Irwindale City Council
December 11, 2024

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
General Conditions to USPS Lease
March 2021 Page 9 of 11
either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal Service's rights hereunder.
h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or the Postal Service by a person with authority to bind each party i. [RESERVED]
j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing inspections, maintenance or repairs that are the responsibility of Landlord under this Lease; provided that no inspections may occur during the Postal Service's peak season (November 1 of each year through January 31 of the following year) other than those necessitated by the sale or refinance of the Property. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after-hours, Landlord must call the Postal Inspection Service at 1-877-876-2455 Option 2 "Emergency" prior to entry. When entering or performing any inspection, repair or other work in the Premises, Landlord, its agents, employees and/or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises.
l. Calendar Days. All references herein to "days" shall mean calendar days unless specified to the contrary. m. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument.

The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is an electronic signature, scanned signature or a digitally encrypted signature, then such electronic signature, scanned signature or digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. Signatures required under this Lease, or any

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
General Conditions to USPS Lease
March 2021 Page 10 of 11
amendments, addendums, assignments, or other records associated therewith, may be transmitted by email or by fax and, once received by the party to whom such signatures were transmitted, shall be binding on the party transmitting its signatures as though they were an original signature of such party. n. Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and sent by (i) United States mail, certified, postage prepaid or (ii) by Priority Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery).

To Landlord at: CITY OF IRWINDALE
5050 N IRWINDALE AVE
IRWINDALE, CA 91706-2192
With a copy to: _______________________________________________________ _______________________________________________________ To the Postal Service at: Contracting Officer
USPS Facilities Leasing West
PO Box 5527
Denver, CO 80217-5527
With a copy to: Postmaster/Installation Head
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord.
o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal Service payment obligations under this Lease, including any interest or penalties for late payments. p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non-tax debts owed to the United States and the states and for delinquent child support payments.

11. FACILITIES NONDISCRIMINATION
a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained.

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
General Conditions to USPS Lease
March 2021 Page 11 of 11
b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246.

12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at http://about.usps.com/manuals/spp/html/spp10.htm or by searching www.usps.com.

Clause 1-5, Gratuities or Gifts
Clause 1-6, Contingent Fees
Clause 9-3, Davis-Bacon Act1
Clause 9-7, Equal Opportunity2
Clause 9-13, Equal Opportunity for Workers with Disabilities3 Clause 9-14, Equal Opportunity for VEVRAA Protected Veterans4 Clause 9-16, Employer Reports on Employment of Protected Veterans4 Clause B-25, Advertising of Contract Awards
Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." ____________________________________
For premises with net interior space in excess of 6,500 SF. 1 For leases aggregating payments of $10,000 or more. 2
For leases aggregating payments of $10,000 or more. 3
For leases aggregating payments of $150,000 or more. 4

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
Maintenance Rider USPS Responsibility (Partial)
March 2021 Page 1 of 3

1. Postal Service Responsibilities. The Postal Service shall maintain the Premises (including repair and replacement of items, if necessary), except for those items specifically made the responsibility of Landlord in Paragraph 3 below and damage resulting from, and to the extent of, the negligence of the Landlord's agents or employees (which portion of the damage arising directly from Landlord's negligence shall be the responsibility of the Landlord). The responsibility of the Postal Service as stated herein will be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary to keep the Premises in proper condition during the Lease term.

2. Premises. The term "Premises" as used in this rider includes the Premises described in the Lease, the improvements and appurtenances to such Premises exclusively used by the Postal Service (including parking lots, driveways, sidewalks, and fencing), and all equipment and fixtures furnished, or to be furnished, by Landlord under this Lease.

3. Landlord Responsibilities. Landlord, except for damage resulting from, and to the extent of, the negligence of the Postal Service agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), is responsible for maintenance of, repairs to, and, if necessary, replacement of:
a. Structural Elements. All structural elements, exterior or interior wherever located on the Property, including but not limited to: the foundation; column supports; bearing walls; retaining walls; bridges; floors (but not including floor covering); and similar structural elements or features. b. Lighting Systems. All lighting systems, including all components thereof, such as, by way of example and not in limitation, ballasts, poles, and light fixture covers (but not light bulbs). c. Roof. All parts of the roof system including, but not limited to: the roof covering; flashing and insulation (including around any roof-top equipment); roof beams, joists, and deck; soffit and fascia; and gutters and downspouts. Landlord shall be responsible for the timely removal of snow and ice from the roof. Landlord will also be responsible for regular cleaning of all gutters, downspouts, troughs, scuppers, roof drains, etc. d. Pest Control. Inspection, prevention and eradication of termites and other wood-eating insects and any damage resulting therefrom.
e. Construction Defects. Defects in building construction or installation of equipment, fixtures, or appurtenances furnished by Landlord.
f. Casualty. Damage from Acts of God; acts of public enemy, riot or insurrection; and vandalism, and damages resulting from fire or other casualties.
g. Well and Septic Systems. Any necessary replacement of any part or all of the well and septic systems, including lateral fields. If replacement of either system becomes necessary as a result of the failure of that system, Landlord remains responsible for providing an operating well system and septic system. Landlord is also responsible for any inspections of these systems required by governing bodies. Landlord is responsible for the permitting and routine maintenance of the well system and septic system, including any necessary pumping and cleaning of the septic system. While all or any part of such well or septic system is not functioning, Landlord shall provide, at Landlord's sole cost, risk and expense, potable water and sanitary facilities at the Premises and shall maintain the same in good working order until the well and septic system are functioning as required by the Postal Service.
h. Utilities. All utilities, including all systems and structures and the components thereof which deliver such utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, under floors and

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
Maintenance Rider USPS Responsibility (Partial)
March 2021 Page 2 of 3
inside ceilings. This excludes additional systems and/or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment needs.

This also excludes interior sinks, toilets, electrical panels, electrical outlets, and HVAC units. i. Water remediation. Inspection and remediation of recurring pooling and ponding water (interior and exterior) that interferes with the use and occupancy of the Premises or that is required under applicable codes and ordinances.
j. Retention Ponds. Any retention ponds.
k. Sink Holes. Any sink holes and any damage resulting therefrom. l. Exterior Site Related Issues. All site related issues at the exterior of the Property, including but not limited to, damage caused by trees, overhanging branches, and roots (whether such items cause damage either on or off the Property) that interferes with the use and occupancy of the Premises or that is required under applicable codes and ordinances (but not including landscaping).

4. Completion of Maintenance, Repair, or Replacement by Landlord. a. If the Landlord is required to maintain, repair or replace something under this Lease, including, without limitation, this Rider, Landlord must perform all maintenance, repairs and replacements promptly and in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in the Postal Service's notice. If Landlord does not finish the maintenance, repairs or replacements within the time period set forth in the Postal Service's notice, then unless the Landlord requests more time, and the Postal Service grants more time using its reasonable judgment, then the Postal Service may (i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government, or (ii) terminate the Lease on a date specified by the Postal Service in the notice to Landlord.
b. In the case of an emergency (as reasonably determined by the Postal Service), then notwithstanding the above provision, the Postal Service may give Landlord notice by phone or other method and may give such shorter notice as is practicable under the circumstances. Upon notice, Landlord must immediately start the maintenance, repairs or replacements and if Landlord fails to start such maintenance, repairs or replacements immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and/or interest, from the Landlord and from Rent and any other payments and reimbursements due or to become due to Landlord from the Postal Service or the federal government.
c. In addition to any other remedies of the Postal Service, the Postal Service may abate Rent and all other payments and reimbursements due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use as a result of Landlord's failure to maintain, repair or replace as required by this Lease. Rent and other payments and reimbursements due or to become due to Landlord will be abated in proportion to the impairment or loss of use as determined by the Postal Service. No exercise by the Postal Service of its right to rent abatement as stated above is intended to extend the time periods for the completion of any maintenance, repair or replacement set forth above.

5. Health and Safety. In performing the maintenance, repair and/or replacement obligations under this Lease, Landlord must:
a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
Maintenance Rider USPS Responsibility (Partial)
March 2021 Page 3 of 3
(CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA);
b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and
c. take all other proper precautions to protect the health and safety of:
(1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and
(3) the public.

Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor.

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
Utilities and Services Rider
March 2021 Page 1 of 2
Unless otherwise indicated below, the responsibilities of Landlord identified in this Utilities and Services Rider are a part of the Rent paid under the Lease and are not subject to reimbursement by the Postal Service.

1. HEAT
The Postal Service pays all recurring fuel charges to the Premises, provided such charges are separately metered, by a meter or sub-meter installed by Landlord at Landlord's expense, to measure the Postal Service's consumption of fuel.

2. ELECTRICITY
The Postal Service will pay all recurring electric bills, provided such charges are separately metered, by a meter or sub-meter installed by Landlord at Landlord's expense, to measure the Postal Service's consumption.

3. WATER
At all times, Landlord must ensure that there is potable water serving the Premises. If at any time the water provided to the Premises is not potable, then the Landlord shall furnish potable water in a quantity sufficient to serve the maximum number of postal employees located at the Premises on a regular basis, and shall ensure such potable water is available at all times. Landlord must pay for all recurring charges related to the provision of such potable water.

The Premises are hooked up to a public water system. The Postal Service must pay for all recurring charges for such water services, provided such charges are separately metered, by a meter or sub-meter installed at Landlord's expense, for the measurement of Postal Service's consumption.

4. SEWER
The Premises are hooked up to a public sewer system. The Postal Service must pay for all recurring charges for such sewer services, provided such charges are separately metered, by a meter or sub-meter installed at Landlord's expense, for the measurement of Postal Service's consumption.

5. TRASH
Postal Service is responsible for all trash removal and disposal from the Premises and will provide its own trash receptacle or receptacles at its cost in a location acceptable to the Postal Service either on the Premises or in the common areas, if any.

6. SNOW
The Postal Service agrees to remove snow and ice at the cost of the Postal Service from only those areas used exclusively by the Postal Service, which may include all or only portions of the sidewalks, driveways, drive aisles, entrances, exits, parking and maneuvering areas, and any other areas providing exclusive access to the Premises used by the Postal Service's employees, contractors, or customers (including,but not limited to, stairs, handicap access ramps, carrier ramps, etc.). The Postal Service is not responsible for, and will not pay the costs of, the removal of snow and ice from the roof or any areas not exclusively used by the Postal Service. Landlord is responsible for and must pay the costs of the timely removal of snow and ice from the roof, as well as all areas not exclusively used by the Postal Service.

Facility Name/Location
BALDWIN PARK - IRWINDALE BR (050480-002)
16025 CALLE DEL NORTE, BALDWIN PARK, CA 91706-9997
County: Los Angeles
Lease: Q90000910862
Utilities and Services Rider
March 2021 Page 2 of 2

7. CUSTODIAL SERVICES
Custodial Services for purposes of this Lease means the following: all duties considered necessary or desirable by the Postal Service to maintain cleanliness at the Premises and the Property. Custodial services include, but are not limited to the following tasks: vacuum and mop floors, empty trash containers, clean windows, sanitize bathroom fixtures and carry out any other tasks related to cleaning dirt and debris from the inside or the outside of a particular building, including the parking areas, driveways, drive aisles, entrances, exits, sidewalks, lighting, and other exterior features. Custodial services do not include landscaping, or roof or gutter cleaning.

The Postal Service will provide its own custodial services for the interior and exterior of the Premises at such time and in such manner as the Postal Service considers necessary.

8. LANDSCAPING
Landscaping for purposes of this Lease means an exterior area devoted to or developed and maintained with plantings, decorative outdoor landscape elements, sculptures, benches, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding sidewalks, driveways, parking, loading or storage areas).

The Postal Service has no responsibility for any landscaping, except that the Postal Service will be responsible for cutting the grass and trimming low shrubs at such times and in such manner as the Postal Service determines necessary in its sole discretion.

Form W-9
(Rev. March 2024)
Request for Taxpayer
Identification Number and Certification
Department of the Treasury
Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the
requester. Do not
send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. Print or type. See Specific Instructions on page 3. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)
2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . .

Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)
3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . . 4 Exemptions (codes apply only to
certain entities, not individuals;
see instructions on page 3):

Exempt payee code (if any)
Exemption from Foreign Account Tax
Compliance Act (FATCA) reporting
code (if any)
(Applies to accounts maintained
outside the United States.)
5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign
Here
Signature of
U.S. person Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)

Form W-9 (Rev. 3-2024) Page 2
must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid).
• Form 1099-DIV (dividends, including those from stocks or mutual funds).
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds).
• Form 1099-NEC (nonemployee compensation).
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers).
• Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition).
• Form 1099-C (canceled debt).
• Form 1099-A (acquisition or abandonment of secured property).

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued);

2. Certify that you are not subject to backup withholding; or

3. Claim exemption from backup withholding if you are a U.S. exempt payee; and

4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and

5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.

The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust.
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust.

See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester;

2. You do not certify your TIN when required (see the instructions for Part II for details);

3. The IRS tells the requester that you furnished an incorrect TIN;

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or

5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filledout form” above (for reportable interest and dividend accounts opened after 1983 only).

Form W-9 (Rev. 3-2024) Page 3
Certain payees and payments are exempt from backup withholding.

See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.

What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2.

Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.

IF the entity/individual on line 1
is a(n) . . .

THEN check the box for . . .
• Corporation Corporation.
• Individual or
• Sole proprietorship
Individual/sole proprietor.
• LLC classified as a partnership
for U.S. federal tax purposes or
• LLC that has filed Form 8832 or
2553 electing to be taxed as a
corporation
Limited liability company and
enter the appropriate tax
classification:

P = Partnership,
C = C corporation, or
S = S corporation.
• Partnership Partnership.
• Trust/estate Trust/estate.

Line 3b
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.

Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.

Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2).

Form W-9 (Rev. 3-2024) Page 4
2—The United States or any of its agencies or instrumentalities. 3—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities.
5—A corporation.
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory.
7—A futures commission merchant registered with the Commodity Futures Trading Commission.
8—A real estate investment trust.
9—An entity registered at all times during the tax year under the Investment Company Act of 1940.
10—A common trust fund operated by a bank under section 584(a). 11—A financial institution as defined under section 581. 12—A middleman known in the investment community as a nominee or custodian.
13—A trust exempt from tax under section 664 or described in section 4947.

The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt
for . . .
• Interest and dividend payments All exempt payees except for 7.
• Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.

S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
• Barter exchange transactions
and patronage dividends
Exempt payees 1 through 4.
• Payments over $600 required to
be reported and direct sales over
$5,0001
Generally, exempt payees
1 through 5.2
• Payments made in settlement of
payment card or third-party
network transactions
Exempt payees 1 through 4.
1See Form 1099-MISC, Miscellaneous Information, and its instructions. 2However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) entered on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37).

B—The United States or any of its agencies or instrumentalities.

C—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities.

D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i).

E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i).

F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state.

G—A real estate investment trust.

H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940.

I—A common trust fund as defined in section 584(a).

J—A bank as defined in section 581.

K—A broker.

L—A trust exempt from tax under section 664 or described in section 4947(a)(1).

M—A tax-exempt trust under a section 403(b) plan or section 457(g) plan.

Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number).

This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter “NEW” at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately.

To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.

You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Form W-9 (Rev. 3-2024) Page 5
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.

You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint account)
other than an account maintained by
an FFI
The actual owner of the account or,
if combined funds, the first individual
on the account1

3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account

4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2

5. a. The usual revocable savings trust
(grantor is also trustee)
The grantor-trustee1
b. So-called trust account that is not
a legal or valid trust under state law
The actual owner1

6. Sole proprietorship or disregarded
entity owned by an individual
The owner3

7. Grantor trust filing under Optional
Filing Method 1 (see Regulations
section 1.671-4(b)(2)(i)(A))**
The grantor*
For this type of account: Give name and EIN of:

8. Disregarded entity not owned by an
individual
The owner

9. A valid trust, estate, or pension trust Legal entity4

10. Corporation or LLC electing corporate
status on Form 8832 or Form 2553
The corporation

11. Association, club, religious, charitable,
educational, or other tax-exempt
organization
The organization

12. Partnership or multi-member LLC The partnership

13. A broker or registered nominee The broker or nominee

14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or prison)
that receives agricultural program
payments
The public entity

15. Grantor trust filing Form 1041 or
under the Optional Filing Method 2,
requiring Form 1099 (see Regulations
section 1.671-4(b)(2)(i)(B))**
The trust
1 List first and circle the name of the person whose number you furnish.

If only one person on a joint account has an SSN, that person’s number must be furnished.
2Circle the minor’s name and furnish the minor’s SSN.
3You must show your individual name on line 1, and enter your business or DBA name, if any, on line 2. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) *Note: The grantor must also provide a Form W-9 to the trustee of the trust.
**For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax return preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Form W-9 (Rev. 3-2024) Page 6
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059.

Protect yourself from suspicious emails or phishing schemes.

Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).

If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Go to www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.

Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payors must generally withhold a percentage of taxable interest, dividends, and certain other payments to a payee who does not give a TIN to the payor.

Certain penalties may also apply for providing false or fraudulent information.

Nov COMMISSION AGREEMENT 20, 2024
This Commission Agreement (this “Agreement”), made as of the last date written below, is between CITY OF IRWINDALE (“Lessor”), and Jones Lang LaSalle Americas, Inc. (“Broker”) as co-broker to Jones Lang LaSalle Americas, Inc. (“Agreement”), (“Agreement”), and confirms the terms under which Lessor will pay a real estate brokerage commission to Broker if a lease (“Lease”) is executed by Lessor and the United States Postal Service (“Tenant”) for that certain real property described as:

BALDWIN PARK IRWINDALE BR, 16025 CALLE DEL NORTE, BALDWIN PARK, CA USPS Property ID 050480-002
Hereinafter, the “Property”

1. Lessor will pay Broker, and Broker will accept as its compensation for representing Tenant in connection with the Lease a commission equal to:

Annual Rent Aggregate Lease Value Commission Rate Commission Amount Due $24,800.00 $124,000.00 3.85% $4,800.00

2. The commission will be earned 100% upon full execution of the Lease and will be paid to Broker within thirty (30) days.

3. The Aggregate Lease Value will include the initial rental to be paid by Tenant on all space leased by the Tenant and any fixed annual or other periodic bumps and/or fixed annual other periodic rent escalations occurring during the initial term of the Lease. The Aggregate Lease Value will not include any rental abatement, operating expenses and/or real estate taxes, any additional amounts paid by Tenant for services over and above those furnished by Lessor as part of the Lease, and option periods and/or lease terms beyond the initial term of the Lease. In no event shall the foregoing preclude Broker from receiving a commission for any extension, renewal, expansion or additional leasing in the event Tenant has engaged Broker to represent it.

4. Lessor agrees that it will not modify or in any way reduce the amount of Broker's commission hereunder.

5. This Agreement shall be construed under and in accordance with the laws of the state in which the Property is located. If either party institutes any action or proceeding against the other relating to the provisions of this Agreement, the unsuccessful party in the action or proceeding will reimburse the prevailing party all reasonable expenses, attorneys’ fees, and disbursements.

THE PARTIES HEREBY WAIVE TRIAL BY JURY. Delinquent payments hereunder shall earn interest at the rate of one-anda-half percent (1.5%) per month from the date due until paid.

6. In the event of a sale or other conveyance of the Property by Lessor, any portion of the commission which has not yet been paid to Broker pursuant to this Agreement shall thereupon become due and payable by Lessor in full upon closing of the sale or conveyance of the Property, unless the buyer or new owner of the Property executes and delivers to Broker an agreement, reasonably acceptable to Broker, which assumes the obligation to pay the unpaid portion of the commission to Broker. If the foregoing occurs, then Lessor shall have no further liability for the unpaid portion of the commission.

7. This Agreement will continue to be in effect until the first anniversary of its full execution. If on the first anniversary the Lessor and Tenant are still negotiating for the Lease of the Property, to the extent not prohibited by law, this Agreement will be automatically extended until such negotiations cease, or a lease is fully executed.

8. Pursuant to applicable state code or statute, Broker reserves the right to file a lien on the Property to secure the commission due to Broker hereunder.

9. This Agreement constitutes the entire agreement between Lessor and Broker and supersedes all prior discussions, negotiations, and agreements, whether oral or written. No amendment, alteration, or withdrawal of this Agreement will be valid or binding unless made in writing and signed by both Lessor and Broker. This Agreement will be binding upon the successors and assignees of the parties.

10. Lessor acknowledges that a client fee share may be payable by Broker to Tenant, if allowed by applicable law.

11. Each signatory to this Agreement represents and warrants that it has full authority to sign this Agreement on behalf of the party for whom it signs, and that this Agreement binds such party.

BROKER:

Jones Lang LaSalle Americas, Inc.

LESSOR:

CITY OF IRWINDALE
By:
_______________________________________________
Name and Title
Dated:

By:
_______________________________________________
Name and Title
Dated:

Item #24.I.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Update and Expenditure Plan for Use of the Remaining American Rescue Plan Act (ARPA) Funding.

City Manager's Recommendation:

That the City Council (1) Receive an update regarding the American Rescue Plan Act (ARPA), and (2) Adopt Resolution No. 2024-108-3585 entitled, "A Resolution of the City Council of the City of Irwindale Amending the FY 2024-2025 Operating Budget and Appropriating American Rescue Plan Act (ARPA) funds for Various City Needs".

Administrative Action:

Submitted / Prepared / Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

In March 2020, due to the rampant spread of Coronavirus (Pandemic), a state of emergency was declared at the local, state, and federal levels and stay-at-home orders issued, which had an enormous

impact on the local, state and national economy as well as the City’s finances.

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), a $1.9 trillion stimulus package, to counteract the economic impacts of the pandemic. The bill provided $350 billion to state, territorial, local and tribal governments, of which, $19.53 billion was to support tens of thousands of non-entitlement units of local government, which are local governments typically serving a population under 50,000.

The City of Irwindale received $345,914. ARPA funds must be spent or appropriated for use for the period between March 3, 2021, and December 31, 2024. However, the funds do not have to be actually expended until December 31, 2026. The U.S. Treasury final Rule gives recipients substantial flexibility for each government to meet local needs—including government services, support for households, small businesses, impacted industries, essential workers, and the communities hardest hit by the crisis. These funds can also be used to make investments in water, sewer, and broadband infrastructure.

The stated goals of the funds were:
• Support urgent COVID-19 response efforts to continue to decrease the spread of the virus and bring the pandemic under control
• Replace lost revenue for eligible state, local, territorial, and tribal governments to strengthen support for vital public services and help retain jobs
• Support immediate economic stabilization for households and businesses • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic
The City Council previously approved staff’s recommendation to use $283,700 as follows:

FY 2021-2022 - $64k to provide for a one-time premium pay retention bonus for eligible IPOA employees who worked during the pandemic, and were employed by the City at the time the MOU was approved.

FY 2022-2023 - $133,700 – $82,700 for one Police Vehicle, $21k for Council Chamber Audio, $10k for Agenda Management Solution, $8k for Office 365 License Subscription (25%), $6k for Environmental Compliance Software, $6k for Wireless Access Point, Adobe Sign, and Internet Service for Field Inspection.

FY 2023-2024 - $86k to replace a 2004 Ford Handicap Van for the Senior Center. This amount was later adjusted for the vehicle's market price at $8,989.

Staff is recommending the remaining $53,225 ARPA funds be allocated as follows:

FY 2024-2025 - $33,147 to Replace Nine (9) Park Benches, $16,505 for Three (3) iPads, Seven (7) Touch Screens, and One (1) Exercise Bike for Senior Center, $2,140 additional amount needed for the purchase of the Van for the Senior Center, and $1,433 games for Recreation.

Fiscal Impact:

Although the City has already received $345,914 in ARPA funds from the federal government, the City Council’s appropriation and reallocation of these funds will have no net fiscal impact on the City. With these ARPA funds guaranteed to be obligated by the deadline of December 31, 2024, and expended by the deadline of December 31, 2026, the City will be in compliance with the Treasury Department’s Final Rule requirements and avoid having to return these funds to the federal government.

Attachments:

1. Resolution No 2024-108-3585

Resolution No. 2024-108-3585

RESOLUTION NO. 2024-108-3585

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE FY 2024-2025 OPERATING BUDGET AND

APPROPRIATING AMERICAN RESCUE PLAN ACT (ARPA) FUNDS

FOR VARIOUS CITY NEEDS
WHEREAS, the United States Congress passed and President Biden signed the American Rescue Plan Act of 2021, on March 11, 2021; and WHEREAS, the American Rescue Plan Act of 2021 (ARPA), a $1.9 trillion dollar relief bill, established the Coronavirus State and Local Fiscal Recovery Funds to provide $19.53 billion in emergency funding for eligible non-entitlement units of local governments; and
WHEREAS, the City of Irwindale was allotted and received $345,914 in ARPA funding; and
WHEREAS, the Coronavirus Local Fiscal Recovery Fund (Recovery Fund) is intended to provide support to State, local, and Tribal governments in responding to the impact of COVID-19 on communities, residents, and businesses; and WHEREAS, the Recovery Funds is also intended to help local governments address the revenue losses experienced as a result of the crisis the Recovery Fund is meant to provide assistance to households, small businesses and nonprofits, aid to impacted industries, and to invest in infrastructure, including water, sewer, and broadband services; and
WHEREAS, staff has identified several projects the Recovery Funds is also intended to help local governments address the revenue losses experienced as a result of the crisis the Recovery Fund is meant to provide assistance to households, small businesses and nonprofits, aid to impacted industries, and to invest in infrastructure, including water, sewer, and broadband services.

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

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

SECTION 2. The City Council of the City of Irwindale herby approves a budget amendment made on July 1, 2024, to FY 2023-2024 adopted budget in the amount of

Resolution No. 2024-108-3585

$8,989 using ARPA Funds, for the additional amount needed to acquire the Handicap Van for the Senior Center.

SECTION 3. The City Council of the City of Irwindale herby approves the budget amendment to the FY 2024-2025 adopted budget by appropriating the remaining $53,225 of ARPA funds and authorize the expenditure of the said amount for the following governmental services:
$33,147 to Replace nine (9) Park Benches, $16,505 for Three (3) iPads, seven (7) Touch Screens, and one (1) Exercise Bike for the Senior Center, $2,140 additional funds now needed for the purchase the Handicap Van for the Senior Center, and $1,433 games for the Recreation.

SECTION 4. The City Council of the City of Irwindale herby authorizes City Staff to take all necessary actions to implement the intent of this Resolution using ARPA funds on eligible expenditures and to finalize and comply with both reporting and review requirements mentioned under both Federal and State statutes.

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

SECTION 5. That 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 11th day of December 2024. ________________________________
, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Resolution No. 2024-108-3585

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-108-3585 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 11th day of December 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

Item #24.J.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Memorandum of Understanding with the Irwindale Police Officers' Association (IPOA)
City Manager's Recommendation:

Approve the Memorandum of Understanding by and between the City of Irwindale and the Irwindale Police Officers' Association July 1, 2024 – June 30, 2027.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, Human Resources / Risk Manager
Reviewed by:

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

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Memorandum of Understanding (MOU) between the City of Irwindale (City) and the Irwindale Police Officers' Association (IPOA) expired on June 30, 2024. Pursuant to the Meyers-Milias-Brown Act (MMBA), representatives from the City and IPOA commenced negotiations for a successor MOU (IPOA MOU 2024-2027) in March 2024. On August 28, 2024, the City Council adopted Resolution No. 2024- 74-3551, accepting a Tentative Agreement for a Successor MOU with the IPOA. The IPOA MOU 2024- 2027 incorporates all negotiated deal points previously approved by the City Council through the Tentative Agreement.

The City’s labor relations representatives and representatives for the IPOA have concurrently and jointly prepared the IPOA MOU 2024-2027, subject to City Council approval. Once approved by the governing body of a local agency, an MOU becomes a binding agreement between the employee organization and the local agency.

Fiscal Impact:

The fiscal impact of all approved negotiated changes to the IPOA MOU 2024-2027 for each covered fiscal year was identified when the Tentative Agreement was approved. Changes have been incorporated into the FY 2024-25 budget and will be reflected in future budgets.

Attachments:

1. Irwindale Police Officers' Association (IPOA) MOU 2024-2027

MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE CITY OF IRWINDALE AND

THE IRWINDALE POLICE OFFICERS' ASSOCIATION
JULY 1, 2024 – JUNE 30, 2027

Table of Contents
ARTICLE 01 RECOGNITION OF THE ORGANIZATION ......................................................... 1 SECTION 01.01 UNIT & UNION RECOGNITION ................................................. 1 ARTICLE 02 TERM OF MOU.................................................................................................... 1 SECTION 02.01 TERM ESTABLISHED................................................................ 1 ARTICLE 03 CITY MANAGEMENT RIGHTS ........................................................................... 1 SECTION 03.01 CITY RESPONSIBILITIES AND RIGHTS................................... 1 ARTICLE 04 EMPLOYEE ORGANIZATION RIGHTS................................................................ 1 SECTION 04.01 MEMBERSHIP AND DUES DEDUCTION.................................. 1 SECTION 04.02 INDEMNIFICATION OF CITY..................................................... 2 SECTION 04.03 REPRESENTATIVES' RIGHTS.................................................. 2 SECTION 04.03 ALLOWED TIME FOR REPRESENTATIVES. ........................... 3 SECTION 04.04 ACCESS TO NEW EMPLOYEE ORIENTATIONS AND

PROVISION OF NEW EMPLOYEE INFORMATION (AB
119 PROVISIONS) ..................................................................... 3 ARTICLE 05 NO STRIKE - NO LOCKOUT PLEDGE ................................................................ 3 SECTION 05.01 EMPLOYEE ORGANIZATION PROHIBITED CONDUCT
.................................................................................................... 3 SECTION 05.02 CITY PROHIBITED CONDUCT.................................................. 4 ARTICLE 06 BASIC COMPENSATION PLAN & OTHER PAY BENEFITS............................... 4 SECTION 06.01 BASIC COMPENSATION PLAN................................................. 4 SECTION 06.02 SALARY AND WAGE SCHEDULES .......................................... 4 SECTION 06.03 BILINGUAL BONUS PAY ........................................................... 4 SECTION 06.04 EDUCATION INCENTIVE BONUS PAY..................................... 4 SECTION 06.05 WATCH COMMANDER PAY...................................................... 6 SECTION 06.06 SPECIAL ASSIGNMENT PAY.................................................... 6 SECTION 06.07 RESERVE OFFICER PAY.......................................................... 6 SECTION 06.08 UNIFORM ALLOWANCE............................................................ 6 SECTION 06.09 ANNUAL SERVICE AWARD PAY.............................................. 7 SECTION 06.10 LONGEVITY BONUS.................................................................. 7 SECTION 06.11 MINIMUM PROMOTIONAL COMPENSATION .......................... 7 SECTION 06.12 CORPORAL PAY AND ELIGIBILITY PROTOCOL..................... 7 SECTION 06.13 COMPENSATORY LEAVE......................................................... 7 SECTION 06.14 TUITION REIMBURSEMENT PROGRAM ................................. 8 SECTION 06.15 CANINE MAINTENANCE ........................................................... 8 ARTICLE 07 HOURS, WORK SCHEDULES & OVERTIME ...................................................... 8 SECTION 07.01 SWORN NORMAL WORKWEEK & PAYBACK TIME................ 8 SECTION 07.02 POLICE DISPATCHER/CLERK WORKWEEK........................... 9 SECTION 07.03 CALCULATION OF OVERTIME............................................... 10 SECTION 07.04 4/10 WORK SCHEDULE FOR POLICE DETECTIVES, K-9 OFFICERS, COMMERCIAL ENFORCEMENT
OFFICERS, AND MOTOR OFFICERS..................................... 10 SECTION 07.05 PREPARATION OF WORK SCHEDULES............................... 10 SECTION 07.06 PART-TIME EMPLOYEE HOURS CAP ................................... 11 SECTION 07.07 INJURY ON DUTY.................................................................... 11

SECTION 07.08 SHOW-UP TIME....................................................................... 12 SECTION 07.09 COURT STANDBY TIME.......................................................... 12 ARTICLE 08 VACATION BENEFIT ........................................................................................ 12 SECTION 08.01 VACATION ACCRUAL ............................................................. 12 SECTION 08.02 USE OF VACATION ................................................................. 13 ARTICLE 09 HOLIDAY BENEFIT........................................................................................... 13 SECTION 09.01 HOLIDAY PAY FOR FULL-TIME IPOA MEMBERS................. 13 ARTICLE 10 LATERAL HIRE SPECIAL ACCRUAL AND BENEFIT RULES.......................... 13 SECTION 10.01 SPECIAL RULES...................................................................... 13 ARTICLE 11 LEAVES OF ABSENCE ..................................................................................... 14 SECTION 11.01 SICK LEAVE ACCRUAL........................................................... 14 SECTION 11.02 ELECTIVE CASH OUT OF VACATION AND SICK
LEAVE ...................................................................................... 14 SECTION 11.03 BEREAVEMENT LEAVE .......................................................... 15 SECTION 11.04 TRAINING CONFERENCE LEAVE.......................................... 15 SECTION 11.05 JURY DUTY.............................................................................. 16 SECTION 11.06 WITNESS LEAVE..................................................................... 16 ARTICLE 12 MEDICAL, INSURANCE AND RELATED BENEFITS ...................................... 16 SECTION 12.01 MEDICAL BENEFITS ............................................................... 16 SECTION 12.02 DENTAL BENEFITS ................................................................. 16 SECTION 12.03 VISION BENEFITS ................................................................... 16 SECTION 12.04 GROUP LIFE INSURANCE...................................................... 16 SECTION 12.05 ACCIDENTAL DEATH & DISMEMBERMENT POLICY
(AD&D)...................................................................................... 16 SECTION 12.06 ADDITIONAL VOLUNTARY LIFE AND AD&D
COVERAGE.............................................................................. 17 SECTION 12.07 CRPOA MEMBERSHIP............................................................ 17 SECTION 12.08 IRS SECTION 125 PROGRAM ................................................ 17 SECTION 12.09 EAP PROGRAM ....................................................................... 17 SECTION 12.10 STATE SHORT-TERM DISABILITY INSURANCE................... 17 SECTION 12.11 MEDICAL, DENTAL & VISION INSURANCE PREMIUM OPT OUT.................................................................................. 17 ARTICLE 13 RETIREMENT BENEFITS ................................................................................. 17 SECTION 13.01 PARS MEMBERSHIP............................................................... 17 SECTION 13.02 CALPERS MEMBERSHIP........................................................ 18 SECTION 13.03 RETIREE MEDICAL ................................................................. 21 SECTION 13.04 DEFERRED COMPENSATION ................................................ 22 ARTICLE 14 MISCELLANEOUS PROVISIONS..................................................................... 22 SECTION 14.01 DIRECT DEPOSIT REQUIREMENT. ....................................... 22 SECTION 14.02 COMPLIANCE WITH P.O.S.T. AND ADDITIONAL
TRAINING REQUIREMENT ..................................................... 22 SECTION 14.03 EQUIPMENT CERTIFICATION AND MAINTENANCE ............ 22 SECTION 14.04 DOCUMENTS CONTAINING PERSONAL EMPLOYEE
INFORMATION......................................................................... 23 SECTION 14.05 PURGING OF CITIZENS' COMPLAINTS................................. 23 SECTION 14.06 MINIMUM STAFFING LEVEL (MSL)........................................ 23

SECTION 14.07 CONFIGURATION OF POLICE VEHICLE
EMERGENCY EQUIPMENT .................................................... 24 SECTION 14.08 POLICE OFFICER SIDEARMS ................................................ 24 SECTION 14.09 APPLICATION OF PUBLIC SAFETY OFFICERS'

PROCEDURAL BILL OF RIGHTS ACT TO RESERVE
OFFICERS................................................................................ 24 SECTION 14.10 TIMELY CONCLUSION OF PERSONNEL
COMPLAINTS........................................................................... 24 SECTION 14.11 COMPUTER LOAN PROGRAM ............................................... 24 SECTION 14.12 CONTRACTING OUT PROVISION .......................................... 25 ARTICLE 15 COMPLETION OF NEGOTIATIONS AND FULL UNDERSTANDING.............. 25 SECTION 15.01 COMPLETION OF NEGOTIATIONS........................................ 25 SECTION 15.02 FULL INTEGRATION AND UNDERSTANDING....................... 25 SECTION 15.03 PENDING MEET AND CONFER ITEMS.................................. 25 ARTICLE 16 DRAFTING PROVISIONS ................................................................................. 26 SECTION 16.01 SEVERABILITY DECLARED.................................................... 26 SECTION 16.02 JOINT DRAFTING .................................................................... 26 SECTION 16.03 MODIFICATION........................................................................ 26 ARTICLE 17 RATIFICATION AND EXECUTION ................................................................... 26 ATTACHMENT “A-1” SALARY SCHEDULE EFFECTIVE SEPTEMBER 1, 2024 ATTACHMENT “A-2” SALARY SCHEDULE EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2025
ATTACHMENT “A-3” SALARY SCHEDULE EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2026

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 ARTICLE 01

RECOGNITION OF THE ORGANIZATION
SECTION 01.01 UNIT & UNION RECOGNITION
For the purposes of meeting its obligations under this Memorandum of Understanding (hereinafter referred to as the "MOU"), the Meyers-Milias-Brown Act, Government Code Sections 3500 et seq, City rules, regulations, and/or laws affecting wages, hours, and other terms and conditions of employment, the City of Irwindale (hereinafter referred to as the "City") hereby affirms its recognition of the Irwindale Police Officers' Association (hereinafter referred to, along with any successor employee organizations, as the "Recognized Employee Organization"), an unincorporated association, as the exclusive and majority representative of the employee bargaining unit containing the following position titles and salary ranges, effective July 1, 2024, (hereinafter referred to as the "IPOA Unit"):

Position Title Salary Range
Police Sergeant 63
Police Officer 52
Police Dispatcher/Clerk 38
Reserve Police Officer Hourly (at will)
ARTICLE 02

TERM OF MOU
SECTION 02.01 TERM ESTABLISHED
The term of this MOU shall be effective from and after July 1, 2024 and shall expire at midnight on June 30, 2027.

ARTICLE 03

CITY MANAGEMENT RIGHTS
SECTION 03.01 CITY RESPONSIBILITIES AND RIGHTS
Except as expressly modified or restricted by a specific provision of this MOU, past practice, or other City enactment, federal or state law, all managerial rights, prerogatives, and functions that are inherent and/or established by statute, regulation, local ordinance, local resolution, or judicial, administrative or common law, are retained and vested exclusively in the City.

ARTICLE 04

EMPLOYEE ORGANIZATION RIGHTS
SECTION 04.01 MEMBERSHIP AND DUES DEDUCTION
Recognized Employee Organization is the exclusive bargaining agent for the Unit and shall have the sole and exclusive right to have membership dues and other authorized payments deducted for member employees covered by this Agreement by the City.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 Recognized Employee Organization shall certify that it has and will maintain authorizations signed by each member employee for the deduction of membership dues and other authorized payments, and shall provide the certification to the City on an annual basis. Recognized Employee Organization shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or the terms of the authorization.

Upon the receipt of such certification from Recognized Employee Organization, the City shall provide for payroll deductions twice per month, with half of the monthly dues deducted from the first paycheck of the month, and the remaining balance of the monthly dues deducted from the second paycheck of the month, for a total of 24 deductions per calendar year of Recognized Employee Organization's dues and other authorized payments, in the amount certified to be current by Recognized Employee Organization. The City shall remit the total amount of deductions and authorized payments to Recognized Employee Organization on a monthly basis.

The City shall make, cancel, or change membership dues and other authorized payments only upon receipt of certification from Recognized Employee Organization, and shall decline to make, cancel, or change membership dues and other authorized payments from any individual employee. Any change or cancellation in dues deductions shall be certified and provided to the City within thirty (30) days prior to the effective date of such change or cancellation. Recognized Employee Organization shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other authorized payments pursuant to this Article. If Recognized Employee Organization does not notify the City of any discrepancy within ten (10) days, then the City shall be relieved of any responsibility.

Membership within and/or payment of any dues or fees to Recognized Employee Organization shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining Recognized Employee Organization.

SECTION 04.02 INDEMNIFICATION OF CITY
Recognized Employee Organization shall indemnify, defend, and hold harmless the City for (i) any claims made by an individual employee relating to deductions made in reliance upon any certification from Recognized Employee Organization; and (ii) any liability arising from any claims, demands, or other action relating to the City’s compliance with this provision relating to maintenance of membership. The City shall have the right to select and direct legal counsel in the case of any challenge to the City’s compliance with this provision, and Recognized Employee Organization agrees to pay any attorney, arbitrator, or court fees, costs and expenses related thereto or associated therewith. Any claims, demands, disputes arising from the application or interpretation of this provision shall be filed with Recognized Employee Organization and shall not be subject to the City’s grievance procedure.

SECTION 04.03 REPRESENTATIVES' RIGHTS
The Recognized Employee Organization may select a total of four (4) representatives for the IPOA Unit for purposes of labor negotiations. The Recognized Employee Organization shall give to the City a written list of employees who have been selected as representatives upon written request of the City. For purposes other than labor negotiations (such as grievances and/or disciplinary actions), IPOA Unit members shall be entitled to select any one representative of their choice from the IPOA Unit and/or an attorney to assist them in such matters.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 Representatives may spend a reasonable amount of time to promptly and expeditiously investigate and process grievances without loss of pay or benefits of any kind. Representatives shall be free from reprisal and shall not in any way be coerced, intimidated or discriminated against as a result of their activities and roles as representatives.

Representatives shall notify and obtain permission from their supervisor before leaving their work to transact any employee organization business. Permission will be granted promptly unless such absence would cause an undue interruption of work. If such permission cannot be granted promptly, the representative will be immediately informed when the time will be available.

The Recognized Employee Organization agrees that a representative shall not log compensatory time or overtime pay for the time spent performing any function of a representative.

SECTION 04.03 ALLOWED TIME FOR REPRESENTATIVES.

The City agrees to allow representatives an average of two (2) hours per month to transact and discuss employee organization business during their regular working hours subject to the discretion of the Chief of Police or designee.

SECTION 04.04 ACCESS TO NEW EMPLOYEE ORIENTATIONS AND PROVISION OF NEW EMPLOYEE INFORMATION (AB 119 PROVISIONS)
The City will notify the Union President in writing or via email regarding all new hires at least ten (10) days prior to the employee’s orientation unless there is an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the Union President with the new employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

The Union shall be permitted one (1) hour for each orientation session to talk to new Unit members to explain the rights and benefits under the MOU.

The City will provide the Union President a quarterly list of all employees in the Unit, including the employee’s name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers.

ARTICLE 05

NO STRIKE - NO LOCKOUT PLEDGE
SECTION 05.01 EMPLOYEE ORGANIZATION PROHIBITED CONDUCT
The Recognized Employee Organization, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause nor condone any strike, walkout, slowdown, sick-out, or any other concerted job action by withholding or refusing to perform services. A violation of this Section by any employee shall constitute a just cause for discipline.

Taking joint action or joining other employee organization(s) to engage in such activity is included in this prohibition.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 05.02 CITY PROHIBITED CONDUCT
The City agrees that it shall not lockout its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of the employees of the City in the exercise of its rights as set forth in any provisions of this MOU or applicable ordinance or law.

ARTICLE 06

BASIC COMPENSATION PLAN & OTHER PAY BENEFITS
SECTION 06.01 BASIC COMPENSATION PLAN
The City has established a basic compensation plan through Council Resolution for all represented unit members.

SECTION 06.02 SALARY AND WAGE SCHEDULES
A FY 2024-25: Effective September 1, 2024, there shall be a five percent (5%) across-the board base salary cost of living adjustment (“COLA”) increase for all employee classifications in the IPOA bargaining unit. Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-1.

B. FY 2025-26: Effective the first payroll period commencing on or after July 1, 2025, there shall be a four percent (4%) base salary increase for all IPOA represented employees. Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA. The salary schedule is set forth in Attachment A-2.

C. FY 2026-27: Effective the first payroll period commencing on or after July 1, 2026, there shall be a three and a half percent (3.5%) base salary increase for all IPOA represented employees. Bargaining unit members’ base salaries shall increase correspondingly within their individual salary ranges to reflect the COLA.

The salary schedule is set forth in Attachment A-3.

SECTION 06.03 BILINGUAL BONUS PAY
Effective September 1, 2024, full-time and part-time IPOA Unit members shall be entitled to bilingual pay in addition to basic compensation. Part-time members shall be paid at the rate of $0.50 per hour. Full-time members shall be paid at a capped single or combined rate of two and one-half (2.5%) percent of basic compensation, whichever is greater. These payments shall be made per pay period to those employees who prove proficient in Spanish and/or American Sign Language, and are required to use such languages during the course of City business. The City shall determine qualification requirements and an appropriate exam, which the employees will be required to meet and pass, respectively.

SECTION 06.04 EDUCATION INCENTIVE BONUS PAY
A. The education incentive bonus pay authorized by the previous IPOA MOU continued up to August 31, 2024. Effective September 1, 2024, sworn full-time IPOA Unit members shall be entitled to receive education incentive bonus pay in

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 addition to basic compensation (with a maximum educational incentive bonus of fifteen percent (15%) of basic compensation) for obtaining California Police Officers Standards and Training (P.O.S.T.) Certificates and College or University Diplomas as set forth by the percentages of basic compensation listed below (but with no doubling of degrees such as two BA degrees, two MA degrees, etc.):

2.5% Bonus for Intermediate Certificate;

2.5% Bonus for Advanced Certificate;

2.5% Bonus for Supervisory Certificate;

2.5% Bonus for AA/AS Degree or achieved at least
“Junior” status or higher at a four year college or
university (Junior status is defined as having
completed 60 semester or 90 quarter units)

2.5% Bonus for BA/BS Degree;

2.5% Bonus for MA/MS Degree.
15% Maximum educational incentive bonus
B. Non-sworn IPOA Unit members shall be entitled to receive education incentive bonus pay in addition to basic compensation as follows in place of receiving the two and one half percent (2.5%) bonus pay referenced in Section 6.04 A above and still with the limitation of no doubling of degrees or cumulative degrees:

1. Unit members with A.A./A.S. degrees or Junior status at college or university. Unit members who have been awarded at minimum an Associate in Arts (“A.A.”) degree, an Associate of Science (“A.S.) degree or achieved at least “Junior” year status or higher at a four year college or university, will receive an additional one thousand two hundred dollars ($1,200) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

2. Unit members with B.A./B.S. degrees. Unit members who have been awarded a Bachelors of Arts (“B.A.”) or Bachelors of Science (“B.S.”) degree will receive an additional one thousand five hundred dollars ($1,500) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

3. Unit members with Master’s degree. Unit members who have a Master’s degree will receive an additional one thousand eight hundred dollars ($1,800) per year maximum as an education incentive bonus to their base compensation. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

4. Unit members without a degree or less than Junior status at college or university. Unit members who do not meet the degree or educational requirement in subparagraphs 1-3 above, shall be provided an education incentive at a rate of five dollars ($5.00) per month for each three (3) units completed, up to a maximum of one-hundred dollars ($100.00) per month for courses taken while employed with the City. This incentive will be paid out biweekly over twenty-six (26) pay periods in a calendar year.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 C. Effective September 1, 2024, the effective date of the incentive bonus pay will be the date on the proof of education or certificate and will be retroactive to no more than thirty (30) days from when proof of education or certificate is received by Human Resources.

SECTION 06.05 WATCH COMMANDER PAY
One and one half hours at time and a half of bonus pay for full-time officers acting in the capacity of watch commander. Hours worked will be prorated in increments of .25 of an hour, or 15 minutes. An officer servicing in the special assignment of Corporal is not eligible for the pay provided by this Section.

SECTION 06.06 SPECIAL ASSIGNMENT PAY
IPOA Unit members in the following special assignments shall receive the following special assignment bonus pay in addition to basic compensation:

5.0% for up to four (4) Police Corporals (based on current staffing levels and needs of the department);

5.0% for Detective;

5.0% for Detective Sergeant;

2.5% for Range Master;

5.0% for Motor Officer;

5.0% for Commercial Enforcement Officer;

5.0% for K-9 Officer

2.5% for officers acting in the capacity of a Field Training Officer; and

2.5% for full-time permanent Police Dispatcher/Clerks who are acting in the capacity of "Training Dispatcher."
SECTION 06.07 RESERVE OFFICER PAY
The City has two reserve officer classifications, Level I and II, as designated by P.O.S.T. guidelines and who are at-will employees which receive the following pay:

A. Level I: Receives bottom step patrol pay;
B. Level II: Minimum Wage
SECTION 06.08 UNIFORM ALLOWANCE
IPOA Unit members in the following categories shall receive an annual uniform allowance on a separate paycheck to coincide with second paycheck in July as follows:

A. $1,400.00 for all full-time sworn IPOA Unit members; B. $750.00 for all sworn Reserve Police Officer IPOA Unit members; C. $900.00 for all full-time Police Dispatcher/Clerk IPOA Unit members;

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 06.09 ANNUAL SERVICE AWARD PAY
Full-time Unit members covered by this MOU shall be entitled on each qualifying employee’s fifth (5th) consecutive employment year to “Annual Service Award” pay of thirty dollars ($30.00) for each year worked, which shall be paid in December of the qualifying year at the Employee Annual Service Award Luncheon. If there is no Award Luncheon planned for the year, payment of the service award on a separate check shall coincide with the first paycheck in December of the qualifying year. Part-time employees receive a service award of ten ($10.00) under the same terms. The Unit member must still be employed by the City at the time of the payment to be eligible for this Annual Service Award pay.

SECTION 06.10 LONGEVITY BONUS
Full-time Unit members covered by this MOU hired on or before June 30, 2010 shall be entitled to receive a lump sum twenty thousand dollar ($20,000) longevity bonus only upon meeting each and all of the following terms and conditions:

A. The employee must retire from service at the City (which may include a disability retirement;
B. At the time of retirement, the employee must have completed a minimum twentyfive (25) years of continuous service with the City; C. The applicable starting date for determining the longevity bonus shall be the first day the employee performed compensable services as a regular full-time employee of the City; AND
D. No longevity bonus shall vest until the employee retires from the City.

All new employees hired on or after July 1, 2010 shall not be entitled to receive any longevity bonus.

SECTION 06.11 MINIMUM PROMOTIONAL COMPENSATION
City Personnel Rules 5.15.1 B is incorporated herein and requires that where an IPOA Unit member "who is promoted shall be compensated at the Step in the new salary range which comes nearest to but not less than five (5%) percent higher than the Step the employee held in the previous salary range."
SECTION 06.12 CORPORAL PAY AND ELIGIBILITY PROTOCOL
To be considered for the Police Corporal special assignment, candidates must meet the following eligibility requirements at the time of application deadline: Possession of an Intermediate POST Certificate, four years as a full-time police officer with at least two years as a full-time Irwindale Police Officer. Appointment to this special assignment shall be at the City’s sole discretion consistent with the Police Department Policy Manual.

SECTION 06.13 COMPENSATORY LEAVE
Effective September 1, 2024, eligible IPOA Unit members may accrue a maximum of one hundred forty (140) hours of compensatory leave.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 06.14 TUITION REIMBURSEMENT PROGRAM
City Personnel Rules Section 15.25 as applied to full-time Unit members is modified by this provision to the extent that the City and the Recognized Employee Organization agree that the City determines funding levels to be set at fifteen thousand dollars ($15,000) total for all full-time IPOA members combined per fiscal year for IPOA member tuition reimbursement during the term of this MOU. IPOA members applying for tuition reimbursement will initially receive twenty percent (20%) of the allocated fifteen thousand dollars ($15,000) per fiscal year. If, at the end of the fiscal year, uncommitted/unencumbered funds are available in the IPOA tuition reimbursement account, these remaining uncommitted/unencumbered funds will be used to further reimburse those employees who have accumulated reimbursable educational expenses in excess of twenty percent (20%) of the total available for that fiscal year. If more than one employee incurs such additional expenses, distribution of the remaining funds will be made equally among said qualifying employees until each individual employee has been fully reimbursed or until the funds have been depleted, whichever occurs first.

To be eligible for reimbursement, unit members must have completed their probationary period.

Reimbursement requests must be submitted within 60 days of completing the class or coursework or receiving the passing grade. In addition, the institution must be accredited by an agency recognized by the California Department of Education, U.S. Department of Education or Council for Higher Education Accreditation.

All courses taken and completed must have prior written approval of the Chief of Police or designee and the City Manager or designee and be related to the Unit member’s employment with the City, unless the course is part of classes necessary for obtaining a degree. Upon completion of each course, the Unit member must complete the appropriate City form requesting tuition reimbursement. Reimbursement will be made only after an employee has satisfactorily completed the class or workshop with the grade of C or better or equivalent completion and that evidence of same has been submitted and approved by the Personnel Officer. Unit members requesting reimbursement for course-related textbooks are required to turn the books in to the Human Resources Department. Textbooks should not be marked or written in and they must be in usable condition.

SECTION 06.15 CANINE MAINTENANCE
The parties agree that 13.0 hours of work time per pay period shall constitute equitable and reasonable time worked for any and all maintenance of the assigned canine (if and when canine service is again utilized.)
ARTICLE 07

HOURS, WORK SCHEDULES & OVERTIME
SECTION 07.01 SWORN NORMAL WORKWEEK & PAYBACK TIME
For purposes of IPOA Unit sworn personnel, the City designates and declares an established and regularly occurring twenty-eight (28) consecutive day work period pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §207(k). The City will pay sworn IPOA Unit members overtime for any hours deemed to have been worked in excess of one-hundred sixty (160) during the designated work period. Overtime requests shall be submitted when IPOA Unit members work hours outside their regularly scheduled shifts, but such requests shall be reconciled against the

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 one-hundred sixty (160) or forty (40) hour requirement applicable to their sworn or non-sworn position.

Effective November 18, 2008 the City implemented a work schedule consisting of an alternative 3/12.5 flexible work week consisting of three (3) consecutive days with each being a straight 12.5 hour work day.

For sworn personnel, ten (10) hours of additional time worked during a four-week period will go toward payback hours (i.e., court, training, range, patrol overtime, special assignment) counted at straight time. This flexible payback time is necessary for sworn IPOA unit members to meet their one-hundred sixty (160) hour over the twenty-eight (28) day work period obligation. This time shall under normal circumstances be prescheduled for patrol positions as part of a “payback” shift, with the exception on the rare occasion when unforeseeable circumstances may arise requiring more flexibility of proactive scheduling by department management. A training calendar will also be developed and must be adhered to during the twenty-minute schedule overlap. Hours that will not count toward payback time include speedway, watch commander pay, any other reimbursable or grant related assignment and will be paid at time and one half. Any payback time not paid back at the end of the four (4) week work period of sworn employees shall be deducted from the employees’ accrued compensatory time or accrued vacation. It is understood that IPOA unit members desire to work off their payback time and do not wish to use vacation or compensatory time, if possible.

A Police Officer may work the payback time off in training or patrol if scheduled. It is agreed that a Police Officer or other employee may be ordered to work at a certain time as needed by the Department upon being given forty-eight (48) hours advance notice. An employee may be ordered to work in an emergency without respect to the forty-eight (48) hour rule. An employee may volunteer to work payback time off at any time when the Chief of Police or designee determines there is a need for additional help. An officer's prescheduled payback shift shall not be canceled unless that officer is given at least seventy-two (72) hours notification prior to that prescheduled payback shift.

Court time may be used to satisfy the payback time obligation each month. No IPOA Unit member, however, will be paid for the hours between Night Watch or End of Watch (E.O.W.) at 6:00 a.m. and the time court pay becomes effective (8:00 a.m. or later). A Night Watch Officer will not be held over to cover for a Day Watch Officer who is required to be in court. The Day Watch will suspend minimum manning requirements if the Officer will be in court only a short time.

If a longer court session is required, the Watch Commander may make other arrangements as required, recognizing that a Night Watch Officer who is asked to fill in for an Officer leaving for court will not be paid until 8:00 a.m. or later when the Day Watch Officer actually leaves for court.

SECTION 07.02 POLICE DISPATCHER/CLERK WORKWEEK
For Police Dispatcher/Clerks covered by this MOU, the agreed work schedule is a forty (40) hour work week consisting of three work days of any combination of 13.5, 13.5 & 13 hour work shifts that equal forty (40) hours in a workweek with no payback time owed. It is agreed that dispatcher/clerks are to remain on-call and remain in the Police Department while on their thirty (30) minute paid meal break during their shifts. In exchange for this schedule, the City had increased dispatcher/clerks salary cost of living adjustment pay an additional one (1%) percent over sworn IPOA Unit members to compensate for lost built-in overtime, but the dispatcher/clerks agree to reduce their salary by one (1%) percent in the event that the City returns to a schedule that has built-in overtime.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 07.03 CALCULATION OF OVERTIME
For non-exempt positions within the IPOA Unit, which do not meet one of the FLSA exemption categories, vacation or compensatory time used will be included as time worked for purposes of calculating FLSA overtime. Legal holidays, for which City Offices are closed, will be recognized as time worked for purposes of calculating FLSA overtime. Sick leave, evaluated on a per workweek basis, will not be recognized as time worked for purposes of calculating FLSA overtime; however, this does not apply to outside agency overtime assignments from which the City can recover full cost of the employee’s overtime.

Overtime for non-exempt positions within the IPOA Unit shall be compensated in one of the following two ways:

A. As paid time at the one-and-one half rate of pay; or B. As compensatory time as accrued at the one-and-one half rate of pay.

Compensatory time accumulated is vested time and must be utilized or paid in conjunction with termination of employment.

All overtime worked in less than one (1) hour increments in a work shift shall be compensated for in the following manner:

Time Worked Overtime Compensation
0-15 minutes .25 hour x 1.5
16-30 minutes .50 hour x 1.5
31-45 minutes .75 hour x 1.5
46-60 minutes 1 hour x 1.5
SECTION 07.04 4/10 WORK SCHEDULE FOR POLICE DETECTIVES, K-9 OFFICERS,

COMMERCIAL ENFORCEMENT OFFICERS, AND MOTOR OFFICERS
Commercial enforcement officers and motor officers shall be scheduled to work the 3/12.5 schedule as described in Section 7.01.

SECTION 07.05 PREPARATION OF WORK SCHEDULES
Schedules will be prepared in advance by administrative staff and will cover a period of sixteen (16) weeks. Each schedule shall consist of a designated team of sergeant/supervisor, police officers and police dispatcher/clerks, with said team remaining intact for each sixteen (16) week schedule. Based upon the needs of the Department and their sole discretion, the Chief of Police or designee shall retain the right to modify any particular team member’s shift schedule.

Schedules for Sergeant and Patrol will be kept separately, but will change at the same time. The Chief of Police or designee may, if necessary, place a Senior Patrol Officer in the Sergeant's schedule. Dispatch scheduling, though separate, will change along with Patrol and Sergeant's schedules on a sixteen (16) week basis. New Patrol officers, including entry level and lateral officers, upon completion of their FTO training, will not rotate up in the schedule choice list for two shift periods (32 weeks). The Chief of Police or desingee reserves the right to modify an individual's shift schedule at any time if Police Department needs require it. For sworn IPOA Unit members, routine shift changes on a day-for-day basis will continue to be permitted subject to current approval procedures; however, shift changes involving an entire four (4) week period or more will not be permitted.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 07.06 PART-TIME EMPLOYEE HOURS CAP
The City reserves the right to not schedule or work part-time IPOA Unit members more than nine hundred ninety-nine (999) hours in any fiscal year.

SECTION 07.07 INJURY ON DUTY
If the City is able to accommodate the work restriction(s) stipulated by the employee’s medical provider, the employee shall be placed on light-duty status and may be assigned to work a 4/10 hour work week, Monday through Thursday, 0730 to 1800 hours. Any exceptions to this schedule may be made with appropriate advanced notice to the employee with approval of the Chief of Police or designee. Employees on light-duty status will work a 40-hour work week and are not authorized to work overtime or accrue compensatory time, unless authorized by the Chief of Police or designee, if deemed necessary. The City shall pay employees up to a maximum of four (4) hours per workday for doctors’ appointments and/or medical treatment that occur during light duty work hours. Employees shall not be paid for doctors’ appointments and/or medical treatment that occur during their scheduled time off. The City reserves the right to re-evaluate whether or not it can accommodate an employee’s work restriction(s) while the employee is on light duty status. The City may change an employee’s light duty status to off work status if the City can no longer accommodate the work restriction(s).

A. If the City cannot accommodate the work restriction(s) stipulated by the employee’s medical provider, the employee shall be placed on off-work status. The City reserves the right to re-evaluate whether or not it can accommodate an employee’s work restriction(s) while employee is on off-work status. The City may change an employee’s off work status to light duty status if the City can accommodate the work restriction(s).

B. If an employee has been released to full duty but still requires ongoing medical treatment AND before the employee is declared permanent and stationary, the employee shall be paid for doctors’ appointments and/or medical treatment, up to a maximum of four (4) hours per work day. However, ALL of the following conditions must be met:

1. For Miscellaneous employees: Employee is scheduled to work during the appointment time.

2. For Safety employees:
a) Employee is scheduled to work during the appointment time. b) Employee’s doctor’s appointment or medical treatment is at a facility within 6 miles of Irwindale Police Station.
c) Employee remains in uniform and can respond to call for service. d) Employee is driving a City vehicle.

D. Employees released to full duty shall not be paid for doctors’ appointments and/or medical treatment that occur during their scheduled time off.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 07.08 SHOW-UP TIME
Effective September 1, 2024, IPOA Unit members shall receive a minimum of four (4) hours for court show-up and three (3) hours for any other call in or call back such as, but not limited to, assigned special events and outside details.

SECTION 07.09 COURT STANDBY TIME
If a police employee is issued a valid Standby (On-Call) court subpoena and is off that day, they will be compensated from the hours of 0830 hours to 1700 hours unless or until notified by the court, the district attorney’s office of the department’s court liaison or supervisor, that the police employe is no longer on Standby. Standby compensation shall end concurrent with said notice being provided. The department court liaison officer or supervisor shall, notify the affected employee via telephone message and department email that he police employee is no longer on Standby. Notice is deemed made and completed at the time of the notice being transmitted.

Notice shall be effective for all purposes in this section, regardless of whether or not the employee actually accesses the notice. Notices from the court or district attorney’s office shall be effective for all purposes in this section, when transmitted either personally or in the manner provided herein by department personnel. If the police employee is not notified of the cancellation of the court Standby tie, the affected employee shall be permitted to submit of the time (0830-1700 hours) where they were not notified of the cancellation of the Standby time. The police employee will be compensated at the employee’s regular pay rate, at half time, for the entire time the police employee is considered to be on Standby time. Example: A police employee is placed on court Standby time for the day. The court Standby time is 8.5 hours, however; the employee will be paid 4.25 hours at the regular rate for the court Standby time.

ARTICLE 08

VACATION BENEFIT
SECTION 08.01 VACATION ACCRUAL
Unit members shall accrue vacation leave in accordance with the formula below. The number of hours accrued bi-weekly is as follows:

Years of Service Hours Accrued Bi-Weekly
0-4 3.693
5 4.616
10 4.923
11 5.231
12 5.539
13 6.154
Accrual at the next highest incremental rate shall begin with the next pay period following the Unit member’s anniversary date of commencement of full-time continuous employment with the City.

Effective September 1, 2024, hours accrued over two hundred seventy-five (275) shall be cashed out at one hundred percent (100%) to be included in the first paycheck in January 2025. The parties hereto modify/clarify the City’s Personnel Rules Section 14.15.4 such that cash out of vacation leave shall be paid at the Unit member's "basic rate of pay" as opposed to "regular rate of pay."

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 Effective January 1, 2025 and going forward, the cap on vacation accrual shall be three hundred fifty (350) hours. Once an employee has accumulated the maximum accrual amount of three hundred fifty (350) hours, no more vacation leave will be accrued by the employee until the accrual has been reduced below the cap. However, when, due to work circumstances and needs of the department, an employee is unable to utilize vacation leave, they shall request approval for excess accumulated vacation. The City Manager or designee will not unreasonably deny such request, provided the employee reduces this total below the cap within six (6) months.

SECTION 08.02 USE OF VACATION
The dates of vacation leave may be selected by the employee based upon the procedures set forth in the Department's General Orders except as modified herein, but shall be subject to prior approval of the employee's department head. Employees requesting over forty (40) hours of vacation must submit such requests with twenty-one (21) days advance notice. This notice requirement shall be excused only in cases of emergency as determined by the Department. All vacation time shall be taken in minimums of fifteen (15) minute increments.

A probationary employee shall not be eligible to utilize vacation leave during the first six (6) months of initial full-time employment with the City except with the prior approval of the employee's department head and the City Manager or designee.

ARTICLE 09

HOLIDAY BENEFIT
SECTION 09.01 HOLIDAY PAY FOR FULL-TIME IPOA MEMBERS
All full-time IPOA members shall annually receive a maximum of one hundred forty (140) hours paid at time and one half (1 ½) as follows: ten (10) hours paid on each of the first paycheck of the month for January through October, ten (10) hours paid the first paycheck in November, and ten (10) hours paid the second paycheck in November, ten (10) hours paid the first paycheck in December and ten (10) hours paid the second paycheck in December. Holiday time paid during any four (4) week period may not be used or credited against "payback" time. The Holiday pay provided by this Section is separate and distinct from regular work time and is not intended to create any additional or earlier obligation to pay overtime.

ARTICLE 10

LATERAL HIRE SPECIAL ACCRUAL AND BENEFIT RULES
SECTION 10.01 SPECIAL RULES
The following policy changes are agreed upon for newly hired lateral personnel who are hired into the IPOA Unit, with "lateral" being defined as coming from the same or a substantially similar position with another law enforcement agency and/or a person recognized as a "lateral" by the P.O.S.T. Commission. In addition, for sworn personnel, a lateral is defined as a candidate who possesses a Basic P.O.S.T Certificate, has completed probation at their current agency, and has successfully completed a Field Training (FTO) program.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 A. Lateral sworn personnel (and no others) shall have their probation reduced to a six (6) month period commencing from the date of employment, subject to extension as provided by the City Personnel Rules.

B. Lateral Police Dispatchers/Clerks shall be subject to a reduced probation of only a six (6) month period commencing from the date of employment, subject to extension as provided by the City Personnel Rules.

C. All IPOA Unit member laterals hired on or after November 5, 2017, shall start at the salary step within their classification salary range that is immediately above their previous rate of pay, but not to exceed a five percent (5%) difference, and only if such a step exists, otherwise it shall be top step of the classification salary range.

ARTICLE 11

LEAVES OF ABSENCE
SECTION 11.01 SICK LEAVE ACCRUAL
Full-time IPOA Unit members shall be credited with 3.693 hours of sick leave bi-weekly per the City Personnel Rule 14.20.3. Use of sick leave shall be in accordance with City Personnel Rules Section 14.20.

SECTION 11.02 ELECTIVE CASH OUT OF VACATION AND SICK LEAVE Annual elective cash-out of vacation and sick leave accruals shall be limited to a maximum of one hundred (100) total hours per calendar year of accrued vacation or sick leave to be converted, and, in compliance with Department of Treasury, Internal Revenue Service (“IRS”) regulations (section 1.451-1(a)) must comply with the following:

A. Any vacation or sick leave conversion request must be made in writing using the form provided by Human Resources and must be received by Human Resources no later than December 15th of the calendar year prior to the calendar year in which the Employee wishes to convert such vacation or sick leave.

B. All vacation and/or sick leave conversion elections are irrevocable and cannot be changed or amended unless a written rescission is received by Human Resources no later than December 15th of the calendar year prior to conversion.

C. Unit members who fail to submit an election by December 15th of the calendar year prior to the conversion will not be eligible for vacation and/or sick leave to be converted to cash for that calendar year.

D. Payments for accrued vacation and/or sick leave conversion to cash shall be made by separate check four (4) times a year (first pay period in September, December, March, and June).

E. Unit members will be eligible for partial conversion to cash if the full amount of hours elected are not available at the elected time of cash out.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 F. Unit members may not convert sick leave in an amount that would reduce their sick leave balance to less than eighty (80) hours.

G. Effective January 1, 2025 and going forward, Unit members may not convert sick leave in an amount that would reduce their sick leave balance to less than two hundred (200) hours.

The parties hereto modify/clarify the City’s Personnel Rules Section 14.20.4 such that the City agrees to provide Sick Leave cash out upon an employee’s separation or elective cash out request, as follows:

Unit members hired on or after August 29, 2024, shall not be eligible for elective sick leave cash out or cash out of sick leave upon separation of employment or retirement from the City.

Unit members hired on or after August 29, 2024, shall be eligible to bring with them up to one hundred (100) hours of sick leave from their prior employer, so long as the new employee’s prior employer did not compensate the employee for their sick leave bank.

Effective August 29, 2024, and going forward, Unit members who are terminated for cause shall not be eligible for any sick leave cash out upon termination of employment.

The parties hereto modify/clarify the City’s Personnel Rules Section 14.15.4 such that cash out of both vacation and sick leave shall be paid at the Unit member's "basic rate of pay" as opposed to "regular rate of pay."
The cash out limit of one hundred (100) hours per calendar year shall not apply to any cash out of vacation or sick leave upon separation of employment or retirement from the City.

SECTION 11.03 BEREAVEMENT LEAVE
Consistent with the City’s Bereavement Leave Policy, Unit members shall be entitled to bereavement leave of up to five (5) working days (no more than forty (40) hours of which would be paid for full-time unit members) per incident. If the Unit member requires more than forty (40) hours for bereavement, they may use vacation leave, sick leave, or compensatory time off that is otherwise available to the Unit member with prior approval, where appropriate.

SECTION 11.04 TRAINING CONFERENCE LEAVE
Except for Patrol Officers, when an employee is scheduled to attend a conference or training program Monday through Friday, their work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that they are eligible for overtime while attending the conference or training. "Payback" time will be applied for Patrol Officer training periods outside of the regular shift. When no "payback" time is available, overtime time will be paid or compensatory time will be accrued.
25% over 800 hours
50% 481-800 hours
75% 1st 480 hours

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 11.05 JURY DUTY
Any permanent or probationary full-time employee who is required to serve as a juror in any court of judicial action of this State or of the United States shall be entitled to a leave of absence with pay during such period of jury duty per the City Personnel Rules Section 7.05. An IPOA Unit member serving jury duty leave, however, shall not be granted additional compensation when such leave extends beyond the employee's regularly scheduled workdays per week to their days off. An employee scheduled for jury duty on a day off will be entitled solely to that employee's mileage and court provided compensation for that day, if any.

SECTION 11.06 WITNESS LEAVE
The City Personnel Rules Section 7.05 JURY DUTY AND WITNESS LEAVE as applied to IPOA Unit members provides for non-work related legal witness leave.

ARTICLE 12

MEDICAL, INSURANCE AND RELATED BENEFITS
SECTION 12.01 MEDICAL BENEFITS
Medical benefits shall be under the California Public Employees’ Retirement System (“CalPERS”) medical program. The City pays one hundred percent (100%) of the premium for any CalPERS medical plan for full-time IPOA Unit members and their eligible dependents.

SECTION 12.02 DENTAL BENEFITS
The City pays one hundred percent (100%) of the premium for one of two dental plans offered by the City for full-time IPOA Unit members and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

SECTION 12.03 VISION BENEFITS
The City pays one hundred percent (100%) of the premium for a vision plan for full-time IPOA Unit members and their eligible dependents. The City reserves the right to unilaterally change plans, plan administrators or insurance companies as long as any new plan affords equal or greater benefit coverage.

SECTION 12.04 GROUP LIFE INSURANCE
The City pays one hundred percent (100%) of the premium of a group life insurance policy for fulltime IPOA Unit members which provides one (1) times annual earnings (as defined in policy) to a maximum of one hundred thousand dollars ($100,000) and coverage for spouse and children of five thousand dollars ($5,000).

SECTION 12.05 ACCIDENTAL DEATH & DISMEMBERMENT POLICY (AD&D) The City pays one hundred percent (100%) of the premium of an AD&D policy for full-time IPOA Unit members which provides benefit coverage of one (1) times annual base salary up to a maximum of one hundred thousand dollars ($100,000). Consistent with past practice, the City also provides twenty-five thousand dollars ($25,000) for all part-time Reserve Police Officers.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 12.06 ADDITIONAL VOLUNTARY LIFE AND AD&D COVERAGE The City offers additional benefit coverage for purchase by full-time IPOA Unit members at said member's own expense.

SECTION 12.07 CRPOA MEMBERSHIP
The City pays the cost of membership in the California Reserve Peace Officers Association ("CRPOA") for Level I and II Reserve Officers and the Reserve Officer Coordinator.

SECTION 12.08 IRS SECTION 125 PROGRAM
The Section 125 Program will be in full force and effect unless changed by mutual agreement of the City and Recognized Employee Organization. The Program shall be administered through a vendor selected at City's sole discretion. While participation in the Section 125 Program is voluntary, all administrative costs as may attend participation are to be paid by the City. The maximum cap shall be adjusted in accordance with the limit set by the IRS.

SECTION 12.09 EAP PROGRAM
The City pays premium for participation in Employee Assistance Program (“EAP”) for IPOA Unit members and their dependents.

SECTION 12.10 STATE SHORT-TERM DISABILITY INSURANCE
Employees participate in state sponsored short-term disability program at no expense to the City.

SECTION 12.11 MEDICAL, DENTAL & VISION INSURANCE PREMIUM OPT OUT Any full-time Unit member who elects to opt out of medical, dental & vision coverages offered by the City will be paid a cash benefit in lieu of said coverage equal to one half (1/2) of the average monthly cost to the City for single employee medical insurance coverage only (not including dental or vision), provided such employee has opted out of all three coverages and can demonstrate, to the satisfaction of the City, that such employee has substantially equivalent medical coverage through some other insurance plan, which plan shall remain in full force and effect during the entire term of employment of such employee with the City. The City shall have the sole and unfettered right to determine whether an employee has satisfactorily demonstrated substantially equivalent medical coverage, and any such employee seeking reimbursement from the City must, at least annually, provide written proof of such substantially equivalent medical coverage in a form satisfactory to the City. Payment of this incentive pay shall be made bi-weekly through the regular payroll system.

ARTICLE 13

RETIREMENT BENEFITS
SECTION 13.01 PARS MEMBERSHIP
Pursuant to Government Code §§ 53216 et seq., the City participates in Public Agency Retirement Services (“PARS”) Retirement Enhancement Plan which affords miscellaneous employees the retirement benefit commonly referred to as “1% at 55.” The City pays on behalf of each eligible miscellaneous Unit member an amount sufficient to pay the full cost of the PARS retirement

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 enhancement benefit. The City’s participation in PARS is in addition to, and not in lieu of, the City’s participation in the CalPERS programs identified in the following Section. The City's PARS participation shall continue in full force and effect during the term of this MOU.

Miscellaneous Unit members hired before January 1, 2007 shall have their PARS benefits vested after completing three (3) years of continuous employment with the City and service credit shall be given for previous employment with/by other agencies and/or cities. Miscellaneous Unit members hired after January 1, 2007 shall have their PARS benefit vested after ten (10) years of continuous employment with the City and no service credit shall be given for previous employment with/by other agencies and/or cities.

Effective January 1, 2011 the parties agreed to modify the PARS plan design for current miscellaneous Unit members hired before January 1, 2011 regarding cash out options with an employee contribution of four tenths percent (0.4%) on a pre-tax basis. Section 4.2(d) and Section

4.2(c) of the PARS plan document was modified, thereby removing the lump sum payment option, and the fixed term payments of 5-6 years option. Section 2.3 of the PARS plan document was modified, thereby removing the pre-retirement disability benefit. All miscellaneous Unit members hired before January 1, 2011, shall pay four tenths percent (0.4%) of salary to maintain the PARS plan design features of fixed term payments of 7-15 years.

Effective September 1, 2024, or as soon as administratively practicable, all miscellaneous Unit members hired before January 1, 2011, shall pay an additional two and one tenths percent (2.1%) of salary, for a total of two and a half percent (2.5%) of salary, for the cost of the PARS retirement enhancement benefit.

Effective January 1, 2011, the PARS plan document was modified to add a “pop-up” provision to Option 2 of the PARS REP plan, whereby if the beneficiary predeceases the retiree, the retiree’s monthly benefit will increase.

For all new miscellaneous Unit members, hired on or after January 1, 2011 AND before January 1, 2013, the City shall pay on behalf of each eligible unit member fifty percent (50%) of the amount sufficient to pay for the cost of the PARS retirement enhancement benefit. The miscellaneous Unit member shall be required to pay for fifty percent (50%) of the contribution.

Unit members hired on and after January 1, 2013 shall be ineligible to participate in the PARS program.

SECTION 13.02 CALPERS MEMBERSHIP
A. The following provisions in this Section “A” apply to Unit members as defined by AB 340 (the California Public Employees’ Pension Reform Act of 2013,) as “classic” members of the California Public Employees' Retirement System (“CalPERS”).

The City is a contract member of CalPERS. Such membership shall be maintained and employee eligibility, classification, contributions, and benefits are as prescribed in the contract between the City and CalPERS heretofore approved by the City Council which includes the programs identified below which shall be maintained during the life of this MOU.

1. Section 21354: 2% @ 55 retirement benefit formula for Miscellaneous Unit members.

2. Section 21362.2: 3% @ 50 for Sworn Unit members.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027

3. Section 21574: Fourth Level of 1959 Survivors Benefit allowance.

4. Section 21024: Military Service as Public Service.

5. Section 20042: One Year Final compensation (for Unit members hired before May 1, 2011).

6. Section 20037: Three Year Average Final Compensation (for Unit members hired on or after May 1, 2011).

7. Section 21427: Improved non-industrial disability allowance.

8. Section 21624 & 21626: Post-retirement survivor allowance.

9. Section 20965: Credit for unused sick leave.

For Miscellaneous Unit members who are classic members of CalPERS, the City shall pay only the employer portion of the required contribution. Miscellaneous Unit members who are classic members shall pay the entire employee retirement contribution, which is currently 7%. The City does not pay any share of the required employee contribution (EPMC).

For Safety Unit members who are classic members of CalPERS, the City shall pay only the employer portion of the required contribution. Safety Unit members who are classic members shall pay the entire employee retirement contribution, which is currently 9%. The City does not pay any share of the required employee contribution (EPMC).

Cost Sharing
Effective with the start of the first full pay period in July 2025, classic miscellaneous Unit members will contribute an additional one percent (1.0%) of compensation earnable toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the seven percent (7%) statutory employee contribution already paid by the employee and will increase the employee’s contribution to a total of eight percent (8%).

Effective with the start of the first full pay period in July 2026, classic miscellaneous Unit members will contribute an additional one percent (1.0%) of compensation earnable (for a total of two percent (2%) of compensation earnable) toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the eight percent (8%) employee contribution already being paid by the employee and will increase the employee’s contribution to a total of nine percent (9%).

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 Effective with the start of the first full pay period in July 2025, classic sworn employees will contribute an additional one and a half percent (1.5%) of compensation earnable toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the nine percent (9%) statutory employee contribution already being paid by the employee and will increase the employee’s contribution to a total of ten and one-half percent (10.5%).

Effective with the start of the first full pay period in July 2026, classic sworn employees will contribute an additional one and a half percent (1.5%) of compensation earnable (for a total of three percent (3%) of compensation earnable) toward the City’s required employer contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the ten and one-half percent (10.5%) employee contribution already being paid by the employee and will increase the employee’s contribution to a total of twelve percent (12%).

B. AB 340 (as modified by AB 197) the California Public Employees’ Pension Reform Act of 2013 (PEPRA.)
AB 340, as it may from time to time exist, shall in its entirety be given full force and effect during and after the term of this MOU. Any provision in this MOU which contradicts any provision of AB 340, shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB 340 shall be deemed to impair any provision of this MOU or any MOU, Agreement, Rule or Regulation predating this MOU.

Unit members hired on and after January 1, 2013, deemed to be a “new member” as defined in Government Code § 7522.04, shall individually pay a CalPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said ”new member” is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 – Government Code section 7522.30)
Unit members who are “new members” (miscellaneous employees) on and after January 1, 2013, shall be enrolled in the AB 340 provided for 2% @ 62 retirement formula (Govt. Code § 7522.20), and such “new members” who are safety employees shall be enrolled in the AB 340 provided for 2.7% @ 57 retirement formula (Section 7522.25.)
Cost Sharing
Effective with the start of the first full pay period in July 2025, PEPRA miscellaneous employees will contribute an additional half percent (.5%) of compensation earnable toward the City’s normal cost to CalPERS via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty percent (50%) of normal cost already being paid by the employee to a total of fifty and a half percent (50.5%).

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 Effective with the start of the first full pay period in July 2026, PEPRA miscellaneous employees will contribute an additional half percent (.5%) of compensation earnable toward the City’s normal cost contribution to CalPERS, via payroll deductions pursuant an amendment to the City’s contract with CalPERS under to California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty and a half percent (50.5%) of normal cost already being paid by the employee to a total of fifty-one percent (51%).

Effective with the start of the first full pay period in July 2025, PEPRA sworn employees will contribute an additional one percent (1.0%) of compensation earnable toward the City’s normal cost contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty percent (50%) of normal cost already paid by the employee to a total of fifty-one percent (51%).

Effective with the start of the first full pay period in July 2026, PEPRA sworn employees will contribute an additional one percent (1.0%) of compensation earnable toward the City’s normal cost contribution to CalPERS, via payroll deductions pursuant to an amendment to the City’s contract with CalPERS under California Government Code Section 20516(a). This cost sharing contribution will be in addition to the fifty-one percent (51%) of normal cost already being paid by the employee to a total of fifty-two percent (52%).

Unit members who are “new members” on and after January 1, 2013, shall have “final compensation” measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.)
During the term of this MOU, the City shall initiate a CalPERS contract amendment so that the additional cost share percentages described above fall under California Government Code Section 20516(a). If for any reason the City is not able to make any of the cost sharing deductions set forth above, the cost sharing will be implemented outside of a PERS contract amendment as authorized by California Government Code Section 20516(f). The City and bargaining unit will take all actions necessary to implement the pension cost sharing agreement described here.

SECTION 13.03 RETIREE MEDICAL
CalPERS eligible retirees (Unit members hired before January 1, 2011) and their dependents shall receive one hundred percent (100%) lifetime medical insurance upon retirement from the City. The City shall pay one hundred percent (100%) of the premium for any CalPERS medical plan.

For all new Unit members, hired on or after January 1, 2011, retiree medical will be implemented in accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49-2479which mirrors the state plan for contribution levels. The resolution requires ten (10) years of service, five (5) years of which is with Irwindale, for fifty percent (50%) contribution of state designated amount towards retiree medical premium and twenty (20) years of service, five (5) years of which is with Irwindale, for one hundred percent (100%) contribution of state designated amount towards retiree medical premium for any CalPERS medical plan. Contribution level shall be as follows:

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 13.04 DEFERRED COMPENSATION
City offers full-time IPOA Unit members participation in one of two IRS 457 Plans. The City does not contribute to either plan.

ARTICLE 14

MISCELLANEOUS PROVISIONS
SECTION 14.01 DIRECT DEPOSIT REQUIREMENT.

The City shall maintain a mandatory requirement for participation in direct deposit payroll for all Unit members hired after July 8, 2001.

SECTION 14.02 COMPLIANCE WITH P.O.S.T. AND ADDITIONAL TRAINING

REQUIREMENT
The City agrees that it will comply with all training requirements of P.O.S.T., including but not limited to, mandatory training programs regarding proper use of departmental equipment, for a minimum of forty (40) hours to be spread out evenly throughout a two year cycle, a P.O.S.T.- certified field training program for all new recruits, and a P.O.S.T.-certified driver training program for cadets, reserve officers, and police officers every three (3) years. City agrees that all such training shall be provided by a P.O.S.T. certified instructor.

The P.O.S.T. certified driver training program set forth in this MOU shall be implemented by sending one-third of the eligible department personnel to driver training each calendar year, with sworn police officers having priority in attendance, subject to the department's need to send such personnel to alternate training.

SECTION 14.03 EQUIPMENT CERTIFICATION AND MAINTENANCE
The City shall maintain the practice of assigning a departmental employee responsibility to centralize and maintain such records as are necessary to certify the safety of the equipment utilized by members of the Irwindale Police Department in the discharge of their duties, including but not limited to, side arms, rifles, shotguns, tear gas, pepper spray, radios, repeaters, helmets, Credited Years of PERS Service
(5 of which must be performed at
the City of Irwindale)
Percentage of
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20+ 100%

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 riot equipment, and other essential law enforcement equipment utilized by members of the IPOA Unit. The City shall maintain its central repository within the offices of the Irwindale Police Department where all municipal, state and federal codes necessary for members of the IPOA Unit to discharge their duties as law enforcement officers will be located and easily accessible to members of the IPOA Unit. The mutual interest of the parties hereto is to assure that all law enforcement equipment utilized by the IPOA Unit is regularly certified to be in appropriate operational order, in a condition where it can be safely operated by members of the IPOA Unit, and that the age and condition of such equipment is consistent with generally accepted standards for such equipment among the law enforcement agencies surveyed by the City.

SECTION 14.04 DOCUMENTS CONTAINING PERSONAL EMPLOYEE INFORMATION All personnel record documents (including employee pay stubs) shall be kept in a manner that will allow for confidentiality of personal information pertaining to individual members; i.e., sealing them in envelopes. Payroll will be delivered to police administration by the Finance Department in a sealed envelope and police administration will place payroll in individual sealed envelopes for distribution.

SECTION 14.05 PURGING OF CITIZENS' COMPLAINTS
City agrees that it will comply with the law and ensure that after five (5) years of the filing and/or submission of any citizen complaint involving any sworn police officer, City will take such actions as are permissible or required by law to purge and/or destroy all such complaints and any investigation(s) resulting therefrom. City also agrees that it will comply with Penal Code § 832.5 regarding the storage and /or segregation of personnel and/or citizen complaints. The City agrees that it will comply with Policy 1026 of the City of Irwindale Police Department Policy Manual, as revised and mutually agreed upon by the parties on or about September 3, 2015 and that said policy should be incorporated herein.

SECTION 14.06 MINIMUM STAFFING LEVEL (MSL)
Minimum staffing levels (MSL) for each patrol shift (A & B) shall be as follows: 1-Watch Commander at the rank of Sergeant or Police Officer serving in the special assignment of Corporal; 3 Patrol Officers. Generally, traffic officers, the K-9 unit, Detectives and Reserve Officers on mandatory shift assignment will not be used to meet MSL unless special circumstances exist. However, in the event an employee calls in sick for their scheduled workday in accordance with department policy, the watch commander will utilize the traffic officer in lieu of calling in another officer to cover MSL for the duration of the traffic officer’s scheduled shift. For the purpose of meeting MSL requirements, it is the intent of this provision to replace personnel with appropriately qualified personnel of comparable rank or special assignment. For example, when the scheduled patrol watch commander is unable to work, a replacement watch commander should be of the appropriate rank, Sergeant or a Police Officer serving in the special assignment of Corporal. If a patrol officer is unable to work, then a patrol officer shall be called in as a replacement. Qualified Level I Reserve Officers may be used to replace a patrol officer position if no patrol officers are available to cover the shift. The Department will attempt to use payback time for replacements as often as possible; however, the safety of the patrol officers and duty to the City shall be the priority when locating replacements.

During times of special circumstances, it may become necessary to make alternative arrangements for covering patrol shifts to meet MSL. If circumstances arise that require action contrary to this MOU, the Department will take the necessary action to provide adequate coverage

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 for patrol with due regard for the public and officer safety. The Department shall make efforts, however, to adhere to the intent of this provision with the understanding that situations may require a temporary modification to deployment.

SECTION 14.07 CONFIGURATION OF POLICE VEHICLE EMERGENCY EQUIPMENT The City agrees to utilize its best efforts to configure the placement of emergency and other police equipment installed in police vehicles in such a manner as to assure, to the maximum extent possible given the various makes and models of police vehicles in the City's fleet, that such configuration is uniform for all police vehicles so as to reduce the time necessary to deploy or utilize such equipment by members of the IPOA Unit in the discharge of their law enforcement duties.

SECTION 14.08 POLICE OFFICER SIDEARMS
The City shall replace sidearms at its discretion based upon its determination of its useful life. The City shall maintain an officer’s department issued sidearm and have it inspected on a bi-annual basis by an approved armorer. The City will allow for an officer to carry their personally owned sidearm while on duty. Personally owned sidearms must be selected from a mutually agreed upon list of weapons with ammunition selected and approved by the Chief of Police or designee. An officer choosing to use their personally owned sidearm will be responsible for the purchase, maintenance, and bi-annual inspection of that sidearm by an armorer certified for the exact weapon chosen, as well as all accessories associated with that sidearm. An officer who separates from employment in good standing having a minimum five (5) years of full-time service as an Irwindale police officer shall be entitled to own the sidearm issued to them at the time of their separation.

The IPOA shall be entitled to purchase for the employee for one ($1) dollar the duty weapon of any retiring officer or reserve who separates from employment in good standing with at least 10 (ten) years service upon the employee's retirement. Those separating in good standing with five (5) to ten (10) years service time shall be entitled to retain their duty weapon, but shall be required to pay fair market value for their duty weapon.

SECTION 14.09 APPLICATION OF PUBLIC SAFETY OFFICERS' PROCEDURAL BILL

OF RIGHTS ACT TO RESERVE OFFICERS
The Chief of Police agrees to recommend to the City Council a request that the full protections set forth in the Public Safety Officers' Procedural Bill of Rights (California Government Code $3303, et seq.) be afforded to all reserve officers employed by the City.

SECTION 14.10 TIMELY CONCLUSION OF PERSONNEL COMPLAINTS The City agrees that it will comply with the law and undertake to timely investigate and resolve all personnel complaints and/or grievances and that, in any event, the City will resolve all such complaints within one (1) year of written submission of same.

SECTION 14.11 COMPUTER LOAN PROGRAM
The City agrees to maintain its existing Employee Computer Purchase Loan Plan which allows eligible employees to apply for loans to purchase computers and software approved by the City up to a maximum of $3,000.00 for first time applicants and $2,000.00 every two years thereafter.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 SECTION 14.12 CONTRACTING OUT PROVISION
The parties agree that there will be no implementation of an agreement by the City to acquire Police services (sworn and non-sworn) by any entity other than the Irwindale Police Department during the term of this MOU.

ARTICLE 15

COMPLETION OF NEGOTIATIONS AND FULL UNDERSTANDING
SECTION 15.01 COMPLETION OF NEGOTIATIONS
The City and the Recognized Employee Organization acknowledge and agree that each has had a full and unrestricted right to make, advance, and discuss all matters properly within the scope of the meet and confer process in accordance with state law and/or local ordinance. During the remaining term of this MOU, the parties expressly waive the right to meet and confer except upon mutual consent of the parties, with respect to any subject or matter, whether referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of the parties at the time the meet and confer process was undertaken.

SECTION 15.02 FULL INTEGRATION AND UNDERSTANDING
This MOU terminates and supersedes all prior Memoranda of Understanding and/or other written agreements between the parties. However, all provisions of existing City rules, regulations, resolutions, ordinances, policies and past practices relating to matters within the Recognized Employee Organization's scope of representation not specifically contained in, or referred to by this MOU shall remain in full force and effect and are specifically not superseded or otherwise affected by this MOU.

SECTION 15.03 PENDING MEET AND CONFER ITEMS
Notwithstanding the provisions of Sections 15.01 and 15.02 above, the City and the Recognized Employee Organization agree to meet and confer on the following items during the term of this MOU:

A. Updating the City Personnel Rules, including any discrimination, harassment and retaliation policies which includes a defined disciplinary appeal procedure; B. Updating, modifying and/or instituting a new Employer-Employee Relations Resolution which includes a defined impasse procedure;
C. Negotiating and implementing Performance Standards and Improvement Plan, Relationship Policy, Cell Phone Policy, Promotional Testing Policy, and Patrol team schedule changes, Wellness Program, and Employee Rewards and Recognition Program; and
D. Updating and/or creating City Job Descriptions.

IPOA Memorandum of Understanding 07/01/2024 – 06/30/2027 ARTICLE 16

DRAFTING PROVISIONS
SECTION 16.01 SEVERABILITY DECLARED
Should any provisions of this MOU be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. The parties shall meet and confer over a new provision to replace any such provision stricken by law.

SECTION 16.02 JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any construction to be made of this MOU, the same shall not be construed against any party.

SECTION 16.03 MODIFICATION
This MOU may only be modified or amended by written agreement between the parties.

ARTICLE 17

RATIFICATION AND EXECUTION
This MOU has been developed as a result of meet and confer sessions between representatives of the City and the Recognized Employee Organization regarding issues related to wages, hours and other terms and conditions of employment. The City's representatives and the Recognized Employee Organization have reached an understanding as to certain recommendations to be made to the City Council for the City of Irwindale and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and benefit resolution which will provide for the changes contained in said joint recommendation. The parties hereto acknowledge that this MOU shall not be in full force and effect until adoption by the City Council of the City.

Subject to the foregoing, this MOU is executed by the authorized representatives of the City and the Recognized Employee Organization and entered into this_____ day of ________, 2024.

CITY OF IRWINDALE IRWINDALE POLICE OFFICERS'

ASSOCIATION
Julian A. Miranda, City Manager/Municipal
Employee Relations Representative
Manuel Campos, IPOA President
Mary Hull, Human Resources/Risk Manager Jesus Bravo, IPOA Vice-President

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E
IPOA Police Sergeant 6 Hourly 63 57.6466 60.5288 63.5553 66.7332 70.0697 Bi-Weekly 4,611.73 4,842.31 5,084.42 5,338.65 5,605.58
Monthly 9,992 10,492 11,016 11,567 12,145
Annual 119,905 125,900 132,195 138,805 145,745
IPOA Police Officer 21 Hourly 52 43.9356 46.1322 48.4389 50.8611 53.4043 Bi-Weekly 3,514.85 3,690.58 3,875.12 4,068.88 4,272.35
Monthly 7,616 7,996 8,396 8,816 9,257
Annual 91,386 95,955 100,753 105,791 111,081
IPOA Police Dispatcher/Clerk 6 Hourly 38 30.1885 31.6981 33.2832 34.9471 36.6947 Bi-Weekly 2,415.08 2,535.85 2,662.65 2,795.77 2,935.58
Monthly 5,233 5,494 5,769 6,058 6,360
Annual 62,792 65,932 69,229 72,690 76,325
ATTACHMENT A-1

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2024-2025
Effective September 1, 2024

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2025-2026
Effective July 6, 2025
IPOA Police Sergeant 6 Hourly 63 59.9524 62.9500 66.0976 69.4024 72.8726 Bi-Weekly 4,796.19 5,036.00 5,287.81 5,552.19 5,829.81
Monthly 10,392 10,911 11,457 12,030 12,631
Annual 124,701 130,936 137,483 144,357 151,575
IPOA Police Officer 21 Hourly 52 45.6928 47.9774 50.3764 52.8952 55.5399 Bi-Weekly 3,655.42 3,838.19 4,030.12 4,231.62 4,443.19
Monthly 7,920 8,316 8,732 9,169 9,627
Annual 95,041 99,793 104,783 110,022 115,523
IPOA Police Dispatcher/Clerk 6 Hourly 38 31.3962 32.9659 34.6139 36.3447 38.1620 Bi-Weekly 2,511.69 2,637.27 2,769.12 2,907.58 3,052.96
Monthly 5,442 5,714 6,000 6,300 6,615
Annual 65,304 68,569 71,997 75,597 79,377
ATTACHMENT A-2

Unit Position Title
Authorized
Position
Count
Period Range Step A Step B Step C Step D Step E

CITY OF IRWINDALE
Full-Time Salary Schedule
Fiscal Year 2026-2027
Effective July 5, 2026
IPOA Police Sergeant 6 Hourly 63 62.0510 65.1534 68.4111 71.8317 75.4236 Bi-Weekly 4,964.08 5,212.27 5,472.88 5,746.54 6,033.88
Monthly 10,756 11,293 11,858 12,451 13,073
Annual 129,066 135,519 142,295 149,410 156,881
IPOA Police Officer 21 Hourly 52 47.2918 49.6563 52.1389 54.7457 57.4832 Bi-Weekly 3,783.35 3,972.50 4,171.12 4,379.65 4,598.65
Monthly 8,197 8,607 9,037 9,489 9,964
Annual 98,367 103,285 108,449 113,871 119,565
IPOA Police Dispatcher/Clerk 6 Hourly 38 32.4952 34.1202 35.8264 37.6178 39.4986 Bi-Weekly 2,599.62 2,729.62 2,866.12 3,009.42 3,159.88
Monthly 5,633 5,914 6,210 6,520 6,846
Annual 67,590 70,970 74,519 78,245 82,157
ATTACHMENT A-3

Item #24.K.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Amendment No. 1 to Contract Services Agreement with Norman A. Traub Associates LLC for Personnel Investigative Services and Related Budget Appropriation City Manager's Recommendation:
(1) Adopt Resolution No. 2024-101-3578 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE APPROPRIATION OF FIFTY-FIVE THOUSAND DOLLARS ($55,000.00)

FROM GENERAL FUND RESERVES FOR PERSONNEL INVESTIGATIVE SERVICES BETWEEN THE CITY OF IRWINDALE AND NORMAN A. TRAUB ASSOCIATES LLC"; and (2) Approve Amendment No. 1 to Contract Services Agreement with Norman A. Traub LLC.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Mary Hull, Human Resources / Risk Manager
Reviewed by:

Adrian R. Guerra, City Attorney

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On October 8, 2024, the City Manager, on behalf of the City of Irwindale ("City"), entered into a Contract Services Agreement ("Agreement") with Norman A. Traub Associates LLC ("Consultant") for personnel investigative services for the City in the amount of Thirty Thousand dollars ($30,000). The Agreement was made pursuant to the powers and duties conferred to the City Manager by Section

2.13.040(H) of the Irwindale Municipal Code. Due to the number and scope of investigations, the original contract will need to be amended to increase the contract amount from Thirty Thousand dollars ($30,000) to Fifty-Five Thousand dollars ($55,000). The proposed amendment will provide the necessary funding to cover the additional investigative work required to complete the ongoing personnel investigations.

The attached contract agreement amendment has been reviewed and approved as to form by the City Attorney's office.

Fiscal Impact:

For Fiscal Year 2024-2025, Norman A. Traub Associates LLC has been paid a total of $39,948.62. This amount was paid from Account No. 01-15-150-42300-0000, which needs to be replenished since this expenditure was not accounted for. Staff is also requesting additional funding to complete ongoing investigations. Staff is seeking to amend the budget and appropriate $55,000.00 from the General Fund Reserves.

Attachments:

1. Resolution No. 2024-101-3578

2. Norman A Traub Associates LLC Amendment No. 1

Resolution No. 2024-101-3578

RESOLUTION NO. 2024-101-3578

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE APPROPRIATION OF $55,000 FROM GENERAL

FUND RESERVES FOR PERSONNEL INVESTIGAVE SERVICES
BETWEEN THE CITY OF IRWINDALE AND NORMAN A. TRAUB

ASSOCIATES LLC
WHEREAS, Section 2.13.040 of Irwindale Municipal Code requires the City Manager, as personnel officer, to conduct investigations as deemed appropriate pertaining to any matter properly pending before him/her; and
WHEREAS, Section 2.13.030(H) of the Irwindale Municipal Code permits the City Manager to recommend that powers and duties conferred to him/her be performed under contract; and
WHEREAS, on October 8, 2024, the City Manager, on behalf of the City of Irwindale (“City”) entered into a Contract Services Agreement with Norman A. Traub Associates LLC for personnel investigative services for the City in the amount of $30,000; and
WHEREAS, due to the number and scope of investigations, the original contract will need to be amended to increase the contract amount from $30,000 to $55,000; and WHEREAS, the proposed amendment will provide the necessary funding to cover the additional investigative work required to complete the ongoing investigations; and WHEREAS, $55,000 will need to be appropriated from General Fund Reserves; and
NOW, THEREFORE, the City Council of the City of Irwindale hereby resolves, determines and orders as follows:

SECTION 1. The foregoing recitals are true and correct and are hereby incorporated by this reference.

SECTION 2. The City Council of the City of Irwindale hereby approves the appropriation of $55,000 from General Fund Reserves.

SECTION 3. The Chief Deputy City Clerk shall certify to the adoption of this resolution, which shall in turn have immediate effect.

Resolution No. 2024-101-3578

PASSED, APPROVED AND ADOPTED this 11th day of December 2024. ___________________________
, Mayor
ATTEST:
___________________________________
Laura Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-101-3578 was duly and regularly passed and adopted by the City Council of the City of Irwindale at its regular meeting held on the 11th day of December 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR

INVESTIGATIVE SERVICES
This AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT FOR INVESTIGATIVE SERVICES (“Amendment No. 1”) by and between the CITY OF IRWINDALE, a California Charter city and municipal corporation (“City”) and Norman A. Traub Associates LLC, a California limited liability company (“Consultant”) is effective as of the 11th day of December, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated October 8, 2024 (“Agreement”) whereby Consultant agreed to provide personnel investigation services (“Services”).

B. Consultant requires additional time to comprehensively provide Services.

C. By this Amendment No. 1, City and Consultant now desire to amend the Agreement to increase the Contract Sum to a not-to-exceed maximum of Fifty-Five Thousand dollars ($55,000).

TERMS

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

A. Section 2.1 Contract Sum, is hereby amended to read in its entirety as follows:

For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifty-Five Thousand dollars ($55,000) Thirty Thousand dollars ($30,000) (“Contract Sum”).

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events

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that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

- 3 -
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.

CITY:

CITY OF IRWINDALE, a municipal corporation
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
CONSULTANT:

Norman A. Traub Associates LLC
By:

Name: Brock Avery
Title: Principal/General Manager
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

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

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.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

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.

Item #24.L.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Contract Amendment No. 3 with LSA
City Manager's Recommendation:

Approve the attached Amendment No. 3 to the Agreement for Contract Services with LSA Associates, Inc. for the preparation and completion of the Initial Study and Environmental Impact Report to be prepared in association with land use entitlement applications for property located at 500 Speedway Drive, Irwindale, CA 91706.

Administrative Action:

Submitted / Prepared by:

Marilyn Simpson, AICP, Community Development Director
Reviewed by:

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

Julian A. Miranda, City Manager

Background and Analysis:

On October 28, 2020, the City Council approved an Agreement for Contract Services with LSA Associates, Inc. ("Contract") for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for a proposed project at 500 Speedway Drive. The project includes the preparation of a Specific Plan to develop an industrial/commercial business park with eleven (11) light industrial and flex commercial/office buildings and an optional Battery Energy Storage System (BESS). The original contract was for the sum of $339,922.00, paid by Irwindale Outlet Partners, LLC, the initial Applicant/Developer for the project. On September 15, 2022, the property was sold to Irwindale Industrial, LLC. As the new owner, Irwindale Industrial, LLC is continuing the application process.

Contract Amendment No. 1 was approved by the City Council on December 14, 2022, for a budget increase of $54,572.00, bringing the contract total to $394,494.00 ($339,922 + $54,572) to complete the preparation of the EIR. This was required to allow additional analyses to be included in the Draft and Final EIR and included a 5% contingency. The analysis included the collection of new traffic counts, rerunning the traffic model, intersection analysis, site plan revisions, additional cumulative projects analysis, and a Caltrans Safety Analysis.

Contract Amendment No. 2 was approved by the City Council on November 29, 2023, for a time extension only. The Contract stated that the Consultant shall commence the service upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance”, in no event to exceed June 1, 2023. The contract time period was extended to August 2024.

On October 25, 2023, the City Council conducted a regularly scheduled City Council meeting and motioned to continue the item to the next regularly scheduled City Council meeting. On November 8, 2023, the City Council conducted a regularly scheduled City Council meeting, pulled the item from the consent calendar, directed staff to revise and clarify details of the proposal, and motioned to continue the item to the special City Council meeting scheduled for November 29, 2023.

Contract Amendment No. 3 is for the Consultant to perform the following additional tasks:
• EIR revisions to reflect minor changes/additions to the project. • Updated technical analysis to reflect projects using matrix changes (Air Quality and Noise Technical Reports, and Transportation Impact Analysis.
• BESS CEQA analysis.
• Response to applicants, City staff, and legal comments on the Screencheck EIR. • Attendance at biweekly meetings, as requested by the applicant. • Attendance at public hearings.
• Attendance at additional meetings as requested by the City. • Additional project management efforts related to an extension of the project schedule and ongoing project changes.

Contract Amendment No. 3 is for an additional $211,218.36. The original contract was approved for $339,922.00 and the first amendment added a cost of $54,572.00, totaling $394,494.00. As listed above, the third amendment will add another $211,218.36, for a new contract amount totaling $605,712.36 ($394,494.00 + $211,218.36).

Fiscal Impact:

The entire cost for this consultant work will be covered by the Applicant/Developer, Irwindale Industrial, LLC. The City's General Fund will not be impacted. The applicant has agreed to reimburse the City 100% of all costs and expenses incurred by the City by providing a deposit account pursuant to the reimbursement between the City and Irwindale Industrial, LLC.

Attachments:

1. LSA Contract Services Agreement Amendment No. 3

01005.0005/1036316.2
AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND LSA ASSOCIATES, LLC.
(CONSULTANT OR LSA)
THIS AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT (herein “Amendment No. 3”) is made and entered into this 11th day of December 2024, by and between the City of Irwindale, a California municipal corporation (“City”), and LSA Associates, Inc., a California corporation (“Consultant” or “LSA”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. Pursuant to the City of Irwindale’s Municipal Code, City has the authority to enter into and execute this Amendment No. 3.

B. The City and Consultant entered into that certain Contract Services Agreement (herein “Agreement”) dated October 28, 2020, for the preparation of CEQA documents (Initial Study and Environmental Impact Report) for the future buildout of up to eleven (11) speculative light industrial and flex commercial buildings, as those terms are defined in the Agreement for property located at 500 Speedway, Irwindale, CA. The Agreement now includes an optional battery energy storage system (BESS). The Agreement established a Contract Sum of THREE HUNDRED AND THIRTY-NINE THOUSAND AND NINE HUNDRED AND TWENTY-TWO DOLLARS ($339,922.00).

C. Pursuant to Section 1.9 of the Agreement, any increase in compensation up to ten percent (10%) of the Contract Sum or $25,000 may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

D. On December 14, 2022, the Parties entered into Amendment No. 1 to the Agreement to increase the Contract Sum by FIFTY FOUR THOUSAND AND FIVE HUNDRED SEVENTY TWO DOLLARS ($54,572.00) for the completion of the environmental document for the Irwindale Speedway Commerce Center Specific Plan project; bringing the contract total to $394,494.00.

E. On November 29, 2023, the Parties entered into Amendment No. 2 to the Agreement to extend the contract term to August 2024.

F. By this Amendment No. 3, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 2.1 of the Agreement to increase the Contract Sum by TWO HUNDRED ELEVEN THOUSAND AND TWO HUNDRED EIGHTEEN DOLLARS AND THIRTY-SIX CENTS ($211,218.36), bringing the final total to SIX HUNDRED AND FIVE THOUSAND AND SEVEN HUNDRED TWELVE DOLLARS AND THIRTY SIX CENTS ($605,712.36).

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01005.0005/1036316.2
G. By this Amendment No. 3, City and Consultant desire to amend the Agreement in accordance with the provisions of Section 3.2 of the Agreement to account for a revised Schedule of Performance.

NOW, THEREFORE, the parties hereto agree as follows:

1. Section 2.1 of the Agreement, entitled “Contract Sum” shall be amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed THREE HUNDRED AND NINETY FOUR THOUSAND AND FOUR HUNDRED AND NINETY FOUR DOLLARS ($394,494.00) SIX HUNDRED AND

FIVE THOUSAND AND SEVEN HUNDRED TWELVE DOLLARS AND THIRTY SIX CENTS ($605,712.36). (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”

2. Section 3.2 of the Agreement is hereby amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”, dated October 4, 2023, dated November 19, 2024, and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the “Schedule of Performance” may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.”

3. Exhibit “A” to the Agreement is hereby amended to incorporate Amendment No. 3 to the Scope of Services, attached hereto as Exhibit “A.” Whenever the term “Scope of Services” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 3 to the Scope of Services.

4. Exhibit “B” to the Agreement entitled “Special Requirements” shall remain unchanged.

5. Exhibit “C” of the Agreement entitled “Schedule of Compensation” shall be substituted and superseded in its entirety with the “Schedule of Compensation contained in Exhibit “C” attached hereto.

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01005.0005/1036316.2

6. Exhibit “D” of the Agreement entitled “Schedule of Performance/Timeline” shall be substituted and superseded in its entirety by the “Schedule of Performance/Timeline” dated November 1, 2024, contained in Exhibit “D” attached hereto.

7. Full Force and Effect. Except as expressly modified herein, all other provisions of the Agreement shall remain unmodified and in full force and effect. All rights and obligations of the parties under the Agreement that are not expressly amended by this Amendment No. 3 shall remain unchanged. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1, Amendment No. 2, and Amendment No.

3. 8. Corporate Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

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01005.0005/1036316.2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on the date and year first-above written.

CITY:

CITY OF IRWINDALE, a municipal
corporation
_
Albert F. Ambriz, Mayor
ATTEST:

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

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

LSA Associates, INC., a California
corporation
By:

Name: Anthony Petros
Title: CEO
Address: 20 Executive Park
Suite 200
Irvine, CA 92614
By:

Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED,

- 5 -
01005.0005/1036316.2

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01005.0005/1036316.2

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.

- 7 -
01005.0005/1036316.2

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.

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01005.0005/1036316.2
EXHIBIT "A"
AMENDMENT NO. 3 SCOPE OF SERVICES
Effective December 11, 2024
The following scope of work details the additional work covered in Amendment No. 3 and is organized per the tasks in the original Agreement with the City, dated October 28, 2020, as amended by Amendment No. 1, dated December 14, 2022, and as amended by Amendment No. 2, dated November 29, 2023).

SCOPE OF WORK
Task Name
Meetings with City to discuss comprehensive comments
Revision to ADEIR based on City comments
Final edits to DEIR
DEIR Public Review
Preparation of the FEIR/RTCs
Final EIR
Planning Commission Meeting #1
Planning Commission Meeting #2
City Council Meeting #1
City Council Meeting #2

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01005.0005/1036316.2
EXHIBIT "C"

SCHEDULE OF COMPENSATION

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01005.0005/1036316.2
EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
Proposal Dated November 19, 2024
Task Name Duration Finish
Comprehensive ADEIR Comments
Meeting with City to
discuss comprehensive
comments
4 days Tue 11/12/24
Receipt of BESS
description from Applicant 20 days Mon 12/2/24
Revision to technical
reports and ADEIR based
on City comments and
revised BESS description
23 days Tue 1/7/25
Final edits to DEIR 13 days Fri 2/21/25
DEIR Public Review 33 days Wed 4/9/25
Preparation of the
FEIR/RTCs 20 days Wed 5/7/25
Final EIR 10 days Wed 6/18/25
Planning Commission
Meeting #1 1 day Wed 7/16/25
Planning Commission
Meeting #2 1 day Wed 8/20/25
City Council Meeting #1 1 day Wed 8/27/25
City Council Meeting #2 1 day Mon 9/10/25

Item #24.M.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Contract Amendment No. 2 - Environmental Science Associates (ESA) City Manager's Recommendation:
(1) Approve Amendment No. 2 to Agreement for Professional Services between the City of Irwindale and Environmental Science Associates (ESA) for a budget amendment in the amount of $139,581.00 to complete the Housing Element, Safety Element, and Environmental Justice Element and environmental document; and (2) Approve Resolution No. 2024-103-3580 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2024/2025 BUDGET BY APPROPRIATING $139,581.00 FOR AMENDMENT NO. 2 TO THE PROFESSIONAL

CONSULTING CONTRACT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO COMPLETE THE

PREPARATION OF THE HOUSING ELEMENT, SAFETY ELEMENT, AND DEVELOPMENT OF AN ENVIRONMENTAL JUSTICE ELEMENT, AND THE APPROPRIATE ENVIRONMENTAL REVIEW DOCUMENT” Administrative Action:

Submitted / Prepared by:

Marilyn Simpson, AICP, Community Development Director
Reviewed by:

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

Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On June 23, 2021, the City Council approved the Professional Consulting Contract with Environmental Science Associates (ESA) for the preparation of the Housing Element, Safety Element, and new Environmental Justice Element and applicable environmental review. The original contract was for $642,332 (50% paid by the General Fund and 50% paid by the Mining Impact Fund). On October 26, 2022, the City Council approved Amendment No. 1 for a budget appropriation of $145,000. ESA is requesting an additional budget appropriation of $139,581.00 for additional meetings, bringing the total contract to $926,913.00.

The original scope of work and Amendment No. 1 included six workshops, two joint study sessions with the Planning Commission and City Council, and stakeholder interviews.

1. Joint Planning Commission/City Council Study Session (in person, held on April 25, 2022); provided an overview of the Housing, Safety and Environmental Justice Elements

2. Workshop #1 (virtual, held on April 7, 2022); provided an overview of the Housing, Safety and Environmental Justice Elements and included an interactive model building exercise

3. Workshop #2 (in-person, held on May 25, 2022), focused on the Housing Element and site inventory

4. Workshop #3 (in-person, August 9, 2022); focused on safety and environmental justice existing conditions with an interactive model building exercise

5. City Council Meeting (in-person, held on May 26, 2022), focused on sites inventory

6. City Council Meeting (virtual, held on June 22, 2022), focused on sites inventory

7. Workshop #4 to provide public review of Housing Element

8. Planning Commission meeting (in-person, held on December 21, 2022), presenting public review drafts

9. Stakeholder interviews (virtual, held throughout January 2023), obtaining information for the Environmental Justic and Safety Elements
Amendment No. 2 includes:

1. Workshop #5 (in-person, held September 19, 2023), provided public review of Safety and Environmental Justice (EJ) Elements

2. City Council Review (in-person, held July 24, 2024), presented Final Safety and EJ Element Implementation

3. City Council Review (in-person, held August 28, 2024) continuation of the Final Safety and EJ

Implementation presentation

4. Coverage for increases in records search fees and printing costs for the project

5. Updated technical analyses for air quality, energy, GHG emissions, and noise

6. Updated project trip generation for VMT analysis

7. Additional Planning Commission meeting, as needed

8. Additional City Council meeting, as needed.

Additional budget appropriation is also being requested to cover required work to make revisions to the Housing Element in response to HCD’s informal and formal comments, and supplemental work needed for environmental review for the density change to the Allen Drive site.

A revised Scope of Services, Schedule of Compensation/Budget Augment, and Schedule of Performance/Timeline has been included in Amendment No. 2 as Exhibits “A-1”, “C”, and “D” in the Amendment No. 2 to the Professional Services Agreement with ESA.

Fiscal Impact:

A Budget Amendment to the Fiscal Year 2024/2025 Adopted Budget in the amount of $139,581.00 (which will be allocated 50% or $69,790.50 from the General Fund (01-51-510-42300-0000) and 50% or $69,790.50 from the Mining Impact Fund (13-51-530-42300-0000)) is needed to appropriate funds for the services rendered.

Attachments:

1. ESA Amend No. 2 Prof Svcs Contract 12.11.24 (Final)

2. Resolution No. 2024-103-3580 (Final)

01005.0001/1036283.2
AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN

THE CITY OF IRWINDALE AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) This AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF IRWINDALE AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) (herein “Amendment No. 2”) is made and entered into this 11th day of December 2024, by and between the City of Irwindale, a California municipal corporation (“City”), and Environmental Science Associates (ESA), a California corporation (“Consultant” or “ESA”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. City and Consultant entered into that certain Agreement for Contract Services, (herein “Agreement”) dated June 23, 2021 for the preparation of a Housing Element Update, Safety Element Update, and new Environmental Justice Element and applicable environmental review document. The contract amount was Six Hundred Forty Two Thousand Three Hundred Thirty Two Dollars ($642,332.00).

B. On October 26, 2022, City and Consultant entered into Amendment No. 1 to the Agreement for a budget increase of $145,000 and established a maximum Contract Sum of Seven Hundred and Eighty Seven Thousand Three Hundred Thirty Two Dollars ($787,332.00).

C. City and the Consultant now wish to amend the Agreement with Amendment No. 2 to increase the Contract Sum by ONE HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED EIGHTY ONE DOLLARS (139,581.00) for the completion of the Housing, Safety and Environmental Justice Elements of the General Plan and environmental review document, bringing the final contract total to NINE HUNDRED TWENTY SIX THOUSAND NINE HUNDRED THIRTEEN DOLLARS (926,913.00).

D. By this Amendment No. 2, City and Consultant desire to amend Sections

3.2 and 3.4 of the Agreement to account for an extended term for the completion of the Housing, Safety, Environmental Justice Elements.

NOW, THEREFORE, in consideration of the mutual benefits to be derived by City and Consultant, and the promises contained herein, it is hereby agreed as follows:

1. The Scope of Services attached as Exhibit “A-1” to the Agreement shall be amended to add the additional services described in Exhibit “A-1” attached hereto.

2. Section 2.1 of the Agreement entitled "Contract Sum" shall be amended in its entirety to add an additional $139,581 to the Contract Sum for the preparation and completion of the Housing, Safety, Environmental Justice Elements, and environmental review document to read as follows:

01005.0001/1036283.2
“2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" identified as Exhibit "C" for $139,581 and incorporated herein by this reference, but not exceeding NINE HUNDRED TWENTY SIX THOUSAND NINE HUNDRED THIRTEEN DOLLARS ($926,913.00) in accordance with the requirements under this Agreement.”

3. Section 3.2 of the Agreement entitled “Schedule of Performance” is hereby amended to read in its entirety as follows:
“3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D”, and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.”

4. Section 3.4 of the Agreement entitled “Term” is hereby amended to read in its entirety as follows:
“3.4 Term. Unless earlier terminated in accordance with Article 7, “Enforcement of Agreement and Termination” of the contract, this Agreement shall continue in full force and effect until terminated but not to exceed June 1, 2025, except as otherwise provided in Section 3.2.

5. Exhibit “C” of the Agreement entitled Schedule of Compensation/Budget” shall be amended to add the additional tasks and associated costs described in “Schedule of Compensation/Budget Augment” dated November 6, 2024, contained in Exhibit “C” attached hereto.

6. Exhibit “D” of the Agreement entitled “Schedule of Performance/Timeline” shall be substituted and superseded in its entirety by the “Schedule of Performance/Timeline” contained in Exhibit “D” attached hereto.

7. Full Force and Effect. Except as expressly amended hereby, all other provisions the Agreement remain in full force and effect as originally executed. All rights and obligations of the parties under the Agreement that are not expressly amended by this amendment shall remain unchanged. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1 and Amendment No. 2.

8. Corporate Authority. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said

01005.0001/1036283.2
party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]

01005.0001/1036283.2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written.

CITY:

CITY OF IRWINDALE, a municipal
corporation
Albert F. Ambriz, Mayor
ATTEST:

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

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

ENVIRONMENTAL SCIENCE
ASSOCIATES (ESA), a California
corporation
By:

Name: Ruta K. Thomas
Title: Senior Vice President
/Southern CA Regional
Director
By:

Name: Monica Strauss
Title: Vice President
Address: 575 Market St, Ste 3700
San Francisco, CA 94015-
5827
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

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

01005.0001/1036283.2
EXHIBIT “A-1”
AMENDMENT NO. 2 SCOPE OF SERVICES
The following proposal provides a description of the additional scope that ESA is requesting to continue assisting the City in support of the 2023–2031 Housing Element Update, Safety Element Update, Environmental Justice Element, and the associated EIR, including those pertaining to Task D: Community Engagement, Task I: Environmental Review, and Task J: Project Management, as described below.

Task I: Environmental Review
The original contract, executed on June 23, 2021, included two different options for preparation of the environmental review documentation for the project, which consisted of either preparing an IS/MND or a Focused EIR. Based on discussions with the City starting in September 2022, it was decided that due to the programmatic nature of the project and need for increased legal defensibility, a Focused EIR (based on an Initial Study) should be prepared. For this option, the original contract assumed a project schedule of 66 weeks (roughly 17 months) from beginning the Initial Study/Notice of Preparation (IS/NOP) to filing the Notice of Determination (NOD) after adoption of the project.

ESA initiated the environmental review phase of the project on October 27, 2022. As a result of discussions with the City, ESA was made aware of the City’s ongoing, parallel process to also update its Zoning Code. Due to the connection between the Zoning Code Update and the General Plan Update, ESA participated in various calls with the City, the City’s Attorney, and the Interwest team to figure out the best path forward for the timing of the environmental review process and adoption of the Zoning Code Update and General Plan Update. These discussions occurred over various months starting in the Fall of 2022 with resolution in Spring 2023, which allowed ESA to finalize and submit the draft Project Description to the City on March 3, 2023. While it was necessary to establish the timing and context of the General Plan Update within the larger context of the City’s land use and zoning updates for the Project Description, this extended coordination effort was out of scope and caused additional budget implications and schedule delays. ESA is requesting an additional $5,000 to cover this out-of-scope effort.

ESA received City comments on the Project Description on May 16, 2023, and began work on the IS/NOP with the intention of preparing a Focused EIR. However, based on comments received on the Housing Element Update from the California Department of Housing and Community Development (HCD), ESA had to pause work on the IS/NOP due to changes requested by HCD on the Housing Element, specifically the Housing Inventory Sites. After HCD comments were resolved in June 2023, ESA reinitiated work on the IS/NOP and submitted the documents to the City for internal review on September 5, 2023. ESA received City comments on the Initial Study on November 6, 2023, and were still waiting for City comments on the NOP (as of November 21, 2023).

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The IS/NOP stage extended well past the original contract schedule of 18 weeks, which caused budget implications due to the schedule delays described above. In addition, ESA worked with the City to prepare for the release of the IS/NOP for public review. Since the original scope anticipated releasing the IS/NOP in 2021 and we were in 2023 as of the date of the release of the IS/NOP, the production and labor costs associated with mailing out the IS/NOP increased, where ESA is requesting an additional reimbursable budget of $1,000 for the completion of the mailout. In addition, other expanded efforts included work for historic resources, where the records searches identified a large inventory of resources which required a more robust analysis than originally scoped. In addition, ESA required additional coordination and working sessions with the City to determine the alternatives to the project in accordance with CEQA. As of the date of this letter, we have submitted the Administrative Draft EIR for review to the City. However, there were delays associated with the Administrative Draft Program EIR, as well, due to additional HCD comments received and waiting to see if the comments would change any of the programs analyzed in the EIR. Due to the prolonged schedule, ESA has incurred various budget implications based on the passage of time between tasks, most notably due to ESA staffing inefficiencies as staff needs to be re-engaged and refamiliarized with the specifics of the project and the status of their work products. This start/stop pattern has affected the originally scoped budgets, as technical work has been restarted various times to respond to the changes to the Housing Element Update and continuous work on the environmental document has been stalled, both of which create overall budget and schedule efficiencies. Additionally, the delayed schedule also resulted in ESA requiring additional coordination both internally and externally with the City and our traffic subcontractor, LLG, to prepare the technical work, including discussing and identifying data needs for air quality, GHG, energy, and noise analyses. To cover the budget implications associated with the passage of time and the expanded efforts, ESA is requesting $27,500 for these efforts. Lastly, due to the extension of the project schedule, ESA requires an additional budget of $5,600 for reimbursable items, such as record search fees, and printing fees, as these costs have increased over the two years since the original contract was executed.

Revisions to EIR to Accommodate Allen Site Density Change In September 2024, the City advised ESA that the General Plan designation would be changed for Site 1 (Allen site). Rather than an R-1 and R-2 overlay on three acres of the 10-acre property, the entire property would be zoned R-2 with a maximum of 14 units per acre. This would increase the overall buildout that is being evaluated in the EIR.

Therefore, technical analyses that require modeling based on the projected buildout will need to be updated. ESA will update the air quality, energy, GHG emissions, and noise analyses to account for the projected increase in growth. In addition, LLG will provide the updated project trip generation forecast to ESA for the technical analyses and will update the VMT analysis for the Project.

The additional budget will ensure ESA has adequate budget to handle the level of effort required to complete the Draft PEIR process and will also be applied to future tasks, including the Final EIR and Findings of Fact/Statement of Overriding Considerations, as

01005.0001/1036283.2
necessary. This proposed scope of work assumes that the EIR process for the project will be completed by Spring 2025.

Task J: Project Management
The original contract executed on June 23, 2021, had provided meetings, management, and coordination scope and budget for bi-weekly meetings and as needed coordination for 52 weeks, or one year under Task D, Community Engagement. ESA executed a Cost Amendment No. 1 in October 2022, which extended the project schedule to June of 2023, and created a new Project Management Task (Task J). Due to delays in approval of the Housing Element, we anticipate completion of the project in Spring 2025, which extended the project schedule by an additional two years approximately. Going forward, we will ensure that team meetings are only scheduled on an as-needed basis and only attended by strategic members of the team in order to minimize cost. The following describes the deliverables associated with project management responsibilities:
•Preparation for and attendance at meetings/conference calls with City staff and the project team on an as-needed basis;
•Internal ongoing coordination over the course of the project with project team members and our sub-consultant; and
•Invoices, quality assurance, client correspondence, and budget and schedule management.

01005.0001/1036283.2
EXHIBIT “C”

SCHEDULE OF COMPENSATION/BUDGET AUGMENT
Proposal Dated November 6, 2024
Fee Proposal All costs will be billed on a time and materials basis for a total not-to-exceed amount of $139,581 (which includes 5% contingency and reimbursable expenses). All costs will be based on actual hours and expenses incurred. We will create a new task for invoicing purposes to track and report budget under this amendment. The following table provides a summary of the additional cost modifications for ESA associated with this cost amendment.

Task Name Amendment No. 2
ESA
Task D: Additional Community Meetings and Associated Amendments to Drafts $47,909 Task I: Environmental Review $42,180
LLG Augment Trip Generation Forecast $7,475
Task J: Project Management $27,570
Non-Labor Expenses $7,800
TOTAL $132,934
ESA 5% Contingency $6,647
TOTAL with Contingencies $139,581

01005.0001/1036283.2
EXHIBIT "D"

SCHEDULE OF PERFORMANCE/TIMELINE
I. Consultant shall perform the Services and deliver the tangible work products, in accordance with the schedules below:

II. Unless earlier terminated in accordance with Article 7 of the Agreement, this Agreement shall continue in full force and effect until completion of the Services but not to exceed June 1, 2025. This proposed scope of work assumes that the EIR process for the project will be completed by Spring 2025.

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

Resolution No. 2024-103-3580

RESOLUTION NO. 2024-103-3580

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2024/2025 BUDGET BY APPROPRIATING $139,581.00 FOR AMENDMENT NO. 2 TO THE

PROFESSIONAL CONSULTING CONTRACT WITH ENVIRONMENTAL

SCIENCE ASSOCIATES (ESA) TO COMPLETE THE PREPARATION OF THE

HOUSING ELEMENT, SAFETY ELEMENT, AND DEVELOPMENT OF AN

ENVIRONMENTAL JUSTICE ELEMENT, AND THE APPROPRIATE

ENVIRONMENTAL REVIEW DOCUMENT
WHEREAS, the Housing Element of the General Plan is one of seven elements mandated by State law. The Housing Element is subject to detailed statutory requirements and requires review and certification by the State Department of Housing and Community Development (HCD); and WHEREAS, the City is in need of professional and technical expertise to prepare the comprehensive update to the Housing Element of the General Plan in a timely manner and completed a Request for Proposals process in order to evaluate to solicit and evaluate firms to provide these services; and WHEREAS, on June 23, 2021, the City Council approved a Professional Consulting Contract with Environmental Science Associates (ESA) for the preparation of an updated Housing Element, Safety Element, and Development of an Environmental Justice Element and the Appropriate Environmental Review Document in the amount of $642,332; and
WHEREAS, on October 26, 2022, ESA requested Amendment No. 1, a budget augment of $145,000, to complete the Housing, Safety, and Environmental Justice Elements, and Environmental Review document; and WHEREAS, additional work is needed to complete preparation of the documents, including workshops, meetings, and preparation of formal and informal responses to the HCD; and
WHEREAS, an additional budget amendment and appropriation of $139,581, 50% or $69,790.50 from the General Fund and 50% or $69,790.50 from the Mining Impact Fund is required to pay for ESA to complete the preparation of the Housing, Safety, and Environmental Justice Elements and Environmental Review document.

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

Section 1. The Fiscal Year (FY) 2024-2025 Budget is hereby amended and an amount of $139,581.00 is hereby approved for the appropriation of funds

Resolution No. 2024-103-3580

to pay for the completion of the Housing Element, Safety Element, Environmental Element, and Environmental Review document.

Section 2. 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 11th day of December 2024. _____________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-103-3580 was duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 11th day of December 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

Item #24.N.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Second Reading - Ordinance No. 790 to Add Chapter 9.68 of Title 9 to the Irwindale Municipal Code
City Manager's Recommendation:

Adopt on second reading Ordinance No. 790, entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, ADDING CHAPTER 9.68 OF TITLE 9 TO THE IRWINDALE MUNICIPAL CODE TO PROHIBIT UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY.” Administrative Action:

Submitted / Prepared by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On November 13, 2024, the City Council introduced Ordinance No. 790 for first reading. If adopted, the Ordinance will create standards for enforcement of campsites and unlawful storage of personal property in accordance with the recent U.S. Supreme Court Grants Pass decision. It would now be in order to adopt the ordinance on second reading.

Fiscal Impact:

Costs associated with the enforcement of and attorney’s fees for the prosecution of the proposed ordinance.

Attachments:

1. Ordinance No. 790 re Unlawful Camping & Storage of Personal Property

01005.0001/1030770.1
ORDINANCE NO. 790

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, ADDING CHAPTER 9.68 OF TITLE 9 TO THE IRWINDALE MUNICIPAL

CODE TO PROHIBIT UNLAWFUL CAMPING AND STORAGE OF

PERSONAL PROPERTY
WHEREAS, the City of Irwindale (“City”) is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries; and WHEREAS, camping within the City tends to degrade property and create unsanitary, disorderly, and dangerous conditions that affect the residents of the City as well as the general public; and
WHEREAS, the storage of personal property associated with these camping activities detracts from the use of property for its intended purposes and also creates unsanitary, disorderly, and dangerous conditions that affect the residents of the City as well as the general public; and
WHEREAS, the United States Supreme Court recently overruled the Ninth Circuit Court of Appeals precedent in City of Grants Pass v. Johnson, finding laws that regulate camping did not violate the Cruel and Unusual Punishments Clause of the Eight Amendment of the United States Constitution; and
WHEREAS, the City Council intends to act in accordance with the holding of City of Grants Pass by enacting laws regulating camping and storage of personal property in a way that best respects the dignity of all persons; and WHEREAS, the City Council desires to provide staff with direction on how to enforce the removal of unlawful campsites and unlawfully stored personal property.

THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:

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

SECTION 2. Chapter 9.68 (“Unlawful Camping and Storage of Personal Property”) of Title 9 (“Public Peace, Morals and Welfare”) of the Irwindale Municipal Code is hereby added and shall now read as follows:

CHAPTER 9.68 – UNLAWFUL CAMPING AND STORAGE OF PERSONAL

PROPERTY

9.68.010 – Purpose.

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The purpose of this Chapter is to:

A. Protect the health, welfare, and safety of residents and all people within the City’s boundaries by reserving open spaces and facilities within City limits for their intended purposes.

B. Provide standards for camping and sheltering outdoors which are intended to be as compatible as possible with the protection and preservation of health, safety, and welfare of the inhabitants of the City of Irwindale, including unhoused persons.

C. Address issues such as fire risk, environmental degradation, public access impediments, unsanitary conditions, and public safety hazards for residents, neighboring businesses, and unhoused persons.

9.68.020 – Definitions.

For the purposes of this chapter:

A. “Camp” or “Camping” means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia in a single location within the City for more than 24 hours.

B. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelter.

C. “Camp paraphernalia” include, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.

D. “City Manager” means the City Manager or his or her designee.

E. “Campsite” means a collection of items that are used or intended to be used for temporary habitation outdoors. Campsites contain camping facilities and/or camping paraphernalia.

F. “Exigent circumstance” means any circumstance in which there is an imminent threat to life, health, safety, or infrastructure which must be immediately addressed.

G. “Hazardous item” means items that present a health or safety risk including but not limited to toxic sharps, chemicals, soiled or moldy items, perishable items, controlled substances, contraband, trash or debris, and any items co-mingled with these listed items.

H. “Personal property” means (1) any item having apparent value of $50 or more; or (2) any item that can reasonably be identified as belonging to an individual and that has apparent value or utility, including but not limited to eyeglasses,

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operational wheelchairs, walkers, crutches, other medical equipment, bicycles, scooters, strollers in good repair, uncontaminated and habitable tents, photographs, identification cards, bank statements, and legal papers.

I. “Public property” includes, but is not limited to, a public park, public park facility, public parking lots, public passageways, public rights-of-way, publicly owned landscaped areas, public parkways, public medians, public greenbelts, other government-owned properties located within the City.

J. “Special event” includes, but is not limited to, programs operated by City departments, youth or school events, marathons or other sporting events, and other scouting activities.

9.68.030 – Unlawful camping.

A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia on any public property or any private property.

B. The City Manager may, as provided in § 9.68.040, issue a temporary permit to allow camping on public or private property in connection with a special event.

9.68.040 – Permit for special events.

A. The City Manager, may in his or her discretion, issue a permit to establish, maintain and operate a camp facility in connection with a special event.

B. The City Manager may consult with various departments, the county health officer, and the public prior to issuing any temporary permit.

9.68.050 – Abatement of campsites.

A. The City may remove personal property, camp paraphernalia, camp facilities, and all other property where a person is engaged in unlawful camping in accordance with the following procedures:

1. A written Notice to Vacate shall be posted on each tent or structure in a conspicuous manner at least 48 hours before beginning campsite removal. The Notice to Vacate shall include the following information:
a. Posting date and time;
b. Location;
c. “Vacate by” date and time;

01005.0001/1030770.1
d. Directions on how to retrieve the collected property and a telephone number for assistance;
e. Date by which collected property must be retrieved from the City before it is discarded; and
f. Removal start and end dates.

2. Removal work shall begin no earlier than the date written on the Notice to Vacate. If removal work does not begin accordingly, a new Notice to Vacate must be reposted before removal operations may begin.

3. Any person who returns to a campsite during abatement shall be allowed to remove their personal property from the site. Any personal property that the individual leaves behind will be deemed abandoned.

4. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.

5. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the campsite location and removal date. Any hazardous item shall be discarded.

6. Collected personal property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.

B. Under exigent circumstances, the City may remove personal property, camp paraphernalia, camp facilities, and all other property where a person is engaged in unlawful camping without a prior written Notice to Vacate.

1. A written notice shall be posted in a conspicuous manner after removal.

The notice must contain the following information:
a. Date and time of removal;
b. Location;
c. Directions on how to retrieve the collected property and a telephone number for assistance; and
d. Date by which collected property must be retrieved from the City before it is discarded.

01005.0001/1030770.1

3. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.

4. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the campsite location and removal date. Any hazardous item shall be discarded.

5. Collected property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.

9.68.060 – Unlawful storage of personal property.

A. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, on any public property or any private property without the written consent of the owner, except as otherwise provided by resolution or ordinance of the City Council.

B. The City may remove unlawfully stored personal property in violation of this section in accordance with the following procedures:

1. A written Notice of Removal shall be posted on or near the personal property in a conspicuous manner at least 24 hours before beginning removal. The Notice of Removal shall include the following information:
a. Posting date and time;
b. Location;
c. “Remove by” date and time;
d. General description of unlawfully stored personal property; e. Directions on how to retrieve the collected property and a telephone number for assistance; and
f. Date of removal.

2. Removal work shall begin no earlier than the date written on the Notice of Removal. If removal work does not begin accordingly, a new Notice of Removal must be reposted before removal operations may begin.

3. Any person who claims the personal property during the process of removal shall be allowed to remove their personal property from the

01005.0001/1030770.1
lawfully stored location. Any personal property that the individual leaves behind will be deemed abandoned.

4. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the unlawfully stored location and removal date. Any hazardous item shall be discarded.

5. Collected personal property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.

C. Under exigent circumstances, the City may remove unlawfully stored personal property without a Notice of Removal.

1. A written notice shall be posted in a conspicuous manner after removal.

The notice must contain the following information:
a. Date and time of removal;
b. Location;
c. General description of unlawfully stored personal property; and
d. Directions on how to retrieve the collected property and a telephone number for assistance; and
e. Date by which collected property must be retrieved from the City before it is discarded.

2. Personal property that is not a hazardous item shall be time-stamped photographed and inventoried by describing and labeling the items and identifying the unlawfully stored location and removal date. Any hazardous item shall be discarded.

3. Collected personal property shall be stored in a secured location for not less than 60 days. Items not retrieved by the owner within 60 days shall be deemed abandoned and may be discarded or recycled.

9.68.070 – Lawful use of private property.

A. Nothing in this section is intended to prohibit or make unlawful, activities of any owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential and/or other purposes.

01005.0001/1030770.1
B. Nothing in this section is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the City’s comprehensive zoning ordinance or other laws, ordinances, and regulations.

9.68.080 – Violations and penalties.

A. Any person in violation of this chapter shall be given a verbal or written warning before an infraction citation is issued. Enforcement personnel shall make good faith effort to contact the person and provide a reasonable opportunity to cure the violation. The warning shall describe the activity constituting a violation of this chapter, the action required to fix the violation, and the date and time by which the violation must be cured in order to avoid subsequent violations and penalties.

B. Any subsequent violation of this chapter shall be an infraction and, upon conviction thereof, shall be punishable by a fine not exceeding $50, notwithstanding section 1.12.020. In the Court’s discretion, alternative penalties, including but not limited to a reasonable amount of community service, may be imposed.

C. Any violation of this chapter which would otherwise be an infraction is a misdemeanor if a person has been convicted of an infraction under this section within 1 year immediately preceding the date of the first violation.

SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.

SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale at a regular meeting held on the ___ day of _____________ 2024. __________________________
Albert F. Ambriz, Mayor

01005.0001/1030770.1
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California do hereby certify that the foregoing Ordinance No. 790 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on the 13th day of November 2024, and was duly adopted at a regular meeting of the City Council of the City of Irwindale held on the ____ day of ______ 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 790, adopted by the City Council of the City of Irwindale at its regular meeting held _________________, 2024 to be posted at the City Hall, Library, and Post Office on _________________.
___________________________ Dated:________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Item #24.O.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Second Reading - Ordinance No. 791 to Add Chapter 9.72 of Title 9 to the Irwindale Municipal Code
City Manager's Recommendation:

Adopt on second reading Ordinance No. 791 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING CHAPTER 9.72 OF TITLE 9 OF THE IRWINDALE MUNICIPAL CODE TO

PROHIBIT ANY UNSANCTIONED GOVERNMENT-SPONSORED RELOCATION OF UNHOUSED PERSONS TO THE CITY OF IRWINDALE.”
Administrative Action:

Submitted / Prepared by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On November 13, 2024, the City Council introduced Ordinance No. 791 for first reading. This Ordinance prohibits any government-sponsored relocation of unhorsed persons into the City's jurisdiction, subject to limited exceptions. It would now be in order to adopt the ordinance on second reading.

Fiscal Impact:

Costs associated with the enforcement of and attorney’s fees for the prosecution of the proposed ordinance.

Attachments:

1. Ordinance No. 791 re Unsanctioned Government-Sponsored Relocation

01005.0001/1030725.1
ORDINANCE NO. 791

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING CHAPTER 9.72 OF TITLE 9 OF THE IRWINDALE MUNICIPAL CODE TO PROHIBIT ANY UNSANCTIONED GOVERNMENTSPONSORED RELOCATION OF UNHOUSED PERSONS TO THE CITY

OF IRWINDALE
WHEREAS, the Irwindale (“City”) has become aware of a recent incident in which a disabled, unhoused individual was transported and dropped off in the City of Santa Cruz by Hanford Police Department officers without any authorization from the City of Santa Cruz or its homeless shelter operators; and
WHEREAS, if cities and counties can simply relocate unhoused persons to another jurisdiction, no jurisdiction would be incentivized to provide shelter, affordable housing, and outreach services critical to solving California’s homelessness crisis; and WHEREAS, incidents similar to the one described above prevent cities and counties from responsibly addressing homelessness; and
WHEREAS, the City does not have the resources available to provide shelter and services to any person experiencing homelessness who is dropped off in the City by law enforcement officers, employees, or agents of another jurisdiction; and WHEREAS, Governor Gavin Newsom’s recent Executive Order N-1-24 directed removal of homeless encampments on state properties which may cause more cities and counties to attempt relocation of its unhoused population; and WHEREAS, the City Council now desires to add provisions to the City’s Municipal Code to preempt any similar incidents to that of the City of Santa Cruz.

THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:

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

SECTION 2. Chapter 9.72 (“Prohibition of Unsanctioned Government-Sponsored Relocation of Unhoused Persons”) of Title 9 (“Public Peace, Morals and Welfare”) of the Irwindale Municipal Code is hereby added and shall now read as follows:

Chapter 9.72 PROHIBITION OF UNSANCTIONED GOVERNMENTSPONSORED RELOCATION OF UNHOUSED PERSONS § 9.72.010 – Purpose.

01005.0001/1030725.1
The purpose of this chapter is to:

1. Help preserve the City’s limited homelessness-related resources, including but not limited to shelter and outreach, for the benefit of individuals residing in the City; and

2. Encourage the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to persons experiencing homeless within their jurisdiction, rather than simply transporting these individuals elsewhere; and

3. Prevent government agencies from engaging in the cruel and inhumane treatment of unhoused persons.
§ 9.72.020 – Unsanctioned relocation prohibited.

A. No law enforcement officer, agent, or employee of a county, city, or other governmental entity, when acting in their official capacity, shall transport and drop off an individual on public property or private property that is accessible to the public within the City of Irwindale if the individual lacks a fixed, regular, and adequate nighttime residence.

B. A person “lacks a fixed, regular, and adequate nighttime residence” within the meaning of this section if that person:

1. Has a primary nighttime residence that is on public property or private property not meant for habitation; or

2. Lives in a publicly or privately operated shelter designated to provide temporary living arrangements, including but not limited to congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs; or

3. Is exiting an institution where they have resided for 90 days or less and resided in an emergency shelter or place not meant for habitation immediately before entering that institution.
§ 9.72.030 – Exceptions.

The prohibitions of this chapter shall not apply to the following authorized activities:

1. Transporting a person to be treated at a hospital or other medical facility; or

2. Transporting a person to reside at a facility such as a shelter, temporary housing, or permanent housing, when a law enforcement officer, agent, or employee of a

01005.0001/1030725.1
county, city, or other governmental agency has verified that the individual being transported has already been accepted to reside at the facility; or

3. Transporting a person to attend a verified appointment with a governmental or nonprofit social service provider; or

4. Any transportation or drop off activities undertaken by the City of Irwindale or the City of Irwindale Police Department on the City’s behalf within the City of Irwindale; or

5. The operations of a governmental provider of public transportation, including but not limited to the Metro, Metrolink, and Foothill Transit. § 9.72.040 – Violations and penalties.

A violation of any provision of this chapter shall be a misdemeanor.

SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.

SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale at a regular meeting held on the ___ day of __________ 2024. __________________________
Albert F. Ambriz, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0001/1030725.1
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, California do hereby certify that the foregoing Ordinance No. 791 was introduced for first reading at a regular meeting of the City Council of the City of Irwindale held on the 13th day of November 2024, and was duly adopted at a regular meeting of the City Council of the City of Irwindale held on the ____ day of ______ 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 791, adopted by the City Council of the City of Irwindale at its regular meeting held _________________, 2024 to be posted at the City Hall, Library, and Post Office on _________________.
___________________________ Dated:________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Item #24.P.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Construction Change Orders for the Aquatic Center Swimming Pool Renovation Project; P-1062
City Manager's Recommendation:

Adopt Resolution No. 2024-111-3588 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1) APPROVING CONSTRUCTION CHANGE ORDER IN THE AMOUNT OF $290,856.92 FOR THE AQUATIC CENTER SWIMMING POOL RENOVATION PROJECT (P-1062) TO INCREASE THE CONTRACT FROM $611,886.69 TO $902,743.61; AND (2) APPROVING AN UPDATED 10% PROJECT CONTINGENCY IN THE AMOUNT OF $90,274.36 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:

On July 24, 2024, the City Council awarded the contract for the construction of the Aquatic Center Swimming Pool Renovation Project (P-1062) to Blue Star Pools, Inc. for the amount of $611,886.69.

The original scope of work for the project included (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.

However, one change order initiated by the City is being requested to extend the removal and reconstruction of the concrete deck to the perimeter fence on three sides and to the existing Office Building on the south side, which will exceed the current contingency amount of $61,188.67.

The total amount of the proposed change order is $290,856.92, bringing the total contract amount to $902,743.61. The original 10% contingency amount of $61,188.67, along with the additional 10% contingency for the change orders of $29,085.69 results in a revised contingency amount of $90,274.36.

Fiscal Impact:

The Fiscal Year 2024-2025 adopted budget's Capital Improvement Program Project No. 8229 (Swimming Pool Facility & Lift Remodel Project) has sufficient funding to cover the $319,942.61 ($290,856.92 + $29,085.69) change order(s). No additional funding is being requested.

Attachments:

1. Change Order - Concrete Deck - 12.2.24

2. Resolution re Approval of Construction Change Order re Aquatic Center Swimming Pool Renovation Project

Bid Proposal
Irwindale Aquatic Access
Bid valid for 60 Days 5050 Irwindale Avenue
Irwindale, CA 92806
Date: 11/25/2024

INCL'D OPTION AMOUNT AMOUNT
x
$290,856.92
x $ 25,902.52 *
x $ 75,182.40 $ -
x $ 75,908.80 $ -
x $ 17,978.40 $ -
x $ 95,884.80 $ -
x
$ - $ -
TOTAL $290,856.92

EXCLUSIONS AND OWNER RESPONSIBILITIES
SURGE TANK: Remove slab on surge tank and remove hatch. Install forms and grade 60 rebar #5 @ 12" O.C.

Pour 4,500 PSI concrete.

SWIMMING POOL DECK REMODEL

CONCRETE DECK
DEMO: Demo approx. 6,700 SF of concrete around the pool area up to next to the building. Haul away concrete.

Pay dump fees.

CONCRETE: Pour approx 6,700 SF of concrete broom finish and color TBD.

ADMIN: Plans, permit processing performance bond and administrative.

PREPARATION: Run drainge with new grates spots. drade , compact base in preparation for concrete, install grade 60 rebar #4 @16". Install anchor for diving boards. Remove fence next to building and set it back.

Change Order - Concrete Deck - 12.2.24 Page 1

Resolution No. 2024-111-3588

RESOLUTION NO. 2024-111-3588

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE (1) APPROVING CONSTRUCTION CHANGE ORDER IN THE AMOUNT
OF $290,856.92 FOR THE AQUATIC CENTER SWIMMING POOL
RENOVATION PROJECT (P-1062) TO INCREASE THE CONTRACT
FROM $611,886.69 TO $902,743.61; AND (2) APPROVING AN
UPDATED 10% PROJECT CONTINGENCY IN THE AMOUNT OF
$90,274.36 TO COVER ANY UNFORESEEABLE CONDITIONS THAT

MAY ARISE DURING CONSTRUCTION
WHEREAS, on July 24, 2024, the City Council awarded the contract for the construction of the Aquatic Center Swimming Pool Renovation Project (P-1062) to Blue Star Pools, Inc. for the amount of $611,886.69; and
WHEREAS, the original scope of work for the project included (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; and WHEREAS, the City initiated one change order to extend the removal and reconstruction of the concrete deck to the perimeter fence on three sides and to the existing office building on the south side of the construction; and WHEREAS, the total proposed change order is $290,856.92, bringing the total contract amount to $902,743.61; and
WHEREAS, an additional $29,085.69 will need to be added to the existing contingency to keep the 10% overall project contingency; and WHEREAS, the Fiscal Year 2024-2025 adopted budget’s Capital Improvement Program Project No. 8229 (Swimming Pool Facility & Life Remodel Project) has sufficient funding to cover the additional $290,856.92 contract amount and $29,085.69 contingency amount for a total of $319,942.61.

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

SECTION 1. The City Council hereby approves construction change orders in the amount of $290,856.92, attached hereto as Exhibit “A”, to increase the contract from $611,886.69 to $902,743.61.

Resolution No. 2024-111-3588

SECTION 2. The City Council hereby approves an updated 10% project contingency in the amount of $90,274.36 to cover any unforeseeable conditions that may arise during construction.

SECTION 3. The Chief Deputy City Clerk shall certify to the passage and adoption of this resolution, and the same thereupon take effect and be in force.

PASSED, APPROVED and ADOPTED this 11th day of December 2024. ________________________________
, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Resolution No. 2024-111-3588

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, MMC, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-111-3588 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 11th day of December 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

Item #24.Q.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Acceptance of the Construction of the Irwindale Park Improvements Project Phase IV & V - P-1011
City Manager's Recommendation:
(1) Ratify changes to the original scope of work and accept the improvements and maintenance responsibilities for the constructed improvements for the Irwindale Park Improvements Project Phase IV & V; (2) approve the final construction project amount of $5,940,342.54; (3) authorize the City Clerk to record the Notice of Completion; (4) authorize the Finance Director to release the 5% retention amount for the construction project; and (5) adopt Resolution No. 2024-110-3587 entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROPRIATING AN ADDITIONAL $607,674.02 FROM THE GENERAL FUND TO THE IRWINDALE PARK IMPROVEMENTS PROJECT PHASE IV & V; P-1011”.

Administrative Action:

Submitted by:

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

Francisco Carrillo, Construction Compliance Manager
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 28, 2023, the City Council awarded the Irwindale Park Improvements Project Phase IV & V to Simgel Co. Inc. in the amount of $4,720,000.00. Additionally, a 20% project contingency of $944,000.00 was approved to address any unforeseen conditions that may arise during construction, bringing the total authorized amount to $5,664,000.00.

At the same City Council meeting, the City Council approved an agreement with Z&K Consultants for Construction/Project Management, Inspection, and Construction Surveying Services in the amount of $242,405.00. A 15% project contingency of $36,361.00 was also approved, resulting in a total authorized amount of $278,766.00.

On February 14, 2024, the City Council approved Amendment No. 3 to the professional services contract agreement between Steven A. Ormenyi & Associates and the City of Irwindale for the contract administration during the construction of the Irwindale Park Improvements Project Phases IV, and V in the amount of $100,000.00 to support the City on the Architectural construction support for additional work and changes to the plans and construction.

The original scope of work for the Irwindale Park Improvements, Project Phase IV & V, included ADA accessibility and compliance, renovate and reconstruct two (2) restroom facilities and a picnic/BBQ shelter, install one (1) new picnic shelter, and irrigation, amenities and landscaping.

During construction, additional work beyond the original scope of work deemed necessary was done which resulted in forty-four (44) contract change orders for the project. These changes arose from various circumstances, including discrepancies in the plans and specifications (P&E), City-initiated change requests, unforeseen field conditions, corrections of design errors and omissions, building code (BC) interpretations, and ADA compliance issues.

The additional work included, but was not limited to:
• Restrooms and Picnic Shelters: Modifications during demolition and construction. • Lighting and Electrical Improvements: Replacement of nine (9) light poles and their footings near the parking lot, upgrades to electrical pull boxes throughout the site, and installation of

two (2) new Edison service meters as directed by Edison. • City-Requested Enhancements: Installation of temporary power for night lighting on Allen Dr. and Calle de Paseo, construction of a new concrete sidewalk/walk path on the park's south side, installation of new benches, and a new irrigation controller for the softball field. • Technology Upgrades: Installation of a communications line and conduit for an additional CCTV camera.
• Other Improvements: Additional irrigation devices and other unforeseen related work required to complete the project.

These changes were necessary to address evolving project requirements, ensure compliance, and improve functionality and safety across the park.

The total cost of the 44 additional change orders was $1,220,342.54. The construction contingency was approved in the amount of $944,000.00. The final construction cost of the Irwindale Park Improvements Phase IV & V Project, which includes the amounts from the change orders is $5,940,342.54, which is $276,342.54 more than the previously authorized amount. Staff recommends that the City Council ratify the changes in the contract amount due to the additional work.

The construction management and inspection services contract incurred an additional costs of $69,008.00. The final amount of the services provided, including all additional work, is $347,774.00.

Architectural construction support services provided by Steven Ormenyi, Landscape Architect, for additional work and changes to the plans and construction were originally approved for $100,000.00.

The final cost of these services amounted to $140,500.00. Of this total, $28,533.09 was for architectural support related to previous park phases, leaving the current project with an additional expense of $11,966.91.

The total cost for the Irwindale Park Project Phase IV and V, is $6,621,971.02. This includes, construction, inspection and management, and other construction support & miscellaneous expenses miscellaneous expenses for this project as shown below:

Construction - Phase IV & VI $ 5,940,342.54
Construction Management & Inspection – Phase IV & V $ 347,774.00 Architectural construction support by Steven Ormenyi, per Contract Amendment No. 3
$ 140,500.00
Plump Engineering – Construction/Structural Engineering Support $ 8,158.40 New Waterline Services installed by Water Co. & paid to contractor as CCO #01 for $108,382.20. *
$ 109,466.02
Other Construction Support & Miscellaneous Expenses (advertising, printing, SCE, WCA tree trimming**, plaque engraving, benches/picnic shelter) $ 75,730.06
Total Project Cost to Date $ 6,621,971.02
* The waterline Services is not considered a change order, but work was arranged by the contractor as established on the project plans and work wase paid to the contractor as CCO No.1 in the amount $108,382.20 and later added $1,083.82 as part of the contract for bonding = $109,466.02. An adjustment in compensation through corrections to the change orders has been made and will be deducted and included now as an allowance charge to the City in the amount noted.

** Part of West Coast Arborists Cost was recovered through a credit change order.

Fiscal Impact:

The approved budget for the Irwindale Park Improvements Project Phases IV and V, under Account No. 48-80-800-45200-8243, was set at $6,014,297.00. However, the total project cost has reached $6,621,971.02, which includes all costs associated with the project as detailed in the table above. To cover the overall cost of the project, additional funding of $607,674.02 from the General Fund Reserve is now being requested to complete the Park Improvements for Phases IV and V.

Attachments:

1. 12-11-2024 Acceptance of Construction of the Park Imp Phase IV & V Project (P-1011) -

RESOLUTION

2. 2024-12-02 CCO Log

3. 12-11-2024 - Irwindale Park Imp Phase IV & V Project (P-1011 (NOC)

Resolution No. 2024-110-3587

RESOLUTION NO. 2024-110-3587

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROPRIATING AN ADDITIONAL $607,674.02 FROM THE GENERAL FUND TO THE IRWINDALE PARK IMPROVEMENTS PROJECT PHASE IV & V; P-1011 WHEREAS, on June 28, 2023, the City Council awarded the Irwindale Park Improvements Project Phase IV & V to Simgel Co. Inc. in the amount of $4,720,000.00.

Additionally, a 20% project contingency of $944,000.00 was approved to address any unforeseen conditions that may arise during construction, bringing the total authorized amount to $5,664,000.00; and
WHEREAS, on June 28, 2023, the City Council approved an agreement with Z&K Consultants for Construction/Project Management, Inspection, and Construction Surveying Services in the amount of $242,405.00. A 15% project contingency of $36,361.00 was also approved, resulting in a total authorized amount of $278,766.00; and
WHEREAS, on February 14, 2024, the City Council approved Amendment No. 3 to the professional services contract agreement between Steven A. Ormenyi & Associates and the City of Irwindale for the contract administration during the construction of the Irwindale Park Improvements Project Phases IV, and V in the amount of $100,000.00 to support the City on the Architectural construction support for additional work and changes to the plans and construction; and WHEREAS, this project has been substantially completed as of June 24, 2024, and due to landscape maintenance responsibilities by the contractor it is established based on the specification of the contract documents that project completion shall be by December 25, 2024; and
WHEREAS, during construction, additional work beyond the original scope of work deemed necessary was done which resulted in forty-four (44) contract change orders for the project. These changes arose from various circumstances, including discrepancies in the plans and specifications (P&E), City-initiated change requests, unforeseen field conditions, corrections of design errors and omissions, building code (BC) interpretations, and ADA compliance issues; and WHEREAS, after a thorough assessment of contract change orders, it is warranted in the form of the forty-four (44) contract change orders totaling the amount of $1,220,342.54, from where $276,342.54 was exceeded the previously authorized amount; and
WHEREAS, Architectural construction support services incurred an additional $40,500.00; and

Resolution No. 2024-110-3587

WHEREAS, Construction management and inspection services incurred an additional $69,008.00; and
WHEREAS, other construction support and minor expenses incurred an additional $193,354.48; and
WHEREAS, a total of $607,674.02 will need to be appropriated to cover the full cost of these contract change orders and additional work to the Irwindale Park Improvements Project Phase IV & V Project; and
NOW, THEREFORE, the City Council of the City of Irwindale, California, does hereby resolve as follows:

SECTION 1. The City Council hereby appropriates $607,674.02 from the General Fund Reserves to be transferred to the Irwindale Park Improvements Project Phase IV & V Project
SECTION 2. The Chief Deputy City Clerk shall certify to the passage and adoption of this resolution, and the same thereupon take effect and be in force.

PASSED, APPROVED and ADOPTED this 11th day of December 2024. ________________________________
Albert F. Ambriz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }

Resolution No. 2024-110-3587

I, Laura M. Nieto, MMC, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2024-110-3587 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 11th day of December 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

Irwindale Park Improvements Phase IV & V
CCO No.

Former
CCO No.

Contract Change Orders (COOs) DESCRIPTION
Approval
Allw 1 1 New 2" Water Line Services $ 108,382.20
1 2 Remove Picnic Tables, Break & Haul Away $ 19,216.70 2 3 New 4" Communication Line $ 30,588.75
3-1 5-1 Demolition of Restroom 1 per RFI 17 $ 797.13
3-2 5-2 Demolition of Restroom 2 per RFI 20 $ -
3-3 5-3 Demolition of Restroom 1&2 per RFI 21 $ 5,289.91 3-4 5-4 Demolition of Restroom 1&2 per RFI 22 $ 7,557.02 3-5 5-5 Demolition of Restroom 1&2 per RFI 24 $ 5,704.00 3-6 5-6 Demolition of Restroom 2 per RFI 25 $ 6,737.86
4 6 Temporary Power for Allen Street corner $ 18,117.67 5a 7a Pedestals For SCE North $ 48,102.46
5b 7b Pedestals For SCE South $ 30,000.00
6-1 8-1 Sewer Plumbing for Restrooms $ 40,308.31
6-2 8-2 Restrooms Trap Primer $ 26,624.13
6-3 8-3 Restrooms Hammer Arrester $ 14,148.29
7 9 Removing Existing Light Poles with Footings $ 53,948.52 8 10 Removing Rocks and Boulders, Hauling and Dumping $ 81,985.38 9 11 Removing and Replacing of Existing Concrete Walkway $ 9,676.82 10 13 Metal Fence Modification for Picnic Shelter 1 $ 5,721.11 11 14 Adding Electrical Pull Boxes $ 33,441.16
12 18 Raising up Columns of Picnic Shelter 1 $ 17,051.24 13 19 Changing Beams of Restrooms 1 and 2 $ 49,231.04
14 21 South of Restroom 2, Parking Area Walkway $ 337,040.00 15 23 Lights in Restrooms Utility Rooms $ 11,605.50
16 24 Copper Lines to Backflow $ 19,403.59
17 25 New Walkway by Horse Shoe Pit $ 15,000.00
18 26 Unforeseen Utilities $ 17,766.04
19 27 Access Panels for Restrooms $ 3,500.74
20 30 Camera Conduit $ 11,359.08
21 31 Perforated Metal Panels Stainless Steel $ 18,112.64 22 32 Extra Irrigation Work $ 50,000.00
23 33 Pull Box next to Memorial Rock $ 5,000.00
24 36 Additional Irrigation controller $ 14,821.78
25 39 Outlet changes 4/10/24 Email $ 24,000.00
26 40 Extra Benches $ 33,147.62

CCO No.

Former
CCO No.

Contract Change Orders (COOs) DESCRIPTION
Approval
27 41 Water line Shelter 1 $ 10,447.01
28 42 Frames under Beams Shelter 1 $ 3,746.66
29 43 Block walls counter top Shelt 1 $ 5,000.00
30 44 Fence ext. above gates Shelt 1 $ 17,919.78
31 45 Concrete Beams in Restrooms Ph5 $ 2,654.60
32 46 Block wall closing opening restroom 2 $ 3,000.00
33 49 Picnic Shelter Gas Line Leak $ 59,249.13
34 50 Baby change siding SS $ 3,750.00
35 51 Drinking Fountain siding SS $ 3,827.20
36 52 2 ADA Domes Panels in the Parking lot ramps $ 2,000.00 37 53 Modify Electrical doors and Frames $ 4,533.02
38 54 Additional BBQ stands modif. $ 5,400.86
39 55 N. of Soft Ball & PD Irrigations $ 21,646.10
40 58 D.F. Drain in the Parking lot $ 189.03
41 62 Picnic Sheletr 2 Caving in & Rocky $ 21,782.75
42 63 Tree Removals by PD Wall $ 12,002.65
43 66 Credit RR Epoxy Flooring $ (11,893.27)
44 67 Credit WCA Tree Trimming and D-Tree R&R $ (22,000.07) TOTAL $ 1,316,642.14
1% Bond $ 13,166.42
$ 1,329,808.56
Allwce 1 1 New 2" Water Line Services $ 108,382.20
1% Bond $ 1,083.82
$ 109,466.02
TOTAL $ 1,329,808.56
$ (109,466.02)
Total Change Orders $ 1,220,342.54

RECORDING REQUESTED BY: /

CITY OF IRWINDALE /
/
WHEN RECORDED MAIL TO: /
City of Irwindale /
Department of Public Works /
5050 N. Irwindale Avenue /
Irwindale, CA 91706 /
/
/
/
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION OF

PUBLIC IMPROVEMENT AND WORK
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: CITY OF IRWINDALE – IRWINDALE PARK IMPROVEMENTS PHASE IV & V (P-1011).

2. The full name of the owner is: CITY OF IRWINDALE.

3. The full address of the owner is: 5050 NORTH IRWINDALE AVENUE, IRWINDALE, CALIFORNIA, 91706.

4. On the 11th day of DECEMBER 2024, there was completed upon the hereinafter-described real property the following work: IRWINDALE PARK IMPROVEMENTS PROJECT PHASE IV & V.

5. The name of the original contractor for the work described above was: SIMGEL CO. INC.

6. The real property referred to herein is situated in the City of Irwindale, County of Los Angeles, State of California and is described as follows: IRWINDALE PARK IMPROVEMENTS PHASE IV & V PROJECT (P-1011).

DATED: __________________, 2024
_________________________________________________
Eddie Chan, Director of Engineering/Building Official
City of Irwindale
ATTEST:
____________________
Chief Deputy City Clerk

State of California
County of _______________
Subscribed and sworn to (or affirmed) before me on this ______ day of _____________, 20___, by _______________________ ___________________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature_______________________
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.

Item #24.R.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Declaration of Surplus Equipment
City Manager's Recommendation:

Receive and file.

Administrative Action:

Submitted / Prepared / Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The equipment items described in the attached list are computer hardware and electronic devices that have exceeded their useful life and are merely occupying storage space with no potential marketable value. These items have become obsolete, worn out, broken, or unsuitable for City use. As such, the Purchasing Manager has declared the equipment to be surplus property per the attached declaration.

Section 3.44.150 of the Irwindale Municipal Code outlines the following procedure to dispose of surplus equipment:

1. All departments must submit to the purchasing manager reports showing all equipment no longer used or which has become obsolete or worn out.

2. The purchasing manager makes a declaration of the surplus equipment.

3. The item must be offered for sale on a competitive bid basis after proper notice to the public.

4. After a reasonable effort has been made to obtain competitive bids and no offers are received for any item, the purchasing manager is authorized to dispose of such item for the highest scrap value that can be obtained.

If a reasonable effort to do so procures no opportunity to sell the same for scrap, the purchasing manager may cause its destruction or any other disposition.

The most efficient and cost-effective method of securing competitive bids, given the value of the equipment, is through a public auction service. Through this method, the City may likely receive the highest bid and the equipment may be sold in a single, efficient manner.

However, since the computer and electronic equipment items listed have no real resale value, they are more appropriately considered electronic waste (e-waste). Therefore, the purchasing manager, per the authority in Section 3.44.150 of the Irwindale Municipal Code, has determined that the most feasible way to dispose of this e-waste is through an electronic waste recycler.

This item is before the City Council in the spirit of transparency, and no action is required by the City Council.

Fiscal Impact:

The computer and electronic items on the attached list have no significant resale value. Any potential residual funds from disposing the items as e-waste through a recycler are anticipated to be nominal, if any, and would be credited to the General Fund.

Attachments:

1. 1. Computer & Electronic Equipment

2. 2. Computer & Electronic Equipment

3. 3. Computer & Electronic Equipment

4. 4. Computer & Electronic Equipment

5. 5. Computer & Electronic Equipment

MAKE MODEL SERIAL ASSET TAG DESCRIPTION QUANTITY
Gateway LP Mini Tower TB3 Performance 650 17928697 N/A PC Tower 1 N/A N/A N/A N/A Chamber of Commerce Bingo Spinner 1
Apple iPad A1474 DMPR2PABFK10 0023 Old iPad 1
Casil CY151219 8141003211 N/A Sealed Lead-Acid Battery 1 Ultra Tech Power Products N/A 4004930402 N/A Rechargeable Sealed Lead Acid Battery 1 Power Patril N/A 5648933593 N/A Sealaed Rechargeable Battery 1 Uniden America Corporation BC796D 320Z54005388 N/A Trunk Tracker IV 1 Acco Brands Heat Seal H425 UF 16753X N/A Personal Laminator 1 LEDCO The Educator Thermal Roll Laminator ED-25-13257 00000668 Laminator 1 Hewlett-Packard HP LaserJet 600 M601 CNCCF5R0D5 N/A LaserJet Printer 1 Hewlett-Packard HP LaserJet Pro MFP M521dn CNB7F3T663 N/A LaserJet Pro Printer 1 PowerVar ACDEF700-11 1707101R-1720040 N/A UPS 1
PowerVar ACDEF700-11 1707101r-1420156 N/A UPS 1
HecklerDesign N/A N/A N/A iPad table mount 1
Toshiba E05A075BAU2XK 71BJS9UUSMC1 N/A 750 GB External HDD 1 APC Genuine RBC 3A2016XX18480 N/A Lead Acid Battery 1
Hewlett-Packard HP EliteDesk 800 G5 SFF MXL00240CZ 0150 PC Tower 1 Hewlett-Packard HP Z240 SFF Workstation 2UA6243M7G 0175 PC Tower 1 Hewlett-Packard HP EliteDesk 800 G2 SFF MXL6430HKG 0159 PC Tower 1 Hewlett-Packard HP EliteDesk 800 G2 SFF MXL6232YPZ 0158 PC Tower 1 Hewlett-Packard HP Z220 SFF Workstation 2UA3161YG0 0149 PC Tower 1 Hewlett-Packard LFHMT01GU9O0KA N/A N/A 800 G2 & 705 G2 Monitor Stand 2 Hewlett-Packard 921010-001 N/A N/A E243i-V2 Monitor Stand 8 Hewlett-Packard N/A N/A N/A E241i Monitor Stand 13
Hewlett-Packard N/A N/A N/A E221 Monitor Stand 1
Hewlett-Packard N/A N/A N/A Monitor Stand 1
Hewlett-Packard N/A N/A N/A LA2405wg Monitor Stand 1
Hewlett-Packard N/A N/A N/A E242 Monitor Stand 2
Hewlett-Packard N/A N/A N/A LA1751G Monitor Stand 1
Hewlett-Packard N/A N/A N/A PC Tower Side Panel Cover 2 Acer UT222Q 4.12001E+11 N/A LCD Monitor 1
Ergotron N/A N/A N/A Crate of various Ergotron monitor arms 1 Aomais Aomais Sport II 2AFSGF2 N/A Speaker 1
Infinity In-USB-2 9492220715 N/A Dictation Foot Control 1 X-keys N/A 32078 N/A Dictation Foot Control 1
Cradlepoint Technology 3G/ 4G Mobile Broadband MM090087000268 N/A Broadband Router 1 Various N/A N/A N/A Box of wired/ wireless keyboards 1
Various N/A N/A N/A Box of wires/ miscelaneous items 1
CSB HR 1234W F2FR N/A N/A Sealed Lead Battery 2
Microlab Lifestyle Microlab M600 EHW050627 N/A Subwoofer System 1 Fellowes OD1500C N/A N/A Paper Shredder 1
Hewlett-Packard HP EliteOne 800 G2 23-in Touch GPU All-in-One PC MXL6140RMR 0141 All-in-One PC 1 Hewlett-Packard HP EliteOne 800 G2 23-in Touch GPU All-in-One PC MXL6121Q4L 0142 All-in-One PC 1 Hewlett-Packard HP EliteOne 800 G2 23-in Touch GPU All-in-One PC MXL61223FP 0297 All-in-One PC 1 Keurig Keurig K921 921.C11B.0236874 N/A Coffee Maker 1
Getac Getac F110 RF339F1235 00000902 Ruggedized Tablet 1 Getac Getac F110 RF339F1224 00000899 Ruggedized Tablet 1 Getac Getac F110 RF339F1231 00000897 Ruggedized Tablet 1 Canon Selphy CP 1200 213204223788 N/A Card printer w/ cards 1 Canon CA-CP200B N/A N/A Power Adapter 1
Gamber-Johnson N/A N/A N/A MDC mounted keyboard 1
Gamber-Johnson 7160-0542 D03715AAX039 N/A MDC MDC mount 1 Hewlett-Packard HP Z240 SFF Workstation 2UA6243M79 0156 PC Tower 1 Hewlett-Packard HP Z240 SFF Workstation 2UA6243M7S 0146 PC Tower 1 Hewlett-Packard HP Z240 SFF Workstation 2UA6243M7Y 0174 PC Tower 1 Dell Optiplex 380 HF38PN1 N/A PC Tower 1
Various N/A N/A N/A Various size ram sticks 1
Audio Dynamix N/A N/A 0586 Stereo & Rolling speakers 2
Digital Watchdog VMAX16 VM160210330046 N/A Digital Video Recorder 1 Brother HL-L2350DW U64964C8N382216 N/A Ink Printer 1
APC APCRBC118 7A1749L47875 N/A Back-up Battery 1
APC APCRBC118 7A1749L47885 N/A Back-up Battery 1
Fortinet FortiGate 310B FG300B3908601960 0812 Fortigate 1 Ergotron N/A N/A N/A Under desk keyboard tray 1
Hewlett-Packard 131A N/A N/A HP LaserJet 131A Toner Catridge 1 Hewlett-Packard 414A N/A N/A HP LaserJet Pro Toner Catridge 1 RICOH Magenta N/A N/A Print Catridge Magenta IM C6000 1 RICOH Yellow N/A N/A Printer Catridge Yellow IM C6000 1 RICOH Black N/A N/A Printer Catridge Black IM C6000 1
RICOH Cyan N/A N/A Printer Cartidge Cyan IM C6000 1
N/A N/A N/A N/A Network Rack Rail 1
Vizio E321VL LATKHLQN1920536 N/A Television 1
Magnavox 32MF301B/F7 DS6A1229206886 N/A Television 1
Vizio Vizio L37 HDTV AHLGABAF440529 N/A HD Television 1 HP N/A N/A N/A HP Latptop Bag 1
HP LA2405wg CN41450LVT N/A HP LA2405wg Monitor 1
HP LA2405wg CN41450LT3 N/A HP LA2405wg Monitor 1
Shure N/A N/A N/A Shure Microphone Case 1
Samson Receiver Model UR1 57U203571 N/A Microphone Receiver 1 Shure SM57 N/A N/A Wired Microphone 1
APC SURTA3000XL JS0726008697 N/A Server back-up battery 1 APC SYA16K16P QD0650352558 0776 PD back-up battery 1
Dell 1905FP CN-OT6116-71618-4CL-AGRU N/A Dell flat panel monitor 1 T-Mobile Franklin T9 Wireless PTL31093409 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTK8150254 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTK8135792 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTK8145301 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTK8141166 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTK8152195 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTK9167769 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTK9155821 N/A Mobile Hotspot 1 T-Mobile Franklin T9 Wireless PTL31086722 N/A Mobile Hotspot 1 Samsung GT-P5113TS R22CC053LQP 0015 Tablet 1
Samsung GT-P5113TS R22CC053ZBR 0019 Tablet 1
APC APCRBC118 Various N/A Battery Cartridge 13
N/A N/A N/A N/A 3-tier black cart 1
N/A N/A N/A 00000728 Bingo Machine & Board 1
Nintendo Midway Cruis'n USA N/A N/A Arcade Game 1
Nintendo Midway Open Ice NHLPA N/A 00000200 Arcade Game 1

Item #26.A.

Date: December 11, 2024
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Mayor's Appointments of Delegates and Alternates City Manager's Recommendation:

Adopt Resolution No. 2024-106-3583 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING DELEGATES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY" reading by title only and waiving further reading thereof.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager

Background and Analysis:

The Mayor, at the beginning of his/her term, makes appointments to various organizations. Some of these organizations require formal action by the Council in the form of a resolution. Rather than prepare several resolutions, staff has incorporated all appointments into one resolution for Council adoption.

Attached is a brief summary relating to the individual organizations and the current list of delegates and alternates, as appointed in 2023.

Fiscal Impact:

There is no fiscal impact associated with this action.

Attachments:

1. Proposed Resolution No. 2024-106-3583 Mayor's Appointments of Delegates and Alternates

2. Resolution No. 2023-82-3460

3. Organization Summaries

Resolution No. 2024-106-3583

RESOLUTION NO. 2024-106-3583

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE

APPOINTING DELEGATES AND ALTERNATES

AS OFFICIAL REPRESENTATIVES OF THE CITY
The City Council of the City of Irwindale, California, does hereby resolve as follows:

Section 1. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the CALIFORNIA CONTRACT CITIES ASSOCIATION for the term indicated:

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25
Section 2. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the LEAGUE OF CALIFORNIA CITIES, LOS ANGELES COUNTY CHAPTER for the term indicated (Mayor attends the City Selection Committee meeting to vote and is the delegate):

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25
Section 3. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY for the term indicated:

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25
Section 4. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the FOOTHILL TRANSIT ZONE: for the term indicated:

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25
Section 5. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the INDEPENDENT CITIES ASSOCIATION for the term indicated:

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25

Resolution No. 2024-106-3583

Section 6. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the BOARD OF DIRECTORS OF SANITATION DISTRICTS 15 AND 22 OF LOS ANGELES COUNTY for the term indicated (Mayor is automatically a Director/Delegate):

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25
Section 7. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS for the term indicated:

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25
Section 8. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the GOLD LINE PHASE II CONSTRUCTION AUTHORITY for the term indicated:

1. DELEGATE: 12-31-25

2. ALTERNATE: 12-31-25
Section 9. The City Council of the City of Irwindale does hereby appoint the following persons as delegate and alternate members of the SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS for the term indicated:

1. DELEGATE 12-31-25

2. ALTERNATE 12-31-25
Section 10. The City Council of the City of Irwindale does hereby appoint the following person as delegate of the SAN GABRIEL VALLEY MOSQUITO & VECTOR CONTROL DISTRICT for the term indicated:

1. DELEGATE: (2 year term) 12-31-26
OR
(4 year term) 12-31-28

Section 11. This Resolution supersedes and replaces prior resolutions making Council appointments to the foregoing boards, committees and bodies.

Section 12. All appointments are effective beginning January 1, 2025 through December 31, 2025, unless otherwise stated.