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 set forth in the “Schedule of Compensation,” attached hereto as Exhibit C and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Forty-five Thousand one-hundred sixty-eight Dollars and forty-four cents ($45,168.44) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Bid Documents and this Agreement. The Contract Sum shall be made in the form of progress payments subject to retention pursuant to Section 2.4.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed 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.
All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment.
(a) Payments Made by City. City shall independently review each invoice submitted by the 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, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice
shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
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.
2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention.
Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall complete the Project within ten (10) calendar days after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the 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 the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the 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 Final Acceptance.
Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.
As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.
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 on its behalf with respect to the work specified herein and make all decisions in connection therewith:
James Culwell ____________ President ________________
(Name) (Title)
Brett Bunger _____________ Civil Manager ____________
(Name) (Title)
Steven Culwell ___________ Electrical Manager ________
(Name) (Title)
The 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 Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, 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 Project Manager.
The Project Manager shall be the Project Manager for Construction Compliance or any other person as may be designated by the City’s Director of Public Services. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City’s Director of Public Services, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the 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 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. 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 the 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 the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.
If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
5.2 General Insurance Requirements.
(a) 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. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance and Payment Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section
2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds shall be on the applicable forms provided in Exhibit “D” and Exhibit “E” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds 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’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.
5.7 Release of Securities.
City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.
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, certified and accurate copies of payroll records in compliance with all applicable laws, 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 Project Manager 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 Project Manager 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 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of 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, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, 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, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
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 Project Manager 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 the Contractor will be at the 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 an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event 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 the City.
6.4 Confidentiality and Release of Information.
(a) 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 Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager 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 attorneys’ 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; DEFAULT, SUSPENSION 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 Eastern District of California, in the County of Los Angeles, State of California.
7.2 Default of Contractor.
Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.
7.4 Dispute Resolution Process.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra
work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.
A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
7.5 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.
7.6 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 different times, of any other rights or remedies for the same default or any other default by the other party.
7.7 Unfair Business Practices Claims.
Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the 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 Project Manager. 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 the 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 his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The 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, 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, 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 Provisions Required By Law.
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
9.2 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 the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Ave, Irwindale, California 91706 and in the case of the 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.
9.3 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.
9.4 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.5 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 of this Agreement shall be valid unless made in writing and approved by the 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.
9.6 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.
9.7 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 “noninterest” 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 _______
9.8 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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal
corporation
Julian A. Miranda, City Manager
ATTEST:
Laura M. Nieto, MMC, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrain Guerra, City Attorney
CONTRACTOR:
Metrocell Construction, Inc.
1166 Mildred Street, Ontario, CA 91761
By:
Name: James Culwell
Title: President
By:
Name:
Title:
Address:
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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF _______
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.
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.
EXHIBIT A
SCOPE OF WORK AND CONSTRUCTION PLANS
STREET LIGHT RELOCATIONS ON IRWINDALE ROAD; L-320
SCOPE OF WORK:
1- Remove and relocate six (6) streetlights to the satisfaction of Irwindale Public Services staff. City to provide missing streetlights.
2- Construct new footings for street lights – size 24” W x 30” D and bolts ¾ “by 30” L. 3- Install two (2) electrical junction boxes and extend conduit to new locations to the satisfaction of Irwindale Public Services staff.
4- Install concrete around new light locations (36” x 26”). 5- Install new 1” conduit run with underground marking tape. Install three (3) #10 AWG standard wires.
6- Remove sidewalk where existing streetlights were located and replace all sidewalk panels affected by project. Score line to score line.
7- Submit traffic control plans to the City for approval in conformance with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD). 8- Contractor shall have up to 10 working days to complete work.
CONSTRUCTION PLANS:
EXHIBIT B
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None
EXHIBIT C
SCHEDULE OF COMPENSATION
I. Contractor shall complete work for the Project in accordance with the following:
DESCRIPTION QUANTITY PRICE
Relocate Street six (6) Lights; new footings,
new electrical junction boxes, conduit and
wire, new sidewalk concrete
(see scope of services for full description)
Lump Sum $45,168.44
II. The City will compensate Contractor for work performed and expenses incurred toward completion of the Project upon submission of a valid invoice. In addition to what is required under Section 2.2 of the Agreement, each invoice is to include:
III. The total compensation for the Project shall not exceed $45,168.44 as provided in Section 2.1 of this Agreement.
EXHIBIT D
PERFORMANCE BOND
PROJECT NO. ________
We, _________, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Irwindale (“City”) for payment of the penal sum of __________ U.S. Dollars and ____ Cents ($_______). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.
Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.
Executed this day of _________, ____.
Seal of Corporation _____________
By:____________________________________
Authorized Representative of Principal
Title: _____________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]
_________________________ ____________________________________
Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
EXHIBIT E
PAYMENT BOND
PROJECT NO. ________
We, ______, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Irwindale (“City”) and those for whose benefit this bond insures in the sum of ______________ U.S. Dollars and ______ Cents ($________). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.
Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement. If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.
This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.
Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.
Executed this _____________ day of ___________, ______.
Seal of Corporation ______________
By:______________________________
Authorized Representative of Principal
Title: __________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) ________________
[name of surety]
_________________________ _____________________________ Name Street Number
_________________________ _____________________________ Street Number City and State
_________________________ _____________________________ City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.
Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.
Item #19.G.
Date: July 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Waive the Bidding Process for the Dan Diaz Recreation Center HVAC #4 Replacement City Manager's Recommendation:
That the City Council adopt Resolution No. 2024-53-3530, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF IRWINDALE FINDING AN EMERGENCY EXISTS, REQUIRING WAIVER OF
FORMAL BIDDING REQUIREMENTS AND APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ACCO ENGINEERED SYSTEMS FOR THE REPLACEMENT OF HVAC #4 AT THE DAN DIAZ RECREATION CENTER”
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 Dan Diaz Recreation Center HVAC Unit #4 is more than 30 years old and is now inoperable. Over the years, the City’s HVAC maintenance contractors have replaced many of its parts. The compressor, the heart of the HVAC system, was replaced almost a year ago and is now not functioning. This unit services the gymnasium, which is the central location of the building and where many activities take place.
The replacement of five (5) HVAC Units at the Dan Diaz Recreation Center is part of the City’s Fiscal Year 2024-2025 Capital Improvement Projects; however, the time frame to go out to bid is four (4) months out and another seven (7) months to order and receive the 12.5 ton Carrier Units.
The Dan Diaz Recreation Center (DDRC) provides critical services to our tots, children, teens and seniors, which includes Summer Tots, Summer Kidzone, Teen Club, and Senior Center Morning Exercise Classes. When the temperatures are too high for Summer Tots and Kidzone to use the outdoor playground, they use the gymnasium to play. All the Senior Center Morning Exercise Classes take place in the gymnasium including Line Dancing, Zumba Gold, and Walking Club.
California is experiencing extreme heat with temperatures set to exceed triple digits, and the state has issued an extreme heat advisory. Governor Newsom has directed the Office of Emergency Services to activate its State Operations Center and move into Phase II of its Extreme Temperature Response Plan in order to coordinate community outreach and ensure that members of the community have access to cooling centers. The DDRC is also the City’s Emergency Evacuation Center. With the temperatures continuing to rise for the summer season, it is imperative that this HVAC Unit is replaced immediately.
Public Contract Code section 20168 states that in the case of an emergency, the legislative body may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with formal bidding requirements for public projects.
In the case of an emergency, the governing body may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts, pursuant to Public Contract Code section 22050.
It is in the best interest of the City to find that sufficient evidence exists to support an emergency and dispense with bidding to allow for the immediate purchase and installation of this unit by the City’s current HVAC Maintenance Contractor so the City can continue to provide a safe and cool place for the community, including tots, children, teens, and seniors to play and exercise during the summer season.
Fiscal Impact:
Sufficient funding is available in the Fiscal Year 2024/2025 Budget under CIP Account Number 48-80- 800-45200-8228.
Attachments:
1. 7-10-2024 Dan Diaz Recreation Center HVAC #4 Replacement - PROPOSAL
2. 7-10-2024 Dan Diaz Recreation Center HVAC #4 Replacement - EMERGENCY RESOLUTION(996337.1)
Proposal Name: Recreation Center – AC-4 Packaged Gas Unit Replacement (12.5 - Ton) Date: 7/1/2024
Provider: Customer:
ACCO Engineered Systems City of Irwindale
265 McCormick Ave. 5050 N. Irwindale Ave.
Costa Mesa, CA 92626 Irwindale, CA 91706
Contact Name: Richard Corpis
Contact Number: (626) 430-2253
Email: [email protected]
Work Site Location Name: Recreation Center
Work Site Address: 16053 Calle de Paseo, Irwindale, CA 91706 US ACCO Engineered Systems is pleased to have this opportunity to offer our proposal for the replacement of one (1) existing 12.5- Ton Carrier Package Unit with a new 12.5- Ton Daikin G/E Package unit. The existing 12.5-ton Carrier package unit is at the end of its life and has not been operating for some time now. ACCO Engineered Systems is to provide all labor and materials required for replacing the existing unit with a new Daikin unit. ACCO Engineered Systems will also provide all mechanical, seismic and structural engineering services required for the development of a formal construction plan set submittal to the City of Irwindale for review and permit approval.
ACCO Engineered Systems will look to provide a construction schedule around the lead times provided by the equipment supplier. Actual schedule to be determined at a later date. Scope details below:
Related Equipment:
• Carrier Packaged Rooftop Unit (AC-4) – Model # 48TJD014---511GA; Serial # 2395G30222
ACCO ENGINEERED SYSTEMS PROPOSED SCOPE OF WORK
Included in this Proposal:
- Structural & Mechanical Engineering Services
- Seismic Analysis & Attachment Details
- Development of Plan Set Construction Drawings
- One (1) 12.5-Ton Daikin Gas/Electric Package Unit
- Equipment Pad
- Final Equipment Selections
- Field labor – ACCO Sheet Metal, Rigging and Retrofit Labor - Electrical Disconnect
- Crane Rental
- Flatbed Rental for Equipment Disposal
- One (1) Year Manufacture Parts Warranty
- One (1) Year Workmanship Warranty
- City of Irwindale City Plan Check Review
- City of Irwindale Permit Procurement
- City of Irwindale Plan Check Fees & Permits
Proposed Scope of Work:
1. Engineering & Permits (Applicable to all options provided):
a. Provide mechanical & structural engineering, seismic calculations and construction plans as required by law; Engineering includes the following:
i. Site survey of existing conditions
ii. Equipment selection
iii. Existing CAD background drawings with new CAD layout of new equipment and piping
1. Customer to provide existing CAD drawings upon contract execution iv. Construction plans and documents to include, but not limited to the following:
1. Cover Sheet, HVAC Legend, Drawing Schedule
2. Mechanical Equipment Schedules
3. Mechanical Title 24 Compliance Page
4. Mechanical Roof Demo Plan
5. Mechanical Roof – New Mechanical Plan
6. Mechanical Details
7. Structural - General Notes Page
8. Structural Section
9. Structural Attachment Details
10. Structural Specifications
v. Title 24 Compliance
vi. Seismic Calculations
vii. Structural Analysis – includes vertical and lateral analysis for unit attachment and roof verification
viii. As-built drawings
b. Submit project plans to the City of Irwindale for plan check c. Plan Check Responses (as required)
d. Procure required permits from the City of Irwindale
2. Scope of work to Install One (1) Daikin 12.5 -Ton Package Unit:
1. Procure and pick up required material & equipment prior to arrival
2. Check in with facilities personnel upon arrival
3. Properly lock out /tag out electrical power to existing 12.5-ton Carrier package unit (AC-4)
4. Disconnect system electrical circuitry at unit
5. Safe off existing gas line (ACCO assumes the existing gas valve will hold; additional charges may apply if found to be compromised)
6. Disconnect and remove existing gas line connection at unit
7. Disconnect and remove low voltage controls
8. Disconnect and remove condensate line from existing unit
9. Disconnect existing supply & return duct from existing packaged rooftop unit
10. Disconnect and demo existing packaged rooftop unit from existing equipment pad cover and prepare for rigging
11. Demo and remove existing Carrier 12.5-ton package unit, isolation springs, pad cover,
12. Provide crane services for demo & removal of one (1) existing Carrier package unit; properly dispose as required
13. Disconnect and demo existing thermostat
14. Demo and remove existing equipment pad cover
15. Provide and install one (1) new equipment pad cover (ACCO sheet metal team will fabricate new equipment pad)
16. Provide crane rental for rigging of one (1) new 12.5-ton Daikin packaged unit with economizer
17. Modify existing supply/return ductwork as required; Provide transitions in order to connect new unit with existing duct
18. Secure and mount new Daikin package unit to equipment pad using structural attachments (Structural attachments to be provided by ACCO)
19. Provide and install one (1) new economizer
20. Provide and install one (1) new disconnect for new rooftop unit
21. Connect existing power to unit
22. Provide and install one (1) new programmable t-stat
23. Connect existing condensate line to new Daikin Package unit (make modifications as needed)
24. Connect existing gas line to unit (Make any modifications as needed)
25. Restore system power
26. Clean up work area before departure
27. All work to be performed during regular business hours
3. Start-up, Testing & System Training:
a. Provide pre-startup sheets of one (1) new Daikin Package Unit b. Equipment Start-up
c. Provide project close out documents
i. Project plans
ii. As-Built drawings
iii. Warranty Letter
iv. IOM manual
v. Final Equipment Submittals
Notes & Clarifications:
o This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without the prior written consent of ACCO Engineered Systems o ACCO Engineered Systems requires proper personal protective equipment and safety standards to be followed and executed at all times
o ACCO Engineered Systems assumes area to be provided for parking and staging of job materials, including respective sub-contractors
o All recommendations for repair will be proposed independent of this contract o Union labor rates apply
o Prevailing Wages apply
o Certified Payroll is included
o ACCO has priced this work based on a plan to complete all activities in a contiguous fashion. Scheduled activities will be communicated in advance with the customer to reduce any lapse in progress. While minor variations in the schedule will be tolerated, significant lapses will need to be negotiated for cost and resource impacts
o ACCO will provide all necessary insurance requirements and documentation prior to performing work o ACCO will provide a detailed schedule of construction upon contract award and approval o ACCO will clean up all work areas and return to proper form upon completion of work o Repair or replacement of existing systems outside this scope of work is excluded Preliminary Project Schedule:
Approximate Duration – 2 - 3 Months
The project plan in general will be as follows:
1. Site survey and review (by ACCO Engineering)
2. Develop design plans and equipment list (by ACCO Engineering)
3. Develop shop drawings and Bill of Materials (by ACCO Engineering)
4. Submit Plan Set Shop Drawings to City of Irwindale for Review (by ACCO)
5. Procure new HVAC Equipment as required (Lead Time – 4-7 weeks at the time of proposal release)
6. Detail ducting
7. Install of equipment
8. Close out documentation
Equipment Options:
See provided submittal page on other page. Model number of unit in submittal is subject to change.
Exclusions from Contract:
o Plan check fees
o Permit fees
o Network Communication Cable, 24V power and control wiring & conduit o After hours, Weekend or Holiday Labor
o Asbestos abatement or work in contaminated areas
o Repair or replacement to existing mechanical systems other than stated above o Low voltage integration
o VFD Repair/Replacement
o Roof and/or roof repair
o Coring/Penetrations/Patching/Painting of any kind
o Any/all work relating to Fire & Life Safety, including fire devices, smoke detectors, monitoring relays, etc.
o BMS programming
o Duct work outside of modifications to inlet of return and supply ducts o Electrical power upgrades
o Certified TAB
o Any and all other work not specifically stated above
Pricing Summary:
Deliverable Description Deliverable Price
ACCO Journeyman/Sheet Metal Labor - Straight Time $8,580.00 U.S. Dollars ACCO Engineering Services- Straight Time (New plan set of unit) $4,827.00 U.S. Dollars Vibrex Subcontract (Seismic Engineering with Stamped Approval of Civil Engineer)
$4,905.00 U.S. Dollars
Plump Engineering (Structural Engineering) $5,147.00 U.S. Dollars One (1) 12.5-Ton Daikin Packaged Unit $22,377.00 U.S. Dollars One (1) Electrical Disconnect $500.00 U.S. Dollars
Crane Subcontract $1,650.00 U.S. Dollars
Misc. Materials – (Consumables, T-stat, Drain Piping, Sheet Metal, Equipment PadEtc.)
$950.00 U.S. Dollars
Total Price = $48,936.00 U.S. Dollars
Sales Tax will be invoiced separately Use Tax is included in the price Tax exempt Terms of Payment, unless modified above: 40% down payment for equipment mobilization with the balance due upon progression of work completed and the receipt of invoice.
This proposal is valid for 30 days, from the date of this agreement. If not executed by this date, the contractor shall have the right to submit revised pricing.
Proposal Submitted By:
Name: Ricky Thomas
Title: Project Manager
Direct: (949) 426-5156
Email: [email protected]
PROVIDER: ACCO ENGINEERED SYSTEMS CUSTOMER: CITY OF IRWINDALE Signature: ________________________ Signature: ________________________ Name: ________________________ Name: ________________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________
GENERAL TERMS AND CONDITIONS
1. All work shall be performed during normal working hours unless otherwise stated herein.
2. ACCO Engineered Systems agrees to maintain in full force and effect a Workmen’s Compensation Insurance policy and a Comprehensive Liability Insurance policy in substantial amounts to protect all parties to this agreement, furnishing certificates of insurance, if required by Buyer.
3. Buyer shall prepare the premises to permit free movement and erection of materials, providing necessary openings, supports, cutting, patching, necessary public utility and steam services, and pay all fees in accordance with codes and ordinances unless otherwise indicated in this Bid Contract.
4. In the event that the Seller encounters any asbestos product or Hazardous material in the course of performing its work, the Seller shall have the right to immediately discontinue its work and remove its employees from the project, or that portion of the project wherein such product or materials were encountered, until such time as any hazards connected therewith are abated, encapsulated or removed and/or it is determined that no hazard exists; further, Seller shall receive an extension of time to complete its work and compensation for delays encountered and compensation for any change in the sequence of method or its work occasioned as a consequence of said encounter. "Hazardous Material" are substances or chemicals that pose a health hazard, a physical hazard, or harm to the environment and defined and regulated by the U.S. Environmental Protection Agency (EPA), U.S. Occupational Safety and Health Administration (OSHA), U.S. Department of Transportation (DOT), and U.S. Nuclear Regulatory Commission (NRC).
5. Seller transfers manufacturer's standard warranties on all new equipment, misuse or abuse excepted, for a period not to exceed one year from date of first beneficial use, which shall be defined as the Start-up Date. Seller warrants Seller provided materials, parts and labor for a period of ninety (90) days from the date of first beneficial use. There are no warranties, expressed or implied, other than the above unless so noted herein.
6. Seller shall not be liable for any consequential damages including, but not limited to, liquidated damages, loss of rent, interest expense, extended overhead or any other delay damages of any kind, nature or description. It is expressly understood and agreed that the only liability of Seller is to replace defective workmanship or material as herein above set forth
7. Seller will not replace any refrigerant loss caused by defects in the equipment, material, parts, or workmanship furnished under this contract. Replacement of refrigerant due to failure or defects of items furnished by Seller is not included as a part of this agreement.
8. Seller shall not be liable for the corrosive or erosive action of liquids and/or gases upon the equipment specified and no part of such equipment shall be deemed defective by reason of its failure to resist physical or chemical action of such elements or items upon such equipment.
9. This agreement shall not be binding until duly accepted by Seller. This agreement constitutes the entire agreement between the parties and supersedes and revokes any previous agreement, written or oral, with respect to the labor and equipment covered hereby and may not be amended or modified except in writing executed by the parties hereto.
10. Under no circumstances shall the liability of Seller arising out of the sale or erection of the equipment hereunder, or arising out of its use, whether on warranties or otherwise, in any case exceed the lesser of the following: (a) Cost of correcting defects in the equipment or workmanship; or (b) the difference in value between the installation as installed and the cost of the original installation thereof, if installed strictly as in the contract documents set forth. And in no event shall any claims be made by either party against the other for consequential damages.
11. The Seller shall not be bound by any plan(s) and specification(s) or condition(s), existing or otherwise, that has not been incorporated into this agreement by specific reference or attached to this agreement, nor shall the Seller be bound by any city ordinances, State laws or other governmental regulations not in effect at the time of submitting this bid, or which had become obsolete and which no longer was enforced by such public body enacting the same.
12. Seller shall be excused for any delay in completion of this agreement caused by acts of God, including but not limited to, wind, rain, flood, storm, landslide, subsidence and earthquake; pandemic; acts of neglect of owner or architect or by any employee or agent of either; acts of neglect of separate contractors employed by owner; acts of public utilities or governmental or public bodies or their agents; material shortages; labor trouble, labor slowdowns; strikes; union activity causing a reduction in productivity; fire; casualty; delay in transportation; changes ordered in the work; failure of Buyer to make payments to Seller as required under this agreement, or other causes beyond the reasonable control of Seller, any of which shall automatically entitle Seller to reasonable or necessary extensions of the completion date of the work and to an equitable adjustment of the agreement price to compensate Seller for all costs and expenses of additional labor, service, equipment or material and extended overhead resulting from any such delay.
13. If any of the materials specified are not readily available, the Seller may substitute equally efficient materials or fixtures of generally similar character in lieu of the equipment, materials or fixtures specified, and it shall allow any differential between the original cost of the materials specified and the materials furnished.
14. In the event of inability to obtain labor at union scale or without paying a premium above such scale, Seller may delay performance until same shall be obtainable without premium payment or at the option of the Buyer the latter may require the use of materials or labor requiring the payment of such excess cost, but upon condition that the Buyer shall pay such excess.
15. No additional work will be performed unless it is authorized in writing by the Buyer. If the Buyer refuses to sign a written work authorization or change order for the extra work, Seller reserves the right to refuse to perform the extra work.
16. Should either party hereto bring suit in court to enforce the terms hereof, any judgment awarded shall include court costs and reasonable attorney’s fees to the successful party.
17. Seller assumes no responsibility for the design on those jobs where Seller prepares working or shop drawings from designs furnished by others. Seller assumes no responsibility whatsoever for design or operative end result under any contract unless there is affirmatively stated on the obverse side of this Bid Contract, a direct undertaking on Seller’s part so to do.
18. Seller may suspend further performance under this Bid Contract upon three (3) days written notice to the Buyer in the event the Buyer is in breach of this Bid Contract for breach other than non-payment. Notice need not be given if work is suspended due to non-payment or due to the failure of the Buyer to pay for change orders as provided herein. In the event Seller elects to suspend performance, Seller shall be entitled to remobilization costs, including profit and overhead, upon the Buyer bringing payments current or issuing proper change orders for extra work. Such costs will equal actual losses sustained by Seller in terminating and restarting work.
19. This agreement is entered into upon the understanding that in the prosecution of any work herein specified Seller will be allowed sufficient time for the performance of said work on the basis of a normal eight-hour day, and in the event that Buyer or any subcontractor require Seller to perform such labor on an overtime basis, then such additional expense of every kind and character as Seller may be required to incur on account of said overtime labor, shall constitute an additional charge herein.
20. Unless expressly provided in this agreement Buyer shall provide, as needed and without cost to Seller, proper hoisting conveyances and scaffolding (including the use of engineer) at times so as to not delay Seller’s part of the work under this agreement.
21. Any loss or damage to Seller’s work, materials or equipment occurring at the site of the project occasioned by fire, flood, earthquake, windstorm, riot or civil commotion shall be protected by Buyer purchased insurance, without contribution by Seller's insurance, and Seller shall receive payment of loss under any such policy or policies.
22. Seller shall not be liable for the cost of correcting defects arising from or caused by the acts or omissions of employees of or other contractors, of customer or owner of the project or building. Before Seller proceeds with any corrective work to repair such damage, Buyer shall give Seller an unqualified instruction to proceed with the work and such work shall be performed at an additional cost paid by Buyer.ACCO Engineered Systems shall assume the defense and indemnify and save harmless the Buyer, its officers and employees, from any and all claims, loss, damage, injury and liability of every kind, nature and description, directly arising from ACCO Engineered Systems’ active negligence and/or intentional conduct.
23. Seller expressly reserves the right to assign all or any portion of its rights and/or duties under this Bid Contract with or without notice to the Buyer herein.
24. In the event of a conflict between the terms and conditions of this agreement and terms and conditions stated in plans and/or specifications attached to or incorporated into this agreement, the terms of this agreement shall govern.
25. If, in Seller’s reasonable opinion, Buyer’s credit becomes impaired, Seller may, at its option, suspend work and deliveries under this agreement until it has received full payment for services rendered and security for future payment of uncompleted work under this agreement. If Buyer fails or refuses to make such payment and give security as required herein, then Seller shall have the right to terminate this agreement. Until such time as Buyer has made payment and provided acceptable security required herein, any delay or suspension of the work under this agreement resulting therefrom shall extend the time of performance of Seller under this agreement. If legal action is filed to effect collection of any sums due hereunder, Seller shall be entitled to reasonable attorney fees in addition to all other damages found to be due hereunder.
01005.0006/996337.1
RESOLUTION NO. 2024-53-3530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE FINDING
AN EMERGENCY EXISTS, REQUIRING WAIVER OF FORMAL BIDDING
REQUIREMENTS AND APPROVING AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH ACCO ENGINEERED SYSTEMS FOR THE REPLACEMENT OF HVAC #4 AT
THE DAN DIAZ RECREATION CENTER
WHEREAS, the Dan Diaz Recreation Center HVAC Unit #4 (HVAC Unit #4) is more than 30 years old and is now inoperable; and
WHEREAS, over the years, the City’s HVAC maintenance contractors have replaced many of its parts including most recently the compressor, which is no longer functioning; and
WHEREAS, HVAC Unit #4 services the gymnasium, which is the central location of the building and where many activities take place; and WHEREAS, HVAC Unit #4 is part of the Dan Diaz Recreation Center HVAC Replacement Project under the City’s Fiscal Year 2024-2025 Capital Improvement Projects; however, the time frame to go out to bid is four (4) months out and another seven (7) months to order and receive the 12.5 ton Carrier Units; and WHEREAS, the Dan Diaz Recreation Center (DDRC) provides critical services to the City’s community, including tots, children, teens and seniors, which includes Summer Tots, Summer Kidzone, Teen Club, and Senior Center Morning Exercise Classes; and WHEREAS, the DDRC is also the City’s Emergency Evacuation Center; and WHEREAS, California is experiencing extreme heat with temperatures set to exceed triple digits, and the state has issued an extreme heat advisory. Governor Newsom has directed the Office of Emergency Services to activate its State Operations Center and move into Phase II of its Extreme Temperature Response Plan in order to coordinate community outreach and ensure that members of the community have access to cooling centers. With the temperatures continuing to rise for the summer season, it is imperative that this HVAC Unit # 4 is replaced immediately; and
WHEREAS, Public Contract Code section 20168 states that in the case of an emergency, the legislative body may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with formal bidding requirements for public projects; and
WHEREAS, in the case of an emergency, the governing body may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those
01005.0006/996337.1
purposes, without giving notice for bids to let contracts, pursuant to Public Contract Code section 22050; and
WHEREAS, it is in the best interest of the City to dispense with bidding to allow for the immediate purchase and installation of this unit by the City’s current HVAC Maintenance Contractor so the City can continue to provide a safe and cool place for the community, including tots, children, teens, and seniors to play and exercise during the summer season; and
WHEREAS, the City Council now desires to find that an emergency exists demanding the immediate expenditure of City funds, and dispense with formal bidding procedures pursuant to Public Contract Code sections 20168 and 22050 and approve and authorize the City Manager to enter into an agreement with ACCO Engineered Systems to purchase and install one (1) Daikin Packaged 12.5 Ton Unit and all other required mechanical and electrical work at the DDRC.
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 the HVAC #4 at the Dan Diaz Recreation Center is inoperable, and in immediate need of replacement. The Dan Diaz Recreation Center provides critical services to the Community, and serves as the City’s Emergency Evacuation Center. The City is experiencing extreme heat with temperatures set to exceed triple digits, and the state has issued an extreme heat advisory for all of California.
SECTION 3. The City Council hereby finds, based on substantial evidence in the record, including information from Staff, the public, the Staff Report and all attachments thereto, that an emergency exists that will not permit a delay resulting from competitive solicitation of bids because the bidding process will delay repair of HVAC #4 by approximately 11 months. In order to safeguard the life and health of the community from the dangers of extreme heat, and to safeguard the City’s property, the public interest and necessity demand that the city waive the bidding process for the immediate purchase and installation of one (1) Daikin Packaged 12.5 Ton Unit for the Dan Diaz Recreation Center.
The City Council further finds that this action is necessary in order to continue to provide critical services to the community via the Dan Diaz Recreation Center.
SECTION 4. The City Council of the City of Irwindale hereby waives the formal bidding process for the purchase and installation of one (1) Daikin Packaged 12.5 Ton Unit and all other required mechanical and electrical work pursuant to Public Contract Code sections 20168 and 22050and authorizes the issuance of a purchase order for the same.
01005.0006/996337.1
SECTION 6. The City Council of the City of Irwindale hereby authorizes the City Manager to enter into an agreement with ACCO Engineered Systems, in the amount of $48,936 for the purchase and installation of one (1) Daikin Packaged 12.5 Ton Unit and all other required mechanical and electrical work. The City Manager is hereby authorized to take any action necessary to ensure the operation of the Dan Diaz recreation center, pursuant to Public Contract Code section 22050(a)(1).
SECTION 7. Pursuant to Public Contract Code section 22050(c), the City Council shall review this action and any actions taken by the City Manager at its next regularly scheduled meeting and at every regular meeting thereafter to determine by four-fifths vote if there is a need to continue emergency action, unless this action is terminated by the City Manager in accordance with Public Contract Code section 22050(c)(2). If this action is not terminated by the City Manager, the City Council shall terminate this emergency action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
SECTION 8. 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 9. 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 10TH day of July 2024. _______________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
01005.0006/996337.1
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. 2024-53-3530 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 10th day of July 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #19.H.
Date: July 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Resolutions Relating to Compensation for City Employees and Approval of New Job Classifications and Associated Job Specifications
City Manager's Recommendation:
1. Adopt Resolution No. 2024-46-3523 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF IRWINDALE APPROVING NEW JOB CLASSIFICATIONS AND ASSOCIATED JOB SPECIFICATIONS"; and
2. Adopt Resolution No. 2024-45-3522 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2024-02-3479, AND
ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES, AND COMPENSATION FOR CITY EMPLOYEES."
Administrative Action:
Submitted by:
Julian A. Miranda, City Manager
Prepared by:
Mary Hull, Human Resources/Risk Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Article VIII, Section 803 of the City Charter authorizes the City Council to establish, by resolution, a classification plan, salaries, and other forms of compensation for all City employees. Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in City employment be fixed and established by resolution of the City Council.
Classification Resolution No. 2024-46-3523
Through the adoption of Ordinance No. 779, which adopted the FY 2024-25 Budget, the City Council approved various personnel adjustments, including the approval of a new Communications and Records Supervisor and Police Administrative Clerk job classifications. Accordingly, staff recommends approval of Resolution No. 2024-46-3523, which approves and adopts the new Communications and Records Supervisor and Police Administrative Clerk job classifications and associated job specifications.
The City met and conferred with representatives of the Irwindale Management Employees Association (IMEA) and Irwindale City Employees Association (ICEA) regarding the new classifications, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.).
Compensation Resolution No. 2024-45-3522
The City's Compensation Resolution is updated periodically as a result of personnel adjustments and/or compensation adjustments. It sets forth the authorized number of employees along with titles and compensation levels for unclassified management positions, unaffiliated and/or unrepresented unclassified at-will part-time positions, and full-time represented positions. It was most recently updated on January 10, 2024, through the City Council's adoption of Resolution No. 2024-02-3479.
The salary range schedule incorporated in proposed Resolution No. 2024-45-3522 reflects the following personnel adjustments approved through the adoption of Ordinance 779, which adopted the FY-2024-25 Budget:
1. Defund one (1) represented, classified full-time Assistant City Engineer position.
2. Defund one (1) represented, classified full-time Planning Technician position.
3. Fund one (1) represented, classified full-time Management Analyst position.
4. Fund one (1) represented, classified full-time Maintenance Lead Worker position.
5. Fund one (1) represented, classified, full-time Assistant Planner position.
6. Fund one (1) represented, classified full-time Assistant Engineer position.
7. Fund one (1) represented, classified full-time Communications and Records Supervisor position.
8. Fund one (1) represented, classified full-time Police Administrative Clerk position.
9. Fund one (1) at-will, unrepresented, unclassified permanent part-time Senior Center Aide Position.
This Resolution meets the requirements for a publicly available pay schedule as required by CalPERS (2 C.C.R. §570.5.)
Fiscal Impact:
The amount allocated in the Fiscal Year 2024-2025 Adopted Budget for the Planning Technician position, including salary and benefits, is $100,899. The adoption of Resolution No. 2024-45-3522 authorizes the Finance Director to amend the Fiscal Year 2024-2025 Adopted Budget to defund the Planning Technician position. All remaining positions being funded or defunded, along with their respective adjustments, are included in the Fiscal Year 2024-2025 Adopted Budget. No additional funding is requested.
Attachments:
1. Classification Resolution No. 2024-46-3523
2. Compensation Resolution No. 2024-45-3522
Resolution No. 2024-46-3523
RESOLUTION NO. 2024-46-3523
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
APPROVING NEW JOB CLASSIFICATIONS AND
ASSOCIATED JOB SPECIFICATIONS
WHEREAS, Article VIII, Section 800 of the City Charter authorizes the City Council to designate miscellaneous and safety employee positions from time to time; and WHEREAS, Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in City employment be fixed and established by resolution of the City Council; and WHEREAS, Section 2.05 of the City of Irwindale Personnel Rules, as adopted by the City Council in Resolution No. 2022-36-3286 on April 27, 2022, states that the Personnel Officer shall determine the duties and responsibilities of all City positions for inclusion in a Classification Plan, which shall be adopted by the City Council; and
WHEREAS, on January 10, 2024, the City Council adopted Resolution No. 2024-02-3479 establishing the number of positions, schedule of classes, compensation, and benefits for City employees; and
WHEREAS, the City desires to add a two new job classifications with associated job specifications; and
WHEREAS, the City has met and conferred with the representatives of the Irwindale Management Employees Association (IMEA) and Irwindale Municipal Employees Association (ICEA) regarding the proposed actions herein, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code § 3500 et seq.); and
WHEREAS, concurrently herewith, the City intends to adopt Resolution No. 2024-45-3522 to replace 2024-02-3479 establishing the number of positions, schedule of classes, and compensation, for all City employees.
NOW, THEREFORE, the City Council of the City of Irwindale hereby resolves, determines and orders as follows:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated by this reference.
SECTION 2. Personnel Job Classifications and Associated Job Specifications Ordered Approved and Adopted.
The City Council hereby approves and adopts the Communications and Records Supervisor job classification and associated job specification attached hereto as Exhibit A.
The City Council hereby approves and adopts the Police Administrative Clerk job classification and associated job specifications attached hereto as Exhibit B.
SECTION 3. Certification
The Chief Deputy City Clerk shall certify to the adoption of this resolution.
Resolution No. 2024-46-3523
PASSED, APPROVED AND ADOPTED this 10th day of July 2024. ___________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-46-3523 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 10th day of July 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________________
Laura Nieto, Chief Deputy City Clerk
EXHIBIT A
CITY OF IRWINDALE
COMMUNICATIONS AND RECORDS SUPERVISOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general direction, plans, organizes, evaluates, and supervises the Communications and Records units within the Police Department; ensures work quality and adherence to established policies and procedures; and performs the more technical and complex tasks relative to assigned areas ofresponsibility; ensures that functions meet all applicable laws, regulations, and City policies.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Plans, organizes, evaluates, and supervises the work of staff responsible for providing police dispatch services and the daily operations and activities of law enforcement records management.
2. Trains, counsels, evaluates, schedules and participates in the selection of staff assigned to the Communication and Records units; works with employees to correct deficiencies; identifies staffing needs; reviews needs with the appropriate management staff.
3. Assists in the development and maintenance of policies and procedures; monitors work activities to ensure compliance with established policies and procedures; makes recommendations for changes and improvements to existing standards and procedures; recommends and assists in the implementation of goals and objectives.
4. Identifies training needs related to assigned areas of responsibility; reviews recommendations or identified needs with the appropriate management staff.
5. Serves as system administrator for a variety of records management and intelligence databases and systems; assigns police employee privileges.
6. Monitors and maintains dispatch center and records equipment and supplies needs; researches the dispatch equipment market; makes recommendations on equipment purchases.
7. Coordinates and oversees audits of Records unit information and processes, including Department of Justice and National Crime Information Center audits.
8. Compiles and oversees the release of police records information in accordance with the California Public Records Act.
9. Assists in the preparation of county, state and federally mandated Uniform Crime and Arrest Reports (and National Incident Based Reporting System when implemented). Complies with all monthly federal submission requirements in a timely manner; prepare statistical reports as needed.
10. Assists in the preparation and administration of the assigned program budgets; submits budget recommendations; monitor expenditures.
11. Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of police dispatch and records management.
12. Prepares analytical and statistical reports on operations and activities.
13. Monitors legal and procedural developments related to law enforcement records.
14. May perform full range of duties of police dispatcher/clerk personnel.
15. Performs related duties as required.
CITY OF IRWINDALE
Communications and Records Supervisor (Continued)
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Operations, regulations, services and activities of a police dispatch center and law enforcement records management program.
Methods and techniques of computer aided dispatch.
Computer aided dispatch systems and radio equipment.
Operations and procedures of police records management and crime statistics database systems.
Principles and practices of data storage, retrieval and processing.
Methods and techniques of record keeping.
Principles and practices of program development and implementation.
Principles, practices, methodologies, and techniques of crime analysis as it relates to statistics and law enforcement.
Principles of supervision, training, and performance evaluation.
Principles and practices of budgets and expenditure monitoring.
Modern and complex principles and practices of the criminal justice system, law enforcement and police patrol.
Federal Communications Commission regulations.
Police Department and City policies and procedures.
Court procedures/requirements concerning criminal case filings.
Pertinent federal, state and local laws, codes and regulations.
Ability to:
Select, supervise, train and evaluate staff.
Plan, organize and coordinate the work and activity of a public safety communications center.
Schedule effective twenty-four hour dispatch center operations.
Organize and administer law enforcement records management system.
Audit and validate crime data.
Apply applicable codes and regulations to records management.
Accurately utilize assigned law enforcement software applications and computer programs.
Manage multiple database systems.
Work under pressure, exercise good judgment and make sound decisions in emergency situations.
Work cooperatively with other departments, City officials and outside agencies.
Operate radio transmitting equipment, 911 and computer aided dispatch systems, and all other equipment within the communications center.
Participate in the preparation and administration of the assigned budget.
Interpret and explain City and Department policies and procedures.
Interpret and apply current legislation to law enforcement records management.
Operate modern office equipment including computers and supporting applications.
Prepare clear and concise reports.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade supplemented by college level course work in law enforcement, public administration, or a related field.
CITY OF IRWINDALE
Communications and Records Supervisor (Continued)
Experience:
Five years of police dispatch and/or records management experience including two years of administrative and/or lead supervisory experience.
Required License or Certificate:
Possession of an appropriate, valid driver’s license.
Possession of Peace Officer’s Standards and Training (POST) Basic Public Safety Dispatcher certificate.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Work is performed primarily in a standard office environment with extensive public contact and constant interruptions.
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.
Vision: See in the normal visual range with or without correction.
Hearing: Hear in the normal audio range with or without correction.
Date: July 2024
EXHIBIT B
CITY OF IRWINDALE
POLICE ADMINISTRATIVE CLERK
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general supervision, performs a wide variety of general and specialized office support, and clerical work in support of the Police Department; collects, records, maintains, and retrieves property, evidence, and confidential law enforcement data and information; provides assistance to the public; and provides support and assistance to other non-sworn functions and activities of the Police Department.
REPRESENTATIVE DUTIES
A member of this classification may work within varied bureaus of the Police Department, including but not limited to the Detective Bureau, Records Bureau, and Administration Bureau.
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Receives, logs, stores, and maintains property and evidence in accordance with Department procedures; transports evidence for forensic examination; maintains evidence rooms in an organized condition.
2. Verifies inventories of evidence and property received and/or confiscated by Police Department.
3. Reviews evidence and analysis forms for errors and omissions and assists with corrections.
4. Determines purge dates for property and evidence; releases or disposes of property and evidence in accordance with applicable laws and court orders; prepares and sends letters to property owners for claim; releases property to rightful owner; prepares surplus and unclaimed property for disposal or auction.
5. Prepares property and evidence for court trials; releases property to authorized persons; tracks chain of custody of evidence items; testifies in court regarding evidence chain of custody.
6. Assists in determining evidence analysis requirements; provides training in proper evidence and packaging procedures.
7. Reviews and files photographic evidence.
8. Responds to outside agency requests for evidence, status, and chain of custody.
9. Prepares a variety of property and evidence reports.
10. Assists in other police service support work.
11. Establishes and maintains inventory systems.
12. Performs a wide variety of law enforcement support duties related to collecting, recording, transcribing, maintaining, processing, editing, retrieving, and distributing technical and confidential law enforcement data and information including police reports, citations, warrants, protective orders, and subpoenas.
13. Enters, maintains, and retrieves data, reports, and information into and from a variety of automated law enforcement records systems; validates selected records from the Department of Justice files including warrants, stolen vehicles, and missing persons.
CITY OF IRWINDALE
Police Administrative Clerk (Continued)
14. Assists with police file and record management; scans reports; assists in the implementation of file record management systems and programs.
15. Photocopies and distributes crime, incident, arrest, and accident reports to the general public and various agencies.
16. Assists, provides information, and responds to questions and concerns from the general public, departmental staff, and other agencies in person and by telephone; takes and provides phone messages.
17. Types correspondence, reports, forms, and other confidential and specialized documents from drafts, notes, dictated tapes, or brief instructions; composes letters and other documents as necessary.
18. Live Scans all new City employees and fills out necessary forms.
19. Performs related duties as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Modern office procedures, methods and equipment including computers.
Law enforcement property management principles, procedures, techniques, and equipment.
Basic police terminology.
Pertinent federal, state, and local laws, codes, and regulations and department rules, policies, and procedures.
Property and evidence storage, filing, retrieval and recordkeeping systems.
Laws related to processing, storage, release and disposal of property and evidence.
Customer service principles and practices.
Methods and techniques of proper phone etiquette.
Computer applications such as word processing, spreadsheet, and database applications.
Automated law enforcement information systems and procedures.
Mathematical principles.
Basic principles of business letter writing and basic report preparation.
English usage, spelling, grammar, and punctuation.
Ability to:
Store, track, and retrieve property and evidence.
Understand the organization, operation, and services of the city, the Police Department, and of outside agencies as necessary to assume assigned responsibilities.
Understand, interpret, and apply general administrative and departmental policies and procedures.
Perform a variety of law enforcement office support and clerical duties and activities of a general and specialized nature for the Police Department.
Work under steady pressure with frequent interruptions and a high degree of public contact by phone or in person.
Exercise good judgment in maintaining critical and sensitive information, records, and reports.
Read, understand, and review documents for accuracy and relevant information.
Use applicable office terminology, forms, documents, and procedures in the course of the work.
Use sound judgment in following and applying appropriate laws, regulations, policies, and procedures.
Organize and prioritize work assignments.
Deal successfully with the public, in person and over the telephone.
Respond to and resolve difficult and sensitive citizen inquiries and complaints.
CITY OF IRWINDALE
Police Administrative Clerk (Continued)
Courteously respond to community issues, concerns, and needs.
Understand and follow oral and written instructions.
Operate and use modern office equipment including a computer and various software packages.
Operate specialized automated law enforcement information systems including public safety computer systems to access and maintain data.
Type and enter data accurately at a speed necessary for successful job performance.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education/Training:
Equivalent to the completion of the twelfth grade.
Experience:
Two years of responsible relevant law enforcement work.
License or Certificate:
Possession of an appropriate, valid driver’s license.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions.
Environment: Work is performed primarily in a standard office environment with extensive public contact and constant interruptions.
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.
Vision: See in the normal visual range with or without correction.
Hearing: Hear in the normal audio range with or without correction.
Date: July 2024
Resolution No. 2024-45-3522
RESOLUTION NO. 2024-45-3522
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO. 2024-02-3479, AND
ESTABLISHING THE NUMBER OF POSITIONS, SCHEDULE OF CLASSES,
AND COMPENSATION FOR CITY EMPLOYEES
WHEREAS, Article VIII, Section 803 of the City Charter requires the City Council to establish by resolution salaries and other forms of compensation for all City employees; and WHEREAS, Section 2.12.010 of the Irwindale Municipal Code requires that the offices and positions in the City employment be fixed and established by resolution of the City Council; and
WHEREAS, Section 2.12.020 of the Irwindale Municipal Code requires that the salaries and compensation of officers and employees of the City be fixed and determined by resolution of the City Council; and
WHEREAS, Section 2.25 of the City’s Personnel Rules states that the Personnel Officer shall prepare an annual salary resolution that establishes the minimum through maximum salary rates of pay for employee classifications, which shall be adopted by the City Council; and WHEREAS, the City Council last adopted Resolution No. 2024-02-3479 on January 10, 2024, which established the number of positions, schedule of classes, and compensation for City employees; and
WHEREAS, the City desires to defund one (1) represented, classified full-time Assistant City Engineer position; and
WHEREAS, the City desires to defund one (1) represented, classified full-time Planning Technician position; and
WHEREAS, the City desires to fund one (1) represented, classified full-time Management Analyst position; and
WHEREAS, the City desires to fund one (1) represented, classified full-time Maintenance Lead Worker position; and
WHEREAS, the City desires to fund one (1) represented, classified, full-time Assistant Planner position; and
WHEREAS, the City desires to fund one (1) represented, classified full-time Assistant Engineer position; and
WHEREAS, the City desires to fund one (1) represented, classified full-time Communications and Records Supervisor position; and
WHEREAS, the City desires to fund one (1) represented, classified full-time Police Administrative Clerk position; and
WHEREAS, the City desires to fund one (1) at-will, unrepresented, unclassified permanent part-time Senior Center Aide Position.
Resolution No. 2024-45-3522
WHEREAS, the City Council desires to adopt this resolution to accurately reflect the current compensation ranges, position titles, and number of positions for all City classifications; and
WHEREAS, this resolution is also intended to serve as the City’s California Public Employees Retirement System (“CalPERS”) publicly available pay schedule as required by California Code of Regulations, Title 2, Section 570.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated by this reference.
SECTION 2. Personnel Positions Ordered Defunded.
1) One (1) represented, classified full-time Assistant City Engineer position. 2) One (1) represented, classified full-time Planning Technician position.
SECTION 3. Personnel Positions Approved and Ordered Funded. 1) One (1) represented, classified full-time Maintenance Lead Worker position. 2) One (1) represented, classified full-time Management Analyst position. 3) One (1) represented, classified, full-time Assistant Planner position. 4) One (1) represented, classified, full-time Assistant Engineer position. 5) One (1) represented, classified full-time Communications and Records Supervisor position.
6) One (1) represented, classified full-time Police Administrative Clerk position. 7) One (1) at-will, unrepresented, unclassified permanent part-time Senior Center Aide Position.
SECTION 4. Applicability to other Governing Documents.
This Resolution shall repeal, supersede, and replace Resolution No. 2024-02-3479. This Resolution shall also take the place of all existing resolutions or orders of the City Council as they relate to the subject matter contained herein. However, in no event shall this Resolution rescind, supersede, alter or in any way have an effect on Resolution No. 2021-116-3238, that was adopted December 8, 2021, relating to the compensation and benefits of unclassified, unrepresented management employees, or on any approved or adopted memoranda of understanding in accordance with Section 2 of this Resolution.
In the event that any provision of this Resolution is in conflict with the City’s Personnel Rules or other policies, this Resolution shall supersede and govern the City’s policies and practices with regard to unrepresented and/or unaffiliated employees.
Resolution No. 2024-45-3522
SECTION 5. Classified Employees Organized In Bargaining Units Represented By Recognized Employee Organizations.
The Memoranda of Understanding for IMEA, ICEA, and IPOA govern the employment relationship between the City and the employees represented by their respective Recognized Employee Organizations. In the event that this Resolution conflicts with the benefits granted or the restrictions imposed pursuant to any Memoranda of Understanding negotiated with these Recognized Employee Organizations, the applicable Memoranda of Understanding shall govern as to that particular employee bargaining unit.
SECTION 6. Salary and Wage Schedules.
The City Council hereby approves the number of positions, list of class titles, and compensation for all City job classifications reflected in Exhibit A, effective retroactive to July 1, 2024.
If any employee is receiving compensation above the highest step of the salary range stated in this resolution for his/her position, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), until the highest step is greater than the Yrate. Except as provided herein or an applicable MOU, no non Y-rated employee may be adjusted to a Y-rate upon reclassification or promotional appointment, and the Y-rate shall no longer be in effect after the termination of the employment in that class of the incumbent(s) on whose behalf the Y-rate is authorized. Nothing in this resolution shall prohibit any Y-rated employee from receiving a cost of living adjustment that other employees within the employee’s applicable bargaining group may receive pursuant to an applicable Tentative Agreement or MOU.
SECTION 7. Certification.
The Chief Deputy City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 10th day of July 2024. ___________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
Resolution No. 2024-45-3522
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-45-3522 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 10th day of July 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
Legislative Councilmember 5 Bi-Weekly 346.23 346.23 346.23 346.23 346.23 Monthly Elected 750.16 750.16 750.16 750.16 750.16
Annual 9,001.92 9,001.92 9,001.92 9,001.92 9,001.92
CM City Manager 1 Hourly 88 100.2755 105.2894 110.5538 116.0817 121.8861 Bi-Weekly 8,022.04 8,423.15 8,844.31 9,286.54 9,750.88
Monthly 17,381 18,250 19,163 20,121 21,127
Annual 208,573 219,002 229,952 241,450 253,523
Director Assistant City Manager 1 Hourly 81 84.3587 88.5764 93.0053 97.6558 102.5385 Bi-Weekly 6,748.69 7,086.12 7,440.42 7,812.46 8,203.08
Monthly 14,622 15,353 16,121 16,927 17,773
Annual 175,466 184,239 193,451 203,124 213,280
Director Chief of Police 1 Hourly 85 94.9798 99.7288 104.7154 109.9510 115.4486 Bi-Weekly 7,598.38 7,978.31 8,377.23 8,796.08 9,235.88
Monthly 16,463 17,286 18,151 19,058 20,011
Annual 197,558 207,436 217,808 228,698 240,133
Director Community Development Director 1 Hourly 78 78.3351 82.2519 86.3644 90.6827 95.2168 Bi-Weekly 6,266.81 6,580.15 6,909.15 7,254.62 7,617.35
Monthly 13,578 14,257 14,970 15,718 16,504
Annual 162,937 171,084 179,638 188,620 198,051
Director Director of Engineering/Building Official 1 Hourly 80 82.3010 86.4159 90.7365 95.2736 100.0370 Bi-Weekly 6,584.08 6,913.27 7,258.92 7,621.88 8,002.96
Monthly 14,266 14,979 15,728 16,514 17,340
Annual 171,186 179,745 188,732 198,169 208,077
Director Finance Director/City Treasurer 1 Hourly 79 80.2933 84.3082 88.5236 92.9495 97.5971 Bi-Weekly 6,423.46 6,744.65 7,081.88 7,435.96 7,807.77
Monthly 13,918 14,613 15,344 16,111 16,917
Annual 167,010 175,361 184,129 193,335 203,002
Director Public Services Director 1 Hourly 74 70.9678 74.5163 78.2423 82.1543 86.2620 Bi-Weekly 5,677.42 5,961.31 6,259.38 6,572.35 6,900.96
Monthly 12,301 12,916 13,562 14,240 14,952
Annual 147,613 154,994 162,744 170,881 179,425
EXHIBIT A
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
ICEA Accountant 1 Hourly 45 34.6793 36.4135 38.2341 40.1457 42.1529 Bi-Weekly 2,774.35 2,913.08 3,058.73 3,211.65 3,372.23
Monthly 6,011 6,312 6,627 6,959 7,307
Annual 72,133 75,740 79,527 83,503 87,678
ICEA Administrative Secretary 2 Hourly 37 28.4625 29.8856 31.3798 32.9490 34.5966 Bi-Weekly 2,277.00 2,390.85 2,510.38 2,635.92 2,767.73
Monthly 4,934 5,180 5,439 5,711 5,997
Annual 59,202 62,162 65,270 68,534 71,961
ICEA Assistant Planner 1 Hourly 45 34.6793 36.4135 38.2341 40.1457 42.1529 Bi-Weekly 2,774.35 2,913.08 3,058.73 3,211.65 3,372.23
Monthly 6,011 6,312 6,627 6,959 7,307
Annual 72,133 75,740 79,527 83,503 87,678
ICEA Building Permit Technician 0 Hourly 37 28.4625 29.8856 31.3798 32.9490 34.5966 Bi-Weekly 2,277.00 2,390.85 2,510.38 2,635.92 2,767.73
Monthly 4,934 5,180 5,439 5,711 5,997
Annual 59,202 62,162 65,270 68,534 71,961
ICEA Bus Driver 1 Hourly 33 25.7861 27.0755 28.4293 29.8510 31.3438 Bi-Weekly 2,062.88 2,166.04 2,274.35 2,388.08 2,507.50
Monthly 4,470 4,693 4,928 5,174 5,433
Annual 53,635 56,317 59,133 62,090 65,195
ICEA Code Enforcement Officer 1 Hourly 39 29.9038 31.3990 32.9692 34.6178 36.3486 Bi-Weekly 2,392.31 2,511.92 2,637.54 2,769.42 2,907.88
Monthly 5,183 5,443 5,715 6,000 6,300
Annual 62,200 65,310 68,576 72,005 75,605
ICEA Deputy City Clerk 0 Hourly 41 31.4173 32.9880 34.6375 36.3692 38.1875 Bi-Weekly 2,513.38 2,639.04 2,771.00 2,909.54 3,055.00
Monthly 5,446 5,718 6,004 6,304 6,619
Annual 65,348 68,615 72,046 75,648 79,430
ICEA Engineering Technician 3 Hourly 40 30.6514 32.1841 33.7933 35.4832 37.2572 Bi-Weekly 2,452.12 2,574.73 2,703.46 2,838.65 2,980.58
Monthly 5,313 5,579 5,858 6,150 6,458
Annual 63,755 66,943 70,290 73,805 77,495
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
ICEA Finance Analyst 1 Hourly 45 34.6793 36.4135 38.2341 40.1457 42.1529 Bi-Weekly 2,774.35 2,913.08 3,058.73 3,211.65 3,372.23
Monthly 6,011 6,312 6,627 6,959 7,307
Annual 72,133 75,740 79,527 83,503 87,678
ICEA Finance Technician 1 Hourly 36 27.7683 29.1567 30.6144 32.1452 33.7524 Bi-Weekly 2,221.46 2,332.54 2,449.15 2,571.62 2,700.19
Monthly 4,813 5,054 5,307 5,572 5,850
Annual 57,758 60,646 63,678 66,862 70,205
ICEA Human Resources Specialist 0 Hourly 38 29.1740 30.6327 32.1644 33.7726 35.4611 Bi-Weekly 2,333.92 2,450.62 2,573.15 2,701.81 2,836.88
Monthly 5,057 5,310 5,575 5,854 6,147
Annual 60,682 63,716 66,902 70,247 73,759
ICEA Inclusion Specialist 1 Hourly 37 28.4625 29.8856 31.3798 32.9490 34.5966 Bi-Weekly 2,277.00 2,390.85 2,510.38 2,635.92 2,767.73
Monthly 4,934 5,180 5,439 5,711 5,997
Annual 59,202 62,162 65,270 68,534 71,961
ICEA Janitor 1 Hourly 20 18.7053 19.6404 20.6226 21.6538 22.7365 Bi-Weekly 1,496.42 1,571.23 1,649.81 1,732.31 1,818.92
Monthly 3,242 3,404 3,575 3,753 3,941
Annual 38,907 40,852 42,895 45,040 47,292
ICEA Library Technician 1 Hourly 29 23.3606 24.5288 25.7553 27.0433 28.3957 Bi-Weekly 1,868.85 1,962.31 2,060.42 2,163.46 2,271.65
Monthly 4,049 4,252 4,464 4,688 4,922
Annual 48,590 51,020 53,571 56,250 59,063
ICEA Maintenance Aide 4 Hourly 25 21.1635 22.2216 23.3327 24.4995 25.7245 Bi-Weekly 1,693.08 1,777.73 1,866.62 1,959.96 2,057.96
Monthly 3,668 3,852 4,044 4,247 4,459
Annual 44,020 46,221 48,532 50,959 53,507
ICEA Maintenance Lead Worker 2 Hourly 43 33.0082 34.6587 36.3918 38.2115 40.1221 Bi-Weekly 2,640.65 2,772.69 2,911.35 3,056.92 3,209.77
Monthly 5,721 6,008 6,308 6,623 6,955
Annual 68,657 72,090 75,695 79,480 83,454
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
ICEA Maintenance Worker I 0 Hourly 31 24.5433 25.7707 27.0591 28.4120 29.8327 Bi-Weekly 1,963.46 2,061.65 2,164.73 2,272.96 2,386.62
Monthly 4,254 4,467 4,690 4,925 5,171
Annual 51,050 53,603 56,283 59,097 62,052
ICEA Maintenance Worker II 6 Hourly 40 30.6514 32.1841 33.7933 35.4832 37.2572 Bi-Weekly 2,452.12 2,574.73 2,703.46 2,838.65 2,980.58
Monthly 5,313 5,579 5,858 6,150 6,458
Annual 63,755 66,943 70,290 73,805 77,495
ICEA Office Specialist 3 Hourly 29 23.3606 24.5288 25.7553 27.0433 28.3957 Bi-Weekly 1,868.85 1,962.31 2,060.42 2,163.46 2,271.65
Monthly 4,049 4,252 4,464 4,688 4,922
Annual 48,590 51,020 53,571 56,250 59,063
ICEA Planning Technician 1 Hourly 36 27.7683 29.1567 30.6144 32.1452 33.7524 Bi-Weekly 2,221.46 2,332.54 2,449.15 2,571.62 2,700.19
Monthly 4,813 5,054 5,307 5,572 5,850
Annual 57,758 60,646 63,678 66,862 70,205
ICEA Police Administrative Clerk 1 Hourly 28 22.7913 23.9308 25.1274 26.3837 27.7029 Bi-Weekly 1,823.31 1,914.46 2,010.19 2,110.69 2,216.23
Monthly 3,951 4,148 4,355 4,573 4,802
Annual 47,406 49,776 52,265 54,878 57,622
ICEA Police Records Clerk 0 Hourly 28 22.7913 23.9308 25.1274 26.3837 27.7029 Bi-Weekly 1,823.31 1,914.46 2,010.19 2,110.69 2,216.23
Monthly 3,951 4,148 4,355 4,573 4,802
Annual 47,406 49,776 52,265 54,878 57,622
ICEA Police Records Clerk/ Dispatcher 1 Hourly 32 25.1567 26.4144 27.7351 29.1216 30.5779 Bi-Weekly 2,012.54 2,113.15 2,218.81 2,329.73 2,446.23
Monthly 4,361 4,579 4,807 5,048 5,300
Annual 52,326 54,942 57,689 60,573 63,602
ICEA Police Services Specialist 1 Hourly 41 31.4173 32.9880 34.6375 36.3692 38.1875 Bi-Weekly 2,513.38 2,639.04 2,771.00 2,909.54 3,055.00
Monthly 5,446 5,718 6,004 6,304 6,619
Annual 65,348 68,615 72,046 75,648 79,430
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
ICEA Recreation Assistant 0 Hourly 29 23.3606 24.5288 25.7553 27.0433 28.3957 Bi-Weekly 1,868.85 1,962.31 2,060.42 2,163.46 2,271.65
Monthly 4,049 4,252 4,464 4,688 4,922
Annual 48,590 51,020 53,571 56,250 59,063
ICEA Senior Bus Driver 1 Hourly 37 28.4625 29.8856 31.3798 32.9490 34.5966 Bi-Weekly 2,277.00 2,390.85 2,510.38 2,635.92 2,767.73
Monthly 4,934 5,180 5,439 5,711 5,997
Annual 59,202 62,162 65,270 68,534 71,961
ICEA Senior Center Assistant 1 Hourly 29 23.3606 24.5288 25.7553 27.0433 28.3957 Bi-Weekly 1,868.85 1,962.31 2,060.42 2,163.46 2,271.65
Monthly 4,049 4,252 4,464 4,688 4,922
Annual 48,590 51,020 53,571 56,250 59,063
ICEA Senior Center Leader/Bus Driver 1 Hourly 33 25.7861 27.0755 28.4293 29.8510 31.3438 Bi-Weekly 2,062.88 2,166.04 2,274.35 2,388.08 2,507.50
Monthly 4,470 4,693 4,928 5,174 5,433
Annual 53,635 56,317 59,133 62,090 65,195
ICEA Senior Center Specialist 1 Hourly 37 28.4625 29.8856 31.3798 32.9490 34.5966 Bi-Weekly 2,277.00 2,390.85 2,510.38 2,635.92 2,767.73
Monthly 4,934 5,180 5,439 5,711 5,997
Annual 59,202 62,162 65,270 68,534 71,961
ICEA Senior Code Enforcement Officer 1 Hourly 45 34.6793 36.4135 38.2341 40.1457 42.1529 Bi-Weekly 2,774.35 2,913.08 3,058.73 3,211.65 3,372.23
Monthly 6,011 6,312 6,627 6,959 7,307
Annual 72,133 75,740 79,527 83,503 87,678
ICEA Senior Recreation Leader 3 Hourly 19 18.2495 19.1620 20.1202 21.1264 22.1827 Bi-Weekly 1,459.96 1,532.96 1,609.62 1,690.12 1,774.62
Monthly 3,163 3,321 3,488 3,662 3,845
Annual 37,959 39,857 41,850 43,943 46,140
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
IMEA Aquatics Supervisor 1 Hourly 47 36.4346 38.2563 40.1692 42.1779 44.2870 Bi-Weekly 2,914.77 3,060.50 3,213.54 3,374.23 3,542.96
Monthly 6,315 6,631 6,963 7,311 7,676
Annual 75,784 79,573 83,552 87,730 92,117
IMEA Assistant City Engineer 0 Hourly 64 55.4399 58.2120 61.1226 64.1788 67.3880 Bi-Weekly 4,435.19 4,656.96 4,889.81 5,134.31 5,391.04
Monthly 9,610 10,090 10,595 11,124 11,681
Annual 115,315 121,081 127,135 133,492 140,167
IMEA Assistant Engineer 1 Hourly 52 41.2226 43.2837 45.4481 47.7207 50.1067 Bi-Weekly 3,297.81 3,462.69 3,635.85 3,817.65 4,008.54
Monthly 7,145 7,503 7,878 8,272 8,685
Annual 85,743 90,030 94,532 99,259 104,222
IMEA Assistant to the City Manager 1 Hourly 63 54.0880 56.7923 59.6317 62.6135 65.7442 Bi-Weekly 4,327.04 4,543.38 4,770.54 5,009.08 5,259.54
Monthly 9,375 9,844 10,336 10,853 11,396
Annual 112,503 118,128 124,034 130,236 136,748
IMEA Associate Engineer 1 Hourly 56 45.5024 47.7774 50.1663 52.6745 55.3082 Bi-Weekly 3,640.19 3,822.19 4,013.31 4,213.96 4,424.65
Monthly 7,887 8,281 8,696 9,130 9,587
Annual 94,645 99,377 104,346 109,563 115,041
IMEA Associate Planner 1 Hourly 49 38.2793 40.1933 42.2029 44.3130 46.5288 Bi-Weekly 3,062.35 3,215.46 3,376.23 3,545.04 3,722.31
Monthly 6,635 6,967 7,315 7,681 8,065
Annual 79,621 83,602 87,782 92,171 96,780
IMEA Benefits Administrator 1 Hourly 58 47.8058 50.1962 52.7058 55.3409 58.1077 Bi-Weekly 3,824.46 4,015.69 4,216.46 4,427.27 4,648.62
Monthly 8,286 8,701 9,136 9,592 10,072
Annual 99,436 104,408 109,628 115,109 120,864
IMEA Chief Deputy City Clerk 1 Hourly 58 47.8058 50.1962 52.7058 55.3409 58.1077 Bi-Weekly 3,824.46 4,015.69 4,216.46 4,427.27 4,648.62
Monthly 8,286 8,701 9,136 9,592 10,072
Annual 99,436 104,408 109,628 115,109 120,864
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
IMEA City Librarian 1 Hourly 62 52.7688 55.4072 58.1774 61.0861 64.1404 Bi-Weekly 4,221.50 4,432.58 4,654.19 4,886.88 5,131.23
Monthly 9,147 9,604 10,084 10,588 11,118
Annual 109,759 115,247 121,009 127,059 133,412
IMEA Communication and Records Supervisor 1 Hourly 48 37.3462 39.2135 41.1740 43.2327 45.3942 Bi-Weekly 2,987.69 3,137.08 3,293.92 3,458.62 3,631.54
Monthly 6,473 6,797 7,137 7,494 7,868
Annual 77,680 81,564 85,642 89,924 94,420
IMEA Community Development Manager/City Planner 0 Hourly 62 52.7688 55.4072 58.1774 61.0861 64.1404 Bi-Weekly 4,221.50 4,432.58 4,654.19 4,886.88 5,131.23
Monthly 9,147 9,604 10,084 10,588 11,118
Annual 109,759 115,247 121,009 127,059 133,412
IMEA Construction Compliance Manager 1 Hourly 62 52.7688 55.4072 58.1774 61.0861 64.1404 Bi-Weekly 4,221.50 4,432.58 4,654.19 4,886.88 5,131.23
Monthly 9,147 9,604 10,084 10,588 11,118
Annual 109,759 115,247 121,009 127,059 133,412
IMEA Economic Development Coordinator 0 Hourly 53 42.2534 44.3659 46.5841 48.9135 51.3591 Bi-Weekly 3,380.27 3,549.27 3,726.73 3,913.08 4,108.73
Monthly 7,324 7,690 8,075 8,478 8,902
Annual 87,887 92,281 96,895 101,740 106,827
IMEA Executive Assistant 0 Hourly 43 33.0082 34.6587 36.3918 38.2115 40.1221 Bi-Weekly 2,640.65 2,772.69 2,911.35 3,056.92 3,209.77
Monthly 5,721 6,008 6,308 6,623 6,955
Annual 68,657 72,090 75,695 79,480 83,454
IMEA Finance Manager 1 Hourly 68 61.1952 64.2548 67.4678 70.8413 74.3837 Bi-Weekly 4,895.62 5,140.38 5,397.42 5,667.31 5,950.69
Monthly 10,607 11,138 11,694 12,279 12,893
Annual 127,286 133,650 140,333 147,350 154,718
IMEA Housing Coordinator 1 Hourly 53 42.2534 44.3659 46.5841 48.9135 51.3591 Bi-Weekly 3,380.27 3,549.27 3,726.73 3,913.08 4,108.73
Monthly 7,324 7,690 8,075 8,478 8,902
Annual 87,887 92,281 96,895 101,740 106,827
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
IMEA Human Resources/Risk Manager 1 Hourly 67 59.7029 62.6880 65.8226 69.1139 72.5697 Bi-Weekly 4,776.23 5,015.04 5,265.81 5,529.12 5,805.58
Monthly 10,349 10,866 11,409 11,980 12,579
Annual 124,182 130,391 136,911 143,757 150,945
IMEA Information Technology Manager 1 Hourly 63 54.0880 56.7923 59.6317 62.6135 65.7442 Bi-Weekly 4,327.04 4,543.38 4,770.54 5,009.08 5,259.54
Monthly 9,375 9,844 10,336 10,853 11,396
Annual 112,503 118,128 124,034 130,236 136,748
IMEA Management Analyst 3 Hourly 47 36.4346 38.2563 40.1692 42.1779 44.2870 Bi-Weekly 2,914.77 3,060.50 3,213.54 3,374.23 3,542.96
Monthly 6,315 6,631 6,963 7,311 7,676
Annual 75,784 79,573 83,552 87,730 92,117
IMEA Police Captain 1 Hourly 77 77.9548 81.8524 85.9452 90.2423 94.7543 Bi-Weekly 6,236.38 6,548.19 6,875.62 7,219.38 7,580.35
Monthly 13,512 14,188 14,897 15,642 16,424
Annual 162,146 170,253 178,766 187,704 197,089
IMEA Police Lieutenant 1 Hourly 71 67.2197 70.5808 74.1096 77.8149 81.7058 Bi-Weekly 5,377.58 5,646.46 5,928.77 6,225.19 6,536.46
Monthly 11,651 12,234 12,846 13,488 14,162
Annual 139,817 146,808 154,148 161,855 169,948
IMEA Project Manager - Construction Compliance 1 Hourly 48 37.3462 39.2135 41.1740 43.2327 45.3942 Bi-Weekly 2,987.69 3,137.08 3,293.92 3,458.62 3,631.54
Monthly 6,473 6,797 7,137 7,494 7,868
Annual 77,680 81,564 85,642 89,924 94,420
IMEA Project Manager - Mining 0 Hourly 62 52.7688 55.4072 58.1774 61.0861 64.1404 Bi-Weekly 4,221.50 4,432.58 4,654.19 4,886.88 5,131.23
Monthly 9,147 9,604 10,084 10,588 11,118
Annual 109,759 115,247 121,009 127,059 133,412
IMEA Public Works Maintenance Supervisor 1 Hourly 48 37.3462 39.2135 41.1740 43.2327 45.3942 Bi-Weekly 2,987.69 3,137.08 3,293.92 3,458.62 3,631.54
Monthly 6,473 6,797 7,137 7,494 7,868
Annual 77,680 81,564 85,642 89,924 94,420
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
IMEA Public Works Services Manager 0 Hourly 62 52.7688 55.4072 58.1774 61.0861 64.1404 Bi-Weekly 4,221.50 4,432.58 4,654.19 4,886.88 5,131.23
Monthly 9,147 9,604 10,084 10,588 11,118
Annual 109,759 115,247 121,009 127,059 133,412
IMEA Recreation Manager 1 Hourly 62 52.7688 55.4072 58.1774 61.0861 64.1404 Bi-Weekly 4,221.50 4,432.58 4,654.19 4,886.88 5,131.23
Monthly 9,147 9,604 10,084 10,588 11,118
Annual 109,759 115,247 121,009 127,059 133,412
IMEA Recreation Supervisor 2 Hourly 47 36.4346 38.2563 40.1692 42.1779 44.2870 Bi-Weekly 2,914.77 3,060.50 3,213.54 3,374.23 3,542.96
Monthly 6,315 6,631 6,963 7,311 7,676
Annual 75,784 79,573 83,552 87,730 92,117
IMEA Senior Center Manager 1 Hourly 62 52.7688 55.4072 58.1774 61.0861 64.1404 Bi-Weekly 4,221.50 4,432.58 4,654.19 4,886.88 5,131.23
Monthly 9,147 9,604 10,084 10,588 11,118
Annual 109,759 115,247 121,009 127,059 133,412
IMEA Senior Finance Analyst 1 Hourly 51 40.2168 42.2279 44.3394 46.5563 48.8841 Bi-Weekly 3,217.35 3,378.23 3,547.15 3,724.50 3,910.73
Monthly 6,971 7,320 7,686 8,070 8,473
Annual 83,651 87,834 92,226 96,837 101,679
IMEA Senior Human Resources/ Risk Management Analyst 0 Hourly 53 42.2534 44.3659 46.5841 48.9135 51.3591 Bi-Weekly 3,380.27 3,549.27 3,726.73 3,913.08 4,108.73
Monthly 7,324 7,690 8,075 8,478 8,902
Annual 87,887 92,281 96,895 101,740 106,827
IMEA Senior Management Analyst 0 Hourly 53 42.2534 44.3659 46.5841 48.9135 51.3591 Bi-Weekly 3,380.27 3,549.27 3,726.73 3,913.08 4,108.73
Monthly 7,324 7,690 8,075 8,478 8,902
Annual 87,887 92,281 96,895 101,740 106,827
IMEA Senior Planner 1 Hourly 55 44.3923 46.6120 48.9428 51.3899 53.9596 Bi-Weekly 3,551.38 3,728.96 3,915.42 4,111.19 4,316.77
Monthly 7,695 8,079 8,483 8,908 9,353
Annual 92,336 96,953 101,801 106,891 112,236
Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
IPOA Police Sergeant6 Hourly 63 54.9014 57.6466 60.5288 63.5553 66.7332 Bi-Weekly 4,392.12 4,611.73 4,842.31 5,084.42 5,338.65
Monthly 9,516 9,992 10,492 11,016 11,567
Annual 114,195 119,905 125,900 132,195 138,805
IPOA Police Officer 21 Hourly 52 41.8433 43.9356 46.1322 48.4389 50.8611 Bi-Weekly 3,347.46 3,514.85 3,690.58 3,875.12 4,068.88
Monthly 7,253 7,616 7,996 8,396 8,816
Annual 87,034 91,386 95,955 100,753 105,791
IPOA Police Dispatcher/Clerk6 Hourly 38 28.7510 30.1885 31.6981 33.2832 34.9471 Bi-Weekly 2,300.08 2,415.08 2,535.85 2,662.65 2,795.77
Monthly 4,984 5,233 5,494 5,769 6,058
Annual 59,802 62,792 65,932 69,229 72,690
Permanent Part-Time - Hourly Rates
Position Title Authorized
Number Range Step A Step B Step C Step D Step E
Senior Center Leader 3 19 18.25 19.16 20.12 21.12 22.18 Library Aide 1 26 21.69 22.78 23.92 25.11 26.37
Civil Engineering Technician 0 33 25.78 27.07 28.43 29.85 31.34 Part-Time - Hourly Rates
Position Title Rate
Aquatics Aide/Pool Cashier 18.21
Assistant Pool Manager 22.74
Bus Driver 25.78
Communications Specialist 33.00
Community Center Worker
(temp assignment of staff
member)
22.24 Community Service Officer 19.61
Finance Assistant 22.18
Intern 20.68
Library Page 19.61
Lifeguard 18.66
Office Specialist 23.36
Police Officer Trainee 36.98
Recreation Aide 18.21
Reserve Police Officer 41.84
Senior Center Aide 18.21
Senior Library Page 21.64
Senior Lifeguard 20.59
Summer Youth Worker 16.00
Tutor 20.68
CITY OF IRWINDALE
Part-Time Salary Schedule
Fiscal Year 2024-2025
Effective July 1, 2024
Item #19.I.
Date: July 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: 2nd Reading - Ordinance No. 780
City Manager's Recommendation:
That the City Council adopt on second reading by title only with further reading waived, Ordinance No. 780, entitled, “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 RESCINDING ORDINANCE NO. 200 IN ITS ENTIRETY 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)”.
Administrative Action:
Submitted / Prepared by:
Marilyn Simpson, Community Development Director
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 26, 2024 the City Council introduced the above ordinance for first reading.
Ordinance No. 780 is attached for adoption on its second reading for Zone Change No. 01-2014. The City-initiated proposal will revise the Zoning Map to reconcile inconsistencies and make appropriate changes to support the highest and best uses.
Due to inconsistencies throughout the City, there are multiple non-conforming uses. The existing nonconformities limit the highest and best uses of the properties because of limitations on expansion/intensification for their zone. These impact properties zoned for industrial, commercial and residential. For example, the inconsistency would hinder residential improvements such as the ability to increase square footage for additions and Accessory Dwelling Units (ADU) conversions. This issue was discovered during a zoning map “clean-up” in November 2018. Since then, Planning Staff has received multiple applications that require General Plan Amendments. Zoning is one of the primary means of implementing the General Plan. The success of a General Plan rests upon the effectiveness of the Zoning Code and Map. Additionally, there should be consistency between the General Plan and Zoning as a common-sense approach to planning and transparency.
All of the properties listed on Meridian Street, Shrode Avenue, Citrusview Avenue, Park Rose Avenue, and Ruelas Street are currently developed as single-family residential properties, and the General Plan designates these properties as Residential. However, on June 20, 1967, the City Council approved Ordinance No. 200 to allow the rezoning of the properties located on Citrusview Avenue, Park Rose Avenue, Ruelas Street and Shrode Avenue and parcels outside of City boundaries. This changed the existing zoning designation from A-1 (Agricultural) to M-1 (Light Manufacturing). Although the Ordinance memorialized the change, the City’s Zoning Map was not updated. As a result, the residential developments were approved based on the previous A-1 (Agricultural) designation allowing single-family residential use. Thus, all of the current residential development is considered legally nonconforming because it is a residential use in an M-1 (Light Manufacturing) zone. This hinders improvements such as the ability to increase square footage and compliance with recent State legislation allowing Accessory Dwelling Units (ADU) conversions and small lot subdivisions. The proposed rescission of Ordinance No. 200 and Zone Change from M-1 (Light Manufacturing) to R-1 (Single-Family Residential) would be consistent with current use and the existing Residential General Plan designation.
Additionally, on May 2, 1967, the City Council approved Ordinance No. 195 to allow the rezoning of the properties located on Mountain Avenue and Ambriz Street (formerly known as Mountain Avenue). This changed the existing zoning designation to C-3 (Heavy Commercial-Residential). Although single family residential units are permitted in this zone, there are limitations due to recent State legislature regarding housing. These residential parcels also are not able to utilize the latest housing legislature to build additional units, convert existing square footage or subdivide the property. The proposed
rescission of Ordinance No. 195 and Zone Change from C-3 (Heavy Commercial-Residential) to R-1 (Single-Family Residential) would be consistent with current use and the existing Residential General Plan designation.
The proposed changes to the Zoning Maps will remedy the existing inconsistencies and nonconformities. The maps will be updated to reflect the proposed changes. The proposed Zone Change will supersede the changes adopted by Ordinance Nos. 195 and 200 once they are rescinded by Ordinance No.780.
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 General Plan Amendment or Zone Change, by themselves, will have a significant effect on the environment. However, any proposed physical development will undergo its own CEQA review when the entitlement is considered.
Fiscal Impact:
There is no cost with the City Council approval of the Zone Change or rescinding Ordinance Nos. 195 and 200.
Attachments:
1. Ordinance No. 780 FINAL Attachment A
Ordinance No. 780
ATTACHMENT “A”
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 RESCINDING ORDINANCE NO. 200 IN ITS ENTIRETY 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).
WHEREAS, the City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, acting as the Applicant, has initiated the request for Zone Change No. 01-2024 to reconcile inconsistencies on the City’s Zoning Map and make appropriate changes to support the highest and best use and modify the Zoning Map to reflect the updated zoning designations at the above referenced properties; and
WHEREAS, Section 17.84 (Amendments) of the Irwindale Municipal Code allows for changes to the classification of property whenever the public interest and necessity so require; and
WHEREAS, the City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) 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 Zone Change, by itself, will have a significant effect on the environment. However, any proposed physical development will undergo its own CEQA review when the entitlement is considered; and WHEREAS, on May 2, 1967, the City Council conducted a duly noticed public hearing, as required by law, and approved Ordinance No. 195 to allow the rezoning of the properties located on Mountain Avenue and Ambriz Street (formerly known as Mountain Avenue). This changed the existing zoning designation to C-3 (Heavy CommercialResidential); and WHEREAS, on June 20, 1967, the City Council conducted a duly noticed public hearing, as required by law, and approved Ordinance No. 200 to allow the rezoning of the properties located on Citrusview Avenue, Park Rose Avenue, Ruelas Street and Shrode Avenue and parcels outside of City boundaries. This changed the existing zoning designation from A-1 (Agricultural) to M-1 (Light Manufacturing); and
Ordinance No. 780
WHEREAS, on July 9, 2019, Staff held two (2) separate Zone Change workshops at the Community Center; one (1) for residentially zoned properties and the other for commercially and industrially zoned properties; and
WHEREAS, on August 31, 2022, Staff requested direction from the Planning Commission on the above referenced properties as well as Meridian Avenue, Ramona Boulevard (Vulcan Durbin Pit), Park Avenue, Calle Burrola, Fraijo Avenue, Nora Avenue and Las Lomas Road; and
WHEREAS, on May 23, 2023, Staff sent out a general information letter to property owners who were currently impacted by the inconsistencies. The letter explained the Cityinitiated process and future public notification informing them about the City’s next steps; and
WHEREAS, on April 4, 2024, the property owners and property owners within 500 feet of the subject properties were notified by mail. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library and Post Office) on April 4, 2024 and was also published in the newspaper on April 5, 2024. This timing met the minimum public notification requirement of 10 days prior to the meeting; and
WHEREAS, on April 17, 2024, the Planning Commission heard the proposed Zone Change item at which time it received input from Staff and the City Attorney’s Office, heard public testimony, and discussed the Proposed Project; and closed the public hearing and continued the item to the May 15, 2024 Planning Commission meeting. The Planning Commission directed staff to re-notice the continued meeting; and WHEREAS, on April 18, 2024, the second public notice was mailed to property owners within 500 feet of the subject property and posted in the four (4) designated public places (City Hall, Community Development Department, Library and Post Office). The second public notice was published in the newspaper on Monday, April 22, 2024. This timing met and exceeded the minimum public notification requirement of 10 days prior to meeting; and
WHEREAS, on May 15, 2024, the Planning Commission conducted a duly noticed public hearing, as required by law, regarding the proposed Zone Change to receive testimony and other evidence regarding the proposed Zone Change, including without limitation, information to the Planning Commission and City Staff; and WHEREAS, on May 15, 2024 the Planning Commission adopted Resolution No. 822(24), recommending that the City Council approve the proposed Zone Changes to rezone the above referenced properties and rescind Ordinance Nos. 195 and 200; and WHEREAS, on May 30, 2024, the property owners and property owners within 500 feet of the subject properties were notified by mail. The public notice was posted in the four (4) designated public places (City Hall, Community Development Department, Library
Ordinance No. 780
and Post Office) on May 30, 2024 and also published in the newspaper on May 31, 2024.
This timing met the minimum public notification requirement of 10 days prior to the meeting; and
WHEREAS, on June 12, 2024, the City Council conducted a duly noticed public hearing, as required by law, on the Application and continued the item to the June 26, 2024 City Council meeting; and
WHEREAS, the City Council now desires to approve the Zone Change 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 WHEREAS, on June 26, 2024, the City Council conducted a duly noticed public hearing, as required by law, on the Application and approved the Zone Change, subject to the approval of this 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. Ordinance No. 195, which rezoned properties on Mountain Avenue and Ambriz Street (formerly Mountain Avenue) to C-3 (Heavy Commercial-Residential) is hereby rescinded in its entirety.
SECTION 3. Ordinance No. 200, which rezoned properties located on Citrusview Avenue, Park Rose Avenue, and Ruelas Street to M-2 (Heavy Manufacturing), is hereby rescinded in its entirety.
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 Zone Change and Ordinance are 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
Ordinance No. 780
sections, subsections, sentences, clauses, or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
SECTION 5. 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 10th day of July, 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. 780 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on June 26, 2024, and duly adopted at a regular meeting of the City Council of the City of Irwindale held on July 10, 2024, and was carried by the following-roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Ordinance No. 780
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. 780 adopted by the City Council of the City of Irwindale at its regular meeting held July 10, 2024, to be posted at the City Hall, Library, and Post Office on July 11, 2024.
Dated:
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #19.J.
Date: July 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of approval of Consent to Assignment to the Development Agreement from Irwindale Partners. L.P. to Park Building 3, LLC as to Parcel 3 and Parcel 4 and Estoppel Certificate Required by Park Building 3, LLC’s Lender.
City Manager's Recommendation:
That the City Council (1) Approve consent to assignment of the Development Agreement between the City of Irwindale and Irwindale Partners II, LLC dated February 12, 2020 from Irwindale Partners, L.P. to Park Building 3, LLC as to Parcel 3 and Parcel 4, and authorize the City Manager to execute such consent subject to City Attorney approval as to form; and (2) Approve the Estoppel Certificate required by Park Building 3, LLC’s lender.
Administrative Action:
>>
Submitted / Prepared by:
Robert J. Lee, Deputy City Attorney
Electronically Approved
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 and Irwindale Partners II, LLC entered into a Development Agreement dated February 12, 2020 (“DA”) with respect to a former mining site located at 1200, 1220 and 1270 Arrow Highway (“Property”), for the purpose of allowing developer to construct and operate an industrial/commercial business park for the Property, commonly referred to as the Park at Live Oak (“Project”). The Property was amassed through three grant deeds:
• November 29, 2004 grant deed from United Rock Products Corporation to Irwindale Partners, L.P. (Parcel 1);
• July 21, 2016 grant deed from the City of Irwindale to Irwindale Partners, L.P. (Parcel 2); and • July 26, 2018 grant deed from the City of Irwindale, as Successor Agency to the Irwindale Community Development Agency, to Irwindale Partners, L.P. (Parcel 3) Irwindale Partners II, LLC and Irwindale Partners, L.P. share common principals. The duties and obligations under the DA have been carried out by Irwindale Partners, L.P. On December 13, 2023, the City Council approved reformation of the DA pursuant to California Civil Code Section 3399 to adjust and clarify the designation of developer’s name in the DA to be Irwindale Partners, L.P., a California limited partnership, to be consistent with the reality that the party actually developing the Project under the DA is Irwindale Partners, L.P, not Irwindale Partners II, LLC. During that same meeting, the City Council also approved City’s consent to assign portions of the DA and completed Project to wholly owned subsidiaries of Irwindale Partners, L.P. pursuant to the terms of Section 2.3 of the DA, in connection with loans given to these wholly owned subsidiaries. The DA interests with respect to Parcel 1 were assigned to Park Building 1, LLC and the DA interests with respect to Parcel 2 were assigned to Park Building 2, LLC. Park Building 1, LLC now owns Parcel 1 and Park Building 2, LLC now owns Parcel 2, both as of September 26, 2023.
Now, Irwindale Partners, L.P. seeks to assign additional portions of the DA and completed Project to another wholly owned subsidiary of Irwindale Partners, L.P. pursuant to the terms of Section 2.3 of the DA, in connection with a loan given to that wholly owned subsidiary. The DA interests with respect to Parcel 3 and Parcel 4 will be assigned to Park Building 3 LLC, in accordance with the attached assignment and assumption agreement. Park Building 3, LLC now owns Parcel 3 and Parcel 4, both as of May 2, 2024. All requirements under Section 2.3 have been met.
Park Building 3 LLC’s lender is requiring that an Estoppel Certificate be furnished whereby City certifies to all the modifications made to the DA and that there are no defaults under the DA to the City’s actual knowledge. The proposed Estoppel Certificate, which may be signed by the City Manager under Section
10.13 of the DA, is attached to this report.
Fiscal Impact:
There is no fiscal impact associated with City’s consent to the assignment or execution of the Estoppel Certificate.
Attachments:
1. Irwindale Partners II, LLC - 2020-02-12
2. Reformation of Development Agreement (Final 12.12.23)(944817.1)
3. Assignment Developer Rights (Building 3 - Parcels 3 and 4) - Execution (6-13-24)
4. City of Irwindale Estoppel Certificate (Parcels 3 and 4)(Revised 6-17-24)
REFORMATION OF DEVELOPMENT AGREEMENT - 1
RECORDING REQUESTED BY:
FIDELITY NATIONAL TITLE COMPANY
4400 MacArthur Blvd., Suite 200
Newport Beach, CA 92660
Return to:
Irwindale Partners, L.P.
11021 Winner’s Circle, Suite 200
Los Alamitos, CA 90720
_____________________________________________________________________ (SPACE ABOVE THIS LINE FOR RECORDER’S USE)
REFORMATION OF DEVELOPMENT AGREEMENT
THIS REFORMATION OF DEVELOPMENT AGREEMENT (“Reformation”) is entered into as of __________________, 2023 (“Effective Date”), by and among IRWINDALE PARTNERS, L.P., a California limited partnership (“Developer”) and the City of Irwindale (“City”) and acknowledged and agreed to by Irwindale Partners II, LLC, a California limited liability company (“LLC”). Developer, LLC and City (sometimes singularly referred to as a “Party” and collectively as the “Parties”), hereby agree as follows:
1. Facts. This Reformation is made with the following facts in mind:
(a) Developer is the owner of certain parcel of real property more particularly described in Exhibit A of this Reformation (“Property”).
(b) A Development Agreement relating to the Property was entered into by and between the City and LLC dated as of February 12, 2020 (“Development Agreement”).
2. Developer. The Parties agree and acknowledge that the term “Developer” as used in the Development Agreement is hereby amended through reformation (Cal. Civ. Code §3399) to refer to and name “Irwindale Partners, L.P., a California limited partnership,” as of the effective date of the Development Agreement By its signature below, Developer affirms and ratifies each of its obligations under the Development Agreement as though it had been designated as “Developer” in the Development Agreement.
3. Counterparts. This Reformation may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[Signatures on next page]
REFORMATION OF DEVELOPMENT AGREEMENT - 2
IN WITNESS WHEREOF, the Parties have signed this Reformation of Development Agreement as of the date set forth above.
DEVELOPER:
IRWINDALE PARTNERS, L.P.,
a California limited partnership
By: Irwindale Management, LLC,
a California limited liability company
Its: General Partner
By: _________________________
Name: ______________________
Title: _______________________
CITY:
CITY OF IRWINDALE,
a municipal corporation
By: ______________________________
Julian Miranda, City Manager
ATTEST:
By: ______________________________
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
By: ____________________________
Adrian R. Guerra, City Attorney
REFORMATION OF DEVELOPMENT AGREEMENT - 3
ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On _202__ before me,
(insert name and title of the officer)
personally appeared , of
, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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
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.
REFORMATION OF DEVELOPMENT AGREEMENT - 4
ACKNOWLEDGMENT
State of California )
County of )
On _202__ before me,
(insert name and title of the officer)
personally appeared , of
, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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
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.
REFORMATION OF DEVELOPMENT AGREEMENT - 5
ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On _202__ before me,
(insert name and title of the officer)
personally appeared , of
, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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
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.
REFORMATION OF DEVELOPMENT AGREEMENT - 6
EXHIBIT “A”
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Los Angeles, City of Irwindale, and described as follows:
PARCEL 1 OF PARCEL MAP 82551, IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 411, PAGES 35 THROUGH 45 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY.
APN: 8532-001-009
PARCEL 2 OF PARCEL MAP 82551, IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 411, PAGES 35 THROUGH 45 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY.
APN: 8532-001-010
PARCEL 1 OF PARCEL MAP NO. 18724, IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 198, PAGES 77 AND 78 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 8532-001-900
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 1 RECORDING REQUESTED BY:
FIDELITY NATIONAL TITLE COMPANY
4400 MacArthur Blvd., Suite 200
Newport Beach, CA 92660
Return to:
Irwindale Partners, L.P.
11021 Winner’s Circle, Suite 200
Los Alamitos, CA 90720
_____________________________________________________________________ (SPACE ABOVE THIS LINE FOR RECORDER’S USE)
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT (PARCEL 3 and PARCEL 4)
THIS DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION
AGREEMENT (“Assignment”) is entered into as of ______, 2024 (“Effective Date”), by and between IRWINDALE PARTNERS, L.P., a California limited partnership (“Assignor”), and PARK BUILDING 3, LLC, a California limited liability company (“Assignee”). Assignor and Assignee (sometimes referred to as a “Party” and collectively as the “Parties”), hereby agree as follows:
1. Facts. This Assignment is made with the following facts in mind:
(a) Assignor is currently the owner of certain parcel of real property more particularly described in Exhibit A of this Assignment (“Assignor Parcel”). Assignee is a single purpose entity wholly-owned by Assignor. In connection with the financing of the Assignor Parcel, Assignor is contemporaneously executing and delivering to Assignee, a grant deed conveying to Assignee all of the Assignor’s title and interest in the Assignor Parcel. The Assignor Parcel is located within an industrial/commercial park located in the City of Irwindale, Los Angeles County, California known as The Park at Live Oak (“Project”).
(b) A Development Agreement relating to the Project was entered into by and between the City of Irwindale (“City”) and Irwindale Partners II, LLC, a California limited liability company (“IP II”) dated as of February 12, 2020, as adjusted and clarified by that certain Reformation of Development Agreement dated as of September 25, 2023 (as reformed, “Development Agreement”).
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 2
2. Assignment. As of the Effective Date, Assignor hereby transfers and assigns to Assignee all of Assignor’s transferable rights, title and interest as the Developer in, to and under the Development Agreement with respect to the Assignor Parcel only that may be held by Assignor as Developer and may be freely transferred to Assignee. The Parties agree and acknowledge that Assignor shall retain all rights, title and interest as the Developer in, to and under the Development Agreement with respect to the Project except as relates to the Assignor Parcel.
4. Assumption. As of the Effective Date, Assignee hereby accepts the foregoing assignment and assumes all of Assignor’s obligations as the Developer with respect to the Assignor Parcel (and not the Project in general) under the Development Agreement with respect to the period from and after the Effective Date.
5. Indemnification by Assignee. Assignee agrees to indemnify, protect, defend and hold Assignor harmless from and against any and all claims, demands, liabilities, losses, costs, damages or expenses including, without limitation, reasonable attorneys’ fees and costs (collectively, “Claims”) arising as a result of any act, omission or obligation of Assignee arising or accruing with respect to the Development Agreement on or after the date hereof, including, without limitation, any breach of the obligations of the Assignee in this Assignment; provided, however, that Assignee shall have no obligation to provide any indemnification or defense for any injury, damage or conduct occurring prior to the Effective Date.
6. Indemnification by Assignor. Assignor hereby agrees to indemnify, protect, defend and hold Assignee harmless from and against any and all Claims asserted by owners under the Development Agreement arising as a result of any act, omission or obligation of Assignor arising or accruing with respect to the Development Agreement prior to the date hereof, including, without limitation, any breach of the obligations of the Assignor in this Assignment; provided, however, that Assignor shall have no obligation to provide any indemnification or defense for any occurrence or any conduct occurring on or after the Effective Date except as may relate to Assignor’s duties as “Developer” of the Project.
7. No Encumbrance Created or Spread. The execution and recordation of this Assignment is not intended to and shall not encumber or otherwise affect any of the real property.
8. Successors and Assigns. Subject to any limitations and prohibitions in the Development Agreement, the provisions of this Assignment shall be binding upon, and shall inure to the benefit of, the successors and assigns of Assignor and Assignee, respectively.
9. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[Signatures on next page]
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 3 IN WITNESS WHEREOF, the Parties have signed this Development Agreement Assignment and Assumption Agreement as of the date set forth in the first paragraph of this Development Agreement Assignment and Assumption Agreement.
ASSIGNOR:
Irwindale Partners, L.P.,
a California limited partnership
By: Irwindale Management, LLC,
a California limited liability company
Its: General Partner
By: _________________________
Name: ______________________
Title: _______________________
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 4
ACKNOWLEDGMENT
State of California )
County of Los Angeles )
On _202__ before me,
(insert name and title of the officer)
personally appeared , of
, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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
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.
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 5 IN WITNESS WHEREOF, the Parties have signed this Development Agreement Assignment and Assumption Agreement as of the date set forth in the first paragraph of this Development Assignment and Assumption Agreement.
ASSIGNEE:
THE PARK BUILDING 3, LLC,
A California limited liability company
By: Irwindale Partners, L.P.,
a California limited partnership
Its: Sole Member
By: Irwindale Management, LLC,
a California limited liability company
Its: General Partner
By: _________________________
Name: ______________________
Title: _______________________
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 6
ACKNOWLEDGMENT
State of California )
County of )
On _202__ before me,
(insert name and title of the officer)
personally appeared , of
, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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
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.
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 7 EXHIBIT “A”
Legal Description of Assignor Parcel
The land referred to herein is situated in the State of California, County of Los Angeles, City of Irwindale, and described as follows:
PARCEL 3 AND 4 OF PARCEL MAP 82551, IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, FILED IN BOOK 411, PAGES 35 THROUGH 45 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY.
APN: 8532-001-011 AND 8532-001-012
DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT - 8
CONSENT TO DEVELOPMENT AGREEMENT ASSIGNMENT AND ASSUMPTION
AGREEMENT
Pursuant to Section 2.3 of that certain Development Agreement dated February 12, 2020, Developer has the right to assign the Property in whole or in part subject to the terms contained said in Section 2.3. The City hereby consents to the assignment of the Development Agreement to The Park Building 3, LLC, a California limited liability company, as to Parcel 3 and Parcel 4 pursuant to the terms of that certain Development Agreement Assignment and Assumption Agreement.
CITY OF IRWINDALE,
a municipal corporation
By: __________________
Julian Miranda, City Manager
ATTEST:
By: __________________
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
By: __________________
Adrian R. Guerra, City Attorney
ESTOPPEL CERTIFICATE AND ACKNOWLEDGEMENT
(DEVELOPMENT AGREEMENT)
THIS ESTOPPEL AND ACKNOWLEDGEMENT (“Estoppel”), is made for reference purposes only as of ___________________, 2024 and is given by THE CITY OF IRWINDALE, a municipal charter corporation (“City”), and IRWINDALE PARTNERS, LP, a California limited partnership, THE PARK BUILDING 1, LLC, a California limited liability company, and THE PARK BUILDING 2, LLC, a California limited liability company (collectively, “Developer”).
RECITALS
A. City and Developer are parties to that certain Development Agreement dated February 12, 2020, as adjusted and clarified by that certain Reformation of Development Agreement dated September 25, 2023 (“Agreement”).
B. Section 10.13 of the Agreement provides that either party may request an estoppel certificate.
C. Developer requests that the City provide an estoppel to the Agreement.
ESTOPPEL
1. The Agreement is in full force and effect and is a binding obligation of the parties.
2. The Agreement has not been amended or modified either orally or in writing or except by the following:
a. Development Agreement Assignment and Assumption Agreement (Parcel 1) dated December 13, 2023 and recorded as Instrument 20240094319 on February 12, 2024; and b. Development Agreement Assignment and Assumption Agreement (Parcel 2) dated December 13, 2023 and recorded as Instrument 20240094320 on February 12, 2024. c. Development Agreement Assignment and Assumption Agreement (Parcels 3 and 4) anticipated to be approved by the City concurrent with approval of this Estoppel but not yet executed.
3. There is no existing default under the Agreement to the actual knowledge of the parting signing the Estoppel Certificate.
IN WITNESS WHEREOF, this Estoppel has been duly executed and delivered by as of the date first written above.
City: CITY OF IRWINDALE,
a municipal corporation
By:__________________________________
Name:_______________________________
Its:__________________________________
Item #19.K.
Date: July 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Claim Rejection - Fernando Velasquez v. City of Irwindale City Manager's Recommendation:
Staff recommends City Council (1) Reject the claim of Fernando Velasquez vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.
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:
On February 12, 2024, the City received a claim for damages from claimant Fernando Velasquez.
Claimant Velasquez alleges that while driving on the 605 freeway, he encountered a pothole in the roadway that damaged the rim of his vehicle.
The claim was reviewed by the City’s claims adjuster, Carl Warren & Co., who has recommended the rejection of the claim. Their recommendation is made on the basis that the City does not own, control, or maintain the 605 Freeway. Accordingly, staff is recommending that the City Council reject the claim and direct staff to send a standard letter of rejection. Alternatively, the City Council may direct the City Manager to negotiate resolution of the claim.
Fiscal Impact:
None
Attachments:
1. Claim - Fernando Velasquez
2. 20240605 Velasquez Irwindale REJECTION NOTICE TO CITY LETTER CJP-3050783
PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
June 5, 2024
TO: City of Irwindale
ATTENTION: Laura Nieto
RE: Claim : Velasquez vs. Irwindale
Claimant : Fernando Velasquez
Member : City of Irwindale
Date Rec’d by Mbr : 2/13/24
Date of Event : 2/7/24
CW File Number : CJP-3050783 WRV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.
Very Truly Yours,
CARL WARREN & CO.
Timothy M. Varon
Timothy M. Varon
Claims Supervisor
Item #19.L.
Date: July 10, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Fourth Amendment to the Irwindale Fee Agreement for City Attorney Services with Aleshire & Wynder, LLP for Rate Structure Adjustment
City Manager's Recommendation:
Approve the Fourth Amendment to the Irwindale Fee Agreement for City Attorney Services with Aleshire & Wynder, LLP and Authorize the Mayor to Execute Amendment.
Administrative Action:
Submitted / Approved by:
Julian A. Miranda, City Manager
Reviewed by:
Theresa Olivares, Assistant City Manager
Kambiz Borhani, Finance Director / City Treasurer
Background and Analysis:
On June 18, 2003, the City and Aleshire & Wynder, LLP (A&W) entered into the Irwindale Fee Agreement for City Attorney Services (“Agreement”), pursuant to which A&W agreed to provide attorney services to the City. The Agreement was amended on July 11, 2007 and again on January 10, 2018, by which the fee arrangement and billing practices were amended.
Adrian R. Guerra from A&W served the City as Assistant City Attorney from 2015 until July 2020. In July
2020, the City Council appointed him as Interim City Attorney. On September 23, 2020, the City Council removed the “interim” title and appointed him the official City Attorney. The Agreement was amended to reflect this appointment.
Since 2003, A&W has only received two rate adjustments – in 2007 and in 2018. By this proposed amendment, A&W is requesting its first rate adjustment in nearly 7 years to account for significant cost of living increases and inflation during this period.
The current and proposed rate structures are set forth below:
Current Proposed
General
$200/hour (first 50 hours)
$205/hour after
Risk Management/Insurance Defense
$210/hour
Special Projects
$205/hour
Special Services
Partner - $255/hour
Associate - $245/hour
Reimbursable
Partner - $300/hour
Associate - $250/hour
Bonds/Public Finance
$350/hour
Paralegal
$125/hour
Law Clerk
$110/hour
Document Clerk
$60/hour
General Retainer for General Services
Fixed $19,350 for max of 90 hours
$220/hour for all hours above 90 hours
Risk Management/Insurance Defense
$230/hour
Special Projects
$220/hour
Special Services
Partner - $270/hour
Associate - $255/hour
Reimbursable
Partner - $350/hour
Associate - $300/hour
Paralegal/Law Clerks $175/hour
Bonds/Public Finance
$375/hour
Paralegal/Law Clerks $200/hour
Paralegal/Law Clerk
$145/hour
Document Clerk
$100/hour
City staff have reviewed agreements for city attorney services from nearby cities including Alhambra, Azusa, Covina, Duarte, El Monte, Monrovia, and Monterey Park. City staff found the proposed A&W rates are consistent with, and in many cases below, the rates in these cities.
The Agreement also applies to all boards, commissions and entities of the City including the Housing Authority, the Reclamation Authority, and the Successor Agency.
Fiscal Impact:
While rates for various special services are proposed to increase, City staff believes there is an opportunity to reduce the overall amount paid for legal services by the creation of a retainer for general services. With the retainer, the City’s Executive Team in coordination with the City Attorney will aim to reduce the overall hours dedicated to general services to less than 90 hours per month. In so doing, the City would only pay $232,200 per year for general services, which would be a significant reduction overall.
Attachments:
1. Irwindale - 2024 4th Amendment to City Attorney Fee Agreement(995854.1)
01005.0001/995854.1
FOURTH AMENDMENT TO THE IRWINDALE FEE AGREEMENT
FOR CITY ATTORNEY SERVICES
This FOURTH AMENDMENT TO THE IRWINDALE FEE AGREEMENT FOR CITY ATTORNEY SERVICES (“Fourth Amendment”) is made and entered into this 10th day of July, 2024, by and between the City of Irwindale, the Irwindale Successor Agency, the Irwindale Housing Authority, and the Irwindale Reclamation Authority (collectively, “City”), and Aleshire & Wynder, LLP, a California limited liability partnership ("Firm").
R E C I T A L S
A. On or about June 18, 2003, the Firm and the City entered into the Irwindale Fee Agreement for City Attorney Services (“Agreement”), pursuant to which the Firm agreed to provide attorney services to the City.
B. The Agreement was amended on or about July 11, 2007 and again on January 10, 2018, by which the fee arrangement and billing practices were amended.
C. At its meeting on September 23, 2020, the City Council entered into a third amendment to the Agreement to appoint Adrian Guerra as City Attorney, which includes counsel to all boards, commissions and other bodies of the City.
D. The City and Firm now desire to update and amend the fee arrangement and billing practices.
A G R E E M E N T
The recitals contained above are incorporated herein by reference and the Agreement, as previously amended, is hereby amended as follows:
1. Contract Changes.
(a) Exhibit A, entitled "Fee Arrangement" shall be revised by substituting the new Exhibit A attached to this Fourth Amendment.
(b) Exhibit B, entitled "Statement of Billing Practices for Legal Services" shall be revised by substituting the new Exhibit B attached to this Fourth Amendment.
The Agreement applies to all boards, commissions and entities of City.
2. Continuing Effect of Agreement. Except as expressly provided herein, all other terms and conditions shall be as provided in the Agreement, as amended, but in the event of any conflict herewith, the terms hereof shall govern.
3. Effective Date. This Fourth Amendment shall be effective July 1, 2024.
01005.0001/995854.1 Page 2 of 7
4. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Firm 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, as amended, other than as provided herein. Each party represents and warrants to the other that the Agreement, as amended, is currently an effective, valid and binding obligation. Firm represents and warrants to City that, as of the date of this Fourth Amendment, City is not in default of any material term of the Agreement, as amended, and that there have been not events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement, as amended.
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 Fourth Amendment.
6. Authority. The persons executing this Fourth Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Fourth Amendment on behalf of said party, (iii) by so executing this Fourth Amendment, such party is formally bound to the provisions of this Fourth Amendment, and (iv) the entering into this Fourth Amendment does not violate any provision of any other Agreement, as amended, to which said party is bound. [SIGNATURE PAGE FOLLOWS ON PAGE 3]
01005.0001/995854.1 Page 3 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment on the date and year first-above written.
CITY:
CITY OF IRWINDALE
IRWINDALE SUCCESSOR AGENCY
IRWINDALE HOUSING AUTHORITY
IRWINDALE RECLAMATION
AUTHORITY
Albert F. Ambriz, Mayor/Chair
ATTEST:
Laura M. Nieto, Chief Deputy City Clerk/Secretary
FIRM:
ALESHIRE & WYNDER, LLP
By:
Adrian R. Guerra, Equity Partner
01005.0001/995854.1 Page 4 of 7
EXHIBIT “A”
FEE ARRANGEMENT
Effective July 1, 2024, the following fee arrangement shall apply. The City Council shall review and consider rate increases annually thereafter.
I. General Retainer.
A. City shall pay a fixed fee of $19,350.00 per calendar month for up to 90 hours of General Legal Services. City shall pay $220.00 per hour for every hour of General Legal Services after 90 hours have been incurred in a calendar month.
B. General Legal Services are defined below:
1. Preparation for and attendance at City Council meetings, Planning Commission meetings, and any other City meetings requested by the City.
2. Attendance at weekly staff meetings, if requested by the City Manager, meetings with City staff, and meetings with external parties relating to General Legal Services.
3. Providing routine legal advice, consultation, and opinions to the City Council, commissions, or staff.
4. Drafting, editing, and/or review of ordinances, resolutions, and other related official City documents.
5. Drafting, negotiating, and/or review of City agreements.
6. Assisting with any California Public Records Act requests or responses to subpoenas for document production (where the city is not a party).
7. Routine advisory (non-litigation) code enforcement services.
8. Monitoring new legislation and court opinions and updating/advising the City Council, commissions and staff as appropriate.
II. Special Projects.
A. City shall pay $220.00 per hour for Special Projects.
B. Special Projects are services similar in nature to General Legal Services, but may require designation as single project that will be billed separately from the General Retainer due to budgeting or tracking purposes, because a significant amount of time will be dedicated to completion of a single project, or because the project will be ongoing for more than one month. Special Projects shall be preapproved by the City Manager.
01005.0001/995854.1 Page 5 of 7
III. Special Legal Services.
A. City shall pay Partners $270.00 per hour and Associates $255.00 per hour for Special Legal Services.
B. Special Legal Services shall include, but not be limited to, litigation, real estate, public finance, housing, Housing Authority services, Reclamation Authority services, Successor Agency services, personnel, labor negotiations, mining and reclamation, telecommunications, water, toxics, refuse and recycling, franchising, enterprise activities and any major contract negotiation involving more than 10 hours.
IV. Insurance defense or risk management.
A. City shall pay $230.00 per hour.
V. Reimbursable Services.
A. Where there is an opportunity to obtain cost recovery through a private party, City shall pay the hourly rates below which shall be reimbursed by the private party:
Partner - $350/hr.
Associate - $300/hr.
Paralegal/Law Clerks - $175/hr.
VI. Public Finance.
A. For Bond or Financial services in connection with the issuance or potential issuance of debt, loans, certificates of participation including formation of assessment or community facilities districts, etc., the hourly rate shall $375.00 per attorney hour. Paralegal, law clerk, or project specialist time shall be billed at $200.00 per hour.
B. Expenses shall be charged at the cost thereof, which expenses shall include the cost of special tax counsel, if applicable, in an amount not to exceed $5,000.00 and a not to exceed other expenses fee (excluding special tax counsel) of $2,500.00 per bond transaction.
VII. Paralegals, Law Clerks, and Document
A. City shall pay Paralegals and Law Clerks at the rate of $145 per hour.
B. City shall pay Document Clerks at the rate of $100 per hour.
VIII. Costs and Out of Pocket Expenses
A. In addition to the foregoing, the Firm shall be reimbursed for out-of-pocket expenses as described in the attached Exhibit B.
01005.0001/995854.1 Page 6 of 7
IX. This arrangement shall remain in effect until amended.
01005.0001/995854.1 Page 7 of 7
EXHIBIT “B”
STATEMENT OF BILLING PRACTICES FOR EMPLOYMENT OF
LEGAL SERVICES
The Firm’s fees are charged on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30) days after the date of the bill.
The Firm will incur various costs and expenses in performing legal services. These costs and expenses are separately billed to the client and include fees fixed by law or assessed by public agencies, litigation costs including deposition, reporter fees, and transcript fees, long distance telephone calls, messenger and other delivery fees, postage, photocopying (charge of twenty cents ($.25) per page) and other reproduction costs, staff overtime when necessitated and authorized by the client, and computer-assisted research fees when authorized by the client, all based on the actual and reasonable cost (mileage, reproduction and other costs are periodically adjusted in accordance with the Firm’s actual costs).
Travel costs including mileage (current IRS rate), parking, airfare, lodging, meals, and incidentals are charged in connection with administrative or judicial proceedings, or when traveling outside of Los Angeles County. Travel time may also be charged in connection with such proceedings. In addition, the client will be responsible for paying the fees of consultants and other outside experts who are retained after consultation with the client.
It is understood that Firm will generally not charge for mileage or travel time between our office and City facilities, nor for local telephone calls or calls made to the City. In exchange, Firm shall not be charged for calls made or received at the City, whether local or long-distance, or for copying charges since copying onsite will reduce the charge to the client.
The monthly billing statements for fees and costs shall indicate the basis of the fees, including a detailed and auditable breakdown of the hours worked, the billable rates charged and description of the work performed. All bills are expected to be paid within thirty (30) days of the date of the billing statement. In the event any statement remains unpaid for more than thirty (30) days after the date of the statement, interest thereon at the rate of ten percent (10%) per annum shall be due and payable thereafter on the unpaid balance.
Registration fees for attorneys attending conferences and seminars are paid by the Firm and are never charged to the City (unless expressly requested by the City).