually:

All Carpeted areas in the following City facilities will be shampooed following the manufacturers recommended procedures:
a. City Hall – 5050 N Irwindale Avenue
b. Council Chambers – 5050 N Irwindale Avenue
c. Police Department – 5050 N Irwindale Avenue
d. Public Works Services - 5463 2nd Street
e. Annex / Community Center – 16102 Arrow Highway
D. Upholstered Chairs: All upholstered chairs at the following facilities are to be shampooed every even year:
a. Council Chambers (inner and outer chairs)– 5050 N Irwindale Avenue
b. City Hall large conference room – 5050 N Irwindale Avenue c. Annex / Community Center Engineering conference room and Community Development conference room – 16102 Arrow Highway Carpet and Upholstered Shampooing: All carpets shall be clean, free of spots, spillages and removable stains. There shall be no evidence of fizzing caused by harsh rubbing or brushing.

Note: Furnishings moved during the carpet shampoo program will be replaced in their original position.

12. PARK FACILITIES
RESTROOMS (m & n)

01005.0001/991788.1 A-11
NOTE: CLEANING TOOLS USED IN RESTROOMS SHALL NOT BE
UTILIZED IN GENERAL OFFICE AND OTHER AREAS (i.e., rags, mops, sponges, gloves, etc.)
A. Weekends (Friday – Sunday and Holidays):

1. Sweep and wet mop or scrub floors utilizing a cleaner - disinfectant.

Sweeping, Wet Mopping Scrubbing: The floors shall be cleaned with a germicidal detergent solution and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean.

2. Clean and sanitize all fixtures including metal and chrome surface - water closets, urinals, washbasins, shower stalls, mirrors, waste receptacles, shelving, dispensers and wall surfaces, utilizing a germicidal detergent solution.

Fixture Cleaning: All fixtures and metal surfaces (washbasins, urinals, toilets, shower stalls, etc.) shall be cleaned with an approved germicidal detergent solution; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture.

3. Empty waste receptacles, service/supplies, paper towel, soap, toilet paper and seat cover dispensers. Empty, clean and disinfect sanitary napkin receptacles; replace soiled bags with new ones. Collect soiled bags in separate containers for disposal.

Servicing: All supplies shall be provided and waste receptacles shall be emptied and sanitary napkin dispensers’ emptied, cleaned, disinfected and new bags inserted.

4. Spot-Clean other Surfaces and Dust Horizontal Surfaces.

Spot-Cleaning: Smudges, marks or spots shall have been removed without causing unsightly discoloration.

Thorough Dusting: There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools. When inspected with a flashlight, there shall be few traces of dust on any surface.

5. Damp Mop and Spray Buff all Resilient Floors.

01005.0001/991788.1 A-12
Damp Mopping and Spray Buffing: Floors shall be free of streaks, mopstrand marks and skipped areas. All walls, baseboards and other surfaces shall be free of splashing and markings from the equipment.

The finished area should have a uniform luster.

Damp wipe the full surface area of all stall-partitions, doors, counter tops, shelves, and wastepaper receptacles utilizing a multipurpose germicidal cleaner.

Damp Wiping: All dirt, dust, water stains, spots, streaks, and smudges shall be removed from the surfaces.

Prime and Treat Floor Drains: Prime and treat floor drains with and approved liquid enzyme treatment to reduce odors and gas smells.

Contractor is required to plunge any water closets that are clogged to the best of their abilities. Contractor must alert the City of any water closets still clogged after unsuccessfully trying to unclog said water closet.

B. Monthly:

1. Damp mop and wax all hard and resilient flooring in remaining room areas.

Damp Mopping and Waxing: Damp mop and wax all hard and resilient flooring. The finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be free of residue.

Grout Lines: All grout lines shall be free of all stains and discoloration.

C. Quarterly:

1. Strip and apply four coats of floor finish to resilient floors.

Stripping: All old finish or wax shall have been removed. There shall be no evidence of gum, rust, burns or scuffmarks. There shall be no buildup in corners or crevices.

Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from the equipment. Floors shall be free of streaks, mop strand marks and skipped areas.

TRASH DISPOSAL (m - p)
A. Weekends (Friday – Sunday and Holidays)

01005.0001/991788.1 A-13

1. Empty trash cans/waste baskets throughout the park areas and replace with new trash bags. Remove trash to a designated disposal area. Keep organic waste (green carts) separate from solid waste. All organic waste must be disposed of in the green 3-yard bins at the David Fraijo Martinez Public Works Building (City Yard).
a. Irwindale Park – approximately 32 trash receptacles and 15 organic waste receptacles.
b. Jardin de Roca Skate Park – approximately 16 trash receptacles and 8 organic waste receptacles.
c. Little Park of Irwindale – approximately 3 trash receptacles and 1 organic waste receptacle.
d. El Nido Park – approximately 3 trash receptacles and 1 organic waste receptacle.

2. Walk around park and pick up any trash from the area including the floor, picnic tables, benches, and fountains.

PICNIC SHELTER (q)
A. Weekends (Friday – Sunday and Holidays)

1. Remove/empty trash bags from receptacle, replace trash bags, and remove trash to a designated disposal area. Keep organic waste (green carts) separate from solid waste. All organic waste must be disposed of in the green 3-yard bins at the David Fraijo Martinez Public Works Building (City Yard).

2. Wipe down tables, replace the paper in the towel dispenser, sweep and dispose of the charcoal and clean the BBQ. The charcoal from the BBQ will have to be disposed of in a metal can and taken to the David Fraijo Martinez Public Work Building (City Yard) for proper disposal.

13.MISCELLANEOUS REQUIREMENTS

1. Lights shall be used only in areas where and at the time when work is actually being performed.

2. Mechanical equipment controls for heating, ventilation, and air-conditioning systems will not be adjusted by the workers.

3. Water faucets or valves shall be turned off after the required usage has been accomplished.

4. Windows shall be closed and lights and fans turned off when not in use.

5. Organize and train employees to participate in building fire and civil defense drills.

01005.0001/991788.1 A-14

6. Report fires, hazardous conditions, and items in need of repair to the contracting officer's representative.

14.SPECIAL JOBS/REQUIREMENTS
Due to other than normal conditions, (types of occupancy, traffic flow, materials of construction, priority areas, unusual design features, etc.) the following requirements are designated as special jobs and become a part of this contract.

15. FLOORING SURFACE AREA
City Hall:

Carpet: 1,000 sq/ft.

Ceramic Tile: 350 sq/ft.

Vinyl Tile: 3,600 sq/ft.

Concrete: 300 sq/ft.

Council Chambers:

Carpet: 4,530 sq/ft.

Police Department:

Carpet: 2,816 sq/ft
Vinyl Tile: 1,195 sq/ft
Library:

Carpet: 2,465 sq/ft.

Vinyl Tile: 273 sq/ft.

Ceramic Tile: 122 sq/ft.

Dan Diaz Recreation Ctr:

Carpet: 400 sq/ft.

Ceramic Tile: 3,622 sq/ft.

Wood Floor: 7,521 sq/ft.

Laminate: 4,900 sq/ft.

Aquatics Center:

Ceramic Tile: 1,000 sq/ft.

Senior Center:

Vinyl Tile: 11,521 sq/ft.

Annex Offices/
Community Center:

Carpet: 4,570 sq/ft.

Ceramic Tile: 1,558 sq/ft.

Vinyl Tile: 1,500 sq/ft.

Mission:

Ceramic Tile: 1,993 sq/ft.

Irwindale Park
Ceramic Tile: 1,400 sq/ft.

Jardin de Roca Park
Ceramic Tile: 100 sq/ft.

Concrete: 60 sq/ft.

Little Park of Irwindale
Ceramic Tile: N/A
Concrete: N/A
Picnic Shelter
Concrete: N/A

01005.0001/991788.1 A-1

01005.0001/991788.1 A-1

01005.0001/991788.1 A-2

01005.0001/991788.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None

01005.0001/991788.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform the following tasks at the following rates:

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include:

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

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

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

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

IV. The total compensation for the Services shall not exceed $466,396.32 as provided in Section 2.1 of this Agreement.

V. Contractor’s billing rates for all facilities are attached as Exhibit “C-1”.

C-2
01005.0001/991788.1
Exhibit “C-1”

01005.0001/991788.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE

SERVICE SCHEDULE
The Contractor shall provide management, supervision, labor, materials, supplies, equipment and shall plan, schedule, coordinate, and assure effective performance of all janitorial services provided in accordance with the standards, frequencies and durations described herein.

The Contractor will be expected to commence all work immediately after approval of Agreement.

Submission and approval of all required documents (insurance certificates, employee listing, SDS sheets, performance/surety bond, etc.) are required prior to commencement of work.

1.1.1 Normal Service – Normal service shall be provided within the time frames specified. (See Attachment “A”, Building Specifications). Cleaning services may be performed on holidays at the Police Department and park restrooms. Current City holidays are:

Martin Luther King Jr Day Labor Day Christmas Eve ½Day
President’s Day Veterans’ Day Christmas Eve Day
Cesar Chavez Day Thanksgiving Day New Year’s Eve ½ Day
Memorial Day Day after Thanksgiving New Year’s Eve Day
Independence Day

1.1.2 100% Performance – This is a 100% performance contract, requiring cleaning services to be performed to the standards outlined in this document without regard to the materials and number of janitor hours needed. Failure to provide 100% service will result in:
• Notification of the deficiency:
• A requirement to remedy the situation immediately;
• Possible deductions from the monthly payment; and
• Possible termination of the contract.

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

Item #19.I.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the Purchase of an ADA Van
City Manager's Recommendation:

That the City Council adopt Resolution No. 2024-47-3524 entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), AUTHORIZING THE ISSUANCE OF A PURCHASE

ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF A 2024 FORD TRANSIT PASSENGER WAGON/ADA VAN FOR THE IRWINDALE SENIOR CENTER”
Administrative Action:

Prepared/Submitted by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

The Irwindale Senior Center is currently using a 2004 Ford Braun Transporter 8 Passenger - ADA Van, which is over 20 years old. This van is used to transport residents to and from doctor’s appointments, to get prescriptions, groceries, and individuals who can’t access the Irwindale Senior Center bus on field trips. This van keeps breaking down and the parts are becoming obsolete, which makes the repairs and maintenance very costly. Staff is requesting to replace the 2004 Ford Braun Transporter 8 Passenger/ADA Van with a 2024 Ford Transit Passenger Wagon (U5X) T-350 HD 148” EL High Roof XL DRW AWD, with a Mobility Works Wheelchair Uplift (ADA Van).

Irwindale Municipal Code Section 3.44.080 (E) states that the city council can dispense with bidding when cooperative purchasing, which provides an advantage of large-scale buying, may be obtained.

Due to the purchasing power of a large entity, such as Sourcewell, local governments receive substantial discounts on purchases that apply to these contracts. The selection of National Auto Fleet Group was made based on the quotes provided to staff and the award of contract 091521-NAF from Sourcewell on November 16, 2021, with an expiration date of November 8, 2025. For these reasons, waiving the formal bidding process is in the best interest of the city.

Upon approval by the City Council, a standard purchase agreement and purchase order will be prepared by the City’s Purchasing Office and signed by the City Manager in order to complete the purchase of this vehicle.

The existing vehicles will be placed on the City’s Surplus List, which will be presented to city council for approval upon disposition at another date per the City’s Property Transfer/Disposition of Surplus Equipment procedures.

Fiscal Impact:

The final cost for the purchase of this ADA van is $94,989. Fiscal Year 2023-2024 Adopted Budget includes $86,000 for this purchase utilizing ARPA Funds. The remaining $8,989 will be funded using the available current year's General Fund budget.

Attachments:

1. 6-26-2024 Purchase of ADA Van - QUOTE

2. 6-26-2024 Purchase of ADA Van - RESOLUTION(991206.1)

01005.0006/991206.1
RESOLUTION NO. 2024-47-3524

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING

THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E), AUTHORIZING THE ISSUANCE OF A PURCHASE

ORDER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF A 2024 FORD TRANSIT PASSENGER/ADA

WAGON FOR THE IRWINDALE SENIOR CENTER
WHEREAS, the Irwindale Senior Center currently has a 2004 Ford Braun Transporter 8 Passenger - ADA Van requiring extensive repairs and the parts are becoming obsolete due to the age of the vehicle; and
WHEREAS, staff is requesting to replace this vehicle with a similar model, a 2024 Ford Transit Passenger Wagon (U5X) T-350 HD 148” EL High Roof XL DRW AWD, with a Mobility Works Wheelchair Uplift (ADA Van); and
WHEREAS, Irwindale Municipal Code Section 3.44.080 (E) states that the city council may dispense with bidding when, “through cooperative purchasing with the state, the county, and other public agencies, the advantages of large-scale buying may be obtained”; and
WHEREAS, staff proposes to purchase the vehicle by a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3); and WHEREAS, education and government entities, as well as nonpublic schools and nonprofit organizations, may participate with Sourcewell as a participating agency for cooperative purchases; and
WHEREAS, the selection of National Auto Fleet Group was made based on its award of contract 091521-NAF from Sourcewell on November 16, 2021 and quotes obtained by staff; and
WHEREAS, the City Council now desires to dispense with formal bidding procedures pursuant to IMC section 3.44.080(E), authorize the issuance of a purchase order to, and execution of a purchase agreement with, National Auto Fleet Group for the purchase of an ADA vehicles.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.

SECTION 2. The City Council of the City of Irwindale hereby finds that a cooperative purchase through Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government (Minn. Const. art. XII, sec. 3), is

01005.0006/991206.1
authorized pursuant to Irwindale Municipal Code Section 3.44.080 (E) due to the advantage of large-scale buying, including substantial discounts on the purchase price that may be obtained.

SECTION 3. The City Council of the City of Irwindale hereby waives the formal bidding process for the purchase one (1) 2024 Ford Transit Passenger Wagon (U5X) T350 HD 148” EL High Roof XL DRW AWD, with a Mobility Works Wheelchair Uplift pursuant to Irwindale Municipal Code Section 3.44.080 (E) and authorizes the issuance of a purchase order for the same.

SECTION 4. The City Council of the City of Irwindale hereby authorizes the City Manager to enter into a purchase agreement with National Auto Fleet Group, in the amount of $94,989 for the purchase of one (1) vehicle. City staff are hereby authorized to take all reasonable steps necessary to carry out the intent of this Resolution.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 6. 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 26TH day of June 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0006/991206.1
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. 2024-47-3524 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 26th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Item #19.J.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 1 to Reimbursement Agreement with LIT Reliance II, LP (Clarion & Trammel Crow)
City Manager's Recommendation:

Approve Amendment No. 1 to the Reimbursement Agreement between the City of Irwindale and LIT Reliance II, LP for the City's consideration and processing of Reliance II Specific Plan development applications.

Administrative Action:

Prepared/Submitted by:

Kambiz Borhani, Finance Director / City Treasurer
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Clarion/Trammel Crow, dba LIT Reliance II, LLP ("LIT"), is the current owner of the ±92-acre former mining site. The Reliance II Landfill site was previously owned by Calmat Co., dba Vulcan Materials

Company, Western Division. The site is now named the Irwindale Business Park North. The property On August 9, 2017, the City Council approved a Reimbursement Agreement between the City and Vulcan Materials Company that included reimbursement for costs incurred by the City related to development, related agreements, and consultant and attorney fees. Vulcan partnered with the Trammel Crow Company to construct a business park on the site. On November 8, 2017, the City Council approved Resolution No. 2017-88-2896 for the Reliance II Specific Plan which was adopted via the Initiative process pursuant to Elections Code Section 9214(a). The site is subject to the development standards and processes in the Reliance II Specific Plan. On March 15, 2021, Vulcan conveyed the project site to LIT.

On October 12, 2022, the City and LIT entered into a reimbursement agreement, for purposes of processing applications and plans submitted by LIT for development in accordance with the Reliance II Specific Plan. Pursuant to the terms of the Reimbursement Agreement, LIT is required to be responsible for all direct and indirect City costs related to the Improvements and the Approvals for the Project.

Currently, both the owner and the developer have requested the creation of a Community Facilities District (CFD) to fund the public improvements associated with their land development project. In order to move forward with the creation of CFD, the City will be required to solicit the services of qualified consulting firms. Staff is recommending an Agreement with Willdan Financial Services.

Because CFD formation was not originally contemplated as part of the reimbursable costs associated with the Project, LIT has agreed to reimburse the City for all direct and indirect City, City Attorney, City staff, and consultant(s) costs related to the formation of a CFD or creation of any other funding mechanism to fund the public improvements associated with the project. The attached Amendment No. 1 to Reimbursement Agreement establishes responsibility of LIT to reimburse the City for all direct and indirect costs associated with the CFD or any other funding mechanism established.

Fiscal Impact:

There is no fiscal impact. LIT will reimburse the City for all costs incurred.

Attachments:

1. LIT Reliance II, LP -Amendment No. 1 to Reimbursement Agreement

01005.0018/988585.1
AMENDMENT NO. 1 to REIMBURSEMENT AGREEMENT
This Amendment No. 1 to Reimbursement Agreement (“Amendment No. 1”) is executed this day of _______________, 2024 (“Effective Date”), by and between the CITY OF IRWINDALE, a California municipal corporation (“City”), and LIT RELIANCE II, LP, a Delaware limited partnership (“Developer”). City and Developer may be referred to, individually or collectively, as “Party” or “Parties.”

1. RECITALS
WHEREAS, October 12, 2022, the Parties entered into a Reimbursement Agreement (“Agreement”), for purposes of processing applications and plans submitted by Developer for development in accordance with the Reliance II Specific Plan, including consultants to assist with the Project, Improvements, and the Approvals, as those terms are defined in the Agreement, which may or may not include an analysis and approval required under CEQA laws and regulations. The City has also utilized its own staff to oversee and coordinate the processing of such applications and plans, and the City Attorney for review and negotiation of documents related to the Project.

WHEREAS, pursuant to the terms of the Agreement, Developer is required to be responsible for all direct and indirect City costs related to the Improvements and the Approvals for the Project, and for Developer to deposit funds with City in advance to reimburse City for such costs, and to establish procedures therefor.

WHEREAS, Developer has submitted a request for the creation of a Community Facilities District (“CFD”) pursuant to the Mello Roos Community Facilities Act of 1982 (Government Code 53311 et. seq.) to fund the public improvements associated with the Reliance II Specific Plan. The original Project application submitted by developer and Agreement did not contemplate formation of a CFD as part of the reimbursable costs associated with the Project.

WHEREAS, the Parties desire to enter into this Amendment No. 1 to the Agreement for the purposes of Developer’s reimbursement to the City for all direct and indirect City costs related to the formation of the CFD.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (deletions shown in strikethrough and additions shown in bold italics).

A. Section 2 Developer Responsibility for City Costs is hereby amended to read in I its entirety as follows:

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 Improvements, inclusive of any City

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efforts to facilitate the review and approval of Improvements by other agencies such as Union Pacific Railroad, the Los Angeles Metropolitan Transportation Authority and the California Public Utilities Commission, as may be needed, and the processing of the Approvals which, depending on the nature of the Approvals, may or may not include an analysis and approval required 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, and permitting for the Improvements, and for the processing of the 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 planning, design, and permitting for the Improvements, and for the processing of the Approvals; 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 Improvements, the Project, and the Approvals, including, but not limited to, all direct and indirect City, City Attorney, City staff, and consultant costs related to the formation of a Community Facilities District or establishment of any other funding mechanism to fund the public improvements associated with the Project. City Costs will not include costs that have been incurred by the City prior to Developer’s acquisition of the Site on May 15, 2021. 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.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, 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. No Obligation to Approve Project. The Parties expressly re-affirm that this Amendment No. 1 shall in no way obligate the City to grant any Approvals or take any particular action related to an application for any Approvals, including the formation of a Community Facilities District.

4. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Developer 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.

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Dev represents and warrants to City that, as of the date of this Amendment No. 1, 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 No. 1, 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.

5. 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 No. 1.

6. Authority. The persons executing this Amendment No. 1 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 No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY:

CITY OF IRWINDALE, a California municipal corporation
By:_________________________________
Julian Miranda, City Manager
ATTEST:

By:

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

By: ____
Adrian Guerra, City Attorney

DEVELOPER:

LIT RELIANCE II, LP, a Delaware limited partnership
By:____________________________________
Name:

Title:

By:____________________________________
Name:

Title:

Two corporate officer signatures required when Developer 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. DEVELOPER’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 DEVELOPER’S BUSINESS ENTITY.

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Item #19.K.

Date: June 26, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award Willdan Financial Services Contract for Formation of Community Facilities District City Manager's Recommendation:

Approve Agreement with Willdan Financial Services for a not-to-exceed amount of $47,500; and authorize the City Manager to sign the Agreement, subject to final language approval of the City Attorney; and
Administrative Action:

Prepared/Submitted by:

Kambiz Borhani, Finance Director / City Treasurer
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

BACKGROUND
The City has two Assessment Districts (ADs) to cover the costs of certain maintenance and improvements. Initially, in 2001/2002, a Sewer and Street Lighting Maintenance District was created for

the 116-acre Irwindale Business Center to fund costs associated with street lighting and sewer maintenance of the said area in the City.

Although the creation and the management of ADs have generally been successful, they do not offer the flexibility needed to fund improvements as the property moves towards ultimate build-out. This is due to the fact that the City does not have the financial capacity to subsidize maintenance costs associated with future development, such as street maintenance, public parks, or other improvements within the City’s right of-way. However, Community Facilities Districts (CFDs) offer a similar methodology to taxing parcels, while allowing for a greater range of authorized improvements and services as the City enters into new Development Agreements.

Currently, the developer for the Reliance II land development project, Clarion/Trammell Crow Company, dba LIT, has requested the creation of a CFD to fund the public improvements associated with their land development project - Reliance II. The creation of a CFD is proposed by the Developer.

DISCUSSION
A CFD is a special tax district provided for in State Law that funds public improvements and ongoing services within an identified area. The Mello-Roos Community Facilities District Act of 1982 authorized local governments to create CFDs for the purpose of selling tax-exempt bonds to fund public improvements and collect revenues to pay for public improvements. Also authorized is the collection of revenue to fund services and maintenance associated with the new development (a CFD utilizing Government Code 53311-53368.3 for maintenance of facilities and services). Requirements for creating a CFD include several procedural actions by the City Council and affected property owners, such as an application, petition, Resolution of Intention including Rate and Method of Apportionment and Boundary Map, Resolution of Formation, property owner election, Public Hearing, and recordation of Notice of Special Tax. Prior to the formation of a CFD, it must be approved by a two-thirds majority of the qualified voters within the proposed district boundaries. As a general practice when forming a new funding mechanism associated with residential development that relies on a property assessment, the election regarding the imposition of an assessment is held before the property is subdivided, and lots are sold to individual homeowners. The additional applicable assessment rate is therefore disclosed to prospective owners by the developer/builder.

Although the City will seek City Council concurrence on the maintenance of improvements or services, the Mello-Roos Community Facilities Act of 1982 (Government Code 53311 et. seq.) can fund 100% of the cost of the following capital improvements:
• Street improvements
• Water, Sewer, Storm Drain improvements
• Parks, Libraries, Schools and other Public buildings
• Development Impact Fees for any of the above
Additionally, a CFD Special Tax can fund 100% of the maintenance cost of the following improvements and services:
• Police protection services
• Fire protection and suppression services
• Ambulance and paramedic services
• Recreation programs
• Libraries

• Schools
• Parks, parkways and open space maintenance
• Flood and storm protection services
• Street maintenance
In order to move forward with the creation of this CFD, the City will be required to solicit the services of qualified consulting firms. Staff is recommending an Agreement with Willdan Financial Services.

Willdan Financial Services (Willdan) has been providing public agencies with a comprehensive approach to special district consulting since their inception in 1988. The cost to form a CFD is approximately $45,000 to $60,000, depending on the size and complexity of the CFD. For the Reliance II project, Willdan has proposed a cost of $47,500 for cost engineering and CFD formation services.

The scope-of-work within the attached proposal outlines the tasks necessary for the preparation of the budget and costs associated with the maintenance of the improvements, special tax analysis, and preparation of required documents, including the Rate and Method of Apportionment of Special Tax (RMA) and CFD Report, and the completion of the procedural tasks necessary to execute the formation of the CFD.

All City incurred fees will be paid by the developer through a deposit collected by the City prior to initiating the development of the CFD, pursuant to Amendment No. 1 to the Project Reimbursement Agreement with LIT Reliance II, which is submitted to the City Council for separate consideration.

Irwindale Municipal Code (IMC) 3.44.020 Definition of “Services” exempts professional or other contractual services for which the procedure for procurement is specifically provided by law or approved city procedures or are in their nature unique and not subject to competition. The City has adopted a Purchasing Policy, which sets forth the procurement process for Professional Services. City staff have complied with Irwindale Purchasing Policy Section 5 Professional Consultant Selection requirements such that the contract is exempt from the centralized purchasing requirements of IMC Chapter 3.44, per IMC sections 3.44.060 and 3.44.080(D).

Fiscal Impact:

There is no fiscal impact to the City. All fees will be paid by the Developer, Clarion/Trammel Crow, dba LIT.

Attachments:

1. Exhibit A-1 to Contract

2. Professional Services Contract - Willdan CFD Formation