Irwindale City Council
July 24, 2024

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

NOTICE AND AGENDA FOR THE SPECIAL AND
REGULAR MEETING OF THE *AMENDED*

CITY COUNCIL

SUCCESSOR AGENCY TO THE

IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

HOUSING AUTHORITY

RECLAMATION AUTHORITY
July 24, 2024
SPECIAL MEETING – 5:30 PM
REGULAR MEETING – 6:30 PM
CLOSED SESSION – CONFERENCE ROOM
OPEN SESSION – CITY COUNCIL CHAMBER
ALBERT F. AMBRIZ - Mayor
LARRY G. BURROLA - Mayor Pro Tem
MARK A. BRECEDA - Councilmember
MANUEL R. GARCIA - Councilmember
H. MANUEL ORTIZ - Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.

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

July 24, 2024

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

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

Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website: https://www.irwindaleca.gov/DocumentCenter/View/8075/AB2449-Reasonable-Accommodation-Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430-2200. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N.

Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

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

July 24, 2024

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

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

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

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

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

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

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

Irwindale City Council

July 24, 2024

SPECIAL MEETING

1. CALL TO ORDER

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

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

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

5. CONSENT CALENDAR
A. Reject the Bid Protest Received from National Pools Inc. for Irwindale Aquatic Center – Main Swimming Pool Renovation Project; P-1062
Department: Engineering
Recommendation: That the City Council reject the bid protest received from National Pools Inc. for the Irwindale Aquatics Center – Main Swimming Pool Renovation Project; P1062.

6. RECESS TO CLOSED SESSION
A. Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Adrian Guerra, Legal Counsel; Mary Hull, Human Resources Manager
Employee Organizations: IMEA, ICEA, IPOA, and Unrepresented Employees B. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1) Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
C. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16154 Arrow Highway (APNS 8417-029-024 and 025) Agency negotiator: Fernando Lopez, Housing Coordinator
Negotiating parties: Rudolfo A. Dominguez Trustee

July 24, 2024

Under negotiation: Price and terms of payment
Property: 14905 Los Angeles Street, Irwindale CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
D. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9 (d)(2), (e)(1) A point has been reached where, in the opinion of the City Council, upon the advice of its legal counsel based on existing facts and circumstances, that there is significant exposure to litigation against the City. The facts and circumstances are those that might result in litigation against the City but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.

Agenda amended on Tuesday, July 23, 2024 @ 5:28 p.m. to add Items 5A, 6C & 6D

7. RECONVENE IN OPEN SESSION

8. REPORT FROM CLOSED SESSION

9. ADJOURNMENT

REGULAR MEETING

10. CALL TO ORDER

11. PLEDGE OF ALLEGIANCE

12. INVOCATION

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

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

15. CHANGES TO THE AGENDA

16. COUNCIL MEMBER TRAVEL REPORTS

17. COUNCILMEMBER COMMENTS

July 24, 2024

18. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS

19. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Irwindale Chamber of Commerce Businesses of the Month:

May 2024 - Royal Coaches
June 2024 - Dave's Auto & Truck Dismantling
July 2024 - Martin Marietta
B. Irwindale Chamber of Commerce Quarterly Update

20. CONSENT CALENDAR
A. Minutes of the Meeting Held June 26, 2024 (Joint Minutes of the Special and Regular Council Meeting and the Regular Successor Agency and Housing Authority Meeting) Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation:

C. City of Irwindale Security Camera and Remote Monitoring System Policy and Procedures Department: Administration
Recommendation: That the City Council approve the City of Irwindale Security Camera and Remote Monitoring System Policy and Procedures.

D. Claim Rejection - Silvia Sheehan v. City of Irwindale Department: City Clerk
Recommendation: Staff recommends City Council (1) Reject the claim of Silvia Sheehan vs. City of Irwindale; and (2) Direct staff to send a letter of rejection.

E. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2024. (Joint item for all agencies) Department: Finance
Recommendation: That the City Council, Successor Agency Board, Housing Authority and Reclamation Authority Boards receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2024.

F. Award of Contract for Construction of the Aquatic Center Swimming Pool Renovation Project; P1062 Department: Engineering

July 24, 2024

Recommendation: That the City Council (1) authorize the City Manager to enter into an agreement with Blue Star Pools, Inc. in the amount of $611,886.69 for the Aquatic Center Swimming Pool Renovation Project; (2) approve a 10% construction contingency on the City of Irwindale’s portion of the project in the amount of $61,188.67 to cover any unforeseeable conditions that may arise during construction
G. Receive and Appropriate grant funds from the United States Department of Justice, Bureau of Justice Assistance, Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program
Department: Police
Recommendation: Adopt Resolution No. 2024-60-3537 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING FEDERAL GRANT FUNDS FOR USE BY THE POLICE DEPARTMENT AND APPROPRIATING A MATCH OF FUNDS" H. Award of Contract for Purchase of Body-Worn and In-Car Camera Systems and Related Services Department: Police
Recommendation: That the City Council approve and authorize the City Manager to enter into a five-year agreement with LensLock for the purchase of body-worn and in-car cameras, related equipment and services.

21. SPONTANEOUS COMMUNICATIONS
This is the time set aside for members of the audience speak on items not on this agenda that are within the City Council’s subject matter jurisdiction. State law prohibits any Council discussion or action on such communications unless 1) the Council by majority vote finds that a catastrophe or emergency exists; or 2) the Council by at least four votes finds that the matter (and need for action thereon) arose within the last five days. Since the Council cannot participate (except as stated), it is requested that all such communications be made in writing to be included on the next agenda for full discussion and action
All members of the public are asked to observe the City’s Rules of Procedure and Public Meeting Decorum. The City’s Rules of Procedure and Public Meeting Decorum can be found on the City’s website, and Chapter 2.40 of the Irwindale Municipal Code. You may also contact the City Clerk’s Office for copies.

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

The Council may regulate a speaker who is speaking too long or out of order, being unduly repetitious, discussing irrelevancies, or extending to items not within its subject matter jurisdiction. Please be

July 24, 2024

reminded that discrimination, abusive use of profanity, unruly disruption, and violent or physically threatening conduct is discouraged. Members of the public shall not disrupt the orderly conduct of the meeting. The Presiding Officer will request that a person cease any disruptive conduct, and if not immediately stopped, will direct the person to be removed from the meeting.

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

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

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

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

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

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

B. Amend Fiscal Year 2024-2025 Adopted Budget to Appropriate $1,500,000 to transfer to California Employers’ Retiree Benefit Trust for Other Post-Employment Benefits Unfunded Accrued Liability Department: Finance
Recommendation: Adopt Resolution No. 2024-55-3532 entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR (FY) 2024-2025 ADOPTED BUDGET TO APPROPRIATE $1,500,000 AND TRANSFERRING IT TO CALIFORNIA EMPLOYERS’ RETIREE BENEFIT TRUST (CERBT) FUND HELD WITH CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) FOR OTHER POST-EMPLOYMENT BENEFITS (OPEB) UNFUNDED ACCRUED LIABILITY (UAL) CONTRIBUTIONS.”
C. Receive Update on City of Irwindale Public Library Improvement Project (Project) and Provide Direction to Staff to Proceed with Finalizing the Plans and Specifications for the Project Department: Library
Recommendation: That the City Council receive staff's update on the City of Irwindale Public Library Improvement Project (Project) and direct staff to proceed with finalizing the plans and specifications for the Project

July 24, 2024

D. Amend Fiscal Year 2024-2025 Adopted Budget to Appropriate $1,500,000 to transfer to City of Irwindale Public Library Improvement Project
Department: Administration
Recommendation: Adopt Resolution No. 2024-58-3535 entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR (FY) 2024-2025 ADOPTED BUDGET TO APPROPRIATE $1,500,000 AND TRANSFERRING IT TO THE CITY OF IRWINDALE PUBLIC LIBRARY IMPROVEMENT PROJECT.”
E. Adoption of a Field Trip Policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, and Irwindale Senior Center
Department: Public Services
Recommendation: That the City Council adopt Resolution No. 2024-56-3533, entitled, “A Resolution of the City Council of the City of Irwindale Adopting a Field Trip Policy for the Dan Diaz Recreation Center, Irwindale Aquatics Center, and the Irwindale Senior Center.” F. Proposed Safety and Environmental Justice Programs for the Housing & General Plan Update Department: Community Development
Recommendation: Discuss potential programs for the Safety Element and Environmental Justice Elements and provide direction to staff and consultant on the proposed programs.

G. Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release and Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement
Department: Engineering
Recommendation:

That the City Council/Reclamation Authority approve the following:

1. Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release; and

2. Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement

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

24. CITY MANAGER’S REPORT

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

July 24, 2024

A. City Parkways - Requested by Mayor Pro Tem Burrola
Department: Public Services
Recommendation: Discuss
B. Rezoning 10-Acre Site - Requested by Mayor Ambriz & Mayor Pro Tem Burrola Department: Community Development
Recommendation: Discuss
C. United Rock Products' Olive Pit (effects of water to operations) - Requested by Mayor Pro Tem Burrola
Department: Engineering
Recommendation: Discuss
D. Illegal Fireworks - Requested by Councilmember Ortiz Department: Police
Recommendation: Discuss

26. ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY

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

28. CONSENT CALENDAR
A. Minutes of the Meeting Held June 26, 2024 (Joint Minutes of the Special and Regular Council Meeting and the Regular Successor Agency and Housing Authority Meeting) Department: City Clerk
Recommendation: Approve
B. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2024. (Joint item for all agencies) Department: Finance
Recommendation: That the City Council, Successor Agency Board, Housing Authority and Reclamation Authority Boards receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2024.

29. SPONTANEOUS COMMUNICATIONS

July 24, 2024

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

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

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

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

32. ADJOURN

HOUSING AUTHORITY

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

34. CONSENT CALENDAR
A. Minutes of the Meeting Held June 26, 2024 (Joint Minutes of the Special and Regular Council Meeting and the Regular Successor Agency and Housing Authority Meeting) Department: City Clerk
Recommendation: Approve
B. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2024. (Joint item for all agencies) Department: Finance
Recommendation: That the City Council, Successor Agency Board, Housing Authority and Reclamation Authority Boards receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2024.

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

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

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

A. Presentation on Policy Change Regarding the Regulatory Agreement for the Substantial Home Rehabilitation Loan & First Time Homebuyer Programs
Department: Administration
Recommendation: Receive presentation and provide direction to staff.

July 24, 2024

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

38. ADJOURN

RECLAMATION AUTHORITY
As required by Government Code section 54954.3, members of the City Council are also members of the Reclamation Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $300 for attending the Reclamation Authority meeting.

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

40. CONSENT CALENDAR
A. Minutes - None for Approval
Department: City Clerk
Recommendation: Approve
B. Investment Quarterly Report for Fiscal Quarter Ending March 31, 2024.

Department: Finance
Recommendation: That the Reclamation Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending March 31, 2024.

C. Investment Quarterly Report for Fiscal Quarter Ending June 30, 2024. (Joint item for all agencies) Department: Finance
Recommendation: That the Reclamation Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2024.

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

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

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

A. Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release and Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement
Department: Engineering
Recommendation: That the City Council/Reclamation Authority approve the following:

July 24, 2024

Amendment No. 1 to United Rock Products Corporation Settlement Agreement and Mutual Release; and
Amendment No. 2 to United Rock Products Corporation SMARA Operation Rights Transfer and Conveyance Agreement

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

44. ADJOURN

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, Housing Authority, and Reclamation Authority, to be held on July 24, 2024, be posted at the City Hall, Library, and Post Office on July 19, 2024. ______________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Item #5.A.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Reject the Bid Protest Received from National Pools Inc. for Irwindale Aquatic Center – Main Swimming Pool Renovation Project; P-1062
City Manager's Recommendation:

That the City Council reject the bid protest received from National Pools Inc. for the Irwindale Aquatics Center – Main Swimming Pool Renovation Project; P1062.

Administrative Action:

Prepared/Submitted by:

Eddie Chan, Director of Engineering / Building Official Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

On June 24 and July 1, 2024, a Notice Inviting Bids for the Irwindale Aquatics Center – Main Swimming Pool Renovation Project (P-1062) (“Project”) project was advertised in the San Gabriel Valley Tribune.

The final submission date for bids on PlanetBids was July 16, 2024 at 10:30 am. The City received (5) bids with the following results:

Contractor Bid Amount
1 Blue Star Pools, Inc. $ 611,886.69
2 National Pools, Inc. $ 914,980.00
3 Condor, Inc. $ 993,000.00
4 California Waters, Inc. $ 1,052,206.00
5 California Commercial Pools, Inc. $ 1,132,000.00
On July 19, 2024, the City noticed its intent to award the contract to Blue Star Pools, Inc. On July 22, 2024, National Pools, Inc., the second lowest bidder, submitted a bid protest letter requesting the City to determine Blue Star Pools, the lowest bidder, as a non-responsible bidder for submitting a bid that is significantly lower than current market value prices, 30% lower than the National pools, Inc., and claiming that this disparity indicates a lack of healthy competition and promotes low bidding practices that negatively impact the construction industry. A copy of the bid protest letter is included as Attachment 1.

The City’s procurement process for public works contracts is governed by the Public Contract Code (Irwindale Municipal Code § 3.44.110), which requires the City to contract with the lowest responsible bidder on all public projects. (Public Contract Code § 20162.) “Responsible bidder” means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. (Public Contract Code § 1103).

Upon review of the submitted bids, Staff has determined that the lowest responsible bidder possesses a valid California contractor’s license, holds a valid Department of Industrial Relations (DIR) registration, is not barred from bidding on public works contracts, and has good references.

Furthermore, a detailed review of the lowest responsible bid revealed that some individual bid items were higher and some were lower compared to the other bidders, which is an indication of no abnormality in the bid and indicates consistency with current market prices. All of this indicates that Blue Star Pools, Inc. has demonstrated that it is the lowest responsible bidder.

In response to a bid protest, the City Council may:
• “Reject” the protest and accept the protested low bid. • “Accept” the protest, reject the protested bid, and accept the next lowest responsible bid. • Reject all bids and rebid the project
Staff evaluated the bid protest and have determined that while the bid protest sets forth general policy concerns in competitive bidding practices, it was insufficiently specific and failed to identify an adequate basis upon which the City could reject the lowest responsible bid. Staff therefore and

recommends that the bid protest be rejected. A copy of the City’s response letter to the bid protest is included as Attachment 2 and Bid Summary/Tabulation is included as Attachment 3.

Staff have notified both Blue Star Pools, Inc., and National Pools, Inc., of Staff’s recommended action and informed them of their opportunity to be heard by the City Council on the issue.

Fiscal Impact:

There is no fiscal impact associated with the rejection of the bid protest. The fiscal impact to award the Project will be considered separately by the City Council on July 24, 2024, when the City Council considers awarding the Project.

Attachments:

1. National Pools, Inc. Protest Letter

2. Response Letter to National Pools, Inc Protest Letter

3. Bid Summary /Tabulation

LETTER OF PROTEST
PROJECT NAME: IRWINDALE AQUATIC CENTER - MAIN SWIMMING POOL PROJECT ADDRESS: 5050 Irwindale Ave. Irwindale, CA 91706 CONTRACTOR: National Pools Inc dba NPI Concrete
DATE OF SUBMITTAL: 7/22/2024
Attention: District’s Procurement and Contract Administrator and City Manager CC: Eddie Chan
After thoroughly reviewing the specifications and requirements outlined in the City of Irwindale's Request for Bids (RFB), NPI has decided to submit a bid protest for the following reasons:
● The apparent lowest bidder is not a responsible bidder. Their estimate is significantly lower than current market value prices, with a discrepancy exceeding 30% compared to the second lowest bidder. This disparity indicates a lack of healthy competition and promotes low bidding practices that negatively impact the construction industry.

Cynthia Zarate is an officer of NPI representing all interests and is the authorized point of contact for this submission.

Signed: ________________________________ Date: _________________ Signature
________________________________
Name & Title
FIRM NAME: National Pools Inc dba NPI Concrete TELEPHONE: (818) 367-9340 ADDRESS: 15439 Monte St Sylmar, CA 91342
[email protected] ∙ P (818) 367-9340 ∙ www.npiconcrete.com ∙ Lic. 963509 B, C-8, C-53, C-46 ∙ DBE: 51275

PUBLIC WORKS ENGINEERING DEPARTMENT
Building & Safety, Engineering, & Mining
5050 N. Irwindale Ave. ● Irwindale, CA 91706 (626) 430-22080 ● www.irwindaleca.gov City of Irwindale
Bid Results for Project Irwindale Aquatic Center - Main Swimming Pool Renovation Project (P-1062) Issued on 06/19/2024
Bid Due on July 16, 2024 10:30 AM (PDT)
Item
No. Description
Unit of
Measure Quantity
Blue Star
Pools

NATIONAL

POOLS DBA
NPI CONCRETE Condor, Inc.

California
Waters
California
Commercial
Pools, Inc
1 Pre-construction Permitting Process and Approvals from Various Agencies (Building & Safety, LA County Health Department & etc.) LS 1 $7,683.22 $32,710.00 $61,000.00 $18,281.00 $20,000.00 2 Mobilization LS 1 $23,551.87 $15,000.00 $99,000.00 $92,513.00 $30,000.00 3 Demolition, Removal, Disposal & Site Preparation of Pool Plaster and Deck Replacement LS 1 $77,042.88 $170,000.00 $230,000.00 $182,543.00 $221,000.00 4 Main Pool Replastering, Tile Replacement and Includes All Necessary Items to Fully Replaster the Swimming Pool LS 1 $155,464.38 $291,330.00 $182,000.00 $290,735.00 $398,000.00 5 Main Pool Deck Replacement LS 1 $137,852.00 $58,440.00 $260,000.00 $240,098.00 $332,000.00 6 Main Pool ADA Compliant Accessibility Modification LS 1 $4,995.12 $60,000.00 $20,000.00 $4,187.00 $5,000.00 7 Main Pool Safety Markers Replacement LS 1 $14,985.54 $19,200.00 $9,000.00 $9,233.00 $7,000.00 8 Main Pool Drain Covers Replacement LS 1 $11,488.50 $4,500.00 $5,000.00 $2,560.00 $2,000.00 9 Main Pool Gutter Waterproofing/Replastering LS 1 $30,569.40 $9,000.00 $10,000.00 $17,887.00 $9,000.00 10 Surge Tank Waterproofing/Replastering LS 1 $18,381.60 $80,000.00 $6,000.00 $6,242.00 $10,000.00 11 Remove and Replace All Existing Pool Underwater Light Fixtures with Underwater LED Light Fixtures LS 1 $35,964.32 $40,000.00 $18,000.00 $28,132.00 $30,000.00 12 Springboard/Diving Boards & Tower Refinishing LS 1 $50,949.23 $30,000.00 $38,000.00 $112,338.00 $30,000.00 13 Furnish and Install ADA Compliant Pool Lift with 450 LB Lifting Capacity EA 1 $25,974.68 $17,800.00 $10,000.00 $7,812.00 $8,000.00 14 Structural Engineer & Civil Engineer Design Necessary to Construct the Project. (Deck Replacement and ADA Compliance Accessibility Modification) LS 1 $4,995.84 $65,000.00 $25,000.00 $16,613.00 $5,000.00 15 Swimming Pool Start-Up Process 30 Calendar days LS 1 $11,988.11 $22,000.00 $20,000.00 $23,032.00 $25,000.00 Subtotal $611,886.69 $914,980.00 $993,000.00 $1,052,206.00 $1,132,000.00 Total $611,886.69 $914,980.00 $993,000.00 $1,052,206.00 $1,132,000.00

QUARTER 4 REPORT
APRIL - JUNE 2024
Irwindale Chamber of
Commerce
It is the mission of the Irwindale Chamber of Commerce to build solid relationships and provide quality services which support chamber members and businesses, to drive the economic
vitality of the community.

CORE VALUES
We are Strong Communicators
We are Innovators
We are Connectors
We are Promoters of Growth
We are FUN!
Our goal is to become an outward facing organization focusing on the competitive assets of the City of Irwindale. We are confident that this approach will elevate our chamber’s role as the principal convener of Irwindale business and community, as we all work toward the common goal of advancing the economic vitality of the region.

PROMOTING BUSINESS NETWORKING

THROUGH SPORTS & ENTERTAINMENT
43RD ANNUAL GOLF TOURNAMENT

Statistics
Presenting sponsor: Yellow Iron
Date: Monday, May 13
Location: Glendora Country Club
Time: ALL DAY!
Purpose: REST-RELAXATION-NETWORKING
Expense: $30,000
Revenue: $64,000
Profit: $34,000 (new high)
Attendance: SOLD OUT!
Highlights:
• All you can eat sushi/sashimi stand,
• All-you-can-eat gourmet dessert bar,
• Magic Castle auction tickets,
• Helicopter show/ball drop,
• Live jazz band

ADVOCACY: PROMOTING LEGISLATIVE

AWARENESS AND INFLUENCE

LEGISLATIVE LUNCHEON

Statistics
Presenting sponsor: Citrus Valley Association of Realtors Date: Friday, June 14, 2024
Location: Via Verde Country Club, San Dimas
Time: 11:30 am – 1:30 pm
Purpose: Legislative awareness and influence
Expense: $5,500
Revenue: $13,500
Profit: $8,000
Attendance: 70

PROMOTING ECONOMIC DEVELOPMENT
& LOCAL EMPLOYMENT
Job Fair

Statistics
Presenting sponsor: IDS
Date: Tuesday, June 25, 2024
Location: The Irwindale Speedway
Time: 11 am – 2:30 pm
Purpose: Employment
Expense: $4,000
Revenue: $19,800
Profit: $15,800 (new high)
Attendance: ~400
Highlights:
• Free donated food and drinks ,
• 25% law enforcement present,
• 25% non-profit promotion,
• Live jazz band

PROMOTING EXCELLENCE

BUSINESS OF THE MONTH
April: City of Hope
May: Royal Coaches
June: Dave’s Auto & Truck Dismantling

PROMOTING THE LOCAL ECONOMY
5 new chamber members:

Dream Style / Reborn
Glendora Country Club
Hilton Garden-Inn Pasadena
2 Men and A Truck
Express Employment Professionals

UPCOMING EVENTS in Q1/FY24-25
Bi-monthly E-Newsletter
July 15
Multi-Chamber Networking Breakfast
July 26
Small Business Series Workshop
Aug 22
Joint chamber breakfast mixer
Sept 17
Legislative luncheon
Sept 27

Thank You to our 2024 Cornerstone Club!

For over 40 years the Irwindale Chamber has been and
continues to be a strong ally and partner for the City of Irwindale.

Irwindale Chamber of Commerce
5155 Irwindale Ave.

P.O. Box 2307 Irwindale, CA 91706
(626) 960 6606 www.irwindalechamber.org
Lily Phan
President & CEO
Ashley Bendanillo
Communications Coordinator/Staff Assistant

Thank you City of Irwindale for your
sponsorship and support!

IRWINDALE CITY COUNCIL CHAMBERS
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706
Wednesday, June 26, 2024
6:30 PM
The Irwindale City Council met in Regular Session at the above time and place

SPECIAL MEETING

CALL TO ORDER
The meeting was called to order at 5:32 p.m.

ROLL CALL:

Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem; Larry G. Burrola; Mayor Albert F. Ambriz Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES
There were no AB 2449 disclosures.

SPONTANEOUS COMMUNICATIONS
There were no speakers.

RECESS TO CLOSED SESSION
At 5:36 p.m., the City Council recessed to Closed Session to discuss the following:

ITEM NO. 5.A Conference with Labor Negotiator
Pursuant to California Government Code Section 54957.6
Agency Designated Representatives: Julian A. Miranda, City Manager; Adrian Guerra, Legal Counsel; Kambiz Borhani, Finance Director; Mary Hull, Human Resources Manager
Employee Organizations: IMEA, ICEA, IPOA, and Unrepresented Employees
Agency Designated Representative: Julian A. Miranda, City Manager Unrepresented Employee: Adrian Guerra, City Attorney
Action for Employee Organizations Item: Update provided, no direction provided; no action taken.

Action for City Attorney Item: Information provided, direction provided to staff; no reportable action.

ITEM NO. 5.B Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1) Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394

City Council Minutes June 26, 2024
Regular Session PAGE 2
Action: Information provided regarding litigation, direction provided to the City Manager; no reportable action taken (Councilmember Breceda did not participate due to a potential conflict of interest).

ITEM NO. 5.C Conference with Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54956.9 (d)(4)] Number of Cases: One
*Agenda amended on Tuesday, June 25, 2024 @ 4:55 p.m. to add Item C
Action: Straws were drawn to determine who amongst Councilmembers Breceda, Ortiz, and Mayor Pro Tem Burrola could participate in the discussion. It was decided that Mayor Pro Tem Burola could participate; Councilmembers Breceda and Ortiz did not participate. Information provided to the City Council, direction provided to staff; no reportable action.

RECONVENE IN OPEN SESSION
The City Council reconvened in Open Session at 6:48 p.m. with all members present.

REPORT FROM CLOSED SESSION
City Attorney Guerra reported the results of the Closed Session discussions.

ADJOURNMENT
There being no further items to discuss, the special meeting was adjourned at 6:52 p.m.

REGULAR MEETING

CALL TO ORDER
The regular meeting was called to order at 6:52 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was conducted.

INVOCATION
The invocation was conducted.

ROLL CALL:

Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem; Larry G. Burrola; Mayor Albert F. Ambriz Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Christopher Hofford, Chief of Police; Theresa Olivares, Assistant City Manager; Kambiz Borhani, Director of Finance / City Treasurer; Eddie Chan, Director of Engineering / Building Official; Marilyn Simpson, Community Development Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES
There were no AB 2449 disclosures.

City Council Minutes June 26, 2024
Regular Session PAGE 3

CHANGES TO THE AGENDA
City Manager Miranda noted that an update to Item No. 19I was provided to the Council at the dais. He also advised that Item Nos. 19J and 24B will be pulled from the agenda and would not be discussed.

COUNCIL MEMBER TRAVEL REPORTS
Mayor Pro Tem Burrola and Councilmember Ortiz reported on their attendance at the National Association of Latino Elected Officials ("NALEO") conference.

COUNCILMEMBER COMMENTS
Mayor Ambriz thanked all those that attended last week's State of the City event, particularly Assistant to the City Manager Espino, who organized the event.

Mayor Pro Tem Burrola thanked the Recreation Department for arranging the recent fishing trip and requested holding another fishing trip.

Councilmember Breceda agreed that the residents really enjoyed the fishing trip.

INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
None.

PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
ITEM NO. 18.A Oath of Office to Commissioner Casey J. Miranda The Oath of Office was administered to Planning Commissioner Casey J. Miranda.

ITEM NO. 18.B Proclamation - Parks Make Life Better Month The proclamation was made.

CONSENT CALENDAR
A motion was made by Councilmember Breceda, seconded by Councilmember Ortiz, to approve the Consent Calendar, reading ordinances by title only and waiving further reading thereof, with Councilmembers Breceda and Garcia abstaining on Item No. 19L, and Item 19J having been removed from the agenda by City Manager Miranda. The motion was unanimously approved.

ITEM NO. 19.A Joint Minutes of the City Council, Housing Authority, and Reclamation Authority meeting held May 29, 2024
Approved
ITEM NO. 19.B Warrants / Demands / Payroll
Approved
ITEM NO. 19.C Accepting and approving the FY 2024-2025 operating budget, reallocation of previously donated funds, and carryforward of previous year's budget of the Irwindale Community Foundation

City Council Minutes June 26, 2024
Regular Session PAGE 4
Approved
ITEM NO. 19.D Fee Waiver for Use of the Dan Diaz Recreation Center for the 4-Day Vote Center - November 5, 2024
Approved
ITEM NO. 19.E 2nd Reading - Ordinance No. 778
Approved
ITEM NO. 19.F Approval of Contract Agreement between Los Angeles County Department of Animal Care and Control and City of Irwindale for Animal Care & Control Services
Approved
ITEM NO. 19.G Approve the First Amendment to the Contract Services Agreement for the Senior Center Nutrition Program
Approved
ITEM NO. 19.H Award of Contract for Janitorial Services for City of Irwindale Facilities Approved
ITEM NO. 19.I Approve the Purchase of an ADA Van
Approved
ITEM NO. 19.J Amendment No. 1 to Reimbursement Agreement with LIT Reliance II, LP (Clarion & Trammel Crow)
This item was removed from the agenda.

ITEM NO. 19.K Award Willdan Financial Services Contract for Formation of Community Facilities District
Approved
ITEM NO. 19.L Acceptance of the Dan Diaz Recreation Center Reroofing Project; P-1063 Approved; Councilmembers Breceda and Garcia abstaining.

ITEM NO. 19.M Request to Approve a Funding Memorandum of Agreement Between the Cities of Azusa, Duarte, and Irwindale, and the San Gabriel Valley Council of Governments
Approved.

SPONTANEOUS COMMUNICATIONS
Robert Diaz asked whether an action driven by a voter initiative could be changed by the Council, to which City Attorney Guerra stated that he would speak to Mr. Diaz separately.

City Council Minutes June 26, 2024
Regular Session PAGE 5
Fred Barbosa thanked the City for the Mayor's State of the City Address and the wonderful food served during the event. He also commended Trammell Crow for the contributions they've made related to their billboards.

Ruth Quejia, speaking on behalf of the Aguayo family, spoke on the difficulties the family has experienced in its attempts to sell their house, to which City Manager Miranda advised that staff is working on the matter and that additional information will be provided to the Council at its July 10 meeting.

Ruth Quejia spoke on her interpretation of the City's housing program documents.

John Scarff with the Brad Korb Real Estate Group spoke in favor of expediting the sale of the Aguayo house.

NEW BUSINESS
ITEM NO. 21.A Consideration of Appointment of ICF Boardmembers City Manager Miranda requested that the Council consider extending the application period for an additional two weeks, with the item to be returned for Council consideration at its meeting of July 24.

A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to approve the extension of the application period as requested by City Manager Miranda. The motion was unanimously approved.

ITEM NO. 21.B Review of Second Comment Letter from the California Department of Housing & Community Development (HCD) Regarding the City's Draft Housing Element and Direction for Response
Director Simpson presented the report and introduced Matt Koda, with the City's consulting firm, BAE, who discussed the summary characteristics of the housing sites.

City Attorney Guerra noted that this item would involve deciding on two matters: the City's housing policy and a discussion relating to Allen Drive. He recommended that Councilmember Breceda recuse himself once the discussion on Allen Drive begins.

In response to a question by Councilmember Ortiz, Director Simpson advised that HCD has recommended that the city reduce its residency preference requirement from 15 years to three years.

Suzanne Gomez stated her understanding that HCD is merely a recommending body and stated that other cities have challenged HCD recommendations. She suggested that the Council indicate to the HCD that the City is reluctant to modify the policies that have historically governed City programs.

Responding to a question by Councilmember Breceda, City Attorney Guerra stated that, should the Council decide against implementing HCD's recommendation and retain its existing

City Council Minutes June 26, 2024
Regular Session PAGE 6
policy, HCD would probably withhold their approval of the housing element since it believes the policy is an impediment to fair housing. He noted that the decision lies within the Council's discretion. However, if it is not implemented, the HCD may not approve the City's housing element.

Mayor Pro Tem Burrola thanked staff for the report and stated that he is pleased that the HCD only had two minor issues it wished to address with regard to the draft housing element.

Councilmember Garcia noted that changes were made to the Las Casitas program guidelines that seem to be working fine. He added that the Council should consider the change requested by the HCD in order to finalize the draft Housing Element and that he is in favor of changing the long-term residency clause from 15 years to three.

Mayor Ambriz agreed that the residency requirement should be lowered to three years from 15 in order to promote affordable housing.

A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Breceda, to lower the residency requirement in the city's housing policies from 15 years to three. The motion was unanimously approved.

At 7:42 p.m., Councilmember Breceda and City Manager Miranda recused themselves from discussing the remaining portion of this item as it relates to Allen Drive and exited the Council Chambers.

Matt Koda then discussed the Allen Drive site and noted that HCD is looking for specifics about the development of the site. He noted that staff is adding data relating to key milestones, such as the approval of entitlements and the issuance of building permits. He added that, should the Council approve the proposed timeline, nothing would prohibit the Council from moving even quicker with the development if the City is in a position to do so. He also noted that, should the City not move forward with this specific site, HCD would like for the City to submit alternate sites that could accommodate the housing needs targeted with the Allen Drive site.

Mayor Ambriz stated that he was in favor of approving the timelines and milestones as recommended by the consultant, though he would prefer that housing be developed as quickly as possible.

Mayor Pro Tem Burrola concurred and stated that he would prefer to see housing units developed more quickly than what is mentioned in the proposed milestones.

Councilmember Ortiz agreed that the project should move as quickly as possible.

Councilmember Garcia agreed and noted that the funding would also need to be addressed.

He recommended moving forward.

Fred Barbosa asked whether housing would be built to take up the entire 10-acre site, to which Director Simpson stated that this would be one of the first items to be addressed by the Council and Housing Authority Board.

City Council Minutes June 26, 2024
Regular Session PAGE 7
Mayor Ambriz emphasized his desire to rezone the site.

Mayor Pro Tem Burrola asked what would occur should there be a lack of funding for the development of housing, to which City Attorney Guerra stated that he was unsure, and that the HCD may try to compel the City to comply with its housing element.

Responding to an additional question by Mayor Pro Tem Burrola, City Attorney Guerra noted that the HCD would appreciate that the City make reasonable efforts for the development of housing, though the opposite would also be true. He also noted that the next housing element would be adopted in 2032.

Director Simpson noted that City staff provide yearly progress reports to HCD regarding its housing element. She added that, should there be difficulty identifying funding, but can demonstrate that the City has made good-faith efforts in meeting milestones, the HCD would likely be understanding. She also noted that staff pointed to its linkage fee to provide funding for affordable housing, so it could be demonstrated that the City has made funding progress.

Mayor Ambriz encouraged the Council to be innovative in seeking funding sources.

Matt Koda stated that redevelopment law stipulates that a city's primary responsibility is to provide sites and have appropriate zoning so that developers could build housing. If a developer is unable to develop housing within the timelines outlined, this may signal to the HCD that the site may not be appropriate. He noted the need to fully accommodate RHNA ("Regional Housing Needs Assessment") and work to identify other sites with proper housing in order to do so. He noted that, if it appears that housing development is not making progress, the HCD would request that the City search for other viable sites.

A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tem Burrola, with regard to the May 3, 2024, comment letter from HCD, to include Local Preference Policy for Housing Programs to be amended from fifteen years to thirty-six (36) months, and the following milestones for Allen Drive: 1) completion of rezoning: December 2024/January 2025; 2) approval of final entitlements: December 2026; 3) issuance of building permits: June 2027.

The motion was unanimously approved; Councilmember Breceda absent.

Director Simpson then briefly reviewed next steps to be taken.

At 7:59 p.m., Counclmember Breceda and City Manager Miranda returned to the Council Chambers.

ITEM NO. 21.C Irwindale Park Improvement Project Update - Verbal Report City Attorney Guerra noted that, although Councilmembers Breceda and Garcia own property within 500 feet of the subject site, they could remain for the update since no action by the Council is recommended or anticipated.

Director Chan provided the update.

Fred Barbosa noted that amenities were not installed in the section of the park near his home, to which Director Rodriguez noted that a concrete benches have been ordered and will be

City Council Minutes June 26, 2024
Regular Session PAGE 8
installed at the section near Calle de Paseo and Allen Drive.

Councilmember Garcia noted that there appear to be fewer barbecue grills at the north side of the park, to which Director Rodriguez advised that some barbecue grills had to be moved around but noted that extra grills were provided to the contractor for installation, though she was not sure whether these had been installed yet. Councilmember Garcia also asked whether the contractor would maintain the park grounds for the next year since city staff does not have the equipment needed to do so, to which Director Rodriguez advised that the contractor will provide weekly maintenance with assistance from city crews. She also noted that a row mower has been ordered for the City though it appears that it would not be available until December. Councilmember Garcia also asked about training for City staff, to which Director Rodriguez indicated that staff has already received training for the care of grass/sod and for weed abatement.

Councilmember Breceda noted that the cornhole bags do not seem to slide well on the boards, to which Director Rodriguez advised that staff has added this to the punchlist items for the contractor to address. Councilmember Breceda also expressed concern over maintenance of the grass in light of the late delivery of the row mower, to which Director Rodriguez stated that staff will probably rent one in the meantime. Councilmember Breceda noted that need to aerate and feed the new grass, to which Director Rodriguez indicated that staff has aerators and noted that need for a Maintenance Lead Worker to oversee park maintenance.

Councilmember Breceda commended the park's lighting and said it looks great.

Councilmember Ortiz stated that he has received comments from individuals complimenting the beautiful new park.

Linda Marez congratulated the Council for the beautiful park and wished for the restrooms to remain well-maintained.

Mayor Ambriz commended Directors Chan and Rodriguez and their staff for working hard to ensure the completion of the park improvement project.

PUBLIC HEARINGS
ITEM NO. 22.A Adoption of the Fiscal Year 2024-25 Budget Director Borhani presented the budget report and made a PowerPoint presentation.

Mayor Pro Tem Burrola asked about revenue, to which Director Bohani explained the revenues that the city expects to receive.

In response to a comment from Councilmember Garcia, Director Borhani discussed overall expenditures and noted that the total expenditure for the Police Department amounts to $9.5 million.

Councilmember Breceda asked about the timeline for the completion of the block wall project on Morada Street, to which Director Chan stated that construction could start in December or January, though staff will attempt to speed it up.

City Council Minutes June 26, 2024
Regular Session PAGE 9
At 8:30 p.m., Mayor Ambriz opened the public hearing.

Fred Barbosa stated that the Council is improperly using mining funds, to which City Manager Miranda advised that financial assurances are in place and, as a result, the city is not misusing mining funds.

Councilmember Breceda added that the financial assurances put in place continuously replenish themselves.

There being no additional speakers, Mayor Ambriz closed the public hearing at 8:33 p.m.

A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Breceda, to adopt Ordinance no. 779, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025," reading by title only and waiving further reading thereof. The motion was unanimously approved.

ITEM NO. 22.B Adoption of Resolution to Amend the Zoning Map to Address Inconsistencies on Various Parcels of Land and First Reading and Introduction of Ordinance No. 780 to Rescind Ordinance Nos. 195 and 200 to Remove Inconsistent Regulations Related Thereto
City Attorney Guerra recommended that Councilmember Breceda recuse himself from discussing this matter.

Councilmember Breceda left the Council Chambers at 8:35 p.m.

Senior Planner Jones presented the report.

At 8:41 p.m., Mayor Ambriz opened the public hearing.

Robert Diaz requested that the Council postpone the matter and not vote on it tonight. He questioned zoning on Ambriz Street and spoke on difficulties he said were experienced by Deeton Plumbing in trying to establish their business due to zoning map conflicts. He also stated that commercial zoning in the Meridian/Mountain Avenue area of the city was set up through a voter initiative and asked whether any modification would also need to be done through a voter initiative. He also spoke in favor of rezoning the Mangielly property near Morada Street from M1 to residential.

Senior Planner Jones noted that, with regard to the commercial-zone area on Ambriz Street, staff completed a tentative tract map several years ago to subdivide the parcels and create a cul-de-sac and construct houses. She noted that these were zoned C-3 and single-family houses were permitted by right. Additionally, zoning for the area was changed through ordinances and not through a voter initiative. She noted that staff wishes to rescind old ordinances and replace them with a new one to keep them consistent with R1. She also noted that she was unable to find any information regarding the plumbing business that Mr. Diaz spoke about, though she noted the possibility that a business was perhaps denied since it did not comply with the area's zoning.

There being no additional speakers, Mayor Ambriz closed the public hearing at 8:46 p.m.

City Council Minutes June 26, 2024
Regular Session PAGE 10
A motion was made by Councilmember Ortiz, seconded by Mayor Pro Tem Burrola, to adopt Resolution No. 2024-38-3515, entitled: “A Resolution of the City Council of the City of Irwindale adopting Zone Change No. 01-2024 and modifying the City of Irwindale Zoning Map to 1) Rezone Parcels from M-1 (Light Manufacturing) Zone to R-1 (Single-Family Residential) Zone located at: 730 Meridian Street (APN 8534-001-004), 716 Meridian Street (APN 8534- 001-025), 714 Meridian Street (APN 8534-001-026), 740 Meridian Street (APN 8534-001- 057), 726 Meridian Street (APN 8534-001-109), 737 Shrode Avenue (APN 8534-001-013), 731 Shrode Avenue (APN 8534-001-014), 727 Shrode Avenue (APN 8534-001-015), 2419 Citrusview Avenue (APN 8534-001-053), 2425 Citrusview Avenue (APN 8534-001-054), 2424 Citrusview Avenue (APN 8534-001-055), 2412 Citrusview Avenue (APN 8534-001-056), (APN 8534-001-952), (APN 8534-001-953), (APN 8534-001-954), 2414 Park Rose Avenue (APN 8534-001-093), 2436 Park Rose Avenue (APN 8534-001-096), 2448 Park Rose Avenue (APN 8534-001-097), 2449 Park Rose Avenue (APN 8534-001-098), 2437 Park Rose Avenue (APN 8534-001-099), 2402 Park Rose Avenue (APN 8534-001-106), 2408 Park Rose Avenue (APN 8534-001-107), 2424 Park Rose Avenue (APNS 8534-001-115, 8534-001-116), 2400 Ruelas Street (APN 8534-001-072), 2416 Ruelas Street (APN 8534-001-075), 2440 Ruelas Street (APN 8534-001-078), 2446 Ruelas Street (APN 8534-001-079), 2447 Ruelas Street (APN 8534-001-080), 2439 Ruelas Street (APN 8534-001-081), 2415 Ruelas Street (APN 8534-001- 084), 2406 Ruelas Street (APN 8534-001-102), 2409 Ruelas Street (APN 8534-001-104), 2401 Ruelas Street (APN 8534-001-105), 2426 Ruelas Street (APNS 8534-001-111, 8534- 001-112), 2425 Ruelas Street (APNS 8534-001-113, 8534-001-114); and 2) rezone parcels from C-3 (Heavy Commercial-Residential) Zone to R-1 (Single-Family Residential) Zone located at: 701 Ambriz Street (APN 8534-001-120), 705 Ambriz Street (APN 8534-001-121), 709 Ambriz Street (APN 8534-001-122), 713 Ambriz Street (APN 8534-001-123), 708 Ambriz Street (APN 8534-001-124), 704 Ambriz Street (APN 8534-001-125), 700 Ambriz Street (APN 8534-001-126), 2416 Mountain Avenue (APN 8534-001-039), 2408 Mountain Avenue (APN 8534-001-058), and find the project exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3)." The motion was unanimously approved; Councilmember Breceda absent.

A motion was made by Mayor Pro Tem Burrola, seconded by Councilmember Ortiz, to introduce 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 CommercialResidential) and Ordinance No. 200 in its entirely, which rezoned properties located on Citrusview Avenue, Park Rose Avenue and Ruelas Street to M-2 (Heavy Manufacturing), and finding the project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3)," reading by title only and waiving further reading thereof. The motion was unanimously approved; Councilmember Breceda absent.

CITY MANAGER’S REPORT
At 8:49 p.m., Councilmember Breceda returned to the Council Chambers.

City Manager Miranda provided the following update:
1) The dedication of the Margaret Diaz Pavilion at Irwindale Park has been scheduled for June

28. 2) City offices will be closed on July 4 in observance of Independence Day.

City Council Minutes June 26, 2024
Regular Session PAGE 11
3) Applications for the open part-time Library Page position will be accepted through July 5. 4) The Recreation Department's 3rd Annual Red, White, and You BBQ event will be held on June 29.
5) The 4th of July Fireworks Spectacular Show will be held at 9:00 pm at Irwindale Park.

At 8:51 p.m., the Council took a short recess.

At 8:58 p.m., the meeting resumed with all members present.

FUTURE AGENDA ITEMS REQUESTED BY COUNCIL MEMBERS
ITEM NO. 24.A Update on Current Development Projects - Requested by Mayor Ambriz City Manager Miranda noted that a list of sites has been compiled by the Planning Department, including the following sites:
825, 835, 855, and 863 Alpha Street
1270 Arrow Highway
2200 Arrow Highway
4500 Azusa Canyon Road
4981 Irwindale Avenue
6520 Irwindale Avenue
14005 Live Oak Avenue
15715 Arrow Highway
13620 Live Oak Avenue
14801 1st Street
1600 Arrow Highway
500 Speedway
4407 Azusa Canyon Road
4416 Azusa Canyon Road
City Manager Miranda provided brief descriptions of the activity of each of the sites.

Mayor Ambriz stated that he was expecting a written report from the Planning Department since residents have been asking about the status of certain projects.

City Manager Miranda indicated that staff is available to answer specific questions and that, should the Council wish for a detailed report, one could be provided at the next Council meeting.

Mayor Ambriz requested a more detailed report, especially concerning the Speedway site.

With respect to the Speedway site, Director Simpson advised that a draft environmental impact report ("EIR") is currently under review by staff and the city's consultant, which is reviewing aspects including air quality, noise, and traffic issues. Once done, corrections may be needed. The following step would be to have the draft EIR circulated for a 45-day public review.

Mayor Ambriz requested that the written report include impact mitigation information.

City Council Minutes June 26, 2024
Regular Session PAGE 12
Director Simpson stated that this information could be provided along with a map identifying all the indicated sites.

ITEM NO. 24.B Discussion on Reliance II / Clarion Project (Irwindale Business Center North) - Requested by Mayor Ambriz
This item was removed from the agenda and was not discussed.

ADJOURN
There being no further items to discuss, this portion of the meeting was adjourned at 9:09 p.m.

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY The meeting was called to order at 9:09 p.m.

AB 2449 DISCLOSURES
There were no AB 2449 disclosures.

CONSENT CALENDAR
MOTION A motion was made by Councilmember Breceda, seconded by Mayor Pro Tem Burrola, to approve the Consent Calendar. The motion was unanimously approved.

ITEM NO. 27.A Minutes - None for Approval
No minutes for approval.

ITEM NO. 27.B Warrants / Demands / Payroll
Approved

SPONTANEOUS COMMUNICATIONS
Robert Lopez thanked the Council on behalf of the Senior Commission for approving the commissioners' attendance at conferences. He also thanked the Council for approving the fishing trip and stated that he had the opportunity to network on the trip.

NEW BUSINESS
None.

PUBLIC HEARINGS
None.

ADJOURN
There being no further items to discuss, this portion of the meeting was adjourned at 9:11 p.m.

HOUSING AUTHORITY
The meeting was called to order at 9:12 p.m.

AB 2449 DISCLOSURES
There were no AB 2449 disclosures.

City Council Minutes June 26, 2024
Regular Session PAGE 13

CONSENT CALENDAR
MOTION A motion was made by Board Member Ortiz, seconded by Board Member Breceda, to approve the Consent Calendar. The motion was unanimously approved.

ITEM NO. 33.A Joint Minutes of the City Council, Housing Authority, and Reclamation Authority meeting held May 29, 2024
Approved
ITEM NO. 33.B Minutes of the Meeting Held June 3, 2024
Approved

SPONTANEOUS COMMUNICATIONS
Fred Barbosa stated that Five Points has violated their permit and requested Code Enforcement action.

NEW BUSINESS
ITEM NO. 35.A Review of Second Comment Letter from the California Department of Housing & Community Development (HCD) Regarding the City's Draft Housing Element and Direction for Response (Joint Item with City Council) See Item 21B.

PUBLIC HEARINGS
None.

ADJOURN
There being no further items to discuss, the meeting was adjourned at 9:13 p.m. ____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Approved as submitted at the meeting held __________

Accounts Payable
User:

Printed:
imarin
7/18/2024 4:24 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
102123 AZUSALW Azusa Light & Water 07/03/2024 537.77
102124 BURGUA01 Rene Burguan 07/03/2024 1,300.00
102125 CHARTE01 Charter Communications 07/03/2024 369.67 102126 SOUTHE17 Golden State Water Company 07/03/2024 932.92 102127 HOYEN Noelle Hoye 07/03/2024 980.00
102128 OFFICE03 ODP Business Solutions, LLC 07/03/2024 469.00 102129 PEER01 Peerless Network, Inc 07/03/2024 2,780.88 102130 PURCHA Purchase Power 07/03/2024 2,030.00
102131 RUGG01 Timothy Allen Ruggio Jr. 07/03/2024 450.00 102132 GASCOM SoCalGas 07/03/2024 1,514.27
102133 VALLEY01 Valley County Water District 07/03/2024 16,455.58 102134 VALLEY09 Valley View Mutual Water Co. 07/03/2024 89.22 102135 PMIDEN01 Delta Dental of California 07/03/2024 13,379.69 102136 SANGAB20 San Gabriel Valley City Managers' Association07/03/2024 75.00 102137 SECRET01 Secretary of State 07/08/2024 40.00
102138 ALLIAN Alliant Insurance Services, Inc. 07/11/2024 537.00 102139 AMAZON1 Amazon Capital Services, Inc. 07/11/2024 2,285.36 102140 Ayala01 Leonor Ayala 07/11/2024 509.00
102141 BALLI01 Shayna Balli 07/11/2024 466.53
102142 BELTRA Eloise Beltran 07/11/2024 66.30
102143 CAMPOS03 Manuel Campos 07/11/2024 233.51
102144 CHHI02 Michael Chhin 07/11/2024 107.00
102145 ESPINO10 Iris Espino 07/11/2024 20.01
102146 EVANS02 Gloria Evans 07/11/2024 225.00
102147 FLORE01 Karla Flores 07/11/2024 420.00
102148 FRONT01 Frontier Communications 07/11/2024 376.13 102149 HART02 Robert Hartman 07/11/2024 200.00
102150 IRWIND21 Irwindale Hand Wash & Auto Detail 07/11/2024 766.77 102151 LOPEZJ01 Jade Lopez 07/11/2024 238.86
102152 MIRAND25 Blanche V. Miranda 07/11/2024 390.00
102153 MURG01 Edgar Murguia 07/11/2024 485.63
102154 OPTUM01 OptumRx, Inc. 07/11/2024 37,204.56
102155 PAIK01 Sumako Paik 07/11/2024 180.00
102156 SCFUELS SC Fuels 07/11/2024 13,589.61
102157 SECT01 Sectran Security Inc. 07/11/2024 125.58
102158 verizonw Verizon Wireless 07/11/2024 3,208.60
102159 WAGONER Pamela Wagoner 07/11/2024 585.00
102160 ZEPEDA07 Priscilla Zepeda 07/11/2024 938.06
102161 AMERIFID American Fidelity Assurance 07/11/2024 9,194.96 102162 COLDDU Cold Duck Prod. Inc. 07/11/2024 2,000.00
102163 FRAIJO02 John Fraijo 07/11/2024 62.72
102164 PONCE04 Delicia Ponce 07/11/2024 60.57
102165 CALIFO56 California State Disbursement Unit 07/11/2024 604.15 102166 CALIFO57 California State Disbursement Unit 07/11/2024 143.07 102167 FRANC06 Franchise Tax Board 07/11/2024 502.12
102168 LOSANG31 Los Angeles County Sheriff's Dept. 07/11/2024 70.60 102169 ACCO01 ACCO Engineering Systems 07/24/2024 3,402.00 AP Checks by Date - Summary by Check Number (7/18/2024 4:24 PM) Page 1

Check No Vendor No Vendor Name Check Date Check Amount
102170 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 07/24/2024 3,243.00 102171 ATHENS Athens Services 07/24/2024 6,049.43
102172 BARNEY Barney's Locksmith Service 07/24/2024 120.00 102173 BURKEW Burke, Williams & Sorensen 07/24/2024 8,025.00 102174 BURRO01 Burro Canyon Ent. Inc. 07/24/2024 10.00
102175 CALIFO42 California Building Standards 07/24/2024 213.30 102176 BALDWI02 City of Baldwin Park 07/24/2024 700.00
102177 LOSANG33 County of Los Angeles 07/24/2024 85,229.42 102178 CSG01 CSG Consultants 07/24/2024 2,756.25
102179 CWA01 CWA AIA, Inc 07/24/2024 1,854.90
102180 DAVIDE David Evans & Associates Inc 07/24/2024 2,093.40 102181 DELONG Delong Unlimited 07/24/2024 2,667.50
102182 DEMCOI Demco, Inc. 07/24/2024 716.54
102183 ECORP01 ECORP Consulting, Inc. 07/24/2024 4,730.00 102184 BATE01 Elior Inc. 07/24/2024 3,785.10
102185 EWINGI Ewing Irrigation Products, Inc. 07/24/2024 2,588.13 102186 FEDEX FedEx 07/24/2024 26.12
102187 FOOTH01 Foothill Communications, Inc. 07/24/2024 475.00 102188 TONY01 Antonio Garcia Bonilla 07/24/2024 2,957.68 102189 GARTH01 Garth O Green Enterprises, Inc. 07/24/2024 9,529.79 102190 IMEG01 IMEG Consultants Corp. 07/24/2024 14,773.00 102191 INTER01 Interwest Consulting Group 07/24/2024 2,065.00 102192 IRWIND21 Irwindale Hand Wash & Auto Detail 07/24/2024 856.79 102193 JCSPLU JC's Plumbing & Backflow Svc 07/24/2024 360.00 102194 JONES03 Richard D Jones, A Professional Law Corporation 07/24/2024 509.72 102195 COORYE Samir M. Khoury 07/24/2024 11,082.50
102196 KIML01 Kimley-Horn and Associates, Inc. 07/24/2024 625.00 102197 LAKESH01 Lakeshore Learning Materials,LLC 07/24/2024 237.45 102198 LANCES Lance, Soll & Lunghard LLP 07/24/2024 15,800.00 102199 LANDSC Landscape Warehouse III Inc. 07/24/2024 4,079.79 102200 LAWE01 Law Enforcement Medical Services, Inc. 07/24/2024 800.00 102201 LEWISE Lewis Engraving, Inc. 07/24/2024 11.03
102202 LSA01 LSA Associates, Inc. 07/24/2024 1,298.27
102203 MAINTE01 Maintex 07/24/2024 51.21
102204 MIDAS Manuel C Muratalla 07/24/2024 987.03
102205 MARIPO Mariposa Landscapes, Inc. 07/24/2024 866.04 102206 MATA02 Francisco Mata 07/24/2024 6,863.06
102207 MATTS01 Matt's Motor Sports Inc. 07/24/2024 1,160.69 102208 GREG01 Gregory Molloy 07/24/2024 3,900.00
102209 MOTOR02 Motorola Solutions 07/24/2024 366.15
102210 MOTOR01 Motorola Solutions, Inc. 07/24/2024 47,969.69 102211 PEARSO01 NCS Pearson, Inc 07/24/2024 34.00
102212 OFFICE03 ODP Business Solutions, LLC 07/24/2024 7,169.57 102213 ORKINP Orkin 07/24/2024 75.00
102214 PERF03 Performance Elevator Contractors, Inc. 07/24/2024 380.00 102215 PLACE01 PlaceWorks, Inc. 07/24/2024 5,916.00
102216 ROADLI Roadline Products Inc. USA 07/24/2024 1,102.50 102217 ROYAL04 Royal Industrial Electric 07/24/2024 14,885.43 102218 SONSRA01 Sonsray Machinery LLC 07/24/2024 9,793.00 102219 STATEO01 State Of California 07/24/2024 160.00
102220 STEVEN05 Steven A. Ormenyi & Assoc. 07/24/2024 43,589.75 102221 STRESS Stress Less Environmental LLC 07/24/2024 7,500.00 102222 TEDJOH Ted Johnson Propane 07/24/2024 16.74
102223 NORTHR The Northridge Group, Inc. 07/24/2024 3,871.55 102224 UNITED05 United Rentals, Inc. 07/24/2024 4,999.15 102225 WESTCO05 West Coast Arborists, Inc. 07/24/2024 9,716.70 102226 WOLL02 Susan Margaret Woolley 07/24/2024 7,651.50 AP Checks by Date - Summary by Check Number (7/18/2024 4:24 PM) Page 2

Check No Vendor No Vendor Name Check Date Check Amount
102227 YTIRES Y Tire Sales 07/24/2024 1,754.19
102228 Z&K01 Z&K Consultants, Inc. 07/24/2024 15,400.00 102229 ALLIAN02 Alliant Insurance Services, Inc.- Irvine Main 07/24/2024 1,600.00 102230 AZUSAP01 Azusa Plumbing Supply 07/24/2024 130.29 102231 MIJACA Balcon Holdings, Inc. 07/24/2024 179.00
102232 BARNEY Barney's Locksmith Service 07/24/2024 79.16 102233 CALIFO26 California Police Chiefs 07/24/2024 772.00 102234 DFMASS DFM Associates 07/24/2024 75.08
102235 EBSCOS EBSCO Subscription Services 07/24/2024 1,832.82 102236 1Glendor Glendora Chevrolet 07/24/2024 885.53
102237 LEWISE Lewis Engraving, Inc. 07/24/2024 101.43
102238 MAINTE01 Maintex 07/24/2024 641.59
102239 MIDAS Manuel C Muratalla 07/24/2024 1,113.24
102240 MOBI02 Mobile Citizen, LLC 07/24/2024 1,080.00
102241 PROPRINT Pro Printing, Inc. 07/24/2024 2,417.55
102242 PYROSP Pyro-Spectaculars, Inc. 07/24/2024 17,675.00 102243 SOUTHE04 Southern CA Assoc Of Governmts 07/24/2024 295.00 102244 STERIC01 Stericycle, Inc. 07/24/2024 100.12
102245 LEES01 Chad A. Streelman 07/24/2024 143.32
102246 SWANK01 Swank Motion Pictures, Inc. 07/24/2024 490.00 102247 NORTHR The Northridge Group, Inc. 07/24/2024 3,871.55 102248 WILLDAN Willdan Financial Services 07/24/2024 2,205.72 102249 XAV01 Xavus Solutions LLC 07/24/2024 2,299.50
Report Total (127 checks): 545,038.66
AP Checks by Date - Summary by Check Number (7/18/2024 4:24 PM) Page 3

Item #20.C.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: City of Irwindale Security Camera and Remote Monitoring System Policy and Procedures City Manager's Recommendation:

That the City Council approve the City of Irwindale Security Camera and Remote Monitoring System Policy and Procedures.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Jeffrey Wagner, IT Manager Electronically Approved
Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

In December 2022, the City Council adopted Resolution 2022-125-3375, authorizing the purchase and installation of a citywide security surveillance system from VectorUSA (Project). The Project included the upgrade/installation of an Access Control System within the Police Department and City Hall, and an upgrade to the City’s fiber optic infrastructure. In addition to 93 cameras capable of the 365-day

onboard recording (10-year warranty), 3-year licensing software, and cloud storage.

On July 7, 2021, staff reported to the Parks and Recreation Commission that the City Attorney and CJPIA recommended staff to develop a policy identifying the purpose of the camera use, staff responsibilities, placement and installation of the cameras, access and monitoring, review of recording, operation, training, and storage and retention of records. The attached City of Irwindale Remote Monitoring System Policy and Procedures (Policy) has been reviewed and approved by the City Attorney and the City’s bargaining units. The policy includes the following elements:

1. Location of cameras, including where cameras will be placed and areas under surveillance.

2. How media is stored, length of storage, and record retention.

3. Types of notices to be posted informing employees and the public about video surveillance.

4. Use of video recordings and compliance with the Public Records Act, and privacy restrictions.

5. Responsibilities of staff with authorized access to the video surveillance cameras.

6. Acceptable use and coordination with the Information Technology Department for installation and removal of cameras.

7. Prohibited conduct to guard against public viewing.

Fiscal Impact:

There is no fiscal impact related to the approval of this Policy.

Attachments:

1. City of Irwindale Security Camera and Remote Monitoring System Policy and Procedures

01005.0001/937145.1 Page 1 of 5 City of Irwindale
Security Camera and
Remote Monitoring
System
Policy and Procedures
Draft: July 24, 2024

01005.0001/937145.1 Page 2 of 5
POLICY
The purpose of this policy is to establish City of Irwindale (City) guidelines for use of security cameras and remote monitoring systems in City buildings or on City property in a way that enhances security while respecting the privacy expectations of employees and members of the Irwindale community.

This policy shall not apply to use of cameras for video conferencing or for reasons unrelated to surveillance activity. Nor shall this policy apply to cameras used by law enforcement in the following manners: covert operations for the purpose of criminal surveillance; mobile cameras used in, on, or about law enforcement vehicles; or body-worn or otherwise portable cameras used during the course of investigations or normal law enforcement functions.

City shall comply with all federal, state, and local laws and regulations applicable to the use of video surveillance cameras in public spaces.

SCOPE
This policy covers all employees, including seasonal, temporary, volunteers, and interns, and visitors of City facilities.

DEFINITIONS
Closed Circuit Television (“CCTV”): The use of video cameras to transmit a signal to a specific place, on a limited set of monitors. The signal transmitted is not openly transmitted and monitors not within the system may not receive the signal.

Video Recording Camera: This type of camera that has ability to record images in an area.

May be digital or tape recording.

Video Conference Camera: Connected to a personal computer. Used to transfer images of videoconference participant. Not a continuously monitored camera. Activated by the user.

PROCEDURES
A. Location of CCTV Cameras
a. Cameras shall be placed in interior and exterior public locations at the City Hall, Council Chamber, Police Department, Library, Dan Diaz Recreation Center, Aquatics Facility, Service Yard, Senior Center, Annex Building, 2nd Street Facility, Limited Volume Transfer Station, Irwindale Park, and Jardin de Roca Park. The exact location of cameras shall be at the discretion of the IT Manager. b. Clearly written signage advising the public that video surveillance is occurring shall be placed at the perimeter of video surveillance areas.

B. Media Storage
a. All media will be stored in a secure area with access restricted to authorized persons.
b. All routine video recordings are stored on an off-site secure cloud server. Routine recordings not otherwise preserved and maintained for official City reasons or as instructed by the City Attorney’s Office shall be retained for a period of not less

01005.0001/937145.1 Page 3 of 5
than one year. After the one-year period, the City’s cloud server will automatically delete and overwrite the routine recordings, with no backups. c. Any records preserved for official City reasons or as otherwise instructed by the City Attorney’s Office shall not be destroyed unless approved by the City Council and written consent is obtained by the City Attorney’s Office, as required in the Citywide Record Retention Schedule.
d. Any recordings needed as evidence in a criminal or civil proceeding shall be preserved until the proceeding is resolved.
e. Recordings not otherwise needed for official city business or otherwise required to be preserved may be destroyed or erased after 90 days if another record, such as (but not limited to) written minutes, is kept of the recorded event. f. Video will not be monitored in real-time, nor reviewed by City staff.

C. Use of Video
a. If an incident occurs that results in property damage or loss, bodily injury, or any other incident that affects the safety and security of City employees or the public, video surveillance will be reviewed. If necessary, video will be turned over to a law enforcement agency, insurance company, or any other organization who reasonably requests such video for a legitimate purpose. b. All requests from outside organizations or individuals for video recordings owned by the City shall be routed through the City Clerk’s Office in the form of a Public Records Act Request. Video recordings may be subject to redactions or exemptions under applicable law.
c. Video Recordings and other relevant data may be released in response to a requirement that the footage be presented to law enforcement, or a court order or subpoena for the footage in administrative, civil, or criminal proceedings. d. Video recordings created as a result of the surveillance system may be used for a legitimate purpose related to employment or business functions, including usage in disciplinary proceedings of City employees. Viewing of personnel in recorded video shall be limited to approved individuals on a need-to-know basis, with prior approval of the Human Resources/Risk Manager, as follows:
i. All viewing requests must be submitted in writing. Requests for viewing will be limited to employees or their legally designated representative, and/or City officials with a direct interest in potential disciplinary issues.

Only the portion of the security video recording related to the specific incident will be made available for viewing.
ii. Approval/denial for viewing will be made within a reasonable amount of time of receipt of the request and communicated to the requesting individual, relative to the severity of the incident.
iii. A written log will be maintained for those viewing security video recordings, including the date and time of the viewing, reason for viewing, date the recording was made of the incident, location of the camera that made the recording, and signature of the viewer.
iv. Security video recordings will remain the property of the City and may be reproduced only in accordance with the law.
e. As the City may be required by law to provide the requested recording, and there may be restrictions regarding what can and cannot be provided due to privacy or other legal reasons, the City Manager or designee should consult with the City Attorney to determine whether and how to respond to any such request. If, after consultation with the City Attorney, the City Manager or designee authorizes a recording to be provided to the requesting person or entity, the City should

01005.0001/937145.1 Page 4 of 5
ensure that the recording is retained in the City files and that a duplicate of the recording is delivered to the requesting person or entity.

RESPONSIBILITIES
The IT Manager shall have overall responsibility for operation of the CCTV system. This includes ensuring the system is working as intended, maintaining the system, and retrieving video whenever necessary.

The IT Manager is responsible for preparing the annual budget for the costs of maintenance, server storage, and future equipment replacements, and for the allocation of those costs to the benefitted departments. To maintain uniformity, purchase, installation, and maintenance of camera equipment will be completed by the IT Department. All security camera equipment must comply with current City standards.

New surveillance cameras must connect to the City’s centralized surveillance system. Live view of the cameras will be checked weekly by the IT Department to make sure cameras are working properly, the image quality meets the City’s needs, and video storage periods meet or exceed the State of California’s record retention standards. Any cameras found not meeting these standards will be recommended for repair or replacement.

The IT Manager shall ensure that access to password-protected information and surveillance equipment is limited to specific City staff, including IT, Chief of Police, City Manager, and Human Resource/Risk Manager. The data shall not be generally available to all staff or the public through web sites.

ACCEPTABLE USE
The installation or removal of a Department's security camera must be coordinated with the IT Department. Staff is prohibited from the use of personal and/or non-City security camera equipment on City property. Violation of this policy may result in disciplinary action.

Placement of cameras shall only be considered for the security and safety of employees and the public, security of City facilities and property, or for legally mandated reasons. Cameras may be installed in outdoor and indoor locations that are deemed public areas. Examples include public common areas such as parking lots, entrances, seating areas, service desks, and areas prone to theft or misconduct, or areas where money is stored or handled. Cameras will not be installed in areas where individuals have a reasonable expectation of privacy such as restrooms or private offices. If needed, electronic shielding will be placed in the security camera so that the camera cannot be used to look into or upon private areas on City property or on adjacent properties.

Camera placement must also take into consideration any confidential material that could be visible.

Videoconference cameras may be installed by departments in coordination with the IT Department. Videoconference cameras may be used on an individual or group basis to participate in online meetings via platforms such as Zoom or Microsoft Teams.

Videoconference cameras are not part of the City’s CCTV system, are not security cameras, and shall not be used by the City for video surveillance. Departments are not required to coordinate videoconference camera installation with Risk Management and the IT

01005.0001/937145.1 Page 5 of 5
Department.

Whenever and wherever permanent security cameras are installed, signs will be posted at conspicuous locations informing people that the buildings and grounds may be under video monitoring. Sample language includes:

VIDEO SURVEILLANCE ON CITY PROPERTY
City buildings and grounds are equipped with electronic surveillance for the safety of staff and visitors. Your actions may be recorded and preserved.

The City Manager, Chief of Police, Human Resources/Risk Manager and other authorized personnel may monitor and review security camera live feeds and recordings as needed and appropriate to support investigations and to enhance public safety. Department Directors and other authorized personnel may monitor and review security camera live feeds and recordings only of their work areas for purposes of public and employee safety. Other employees with a need to access select security cameras will have that access granted by the City Manager and Risk Manager. IT Department personnel will monitor and review security camera live feeds and recording as needed to troubleshoot and support the camera system, software, and staff.

Access to the archived footage for investigating violations of Personnel Rules is restricted to designated staff, with approval from the Human Resources/Risk Manager. Access to the archived footage for investigating potential criminal activity is restricted to designated staff, with approval from the City Manager or Chief of Police.

PROHIBITED CONDUCT
No security cameras, videoconference cameras, or other monitoring devices shall be installed or located upon City property without being properly approved and meeting the standards of this Policy. Tampering with or causing damage to City cameras is also prohibited.

Cameras are not installed, nor will they be used for the purposes of routinely monitoring staff.

However, the City may utilize routine security camera recordings in support of disciplinary proceedings against employees, or in a civil suit or other proceeding involving person(s) whose activities are shown on the recording and relate to the proceeding.

Authorized users for the security camera system shall not view live or recorded video from the security cameras that would enable general public viewing.

Confidentiality, privacy, and security issues prohibit the public from viewing security camera footage that contains personally identifying information about employees and citizens, or information that reveals or identifies City security measures. If the City receives a request from the public to inspect security camera footage, the City will respond according to California public records laws and the City’s policy as set forth herein.

A breach of this policy may result in disciplinary action up to and including dismissal. Any employee who becomes aware of any damage to or tampering with a City security camera, unauthorized disclosure of a video recording, and/or a potential privacy breach has a responsibility to immediately inform the City Manager or HR Manager.

Item #20.D.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Claim Rejection - Silvia Sheehan v. City of Irwindale City Manager's Recommendation:

Staff recommends City Council (1) Reject the claim of Silvia Sheehan 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 January 18, 2024, the City received a claim for damages from claimant Silvia Sheehan. Claimant Sheehan alleges that while driving on Foothill Boulevard, she encountered oil in the roadway which caused her car to hydroplane and strike a light on Huntington Road.

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 origin of the oil spill is unknown and the City did not have notice of the oil spill at the time of the incident. After the incident, the City's Public Works Department was notified by Irwindale Police Department of the spill, and the Public Works Department took action to mitigate the condition. 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. 20240425 Sheehan Irwindale REJECTION NOTICE TO CITY LETTER CJP-3050559

2. Claim - Sheehan Silvia

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
April 25, 2024
TO: City of Irwindale
ATTENTION: Laura Nieto
RE: Claim : Sheehan vs. Irwindale
Claimant : Silvia Sheehan
Member : City of Irwindale
Date Rec’d by Mbr : 1/18/24
Date of Event : 11/1/23
CW File Number : CJP-3050559 LSV
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 #20.E.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Successor Agency Board Honorable Chair and Members of the Housing Authority Board Honorable Chair and Members of the Reclamation Authority Board From: Julian A. Miranda, City Manager/Executive Director Issue: Investment Quarterly Report for Fiscal Quarter Ending June 30, 2024. (Joint item for all agencies)
City Manager's Recommendation:

That the City Council, Successor Agency Board, Housing Authority and Reclamation Authority Boards receive and file the Investment Quarterly Report for the fiscal quarter ending June 30, 2024.

Administrative Action:

Submitted / Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

California Government Code Section 53646 requires that the City Treasurer submit a quarterly report of investments (Investment Report) to the City Council/Board Members for review and compliance with the City’s adopted investment policy (City’s Investment Policy).

The attached Investment Report summarizes the cash balances and investments as of June 30, 2024, for each agency. The City of Irwindale’s balances include investments of all funds of the City and its agencies, which are pooled to maximize the interest yield. The cash balances in the general and money market accounts also include all funds of the City and its agencies, which also earn interest on the pooled cash balances. All investments comply with the City’s Investment Policy.

As previously noted, all funds held by the City, Successor Agency, Housing Authority, and Reclamation Authority are pooled to maximize interest yields. The Reclamation Authority Board is scheduled to meet on July 24, 2024, also. Therefore, this same Investment Report will be included in the Reclamation Authority’s Agenda for that meeting for review by the Reclamation Authority Board as well.

Fiscal Impact:

There is no fiscal impact to receive and file this report.

Attachments:

1. City of Irwindale Investment Report - June 30, 2024

PAR VALUE /

ORIGINAL
COST

CURRENT

YIELD TO

MATURITY

PURCHASE
DATE

MATURIT
Y
DATE

MKT VALUE /
ENDING

BALANCE

INVESTMENT

RATINGS

CITY OF IRWINDALE (POOLED - ALL FUNDS, INCLUDING RECLAMATION AUTHORITY) BMO & WF GENERAL ACCOUNTS $ 4,144,180 2.01% $ 4,144,180 WF MONEY MARKET ACCOUNT $ 1,714,452 5.17% $ 1,714,452
LOCAL AGENCY INVESTMENT FUND (LAIF) $ 24,786,916 $ 24,695,602

US GOVERNMENT AGENCIES
FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) $ 3,000,000 0.90% 06/15/21 06/15/26 $ 2,782,291 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.58% 06/23/21 06/23/25 4,769,786 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 1.00% 06/30/21 06/26/26 4,637,237 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 0.50% 06/30/21 06/30/26 4,637,744 Aaa / AA+ FEDERAL HOME LN BKS CONS BD (FHLB) 5,000,000 0.52% 07/28/21 01/28/25 4,860,603 Aaa / AA+ FEDERAL FARM CR BKS CONS SYSTEMWIDE (FFCB) 5,000,000 0.87% 07/28/21 07/28/26 4,613,197 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 5,000,000 0.50% 07/29/21 07/29/26 4,636,060 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 3.42% 08/29/22 11/15/24 982,548 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 3.45% 08/29/22 12/27/24 979,529 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 3.28% 08/29/22 02/22/27 931,045 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 2,000,000 5.25% 10/20/23 10/18/28 2,002,618 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.26% 11/28/23 08/28/24 991,663 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.23% 11/28/23 10/11/24 999,101 Aaa / AA+ FEDERAL FARM CREDIT Bank (FFCB) 1,000,000 4.94% 11/28/23 07/28/25 997,920 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.04% 12/13/23 09/20/27 999,177 Aaa / AA+ FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) 1,000,000 5.22% 12/13/23 11/15/28 998,248 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 4.91% 12/18/23 12/12/28 998,442 Aaa / AA+ FEDERAL HOME LOAN BANK (FHLB) 1,000,000 5.29% 12/21/23 12/21/28 999,054 Aaa / AA+ FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) 1,000,000 4.30% 02/05/24 01/30/29 986,011 Aaa / AA+ Sub-Total US Government Agencies: $ 46,000,000 $ 43,802,274

MUNICIPAL BONDS
CALIFORNIA STATE TAXABLE $ 1,000,000 4.30% 01/09/23 10/01/26 $ 1,013,357 Aa2 / AACOAST COMMUNITY COLLEGE DISTRICT CALIFORNIA 1,000,000 4.22% 02/09/23 08/01/26 947,704 Aa1 / AA+ CALIFORNIA STATE TAXABLE 1,000,000 4.00% 04/26/23 04/01/28 956,802 Aa2 / AAUNIVERSITY OF CALIFORNIA 1,000,000 3.90% 05/17/23 05/15/27 908,189 Aa2 / AA CALIFORNIA STATE TAXABLE 1,000,000 4.48% 07/13/23 04/01/28 956,802 Aa2 / AACITY OF LOS ANGELES 2,190,000 4.85% 09/28/23 09/01/28 1,946,066 Aa2 / AA CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY 1,600,000 4.69% 12/01/23 06/01/28 1,471,795 Aa3 / AACALIFORNIA STATE UNIVERSITY 2,000,000 4.45% 12/08/23 11/01/28 1,750,361 Aa2 / AA SAN DIEGO CALIFORNIA TAXABLE BONDS 1,320,000 4.79% 01/11/24 06/01/27 1,277,427 A / A2 SAN DIEGO CALIFORNIA TAXABLE BONDS 1,000,000 4.78% 01/11/24 06/01/28 965,284 A / A2 WEST CONTRA COSTA CALIFORNIA SCHOOL DISTRICT 1,000,000 4.10% 01/18/24 08/01/27 907,251 Aa2 / AA ALAMEDA COUNTY CALIFORNIA TAXABLE BONDS 1,000,000 4.05% 01/18/24 08/01/28 953,984 Aaa / AAA SAN JOSE REDEVELOPMENT AGENCY TAXABLE 1,390,000 4.36% 02/12/24 08/01/28 1,299,990 AA/AA+ CALIFORNIA STATE TAXABLE 1,000,000 4.74% 04/19/24 02/01/28 899,396 Aa2 / AACALIFORNIA STATE TAXABLE 1,000,000 4.73% 04/19/24 04/01/29 928,943 Aa2 / AASub-Total Municipal Bonds: $ 18,500,000 $ 17,183,351

CORPORATE BONDS
WELLS FARGO & COMPANY $ 2,000,000 6.25% 10/21/22 10/21/27 $ 2,005,329 A1 / BBB+ TOYOTA MOTOR CREDIT CORPORATION 1,000,000 5.00% 11/10/22 10/16/25 945,303 A1 / A+ JP MORGAN CHASE BANK 1,000,000 6.05% 12/14/23 12/10/25 981,423 A1 / ABANK OF AMERICA CORPORATION 2,000,000 5.08% 12/19/23 01/20/27 1,987,926 A1 / AAPPLE, INC. 1,500,000 4.25% 02/02/24 02/08/26 1,400,748 Aaa / AA+ APPLE, INC. 1,500,000 4.10% 02/02/24 02/09/27 1,446,205 Aaa / AA+ MICROSOFT CORPORATION 1,000,000 4.30% 02/06/24 09/15/26 968,039 Aaa / AAA INTEL CORPORATION 1,000,000 4.40% 02/06/24 05/11/27 950,576 A2 / A WALMART, INC 1,000,000 4.25% 02/12/24 04/15/28 974,801 Aa2 / AA 3M COMPANY 1,000,000 4.80% 02/12/24 09/14/28 946,896 A1 / BBB+ $ 13,000,000 $ 12,607,246

CERTIFICATES OF DEPOSIT
APEX BANK $ 245,000 3.153 % 08/31/22 08/30/24 $ 244,100 FDIC Insured JP MORGAN CHASE BANK 245,000 3.40 % 08/31/22 08/30/24 244,154 FDIC Insured AMERICAN EXPRESS NATIONAL BANK 245,000 3.35 % 08/31/22 09/02/25 239,990 FDIC Insured UBS BANK USA 245,000 3.40 % 08/31/22 09/02/25 240,156 FDIC Insured COMMUNITY BANK OF THE BAY 245,000 3.50 % 08/31/22 08/31/27 235,366 FDIC Insured CAPITAL ONE BANK USA 245,000 3.45 % 08/31/22 08/31/27 234,977 FDIC Insured CAPITAL ONE NATIONAL ASSN VA 245,000 3.45 % 08/31/22 08/31/27 234,977 FDIC Insured ALLY BANK 245,000 3.35 % 09/01/22 09/01/26 237,252 FDIC Insured SYNCHRONY BANK 245,000 3.45 % 09/02/22 09/02/27 234,969 FDIC Insured MEDALLION BANK 245,000 3.25 % 09/07/22 09/08/25 239,679 FDIC Insured DR BANK 245,000 3.60 % 09/09/22 09/09/26 238,498 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 234,944 FDIC Insured MORGAN STANLEY BANK 245,000 3.45 % 09/09/22 09/09/27 234,943 FDIC Insured TRADITIONAL CAPITAL BANK 245,000 3.30 % 09/14/22 03/13/26 238,272 FDIC Insured PONCE BANK 245,000 3.35 % 09/14/22 09/14/27 234,228 FDIC Insured FIRST NATIONAL BANK 245,000 3.45 % 09/19/22 09/20/27 234,954 FDIC Insured FIRST WESTERN TRUST BANK 245,000 4.55 % 01/06/23 01/06/28 243,342 FDIC Insured PARK STATE BANK 245,000 4.45 % 07/19/23 07/19/28 248,980 FDIC Insured DISCOVER BANK 245,000 4.55 % 07/19/23 07/17/28 250,025 FDIC Insured COMENITY CAPITAL BANK 245,000 4.45 % 07/26/23 07/26/28 243,279 FDIC Insured FIDELITY CO-OPERATIVE BANK 245,000 5.25 % 07/28/23 07/28/28 245,127 FDIC Insured BMW BANK NORTH AMERICA 245,000 4.90 % 11/17/23 11/17/28 247,770 FDIC Insured BANK HAPOALIM BM NY 245,000 5.30 % 11/20/23 05/20/25 245,012 FDIC Insured BANK OF AMERICA, N.A. 245,000 5.30 % 11/22/23 11/24/25 245,746 FDIC Insured SAUK VALLEY BANK & TRUST 245,000 5.00 % 11/22/23 11/24/25 244,808 FDIC Insured TRUSTAR BANK 245,000 4.75 % 11/22/23 11/22/28 246,499 FDIC Insured STATE BANK INDIA 245,000 5.00 % 11/24/23 11/24/28 251,759 FDIC Insured HENDERSON STATE BANK 245,000 5.00 % 11/28/23 11/28/25 244,954 FDIC Insured CROSSFIT BANK 245,000 5.20 % 04/05/24 01/06/25 244,744 FDIC Insured US BANK NA CINCINNATI 245,000 5.00 % 04/05/24 04/06/26 243,654 FDIC Insured TEXAS EXCHANGE BANK 245,000 5.10 % 04/05/24 04/05/29 245,138 FDIC Insured Sub-Total Certificates of Deposit: $ 7,595,000 $ 7,492,296

SUPRANATIONALS
INTERNATIONAL FINANCE CORPORATION $ 1,000,000 4.36% 04/05/24 03/27/29 $ 997,260 Aaa / AAA Sub-Total Supranationals: $ 1,000,000 $ 997,260
Total City of Irwindale Investments (Pooled Funds): $116,740,548 $ 112,636,661 HOUSING AUTHORITY (Funds 11 & 12)
BMO & WF GENERAL ACCOUNTS $ 1,526,846 2.01% $ 1,526,846 LOCAL AGENCY INVESTMENT FUND (LAIF) 5,935,418 0.00% 5,913,552 $ 7,462,264 $ 7,440,398
SUCCESSOR AGENCY (Funds 50-66)
BMO & WF GENERAL ACCOUNTS $ 1,277,871 2.01% $ 1,277,871 BANK OF THE WEST MONEY MARKET ACCOUNT 0 0
LOCAL AGENCY INVESTMENT FUND (LAIF) 6,887,065 0.00% 6,861,693 $ 8,164,936 $ 8,139,564
GRAND TOTAL OF INVESTMENTS $132,367,748 $ 128,216,624
Approved by _____________________________________ Kambiz Borhani, Finance Director / City Treasurer This investment portfolio is in conformity with the City of Irwindale's Investment Policy which was approved by City Council on June 12, 2024.

The City Treasurer's cash management program and cash flow analysis indicates that sufficient liquidity is on hand to meet estimated future expenditures for a period of six months. The weighted average of maturity of the City's pooled investment portfolio is 1.63 years, and the weighted average yield of the City's pooled investments at cost is 2.18%. Market prices of securities are obtained directly through Bank Statements. Due to timing, BMO Bank (formerly known as Bank of the West) and Wells Fargo Bank ("WF") General Account balances are combined and pre-reconciled and yield rates are based on negotiated earnings credit.

INVESTMENT REPORT
June 30, 2024

CITY OF IRWINDALE

SECURITY DESCRIPTION

Item #20.F.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for Construction of the Aquatic Center Swimming Pool Renovation Project; P-1062
City Manager's Recommendation:

That the City Council (1) authorize the City Manager to enter into an agreement with Blue Star Pools, Inc. in the amount of $611,886.69 for the Aquatic Center Swimming Pool Renovation Project; (2) approve a 10% construction contingency on the City of Irwindale’s portion of the project in the amount of $61,188.67 to cover any unforeseeable conditions that may arise during construction Administrative Action:

Submitted/Prepared by:

Eddie Chan, Director of Engineering/Building Official
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

The Irwindale Aquatic Center - Pool Renovation Project is identified in the City’s Capital Improvement Program (CIP). The Aquatic Center swimming pool was built in 1987. In 2022, the City hired Aquatic

Design Group to perform an audit of the Irwindale Aquatic Center, and an audit report was submitted to the City. The report provides a summary of the facility’s existing conditions, code violations, deficiencies, and proposed improvements for rehabilitation of the swimming pools and equipment.

The general scope of the project will include (1) removal and replacement of the existing main pool plaster and tiles; (2) main pool deck replacement; (3) main pool ADA compliant accessibility modification; (4) main pool safety markers replacement; (5) main pool gutter and surge tank waterproofing; (6) removal and replacement of the existing underwater light fixtures with LED upgrade; (7) springboard replacement/refinishing; and (8) installation of a new ADA compliant pool lift.

On June 24 and July 1, 2024, a Notice Inviting Bids for the project was advertised in the San Gabriel Valley Tribune. The final submission date for bids on PlanetBids was July 16, 2024 at 10:30 am. The City received (5) bids with the following results:

Contractor Bid Amount
1 Blue Star Pools, Inc. $ 611,886.69
2 National Pools, Inc. $ 914,980.00
3 Condor, Inc. $ 993,000.00
4 California Waters, Inc. $ 1,052,206.00
5 California Commercial Pools, Inc. $ 1,132,000.00
Staff reviewed the bid proposals and found Blue Star Pools, Inc. to be the lowest responsible bidder with a valid California contractor's license, Department of Industrial Relations (DIR) registration, not barred from bidding on public works contracts, and having good references.

Staff recommends the contract be awarded to Blue Star Pools, Inc. in the amount of $611,886.69 for the Aquatic Center Swimming Pool Renovation Project.

The attached contract agreement and cooperative agreement have been reviewed and approved as to form by the City Attorney’s office.

Fiscal Impact:

Funding for this project has been budgeted in the FY 2024-2025 budget for the Swimming Pool Facility & Lift Remodel Project (Account No. 48-80-800-45200-8229). The total cost for this Project is $673,075.36 ($611,886.69 + $61,188.67 (10% Construction Contingency)). There is sufficient funding for the Aquatic Center Swimming Pool Renovation Project.

Attachments:

1. Award of Contract for Construction of Aquatic Center Swimming Pool Renovation Project; P1062

Project Name/No.: Irwindale Aquatic Center – Main Swimming Pool Renovation Project; P-1062
Approved: ______________
01005.0006/1000216.1 1

PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT
BETWEEN THE CITY OF IRWINDALE AND BLUE STAR POOLS, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 24th day of July, 2024, by and between the City of Irwindale, a California charter city (“City”) and Blue Star Pools, Inc., 3857 Birch Street Suite 241, Newport Beach, CA 92660 (“Contractor”).

City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the City of Irwindale Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

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

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference.

The Scope of Services shall include Contractor’s Proposal or Bid Documents submitted for the project entitled Irwindale Aquatic Center – Main Swimming Pool Renovation Project; P-1062 (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Proposal” or “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions,

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Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Green Book.

The provisions of the 2021 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified

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in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a

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periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by

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contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.7 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

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1.10 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the City’s Director of Public Works Engineering or City Engineer, or either of their designees, to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”).

All Change Orders must be signed by the Contractor and City’s Director of Public Works Engineering or City Engineer, or either of their designees, prior to commencing the extra work thereunder.

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(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) working days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works Engineering or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works Engineering or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.12 Special Requirements.

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

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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 Six Hundred Eleven Thousand Eight Hundred Eighty-Six Dollars and 69 Cents ($611,886.69) (“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

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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.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within Eighty-Five (85) working 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. The Eighty-Five (85) working days are divided into forty (40) working days for PreConstruction activities and forty-five (45) working days for Construction activities. 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

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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:

Blake Farris President
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 Eddie Chan or any other person as may be designated by the City’s Director of Public Works Engineering or City Engineer. 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 Works Engineering or City Engineer, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

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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 $1,000,000 per occurrence, $2,000,000 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

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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 $2,000,000 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

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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.

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(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.

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(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.

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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.

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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, 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

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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.

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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:

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(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

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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

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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.

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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

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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

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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 “noninterests” 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

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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.

Consultant’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]

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

CITY:

CITY OF IRWINDALE, a California
charter city
______________________________
Julian A. Miranda, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________
Adrian R. Guerra, City Attorney
CONTRACTOR:
___Blue Star Pools, Inc._____________
*By: _______________________________
Name: _____________________________
Title: _____________________________
*By: _______________________________
Name: _____________________________
Title: _____________________________
Address: Blue Star Pools, Inc
3857 Birch St, Suite 241
Newport Beach, CA 92660
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

01005.0006/1000216.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01005.0006/1000216.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

01005.0006/1000216.1 A-1

EXHIBIT A

SCOPE OF SERVICES
I. Contractor will perform construction services related to the Irwindale Aquatic Center – Main Swimming Pool Renovation Project, which is identified in the City’s Capital Improvement Program, in accordance with the City’s plans and specifications and as set forth in the Contractor’s Bid Documents which are incorporated herein by this reference as though set forth in full, including, but not limited to, the following summary (herein after referred to collectively as “Services”):

II. As part of the Construction Services, Contractor will deliver the following tangible work products to the City:

A. Pre-construction Permitting Process and Approvals from Various Agencies (Building & Safety, LA County Health Department & etc.) B. Mobilization
C. Demolition, Removal, Disposal & Site Preparation of Pool Plaster and Deck Replacement
D. Main Pool Replastering, Tile Replacement and Includes All Necessary Items to Fully Replaster the Swimming Pool
E. Main Pool Deck Replacement
F. Main Pool ADA Compliant Accessibility Modification
G. Main Pool Safety Markers Replacement
H. Main Pool Drain Covers Replacement
I. Main Pool Gutter Waterproofing/Replastering
J. Surge Tank Waterproofing/Replastering
K. Remove and Replace All Existing Pool Underwater Light Fixtures with Underwater LED Light Fixtures
L. Springboard/Diving Boards & Tower Refinishing
M. Furnish and Install ADA Compliant Pool Lift with 450 LB Lifting Capacity N. Structural Engineer & Civil Engineer Design Necessary to Construct the Project. (Deck Replacement and ADA Compliance Accessibility Modification) O. Swimming Pool Start-Up Process 30 Calendar days
III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

01005.0006/1000216.1 A-2

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

01005.0006/1000216.1

EXHIBIT C

SCHEDULE OF COMPENSATION
I. Contractor shall complete work for the Project in accordance with the following:

01005.0006/1000216.1
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:

A. Line items for all personnel describing the work performed.

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

C. Line items for the price and quantity of all materials, equipment and work.

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

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

III. The total compensation for the Project shall not exceed $611,886.69 as provided in Section 2.1 of this Agreement.

01005.0006/1000216.1

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.

01005.0006/1000216.1
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.

01005.0006/1000216.1

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.

01005.0006/1000216.1
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 #20.G.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Receive and Appropriate grant funds from the United States Department of Justice, Bureau of Justice Assistance, Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program
City Manager's Recommendation:

Adopt Resolution No. 2024-60-3537 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING FEDERAL GRANT FUNDS FOR USE BY THE POLICE DEPARTMENT AND APPROPRIATING A MATCH OF FUNDS"
Administrative Action:

Submitted/Prepared by:

Chris Hofford, Chief of Police
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Irwindale Police Department staff applied for and received approval for grant funding for the specific

purpose of purchasing body-worn cameras. The Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program grant is administered by the United States Department of Justice, Bureau of Justice Assistance. Its purpose is to assist smaller law enforcement agencies in the acquisition and deployment of body-worn cameras. These cameras are expensive, however they are one of the most important tools available to document encounters between law enforcement officers and the public.

Funds from this grant will be combined with two other sources of funding for the purchase of bodyworn and in-car camera systems. First, $200,000.00 has previously been appropriated by the office of Senator Susan Rubio and is administered by the San Gabriel Valley Council of Governments. City Council has previously approved receipt and appropriation of these funds on May 8, 2024, under Resolution 2024-32-3509. Second, $60,000.00 as proposed in this agenda report and proposed resolution 2024-60-3537. Third, staff recommends funding the remaining $21,565.05 from the city’s federal asset forfeiture funds, previously received and appropriated by City Council on February 14, 2024, under resolution 2024-10-3487. The proposed line item for funding is 16-35-370-44500-0000.

The grant requires a $60,000.00 match from the City. This requirement will be met with the expenditure of the $200,000.00 senate appropriation.

The grant and senate appropriation funding sources are reimbursement funds, meaning that the City must spend the funds locally first and then submit for reimbursement from each funding source.

Therefore, staff requests such appropriations and will submit all required paperwork to receive reimbursements at the earliest opportunity.

Fiscal Impact:

Approving Resolution No. 2024-60-3537 will authorize the city to amend the Fiscal Year 2024-2025 Adopted Budget, by accepting $60,000 grant funds from the United States Department of Justice, Bureau of Justice Assistance, Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program, and appropriating the same amount in PD proper expenditure account to purchase the said equipment.

Attachments:

1. SRT_Contract Irwindale Police Department CA

2. Resolution No. 2024-60-3537

Supporting Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program
SUBAWARD (“MICRO-GRANT”) AGREEMENT BETWEEN
Irwindale Police Department
And

SUBAWARD INFORMATION
Name: Irwindale Police Department
Address: 5050 N. Irwindale Avenue
Irwindale, CA
91706
Award Number 47356481
Federal Identification Number 95-6005899
Micro-grantee UEI E9J2S6RNLAC1
Program Period: Start Date - End Date 01/01/2023-12/31/2025 Total Amount of the Federal Award $ 60,000.00
Match Amount $ 60,000.00
By signing this document, you agree to accept and comply with the award requirements including award conditions, assurances and certifications that were presented within the application portal and the associated attachments, as well as any additional requirements or conditions imposed subsequent to the program start date of this award by DOJ, OJP or JSS on Irwindale Police Department. These conditions apply during the project period. These requirements encompass financial, administrative, and programmatic matters, including specific restrictions on use of funds in the approved budget.

In addition to the specified award conditions, the micro-grantee also agrees to abide by the general Federal award conditions accepted by the prime award agency, Justice & Security Strategies, Inc. which can be found at the following link: https://www.srtbwc.com/wp-content/uploads/2022/03/SRT-BWC-Micro-Grantee-Award-Special- Conditions.pdf.

Should Irwindale Police Department accept the award and then fail to comply with an award requirement, JSS, on behalf of DOJ, will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE
Dr. Shellie Solomon, CEO, Justice & Security Strategies, Inc. 1835 E Hallandale Beach Blvd #387, Hallandale Beach, FL 33009 [email protected], 888-235-0565
Typed Name and Title of Authorized Subrecipient Official Signature of Approving Official Signature of Authorized Subrecipient Official Date: Date:

Federal Award Number: 2020-BC-BX-K001, October 1, 2020, C.F.D.A. No: 16.835. Federal Award Project Description: The Fiscal Year 2020 Supporting Small and Rural Agency Body-Worn Camera Policy and Implementation Program (SRA-BWC) will provide funding and program development support to small and rural agencies that intend to initiate expanded body-worn camera programs. The provider will be responsible for designing and administering a competitive funding solicitation that distributes micro-grants to qualified small and rural agencies to implement a body-worn camera program. They will also identify the needs of micro-grantee agencies and deliver standard and customized training and technical assistance (TTA) to those agencies. This is not a research and development grant.

This project was supported by Grant No. 2020-BC-BX-K001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

DocuSign Envelope ID: FC50EF8B-1D4C-4160-82DD-9A49BF7EE29E 3/27/2024
Chief of Police
Christopher P. Hofford
5/2/2024

1 Attachment A: Award Specific Requirements
1) Body-worn Camera (“BWC”) Policy Review Required in Order to Receive Funding: Micro-grantee is required to successfully demonstrate that they have developed BWC policies that are purposeful, comprehensive, and deliberately designed and acceptable to DOJ’s Office of Justice Programs (OJP) and JSS. All funding except 10% of the total award amount under this micro-grant will be held until Micro-grantee’s BWC policy is approved in writing by JSS.
a) If Micro-grantee already developed a BWC policy, JSS must review and approve the policy, and Micrograntee’s executive officers must certify that their policy was developed in a comprehensive, deliberate, and planned manner, and is consistent with relevant state laws; or b) If Micro-grantee has not yet developed a BWC policy, Micro-grantee must develop a BWC policy as a condition of this micro-grant. Micro-grantee must work with JSS to ensure that policy development is purposeful, comprehensive and deliberate.
2) Monthly Reporting Required: In order to be eligible for reimbursement under this micro-grant, Micro-grantee will be required to submit monthly reports, as well as a final report after the project end date, through the online micro-grant portal no later than dates to be specified by JSS. These reports will require submission of both financial and programmatic information. Micro-grantee must collect and maintain data concerning the work performed under this micro-grant in a manner and timeframes specified by JSS. The financial and programmatic data elements, outputs and outcomes will be outlined by JSS in the online micro-grant portal for this program. 3) Budget and spending restrictions: In addition to all restrictions in funding previously communicated to Micrograntee, specified in the solicitation or budget submission form for this micro-grant, outlined in the special conditions below, or specified in applicable federal law and regulations, Micro-grantee may not use funds from this micro-grant to pay for:
a) Costs associated conferences, including but not limited to costs for hosting, developing, sponsoring, or attending conferences. Important note: Conferences are defined by DOJ to mean “a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non-Federal entity."
b) Data storage costs. However, BJA and JSS recognize that BWC systems are often bundled or sold as software-as-a-service (SaaS) with no line-item distinction of data storage costs; therefore, procurements with bundled costs (specifically no line-item storage costs) are permissible for reimbursement, and the agency will not be asked to break out the costs.
c) Costs associated with a website, including software development, updating, programming, design, or otherwise any website-related expense.
d) Any consultant rate in excess of $650 per day unless approved in writing by JSS prior to expenditure. 4) Audit and monitoring:
a) Should Micro-grantee’s audit, if applicable, under Part 2 CFR 200 or related regulations contain findings related to this micro-grant, Micro-grantee understands all payments under this micro-grant may stop until those findings are resolved in a manner approved by JSS.
b) Micro-grantee agrees to comply with all micro-grant monitoring guidelines, protocols, and procedures, and to cooperate with JSS and BJA (including its Office of the CFO) on all grant and program monitoring requests, including:
i. Requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. ii. Providing all documentation requested or otherwise necessary to complete monitoring tasks, by the deadlines set by JSS or BJA.

Failure to cooperate with BJA's or JSS’s grant monitoring activities may result in sanctions affecting Micrograntee’s DOJ awards, including, but not limited to: withholdings and/or other restrictions on access to this or other grant funds; termination of this or other grant awards, referral to the Office of the Inspector General for audit review; designation of Micro-grantee as a DOJ High Risk grantee. 5) Close-out: Micro-grantee will comply with all close-out procedures provided by JSS and submit its final report no later than the date specified by JSS during close-out.

DocuSign Envelope ID: FC50EF8B-1D4C-4160-82DD-9A49BF7EE29E

2 Attachment B: Award Specific Requirements
Because your organization’s funding (referred to below as a “subgrant” or “micro-grant”) utilizes OJP funds, DOJ requires your organization to comply with certain federal legal requirements in addition to the requirements of your Micro-grant Agreement with JSS. These additional requirements are:
1) Federal rules that apply to this Subgrant: Micro-grantee is required to comply with the federal rules governing the financial management of federal grants like this Subgrant. These rules are called the Uniform Guidance and can be found at 2 CFR 200. The Uniform Guidance contains requirements about how an organization may spend federal funds, the tracking of receipt and spending of federal funds, and other financial requirements.

For additional details about these requirements, see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

If you have a question or believe there is a conflict between any documents JSS provides you and the Uniform Guidance, contact JSS immediately for clarification.
2) DOJ Grants Financial Guide: Micro-grantee agrees to comply with the requirements of the DOJ Grants Financial Guide and any updates made to this document, which is located at:
https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/DOJ_FinancialGuide_1.pdf. 3) Record retention and access: All micro-grantee records of any kind that relate to this Subgrant must be kept by your organization for 3 years from the date you submit your final report at the end of the Subgrant. Micro-grantee records that relate to this Subgrant means any document, record, or data or any kind whatsoever concerning this Subgrant. This includes but is not limited to: agreements, contracts, purchase orders, receipts, reports, financial documents, computer data, personnel files, and any other paper or document related to this Subgrant in any way.

Also, your organization must provide access to these records to JSS, OJP and other federal inspectors and agencies. For more details about this requirement, please see 2 C.F.R. 200.333. The records you must provide access to include performance measurement information about this Subgrant.

If micro-grantee is eligible and elects to use an indirect cost rate as described in 2 C.F.R. 200.414(f), micro-grantee must advise JSS in writing that it is eligible and elects to use an indirect cost rate. Micro-grantee must comply with all requirements of 2 CFR Part 200 concerning indirect cost rates. The “de minimis” rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 4) Requirement to report potentially duplicative funding: If micro-grantee currently has other active federal grants, or if micro-grantee receives any other award of federal funds during the period of performance for this micro-grant, micro-grantee promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, micro-grantee must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) and JSS in writing of the potential duplication, and, if so requested by the DOJ awarding agency or JSS, must seek a grant adjustment modification to eliminate any inappropriate duplication of funding. 5) Requirement to report breach of confidential information: Personally Identifiable Information (PII) is information that can be used, by itself or together with other information, to identify someone. The full definition can be found at 2 CFR 200.79. Micro-grantee must have procedures to respond if there is an actual or imminent “breach” of PII if micro-grantee either:
a) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of PII within the scope of an OJP grant-funded program or activity, or
b) uses or operates a "Federal information system," which typically is a database that a federal agency uses.

As a law enforcement agency, micro-grantee’s organization collects and maintains PII. Therefore, micro-grantee must have written procedures on how micro-grantee will respond if there is an actual or imminent breach of PII.

A breach of PII, as defined in OMB M-17-12, means: The loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose.

DocuSign Envelope ID: FC50EF8B-1D4C-4160-82DD-9A49BF7EE29E

3 Micro-grantee’s procedures required by this section must include a requirement to report an actual or imminent breach to JSS within 12 hours of when it occurs. This is required so that JSS can report the breach to OJP within 24 hours as legally required by OJP. Micro-grantee must contact JSS immediately using the method specified by JSS and no later than 12 hours if a breach of PII occurs or is about to occur to make sure this gets reported to OJP within 24 hours as required.
6) Subgrants: Micro-grantee is not permitted to award subgrants—also referred to as subawards—with the funds from this Subgrant unless you have written approval from JSS in advance of issuing the subaward. 7) Procurement rule—cannot discriminate against associates of the federal government: When buying any goods or services with funds from this micro-grant (this is known as a “procurement transaction”), micro-grantee must not discriminate against any person or business because of their status as an “associate of the federal government” (or because a person or entity is affiliated or owned by such an associate). A person or entity is an “associate of the federal government” if they are engaged or employed (in the past or at present) by or on behalf of the federal government-as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise-in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.
8) Human trafficking: Micro-grantee must comply with all U.S. Department of Justice requirements related to trafficking in persons. This includes, but is not limited to, the requirement micro-grantee and its employees must not engage in:
a) Severe forms of trafficking in persons
b) Procurement of a commercial sex act
c) Use of forced labor in the performance of the Subgrant d) Acts that directly support or advance trafficking in persons.

Examples are included in Section B at this website: https://ojp.gov/funding/explore/prohibitedconduct-trafficking Micro-grantee’s full obligations related to prohibited conduct in trafficking in persons can be found at that link above and are incorporated here with this reference. Micro-grantee’s micro-grant can be terminated immediately for violation of these requirements.
9) Rules for trainings developed with funds from this micro-grant: Any training materials micro-grantee develops or delivers with funds from this micro-grant must comply with the Department of Justice OJP training requirements.

These requirements include that:
a) Trainers comply with the law and cannot discriminate. b) The content of the training and the materials must be accurate, relevant, useful and well-matched to the purpose of the training.
c) Trainers must be well-qualified in the subject area. d) Trainers must demonstrate highest standards of professionalism.

Details about these requirements can be found here:
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.html. 10) Compliance with DOJ Regulations pertaining to civil rights and nondiscrimination: Equal Employment Opportunity: Micro-grantee must uphold all requirements for an equal employment opportunity organization. This means it must comply with all applicable requirements of 28 CFR Part 42, relating to civil rights and nondiscrimination and includes the requirements for equal employment opportunity programs provided in 28 CFR 42 Subpart E if Micro-grantee is required to have such a program.

DocuSign Envelope ID: FC50EF8B-1D4C-4160-82DD-9A49BF7EE29E

4 As of July 19, 2023, micro-grantees with awards greater than $25,000 must comply with the EEOP requirements.

The Office of Civil Rights no longer accepts or approves sub-recipient Certification/Verification of Exemption Forms. Instead sub-recipients must complete the Verification Forms and Utilization Reports in the EEOP Report Builder found at https://eeop.ocr.ojp.gov/certsub/homepage. Forms must be submitted to JSS through the Grant Application portal prior to receipt of payment.
11) Civil Rights: Nondiscrimination on basis of religion: Micro-grantee must comply with all applicable requirements of 28 CFR 38 regarding nondiscrimination on the basis of religion or religious beliefs. 12) Prohibition on using Subgrant funds for lobbying or influencing government officials: Micro-grantee may not use any of the funds from this Subgrant for lobbying, whether directly or indirectly. Lobbying means supporting or opposing the enactment, repeal, modification or adoption of any law, regulation or policy at any level of government.

See 18 USC 1913 for additional details.

Also, Micro-grantee may not use any of the funds from this Subgrant to pay any person to influence or attempt to influence any federal agency, member of Congress or any of their employees concerning a federal grant, contract, or any other federal award. There are exceptions, including an exception for tribal organizations. See 31 USC 1352 for details.

Contact JSS immediately if you have any questions about this section or whether a specific situation falls within these rules.
13) Duty to report fraud, waste, abuse, and misconduct: Micro-grantee must promptly report to the DOJ Office of the Inspector General (OIG) any credible evidence that any person (whether they work for your organization or not) has (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws of fraud, conflict of interest, bribery, gratuity, or similar misconduct, in connection with funds under this award.

You can report potential fraud, waste, abuse, or misconduct involving or relating to these Subgrant funds by: (1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select “Submit Report Online”); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Micro-grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Micro-grantee Reporting) at (202) 616- 9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 14) No restriction on reporting fraud, waste or abuse permitted: Micro-grantee may not require any employee or contractor to sign a confidentiality agreement that restricts or bans reporting of waste, fraud or abuse to a federal agency. This does not apply to the federal Standard Forms 312 or 4414 regarding not disclosing certain classified or sensitive information.

If JSS learns that micro-grantee is requiring agreements or statements from its employees or contractors that restrict or prohibit reporting of fraud, waste, abuse or misconduct, JSS is required by law to stop all payments under this micro-grant to micro-grantee.
15) No retaliation for reporting gross mismanagement of federal funds: Micro-grantee may not retaliate against an employee for the employee’s disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. This requires that Micro-grantee comply with applicable provisions of 41 USC 4712.
16) Encouragement to ban text messaging while driving: Micro-grantee is encouraged to adopt and enforce policies banning employees from text messaging while driving and to establish policies and educate its employees to decrease crashes caused by distracted drivers.
17) Requirements if designated “high risk” by a federal agency: If micro-grantee is designated “high risk” by a federal grant-making agency other than DOJ, currently or at any time during the course of this micro-grant, micrograntee must disclose this and any other information requested immediately to JSS at the contact information provided by JSS and to OJP by email at [email protected]. “High risk” includes any status under which a federal awarding agency provides additional oversight due to micro-grantee’s past performance, or other programmatic or financial concerns with the micro-grantee. Micro-grantee’s disclosure must include the following: 1. The federal awarding agency that designates micro-grantee high risk, 2. The date micro-grantee was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

DocuSign Envelope ID: FC50EF8B-1D4C-4160-82DD-9A49BF7EE29E

5 Micro-grantee agrees to comply with all additional requirements imposed by OJP or JSS if micro-grantee is designated as high risk by DOJ or any other federal agency. 18) Copyright and data rights: Micro-grantee acknowledges that OJP has a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use for Federal purposes: (1) any copyrighted work developed under this Subgrant; and (2) any rights of copyright to which Micro-grantee purchased with Subgrant funds.

Micro-grantee acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under this Subgrant; and (2) authorize others to receive, reproduce, publish, or otherwise use this data for Federal purposes.

If Micro-grantee refuses to accept terms affording the Government such rights, JSS is required to report this to OJP and not proceed with an agreement with Micro-grantee.
19) Micro-grantee integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS.

Micro-grantee must comply with all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with either this micro-grant or any other grant, cooperative agreement, or procurement contract from the federal government.

If the total value of micro-grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time, micro-grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the Federal Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in this special condition.

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, “FAPIIS”) within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:

Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
20) Verification of employee authorization to work in the United States: This Subgrant requires that your organization take certain steps to ensure that every person whose salary is paid for in any part, no matter how small, with funds from this Subgrant, is eligible to work in the United States. This is a requirement of federal law 8 U.S.C. 1324a(a)(1) and (2). The U.S. Department of Justice requires that you do certain things to comply with this requirement. These things are:
a) Verify that every employee whose salary is paid for in any part, no matter how small, with funds from this Subgrant is eligible for employment in the United States. i. You can do this by completing the federal form I-9 for each employee and checking and making copies of the documents that form requires. You can also do this by using the federal E-Verify system. You can sign up for E-Verify by going to www.e-verify.gov.
ii. For people you are hiring, you must verify their employment eligibility before you hire them. For those already hired, you must verify their employment eligibility immediately if you have not done so already. b) Notify all people involved in Subgrant activities for your organization (which includes employees involved in the hiring process) about this requirement to verify employment eligibility and about the federal law that makes it illegal to hire or keep someone on staff who is not authorized to work in the United States. c) Provide training to all people involved in Subgrant activities for your organization (which includes employees involved in the hiring process) about these requirements. d) Keep all records of employment eligibility verifications—this includes E-Verify verifications, Form I-9’s, copies of identifications, passports, social security cards, lawful permanent resident cards and all other documentation used to verify employment.

DocuSign Envelope ID: FC50EF8B-1D4C-4160-82DD-9A49BF7EE29E

6 21) Excess compensation: Funds from this micro-grant may not be used to pay cash compensation (salary plus bonuses) to any employee of micro-grantee at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year—effective January 2022, this maximum annual salary is $203,700. (Micro-grantee may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.)
DocuSign Envelope ID: FC50EF8B-1D4C-4160-82DD-9A49BF7EE29E

01005.0010/1000224.1 Resolution No. 2024-60-3537

RESOLUTION NO. 2024-60-3537

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING RECEIPT OF AND APPROPRIATING FEDERAL GRANT FUNDS

FOR USE BY THE POLICE DEPARTMENT AND APPROPRIATING A MATCH OF FUNDS
WHEREAS, the Irwindale Police Department wishes to enhance the quality of service to the community by seeking outside funding sources to supplement the Police Department budget; and
WHEREAS, the City of Irwindale Police Department has applied for grant funding through the United States Department of Justice, Bureau of Justice Assistance, Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program; and
WHEREAS, the Irwindale Police Department has received approval to receive $60,000 in grant funds for the specified purpose of purchasing body-worn cameras; and WHEREAS, the Irwindale Police Department desires to accept the $60,000 grant funding and appropriate the same matching amount for the purchase of body-worn cameras used by the patrol officers.

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

SECTION 1. Federal grant funds obtained through the United States Department of Justice, Bureau of Justice Assistance, Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program, in the amount of $60,000.00 are approved, and the City Council authorizes and approves acceptance of this amount for the said purchase.

SECTION 2. The City Council hereby approves an appropriation of $60,000 matching amount to the Irwindale Police Department proper expenditure account to be used for the purchase of said equipment.

SECTION 3. The City Manager, Chief of Police, and/or Director of Finance are hereby authorized to take all necessary steps to implement the intent of this resolution and execute any necessary grant documents and approvals. All previous actions taken are hereby ratified and approved.

SECTION 4. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED AND ADOPTED this 24th day of July, 2024.

Resolution No. 2024-60-3537

______________________________
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 Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing
Resolution No. 2024-60-3537 was duly adopted by the City Council of the City of Irwindale at a
regular meeting thereof held on the 24th day of July 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Resolution No. 2024-

Item #20.H.

Date: July 24, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for Purchase of Body-Worn and In-Car Camera Systems and Related Services
City Manager's Recommendation:

That the City Council approve and authorize the City Manager to enter into a five-year agreement with LensLock for the purchase of body-worn and in-car cameras, related equipment and services.

Administrative Action:

Submitted / Prepared by:

Chris Hofford, Chief of Police
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Body-worn and in-car cameras have become ubiquitous in modern law enforcement. Cameras are one of the most important tools that police have to produce evidence and document encounters with the public. Camera footage provides a neutral record of police encounters that is useful in criminal and civil court proceedings as well as internal administrative investigations.

The Irwindale Police Department (IPD) first identified the need for in-car cameras in 2007. In 2012, IPD tested and evaluated products from several vendors, ultimately recommending WatchGuard Video as the preferred vendor. The City Council approved the purchase and in-car cameras were installed in 2013.

IPD has never equipped its officers with body-worn cameras. Each camera system (in-car and bodyworn) serves a critical function. In-car cameras record wide-angle video of the front of patrol vehicles.

Body-worn cameras record first-person views of encounters from the perspective of the police officers wearing them. While it is important to keep in mind that cameras do not record everything that officers see, nor do officers necessarily see everything during encounters that cameras record, the fact remains that camera footage is by far the best tool available to provide video and audio records of such encounters.

IPD staff have conducted a study of the top contemporary providers of in-car and body-worn camera systems. Staff have discovered that only one such provider, LensLock, includes redaction services performed by their staff. Other providers do not provide this service; they only offer redaction software that IPD personnel would have to use to perform redactions. As such, LensLock is the sole provider of the needed cameras along with redaction services.

IPD staff strongly believe that in-car and body-worn cameras should be produced by the same manufacturer and thereby be based on the same infrastructure. Modern police camera systems are cloud-based on commercial computer servers approved by the Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation, the federal Department of Justice body that accredits the security of such systems nationwide. A fully cloud-based infrastructure will also streamline the process of submitting digital evidence to the Los Angeles County District Attorney’s Office for criminal prosecutions as they have provided an online evidence submission portal at no cost to cities.

Therefore, IPD staff recommends the purchase and deployment of LensLock in-car and body-worn camera systems to equip officers with body-worn cameras and to upgrade and replace the legacy server-based WatchGuard in-car system currently in use.

Attached to this Agenda Report is LensLock’s purchase and service quote and Government Obligation Contract for a five-year term.

Fiscal Impact:

The total cost for the purchase of the cameras and a five-year service term is $281,565.05. Funding for this purchase is proposed as follows: 1) $200,000 budget appropriation from General Fund (GL Acct. 01-35-353-44500-0000) previously approved by the City Council on May 8, 2024, Resolution No. 2024- 32-3509, which will be carried forward to FY 2024-2025; 2) $21,565.05 will be used from the Asset Forfeiture funds (GL Acct. 16-35-370-44500-0000) which was formerly appropriated and approved by the City Council on February 14, 22024, Resolution No. 2024-10-3487, which will be carried forward to FY 2024-2025; 3) $60,000 budget appropriation from the Small, Rural, and Tribal grant Body-Worn Camera grant also awarded for this purchase project and approved by the City Council on July 24,

2024, Resolution No. 2024-60-3537.

The $260,000 ($200,000 + $60,000) budget appropriations from the General Fund will later be reimbursed from the office of State Senator Susan Rubio, as presented to the City Council at the December 13, 2023, meeting, and Small, Rural, and Tribal grant both of which will ultimately result in no negative impact on the General Fund.

Attachments:

1. Irwindale PD, CA - LensLock Business Proposal - 07-15-24

2. City of Irwindale, California - GOC - 3363110

LensLock Regional Manager
Sean O’Grady
(949) 690-6552
[email protected]
13125 Danielson Street, Suite 112
Poway, CA 92064
U.S.A.

ATTENTION:

Irwindale Police Department
5050 Irwindale Ave
Irwindale, CA 91706
Customer ID #24-XXX
QTY DESCRIPTION UNIT PRICE YEAR 1 COST
20 Gen 12 Body Worn Camera Service – UNLIMITED Data Plan $1,099.00 $21,980.00 5 Gen 12 Body Worn Camera Service – UNLIMITED Data Plan $0.00 INCLUDED 20 $500 Credit Rebate on Existing BWC Equip. ($100 per BWC/per year) -$100.00 -$2,000.00 13 Titan V In-Car Video Service $1,999.00 $25,987.00
13 $1000 Credit Rebate on Existing ICV Equip. ($200 per ICV/per year) -$200.00 -$2,600.00 13 Cradlepoint R1900WiFi (5G modem) 5-yr NetCloud Mobile $535.00 $6,955.00 13 Bluetooth Integrated Technology System (BITS) $0.00 INCLUDED 7 LensLock Pro-Grade Installation – One-Time Fee $595.00 $4,165.00 43 60-Month Hardware Guarantee $0.00 INCLUDED
30 New Body Worn Cameras & In Car Video Systems Every 30 Months $0.00 INCLUDED Unlimited CAD Integration $0.00 INCLUDED
Unlimited Migration & Hosting of Legacy Data $0.00 INCLUDED Unlimited LensLock FBI-CJIS Redaction Services $0.00 INCLUDED Unlimited 24/7/365 Premier Customer Support $0.00 INCLUDED Unlimited LensLock Evidence Management Software Access $0.00 INCLUDED Unlimited District Attorney & Defense Based Software Licenses $0.00 INCLUDED SUBTOTAL $54,487.00

SALES TAX
(10.25%) $5,158.01
Y1 TOTAL $59,645.01
Summary of 5-Year Payments
Payment Amount
Initial 4 Months Free – 09/01/2024 – 12/31/2024 $18,493.33 Year 1 – 01/01/2025 – 12/31/2025 $59,645.01
Year 2 – 01/01/2026 – 12/31/2026 $55,480.01
Year 3 – 01/01/2027 – 12/31/2027 $55,480.01
Year 4 – 01/01/2028 – 12/31/2028 $55,480.01
Year 5 – 01/01/2029 – 12/31/2029 $55,480.01
Proposal Number: #24-XXX-XX
Proposal Valid for 90 Days
Services: BWC & ICV Service
Payment Terms: Net 30
Payment Due: January 31, 2025
Length of Service: 64 Months
Start Date: September 1, 2024
SALES REPRESENTATIVE:

Sean O’Grady
Regional Manager
Phone: (949) 690-6552
Email: [email protected]
Issued: July 15, 2024

CLIENT: Irwindale Police Department
Julian A. Miranda – City Manager
_____________________________________________
(Name - Title)
_____________________________________________
(Signature)
_____________________________________________
(Date)
VENDOR: LensLock, Inc.

Andrew Lynch – Executive Vice President
_____________________________________________
(Name – Title)
_____________________________________________
(Signature)
____________________________________________
(Date)
LensLock Terms and Conditions
Thank you SINCERELY for your business!

DOCUMENTATION INSTRUCTIONS
The instructions listed below should be followed when completing the enclosed documentation. Please sign in blue ink and print on single sided paper only. Documentation completed improperly will delay funding. If you have any questions regarding the Conditions to Funding, instructions or the documentation, please call us at (858) 231-4061.

I. Attached Documentation

1. Government Obligation Contract
¨ An authorized individual that is with the Obligor should sign on the first space provided. All original signatures are required for funding.

2. Exhibit A – Description of Equipment
¨ Review equipment description. Complete serial number/VIN if applicable. ¨ List the location where the equipment will be located after delivery/installation.

3. Exhibit B – Payment Schedule
¨ Sign and print name and title

4. Exhibit C - Acceptance of Obligation
¨ Sign and print name and title

5. Exhibit D - Obligor Resolution
¨ Type in the date of the meeting in which the purchase was approved. ¨ Print or type the name and title of the individual(s) who is authorized to execute the Contract. ¨ The board chairman or other authorized member of the Obligor’s Governing Body must sign the Resolution where indicated. ¨ The board secretary or board clerk of Obligor must attest the Resolution where indicated.

6. Exhibit E - Officer’s Certificate
¨ Sign and print name and title
¨ Please list the Source of Funds for the Contract Payments.

7. Exhibit F - Payment Request & Equipment Acceptance Form ¨ Do Not Return until you need to request funds from the Vendor Payable Account.

8. Exhibit G - Signature Card
¨ Sign and print name and title
¨ An additional individual may sign as an authorized individual, if desired.

9. Exhibit H - Obligor Acknowledgement
¨ Complete information as indicated.

10. Exhibit I - Bank Qualified Certificate
¨ Sign and print name and title

11. Notice of Assignment
¨ Sign and print name and title.

12. Insurance Requirements
¨ Complete insurance company contact information where indicated.

13. Debit Authorization – (Preferred)
¨ Complete form and attach a voided check

14. 8038G IRS Form
¨ Please read 8038 Review Form
¨ In Box 2, type Employer Identification Number
¨ Sign and print name and title
II. Additional Documentation Required

1. Signed and completed Credit Application

III. Condition to Funding
If, for any reason: (i) the required documentation is not returned by November 17, 2024, is incomplete, or has unresolved issues relating thereto, or (ii) on, or prior to the return of the documentation, there is a change of circumstance, including but not limited to changes in the federal corporate income tax rate or reducing/capping the tax-exempt interest benefit, which adversely affects the expectations, rights or security of the Obligee or its assignees; then Obligee or its assignees reserve the right to withdraw/void its offer to fund this transaction in its entirety. Neither KS StateBank nor Baystone Government Finance is acting as an advisor to the municipal entity/obligated person and neither owes a fiduciary duty pursuant to Section 15B of the Exchange Act of 1934.

All documentation should be returned to:

LensLock Inc.
13125 Danielson Street, Suite 112
Poway, California 92064

*3363110%CONTRACT%08.01.2024*
*3363110%CONTRACT%08.01.2024*
CA SFP Abatement Firm Term BQ VPA

GOVERNMENT OBLIGATION CONTRACT
Obligor Obligee
City of Irwindale, California LensLock Inc.
5050 North Irwindale Avenue 13125 Danielson Street, Suite 112 Irwindale, California 91706 Poway, California 92064
Dated as of August 1, 2024
This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below.

I. Definitions
Section 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
“Additional Schedule” refers to the proper execution of additional schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment.
“Budget Year” means the Obligor's fiscal year.
“Commencement Date” is the date when Obligor's obligation to pay Contract Payments begins. “Contract” means this Government Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refinancings, guarantees and all documents relied upon by Obligee prior to execution of this Contract.
“Contract Payments” means the payments Obligor is required to make under this Contract as set forth on Exhibit B. “Contract Term” means the Original Term and all Renewal Terms. “Exhibit” includes the Exhibits attached hereto, and any “Additional Schedule”, whether now existing or subsequently created. “Equipment” means all of the items of Equipment listed on Exhibit A and any Additional Schedule, whether now existing or subsequently created, and all replacements, restorations, modifications and improvements.
“Government” as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended (“Code”), or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. “Obligee” means the entity originally listed above as Obligee or any of its assignees. “Obligor” means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. “Original Term” means the period from the Commencement Date until the end of the Budget Year of Obligor. “Partial Prepayment Date” means the first Contract Payment date that occurs on or after the earlier of (a) the twenty-four month (24) anniversary of the Commencement Date or (b) the date on which Obligor has accepted all the Equipment and all amounts have been disbursed from the Vendor Payable Account to pay for the Equipment. “Purchase Price” means the total cost of the Equipment, including all delivery charges, installation charges, legal fees, financing costs, recording and filing fees and other costs necessary to vest full, clear legal title to the Equipment in Obligor, subject to the security interest granted to and retained by Obligee as set forth in this Contract, and otherwise incurred in connection with the financing of this Equipment.
“Renewal Term” means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term. “State” means the state which Obligor is located.
“Surplus Amount” means any amount on deposit in the Vendor Payable Account on the Partial Prepayment Date. “Vendor Payable Account” means the separate account of that name established pursuant to Section X of this Contract.

II. Obligor Warranties
Section 2.01 Obligor represents, warrants and covenants as follows for the benefit of Obligee or its assignees:
(a) Obligor is an “issuer of tax exempt obligations” because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the “Code”) or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract; Obligor, and its officer executing this Contract, are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms.
(d) Obligor shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, or should the Obligor cease to be an issuer of tax exempt obligations, or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (f) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (g) Upon request by Obligee, Obligor will provide Obligee with current financial statements, reports, budgets or other relevant fiscal information. (h) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented.
(i) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made. (j) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose.
(k) Obligor has selected both the Equipment and the vendor(s) from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant, vendor or distributor, or agent thereof, of such equipment to the public. (l) Obligor owns the Equipment and any additional collateral free and clear of any liens, and Obligor has not and will not, during the Contract Term, create, permit, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment or any additional collateral except those created by this Contract. (m) Obligor warrants, as applicable, the purchase of any telecommunications and video surveillance services or equipment financed hereunder complies with 2 CFR § 200.216 and 2 CFR § 200.471.
(n) Obligor warrants that it understands and has complied with 2 CFR § 200.322 in relation to domestic preferences for procurements, as applicable. (o) Obligor finds and determines that the amount of the Contract Payments set forth in Exhibit B are equal to the fair rental value of the related Equipment during the respective Budget Year of Obligor in which such Contract Payments are made. (p) The Equipment will have a useful life that is substantially in excess of the Contract Term.

Section 2.02 Escrow Agreement. In the event both Obligee and Obligor mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery of

the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A, which shall be held, invested and disbursed in accordance with the Escrow Agreement.

III. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance. The Obligor shall be solely responsible for the ordering of the Equipment, while Obligee is responsible for the initial delivery and installation of the Equipment. Such delivery and installation must be reviewed and accepted by the Obligor. Once accepted, the Obligor has the responsibility to execute the Certificate of Acceptance or, alternatively, Payment Request and Equipment Acceptance Form by a duly authorized representative of the Obligor which will constitute acceptance of the Equipment on behalf of the Obligor.

Section 3.02 Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments, payable without notice or demand, are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s) were late. Obligee shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Contract Payment that is past due. Furthermore, Obligor agrees to pay any fees associated with the use of a payment system other than check, wire transfer, or ACH. Once all amounts due Obligee hereunder have been received, Obligee will release any and all of its rights, title and interest in the Equipment.

Section 3.03 Abatement. During any period in which, by reason of material damage or destruction or taking under the power of eminent domain (or sale to any entity threatening the use of such power) or material title defect with respect to the Equipment, there is substantial interference with the use and possession by Obligor of the Equipment, the Contract Payments due under the Contract with respect to the Equipment shall be abated proportionately in whole or in part. Obligor shall immediately notify Obligee upon the occurrence of any event causing substantial interference with Obligor's use and possession of the Equipment and such notice shall be provided prior to the abatement of any Contract Payments. The amount of abatement shall be such that the remaining rental obligation represents fair consideration for Obligor’s use and possession of the Equipment, or portions thereof, not substantially interfered with, and end on the earlier of the date on which the use and possession of the Equipment is restored to Obligor or the date on which Obligor uses the Net Proceeds of insurance or a condemnation awards to pay the Contract Payments or the applicable Purchase Option Price. In the event of any such interference, this Contract and the related abatement agreement shall continue in full force and effect. To the extent allowed by law, Obligor waives the benefits of Civil Code Section 1932 and any and all other rights to terminate this Contract and the related Abatement agreement by virtue of any interference with the use and possession of any Equipment, although such waiver shall not constitute a waiver of abatement of Contract Payments, as set forth in this section.

Section 3.04 Contract Payments Unconditional. Except as provided in Section 3.03, the obligation of Obligor to make Contract Payments or any other payments required hereunder shall be absolute and unconditional in all events. NOTWITHSTANDING ANY DISPUTE BETWEEN OBLIGOR AND OBLIGEE OR BETWEEN OBLIGOR AND VENDOR OR ANY OTHER PERSON, OBLIGOR SHALL

MAKE ALL CONTRACT PAYMENTS AND OTHER PAYMENTS REQUIRED HEREUNDER WHEN DUE AND SHALL NOT WITHHOLD ANY CONTRACT PAYMENT OR OTHER PAYMENT PENDING FINAL

RESOLUTION OF SUCH DISPUTE NOR SHALL OBLIGOR ASSERT ANY RIGHT OF SET-OFF OR COUNTERCLAIM AGAINST ITS OBLIGATION TO MAKE CONTRACT PAYMENTS OR OTHER PAYMENTS REQUIRED HEREUNDER. Obligor's obligation to make Contract Payments or other payments shall not be abated on account of failure of the Equipment to perform as desired or obsolescence of the Equipment and shall not be abated through accident or unforeseen circumstances except as provided in Section 3.03.

Section 3.05 Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest in the Equipment to Obligor.

Section 3.06 Contract Term. The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 9.01 below.

Section 3.07 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE IS NOT A MANUFACTURER, SELLER, VENDOR OR DISTRIBUTOR, OR AGENT THEREOF, OF SUCH EQUIPMENT; NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR.

IV. Appropriation of Money
Section 4.01 Appropriation. The person or entity in charge of preparing Obligor's budget will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year with respect to the Contract, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay all such Contract Payments coming due therein. The covenants on the part of Obligor contained in this Contract, including the covenant to budget and appropriate amounts necessary to make Contract Payments, shall be deemed to be duties imposed by law, and it shall be the duty of each and every public official of Obligor to take such action and do such things as required by law in the performance of the official duty of such officials to enable Obligor to carry out and perform the covenants and contracts in this Contract. This Contract and each abatement agreement represent a firm contract and not a non-appropriation contract.

V. Insurance, Damage, Insufficiency of Proceeds
Section 5.01 Insurance. Obligor shall maintain both casualty insurance, liability insurance and rental interruption and loss of use and occupancy insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment.
(a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or policies.
(b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor shall maintain or cause to be maintained at its expense throughout the Contract, rental interruption insurance against loss of use of the Equipment or portions thereof with coverage equal to the maximum total Contract Payments payable under the Contract by Obligor for any consecutive 24-month period. The policy shall insure against abatement of Contract Payments payable by Obligor resulting from Obligor's loss of use of the Equipment or any substantial portion thereof and caused by any and all perils, either insured or uninsured, including acts of God. The Net Proceeds of such insurance shall be payable to Obligee in amounts proportionate to Obligor's loss of use of the Equipment and the corresponding rental abatement, if any, and shall supplement Contract Payments made by Obligor, if any, during the period in which Obligor's use and occupancy of the Equipment is being restored in sufficient amounts to make Obligee whole.
(d) Obligor may self-insure against the casualty risks and liability risks described above. If Obligor chooses this option, Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage.
(e) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term.

Section 5.02 Damage to or Destruction of Equipment. The responsibility to maintain the normal wear and tear on the Equipment shall continue to be the responsibility of Obligee for the term of this Agreement as evidenced in a separate Limited Warranty agreement between the parties. However, any damage to the Equipment due to the act or inaction of the Obligor shall be the responsibility of the Obligor to either repair or replace at their cost. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of Obligee, such proceeds shall be used to either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof.

Section 5.03 Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Obligor shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obligee.

Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor’s property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Obligor), which is proximately caused by the negligent conduct of Obligor, its officers, employees and agents.

Section 5.05 Reimbursement. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys’ fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or

proceeding, based in whole or in part upon the negligent conduct of Obligor, its officers, employees and agents, or arose out of installation, operation, possession, storage or use of any item of the Equipment, to the maximum extent permitted by law.

VI. Title and Security Interest
Section 6.01 Title. Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor defaults under Section 9.01. In such event, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee.

Section 6.02 Security Interest. To secure the payment of all Obligor’s obligations under this Contract, as well as all other obligations, debts and liabilities, plus interest thereon, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit A. Furthermore, Obligor agrees that any other collateral securing any other obligation(s) to Obligee, whether offered prior to or subsequent hereto, also secures this obligation. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even if attached to real property.

VII. Assignment
Section 7.01 Assignment by Obligee. All of Obligee's rights, title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments.

Section 7.02 Assignment by Obligor. None of Obligor's right, title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation.

VIII. Maintenance of Equipment
Section 8.01 Equipment. Obligor shall keep the Equipment in good repair and working order, and as required by manufacturer’s and warranty specifications. If Equipment consists of copiers, Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obligor, its employees or its agents. Obligor shall pay for and obtain all permits, licenses and taxes related to the ownership, installation, operation, possession, storage or use of the Equipment. If any fees are required to be paid by the California Debt & Investment Advisory Commission then such fees shall be paid directly from the Obligor to the California Debt & Investment Advisory Commission. If the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such title(s) from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s). Obligor shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee’s interest in the Equipment and in this Contract. Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times.

IX. Default
Section 9.01 Events of Default defined. The following events shall constitute an “Event of Default” under this Contract:
(a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit B, other than by reason of abatement as provided under Section 3.03.
(b) Failure by Obligor to maintain any of the insurances as required under section 5.01. (c) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obligor for all costs incurred plus interest at the highest lawful rate. (d) Failure by Obligor to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after written notice specifying such failure is given to Obligor by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor. Subsection (c) does not apply to Contract Payments and other payments discussed above. (e) Any statement, material omission, representation or warranty made by Obligor in or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract. (f) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (g) Obligor admits in writing its inability to pay its obligations. (h) Obligor defaults on one or more of its other obligations. (i) Obligor becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies for or consents to the appointment of a receiver, trustee, conservator, custodian, or liquidator of Obligor, or all or substantially all of its assets, or a petition for relief is filed by Obligor under federal bankruptcy, insolvency or similar laws, or is filed against Obligor and is not dismissed within thirty (30) days thereafter.

Section 9.02 Remedies on Default. Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps:
(a) Obligee, with or without terminating this Contract, may collect each installment of Contract Payments as it becomes due and payable with respect to the Equipment in accordance with Exhibit B to the end of the Contract Term.
(b) Obligee, with or without terminating this Contract, may repossess any or all of the Equipment by giving Obligor written notice to deliver the Equipment to the location designated by Obligee. In the event Obligor fails to do so within ten (10) days after receipt of such notice, Obligee may enter upon Obligor's premises where the Equipment is kept and take possession of the Equipment and charge Obligor for costs incurred in repossessing the Equipment, including reasonable attorneys' fees. Obligor hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion of it has been destroyed or damaged beyond repair, Obligor shall pay the applicable Purchase Option Price of the damaged or destroyed Equipment as set forth in the Contract Payment Schedule. Notwithstanding the fact that Obligee has taken possession of the Equipment, Obligor shall continue to be responsible for the Contract Payments with respect thereto as and when such Contract Payments become or would have become due and payable. (c) If Obligee, in its discretion, takes possession and disposes of the Equipment or any portion thereof, Obligee shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the disposition; (iii) any sales or transfer taxes; and (iv) the balance of any Contract Payments with respect thereto as and when such Contract Payment would become due and payable. Any disposition proceeds remaining after the requirements of clauses (i), (ii), (iii), (iv) have been met shall be paid to Obligor. (d) By action pursuant to the California Code of Civil Procedure, or as otherwise provided by law, obtain the issuance of a writ of mandamus enforcing, for the entire balance due, or as it becomes due, under Exhibit B of the Contract, the duty of Obligor to appropriate and take all other administrative steps necessary for the making of all Contract Payments. (e) Obligee may take any other remedy available at law or in equity with respect to an Event of Default, including (without limitation) those requiring Obligor to perform any of its obligations under this Contract or to pay any moneys due and payable to Obligee, provided Obligee shall have no right to accelerate Contract Payments or otherwise declare any Contract Payments not then in default to be immediately due and payable.

Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof.

Section 9.04 Return of Equipment and Storage.
(a) Surrender: The Obligor shall, at its own expense, surrender the Equipment, any additional collateral and all required documentation to evidence transfer of title from Obligor to the Obligee in the event of a default by delivering the Equipment and any additional collateral to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment and any additional collateral consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee’s request, Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor’s locations to verify compliance with the terms hereto.
(b) Delivery: The Equipment and any additional collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment and any additional collateral is delivered into the custody of a common carrier, the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee’s instructions and at the Obligor’s sole expense. Obligor at its expense shall completely sever and disconnect the Equipment and any additional collateral or its component parts from the Obligor’s property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any additional collateral and all of the component parts of the Equipment and any additional collateral carefully and in accordance with any recommendations of the manufacturer. The Obligor shall deliver to the