Irwindale City Council
January 8, 2025

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

NOTICE AND AGENDA FOR THE SPECIAL AND

REGULAR MEETING OF THE

CITY COUNCIL

SUCCESSOR AGENCY TO THE

IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

HOUSING AUTHORITY
January 8, 2025
SPECIAL MEETING – 5:00 PM
REGULAR MEETING – 6:00 PM
LARRY G. BURROLA - Mayor
H. MANUEL ORTIZ - Mayor Pro Tem
ALBERT F. AMBRIZ - Councilmember
MARK A. BRECEDA - Councilmember
MANUEL R. GARCIA - Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.

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

January 8, 2025

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

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

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

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

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

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

January 8, 2025

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

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

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

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

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

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

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

Irwindale City Council

January 8, 2025

SPECIAL MEETING

1. CALL TO ORDER

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

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

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

5. RECESS TO CLOSED SESSION
A. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16249 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: Dynasty Realty / The Bravo Group
Under Negotiation: Price and terms of payment
Property: 14905 Los Angeles Street, Irwindale CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
Property: 16359 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager
Negotiating Parties: 39 Dalton Financial Ltd. Partnership Under Negotiation: Price and terms of payment
B. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation
[Pursuant to Government Code section 54956.9 (d)(2), (e)(1)] A point has been reached where, in the opinion of the City Council, upon the advice of its legal counsel based on existing facts and circumstances, that there is a significant exposure to litigation against the City. The facts and circumstances are those that might result in litigation against the City but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be discussed.

January 8, 2025

C. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation
Pursuant to Government Code Sections 54954.5, 54956.9 (d)(4) Number of Cases: 1

6. RECONVENE IN OPEN SESSION

7. REPORT FROM CLOSED SESSION

8. ADJOURNMENT

REGULAR MEETING

9. CALL TO ORDER

10. PLEDGE OF ALLEGIANCE

11. INVOCATION

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

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

14. CHANGES TO THE AGENDA

15. COUNCIL MEMBER TRAVEL REPORTS

16. COUNCILMEMBER COMMENTS

17. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS
A. Introduction of Communications and Records Supervisor Norma Ortiz

18. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Administration of Oaths of Office to Incoming City Commissioners

19. CONSENT CALENDAR
A. Approve the Minutes of the Special Meeting held December 11, 2024, Special Joint Meeting held December 11, 2024, Regular Meeting Held December 11, 2024, and Special Meeting held December 19, 2024

January 8, 2025

Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
C. Contract Amendment No. 3 - Interwest Consulting Group Department: Community Development
Recommendation:

1. Approve the attached contract Amendment No. 3 with Interwest Consulting Group for the preparation of the Comprehensive Zoning Ordinance Update, subject to City Attorney approval as to form; and

2. Adopt the attached Resolution No. 2024-93-3570, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, APPROVING AMENDMENT NO. 3 WITH INTERWEST

CONSULTING GROUP, AND APPROVING AN APPROPRIATION OF ADDITIONAL FUNDING FOR THE COMPREHENSIVE ZONING ORDINANCE UPDATE.”
D. Approve Purchase of Police Vehicle with Federal Asset Forfeiture Funds and Appropriate Funds for Such Use
Department: Police
Recommendation: That the City Council approve the bid submitted by Sierra Auto Group for the purchase of one new vehicle to be used for Police Department operations in the amount of $38,046.14 and adopt Resolution #2025-08-3596 regarding the appropriation of Asset Forfeiture funds for the purpose of the proposed vehicle purchase.

E. Receive and Appropriate Grant Funds from the State of California Board of State and Community Corrections' Byrne State Crisis Intervention Program
Department: Police
Recommendation: Adopt Resolution No. 2025- entitled, "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING STATE GRANT FUNDS FOR USE BY THE POLICE DEPARTMENT", subject to City Attorney approval as to form.

F. City Manager Employment Agreement Amendment
Department: City Attorney

January 8, 2025

Recommendation: That the City Council adopt Resolution No. 2025-09-3597, approving the attached Second Amendment to the City Manager’s employment agreement, subject to City Attorney approval as to form; or provide alternative direction to staff regarding the attached employment agreement amendment.

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

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

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

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

21. NEW BUSINESS

January 8, 2025

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

A. Consideration of Appointment of ICF Boardmember
Department: City Clerk
Recommendation: Adopt Resolution No. 2025-10-3598 entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPOINTING ONE RESIDENT REPRESENTATIVE MEMBER TO THE IRWINDALE COMMUNITY FOUNDATION FOR A TERM EXPIRING JUNE 30, 2026".

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

A. Irwindale Gateway Specific Plan
Department: Community Development
Recommendation:

City Manager’s Recommendation : That the City Council consider the Planning Commission’s Resolutions Nos. 834(24), 835(24), 836(24), 837(24), and 838(24) recommending the City Council certify the FEIR and approve the proposed Irwindale Gateway Specific Plan and associated entitlements; and:

1. Adopt Resolution No. 2025-01-3589, entitled “A RESOLUTION OF THE city council of the CITY OF IRWINDALE (1) CERTIFYing THE ENVIRONMENTAL IMPACT REPORT, STATE CLEARING HOUSE (SCH# 2023020290); (2) ADOPTing THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (3) ADOPTing THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM; AND (4) ADOPTing A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE IRWINDALE GATEWAY SPECIFIC PLAN”;

2. Adopt Resolution No. 2025-02-3590, entitled “A RESOLUTION OF THE city council OF THE CITY OF IRWINDALE AMENDing THE COMMUNITY DEVELOPMENT ELEMENT AND LAND USE PLAN MAP OF THE CITY’S GENERAL PLAN (GPA NO. 02- 2022) FROM REGIONAL COMMERCIAL TO SPECIFIC PLAN FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNs: 8532-002-046 AND 8532-002-047) AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF”;

3. Direct the City Attorney to Read the title of the ordinance, waive further reading of the ordinance, and introduce for first reading Ordinance No. 787, entitled “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ADOPTING ZONE ORDINANCE AMENDMENT NO. 02-2023 to add Irwindale gateway SPECIFIC PLAN to title 17 of the irwindale municipal code (IMC), DEFINING permitted uses, regulating the sizes and locations of buildings, specifying design GUIDELINES and development standards, addressing mobility and connectivity topics, identifying project infrastructure and services, and providing administrative and implementation language for property located at 13620 live oak lane, Irwindale, ca (APNs: 8532-002-046 AND 8532-

January 8, 2025

002-047) AND FINDING THE PROJECT CONSISTENT WITH THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)”;

4. Direct the City Attorney to Read the title of the ordinance, waive further reading of the ordinance, and introduce for first reading Ordinance No. 788, entitled “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE MODIFYING THE CITY OF IRWINDALE ZONING MAP (ZONE CHANGE NO. 02-2022) FROM M-2 (HEAVY MANUFACTURING) TO IRWINDALE GATEWAY SPECIFIC PLAN for property located at 13620 LIVE OAK LANE, IRWINDALE, CA (APNs: 8532-002-046 AND 8532-002-047)

AND FINDING THE PROJECT CONSISTENT WITH THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (SCH# 2023020290)”; and

5. Adopt Resolution No. 2025-05-3593, entitled “A RESOLUTION OF THE city council of the city of Irwindale APPROVing TENTATIVE PARCEL MAP NO. 83854 TO CREATE SEVEN (7) PARCELS FOR PROPERTY LOCATED AT 13620 LIVE OAK LANE, IRWINDALE, CA (APNS: 8532-002-046 AND 8532-002-04) in the M-2 (HEAVY Manufacturing) Zone SUBJECT TO CONDITIONS AS SET FORTH HEREIN, MAKING FINDINGS IN SUPPORT THEREOF.”
Alternative Actions:

1. Direct staff to prepare resolutions of denial based on recommended findings of fact to be brought back at the next regularly scheduled City Council meeting for adoption; OR

2. Direct staff to work with the applicant to revise the project and continue the hearing to a date certain.

B. Approval of Proposed Use of Community Development Block Grant (CDBG) Allocation for Fiscal Year (FY) 2025-2026 along with reallocation of FY 2024-2025 Project Funding previously deferred on October 9, 2024.

Department: Finance
Recommendation:

That the City Council conduct a public hearing to receive public comments on the proposed use of the CDBG allocations for FY 2025-26 along with reallocation of FY 2024-2025 project funding previously deferred on October 9, 2024. The combined amounts will provide more funding for the sidewalk and access ramp project scheduled to be completed in FY 2025-26. Following the conclusion of the public hearing, Staff recommend that the City Council:

Adopt Resolution No. 2025-06-3594, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE PROPOSED USE OF THE CITY’S FISCAL YEAR 2025-2026 LOS

ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION AND REALLOCATE FISCAL YEAR 2024-2025 FUNDING AS PREVIOUSLY APPROVED,” reading by title only and waving further reading thereof:

23. CITY MANAGER’S REPORT

January 8, 2025

24. REQUESTS FOR AGENDA ITEMS BY CITY COUNCIL
If a City Council Member is interested in a task or project, the City Council Member shall request that the item be agendized in this section.

25. ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY

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

27. CONSENT CALENDAR
A. Approve the Minutes of the Regular Meeting Held December 11, 2024 Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve

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

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

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

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

31. ADJOURN

HOUSING AUTHORITY

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

33. CONSENT CALENDAR

January 8, 2025

A. Approve the Minutes of the Regular Meeting Held December 11, 2024 Department: City Clerk
Recommendation: Approve

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

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

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

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

37. ADJOURN

AFFIDAVIT OF POSTING
I, Armando Hegdahl, Management Analyst, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency and Housing Authority, to be held on January 8, 2025, be posted at the City Hall, Library, and Post Office on January 2, 2025. ______________________
Armando Hegdahl, CMC
Management Analyst

IRWINDALE CITY COUNCIL CHAMBERS DECEMBER 11, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 4:30 P.M.

The Irwindale CITY COUNCIL met in a special meeting at the above time and place.

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

SPONTANEOUS

COMMUNICATIONS
DOLORAS AMADOR Doloras Amador stated that she ceded her speaking time to Dena Zepeda or Carmen Roman.

FRED BARBOSA Fred Barbosa asked if members of the public would be allowed to speak after the workshop, to which Mayor Ambriz stated that comments from the public would be heard after the presentation.

WORKSHOP ON

BATTERY ENERGY

STORAGE SYSTEMS
DIRECTOR SIMPSON Director Simpson introduced Craig Lewis, Executive Director of Clean Coalition, and Joshua Costello, Firefighter Specialist from LA County Fire, and Fire Prevention Division, Central Region Battalion Chief Frank Garrido.

CRAIG LEWIS Craig Lewis presented a recap of the information that was presented at the first workshop held November 13, 2024.

JOSHUA COSTELLO Joshua Costello provided an overview on how LA County Fire handles Battery Energy Storage Systems (“BESS”) projects.

Specifically, he touched on how each BESS project undergoes extensive review, including a hazard mitigation analysis that would identify potential hazards and scenarios that could arise with the project, to ensure the intended level of safety and performance per the Fire Code. He added that most systems perform as designed with only minor incidents.

MAYOR PRO TEM Mayor Pro Tem Burrola requested that Mr. Costello elaborate on BURROLA “runaway events”, to which Mr. Costello advised that such incidents would depend on the make and model of the battery cell, modules, and racks, and how they play into the specific site being considered.

He noted that thermal runaway events can begin within an individual

CITY COUNCIL MINUTES DECEMBER 11, 2024
SPECIAL MEETING PAGE 2
cell or a group of cells when two chemicals that are supposed to remain separated come into contact with one another due to a deterioration of the separator, resulting in a chemical reaction that grows and consumes chemicals within that cell, creating a great deal of heat and potential gasses. He further advised, however, that a standard for testing the level of toxicity of such events does not exist..

Responding to a follow up question from Mayor Pro Tem Burrola, Mr. Garrido advised that that BESS project could pose extreme fire potential, which would be difficult to put out. He advised that exposure sprays are set up to cover the container, allowing it to go through a process of thermal runaway and burn itself out.

Hazardous gasses would be considered poisonous in large quantities, which is why many of these types of projects are unmanned. He further advised that response times to these types of fires are generally three to five minutes from the closes fire station, similar to the response time for EMS.

COUNCILMEMBER Councilmember Ortiz asked about the resulting effects on air quality, ORTIZ to which Mr. Garrido advised that the containers are designed to explode to relieve pressure, requiring the same type of Fire Dept. response as a commercial building fire, prompting evacuation of residents.

CRAIG LEWIS Craig Lewis stated that he has participated in a meeting of the Los Angeles County Board of Supervisors along with Los Angeles County Fire Chief Marrone, where the Chief spoke about battery safety. He noted that multiple projects have already been deployed in the County with zero issues and noted that the Chief is very comfortable with the prepared emergency plans. He acknowledged an explosion at Otay but noted that the Otay project was made using a very old design, which caused gasses to accumulate, resulting in an explosion. Modern systems, however, are built differently whereby they vent directly to the air. He added that such sites would not typically explode; rather, they would vent and melt down in place.

CHIEF GARRIDO Chief Garrido noted that he is in support of such a project and noted the Fire Department’s goal to maximize safety.

MAYOR PRO TEM Mayor Pro Tem Burrola asked about the size of containers and BURROLA batteries, to which Mr. Lewis advised that battery containers could be as large as cargo containers or as small as 1.5 inches in diameter. A BESS such as the one being spoken about would contain tens of containers lined up with 8-foot spacing; the spacing of which is set to minimize any meltdown from one container jumping to another.

CITY COUNCIL MINUTES DECEMBER 11, 2024
SPECIAL MEETING PAGE 3
Mayor Pro Tem Burrola also asked about the number of BESS facilities in California, to which Mr. Lewis advised that dozens have already been deployed, with many dozes in the process of being deployed. Multiple BESS projects have been created in Los Angeles County, some of which have operated for years. Another is coming to Acton, CA.

CHIEF GARRIDO Chief Garrido added that there is another one in unincorporated Los Angeles above Monterey Park and another in Santa Clarita. He added that one rack could contain up to a thousand batteries, and there could be 16 racks in one container.

DENA ZEPEDA Dena Zepeda spoke against this type of project, citing environmental contamination concerns and the potential need to evacuate residents, to which Chief Garrido concurred that evacuations would sometimes require moving individuals to a shelter. He noted, however, that cities typically have facilities that could be turned into temporary shelters. He advised that the Fire Department does all it could to pass precautionary measures for the safety of all those concerned and added that the Fire Department is ready to handle these types of incidents.

Dena Zepeda stated that she has an article about an incident that occurred five years ago in Los Angeles where the site is still contaminating water. She requested that the Council consider that no residents have spoken in support of such a project.

CARMEN ROMAN Responding to a question by Carmen Roman, Chief Garrido advised that BESS fires would be categorized the same as house fires. He noted that the containers are designed to vent product outside and, since it is lighter than air, it will rise and evaporate, diluting itself and creating a less-dangerous situation. He further advised that fire crews learned from the situation at Otay and has determined new tactics to combat fire through the experience.

Carmen Roman voiced concern over the potential hazards for such a project, to which Chief Garrido acknowledged that the technology is new for the CA area, though it has been used elsewhere, such as for residential solar battery storage systems. Mrs. Roman also asked where residents would be evacuated to, should it be necessary, to which Chief Garrido advised that part of evacuation procedures may include sheltering in place. Mrs. Roman also asked whether a fund would be set up in case the project causes any harm or injury.

MAYOR AMBRIZ Mayor Ambriz stated at this point that the workshop would be continued to a future date since the Council must move on to its regular meeting.

CITY COUNCIL MINUTES DECEMBER 11, 2024
SPECIAL MEETING PAGE 4
COUNCILMEMBER Responding to a question by Councilmember Ortiz, Director ORTIZ Simpson advised that staff could gather information from other cities that already have this type of project completed for presentation to the Council.

CRAIG LEWIS Craig Lewis stated that Clean Coalition has been involved in a couple of battery projects in Santa Barbara County and would provide information to staff.

MARGUERITE LOPEZ Responding to a question by Marguerite Lopez, City Attorney Guerra encouraged her to speak to Director Simpson. He also advised that this meeting was merely a workshop and did not apply to any specific project.

JAMES HUNLEY James Hunley stated that he objected.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 5:29 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS DECEMBER 11, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:29 P.M.

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

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

SPONTANEOUS

COMMUNICATIONS
DENA ZEPEDA Dena Zepeda requested to be allowed to speak for as long a those making presentations to the Council.

JAMES HUNLEY James Hunley made allegations of toxic sites within the city’s boundaries and stated that individuals are not ready for electric vehicles since they may cause their garages to catch fire.

FRED BARBOSA Fred Barbosa stated that he was not comfortable with allowing fires at battery energy storage facilities to burn out and rather suggested extinguishing fires using “thermal blankets with moisturized sand”.

SUZANNE GOMEZ Suzanne Gomez suggested that the Council honor the city’s forefathers and suggested that the battery energy storage facility may be one project the Council should pass up.

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

ITEM NO. 5A REQUEST TO APPROVE AMENDMENT NO. 1 TO THE AMENDED

REQUEST TO AND RESTATED MEMORANDUM OF UNDERSTANDING (MOU) APPROVE AMEND. BETWEEN THE CITY OF IRWINDALE AND THE CITY OF AZUSA NO. 1 TO THE FOR THE DEVELOPMENT OF THE CITY OF IRWINDALE-OWNED

AMENDED AND NORTH KINCAID PIT, WHICH IS LOCATED WITHIN THE RESTATED MOU BOUNDARIES OF BOTH JURISDICTIONS (APNS: 8616-022-905, BETWEEN THE CITY 8616-022-906 & 8616-001-270)

OF IRWINDALE AND
THE CITY OF AZUSA The Amended and Restated Memorandum of Understanding between the City of Irwindale and the City of Azusa for the development of the City of Irwindale – owned North Kincaid Pit, which

CC / HA MINUTES DECEMBER 11, 2024
SPECIAL MEETING PAGE 2
is located within the boundaries of both jurisdictions, was approved, and the City Manager was authorized to execute the amended and restated Memorandum of Understanding, in a form acceptable to the City Attorney, on behalf of the City.

RECESS TO At 5:37p.m., the City Council met in Closed Session to discuss the CLOSED SESSION following:

Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957
Title: City Manager
ACTION: Evaluation performed, discussion held, direction provided; no reportable action.

Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 14905 Los Angeles Street, Irwindale CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
ACTION: Update provided; direction provided to staff; no reportable action.

Property: 5059 Allen Drive (APN 8417-030-004)
Agency Negotiator: Theresa Olivares, Assistant City Manager Negotiating Parties: HH and TJY Investment Company
Under Negotiation: Price and terms
ACTION: Discussed, update provided; direction provided to staff (Councilmember Breceda abstained and did not participate in the discussion due to a potential conflict of interest).

RECONVENE IN At 6:08 p.m., the City Council reconvened in Open Session.

OPEN SESSION
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 6:31 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS DECEMBER 11, 2024
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:31 P.M.

The Irwindale CITY COUNCIL met in regular session at the above time and place.

ROLL CALL: Present: Councilmembers Mark A. Breceda, Manuel R. Garcia, H. Manuel Ortiz; Mayor Pro Tem Larry G. Burrola;
Mayor Albert F. Ambriz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.

CHANGES TO THE
AGENDA
CITY MANAGER City Manager Miranda corrected the fiscal impact section of Item 24H, MIRANDA corrected an amount shown in the resolution for Item 24K and noted that the plan for ARPA funding was amended and has been placed at the dais for Council review.

COUNCILMEMBER
TRAVEL REPORTS None.

COUNCILMEMBER

COMMENTS
MAYOR PRO TEM Mayor Pro Tem Burrola commended Recreation Manager Zepeda BURROLA and her staff for working hard to ensure the success of the recent Christmas Spectacular event. He added that it was a joy to meet Congressman-elect Gil Cisneros.

COUNCILMEMBER Councilmember Ortiz, speaking on behalf of Our Lady of Guadalupe ORTIZ Catholic Church, thanked city staff, particularly those in the Police Department, for their assistance with the event and procession held over the weekend. He also thanked Athens for their donation of waste containers to the church.

MAYOR AMBRIZ Mayor Ambriz spoke highly of the Christmas Spectacular event as well as the activities held during the weekend by Our Lady of Guadalupe Catholic Church.

DECLARING RESULTS
OF NOVEMBER 5, 2024

ELECTION

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 2
ITEM NO. 17A DECLARING RESULTS OF NOVEMBER 5, 2024, ELECTION

DECLARING RESULTS
OF NOVEMBER 5, 2024,

ELECTION
CHIEF DEPUTY CITY Chief Deputy City Clerk Nieto presented the staff report.

CLERK NIETO
RESOLUTION NO. Resolution No. 2024-107-3584, entitled:
2024-107-3584
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, CALIFORNIA, RECITING THE FACT OF THE

CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 5, 2024, ACCEPTING THE OFFICIAL CANVASS AND

OFFICIAL STATEMENT OF VOTES CAST FROM THE COUNT Y
OF LOS ANGELES REGISTRAR RECORDER’S OFFICE, AND

DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW,” was adopted, on the motion of Councilmember Garcia, seconded by Councilmember Breceda, and unanimously approved.

ADMINISTRATION OF The administration of oaths of office to Mark A. Breceda, Larry G.

OATHS OF OFFICE TO Burrola, and Manuel R. Garcia, were conducted.

MARK A. BRECEDA,
LARRY G. BURROLA,
AND MANUEL R.

GARCIA
COUNCILMEMBER Councilmember Ortiz congratulated Mayor Pro Tem Burrola and ORTIZ Councilmembers Breceda and Garcia on their reelections.

MAYOR AMBRIZ Mayor Ambriz echoed Councilmember Ortiz’s statement.

COUNCILMEMBER Councilmember Breceda thanked his supporters for electing him to a BRECEDA 7th term. He also acknowledged West Covina Councilmember Brian Gutierrez, who was in the audience, and congratulated
Councilmember Garcia and Mayor Pro Tem Burrola on their reelections.

COUNCILMEMBER Councilmember Garcia thanked all his supporters.

GARCIA
MAYOR PRO TEM Mayor Pro Tem Burrola thanked his wife and supporters, and BURROLA congratulated Councilmembers Breceda and Garcia on their reelections.

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 3

REORGANIZATION

OF THE CITY COUNCIL
CHIEF DEPUTY CITY Chief Deputy City Clerk Nieto presented the staff report and invited CLERK NIETO nominations for Mayor.

COUNCILMEMBER Councilmember Garcia nominated Councilmember Breceda.

GARCIA
COUNCILMEMBER Councilmember Ortiz nominated Councilmember Burrola.

ORTIZ
ROLL CALL There being no further nominations, Chief Deputy City Clerk Nieto closed nominations and conducted roll call on the nominations based in the order in which they were received. The nomination of Councilmember Breceda failed with Councilmembers Breceda and Garcia in favor; all others opposed. The nomination of
Councilmember Burrola was successful, with Councilmembers Breceda and Garcia opposed, all others in favor.

COUNCILMEMBER Councilmember Ambriz stated that it was an honor to serve as Mayor AMBRIZ for the past year and thanked staff for their assistance.

MAYOR BURROLA Mayor Burrola invited nominations for Mayor Pro Tem.

COUNCILMEMBER Councilmember Ambriz nominated Councilmember Ortiz.

AMBRIZ
ROLL CALL There being no further nominations, Mayor Burrola closed nominations, and, on roll call vote, Councilmember Ortiz was unanimously appointed to Mayor Pro Tem.

ROLL CALL OF

NEWLY SEATED
CITY COUNCIL The roll call was conducted.

INTRODUCTION OF

NEW EMPLOYEES /
PROMOTIONS None.

PROCLAMATIONS /

PRESENTATIONS /

COMMENDATIONS
ITEM NO. 23A FAREWELL MESSAGE FROM U.S. CONGRESSWOMAN GRACE

FAREWELL MESSAGE NAPOLITANO
FROM U.S. CONGRESSWOMAN GRACE A video containing Congresswoman Grace Napolitano’s farewell NAPOLITANO message was played.

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 4

CONSENT CALENDAR
MOTION A motion was made by Councilmember Ambriz, seconded by Mayor Pro Tem Ortiz, to approve the Consent Calendar; The motion was unanimously approved; Councilmembers Breceda and Garcia abstaining on Item Nos. 24H, 24P, and 24Q due to potential conflicts of interest.

ITEM NO. 24A APPROVE THE MINUTES OF THE SPECIAL / REGULAR / JOINT APPROVE THE MEETINGS HELD OCTOBER 23, 2024, OCTOBER 30, 2024, AND MINUTES OF THE NOVEMBER 13, 2024

SPECIAL / REGULAR /
JOINT MEETINGS The minutes of the special / regular / joint meetings held October 23, HELD OCTOBER 23, 2024, October 30, 2024, and November 13, 2024, were approved as 2024, OCTOBER 30, presented.
2024, AND
NOVEMBER 13, 2024
ITEM NO. 24B WARRANTS / DEMANDS / PAYROLL

WARRANTS /
DEMANDS / The warrants / demands / payroll were approved.

PAYROLL
ITEM NO. 24C APPROVAL OF THE 2025 LOCAL APPOINTMENTS LIST

APPROVAL OF THE
2025 LOCAL

APPOINTMENTS LIST
RESOLUTION NO. Resolution No. 2024-89-3566, entitled:
2024-89-3566
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE, STATE OF CALIFORNIA, REGARDING THE
PREPARATION OF THE 2025 LOCAL APPOINTMENTS LIST AND
POSTING OF THE SAME,” was adopted.

ITEM NO. 24D DEVELOPMENT IMPACT FEE COMPLIANCE REPORT
DEVELOPMENT REQUIRED PURSUANT TO GOVERNMENT CODE § 66006

IMPACT FEE
COMPLIANCE REPORT The City Council received, reviewed, and filed the Development REQUIRED PURSUANT Impact Fee Compliance Report for Fiscal Year ending June 30, 2024.

TO GOVERNMENT
CODE § 66006
ITEM NO. 24E AWARD A PROFESSIONAL SERVICES AGREEMENT TO

AWARD A WILLDAN FINANCIAL SERVICES FOR DEVELOPMENT IMPACT

PROFESSIONAL FEE STUDY UPDATE
SERVICES AGMT. TO
WILLDAN FINANCIAL The City Council authorized the City Manager to enter into a SERVICES FOR contract with Willdan Financial Services for a Development Impact DEVELOPMENT Fee Study Update for an amount not to exceed $65,520.

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 5

IMPACT FEE STUDY
UPDATE
ITEM NO. 24F AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT AMENDMENT NO. 1 WITH PLANETBIDS, INC. FOR ELECTRONIC PROCUREMENT

TO CONTRACT SOFTWARE SYSTEM SERVICES
SERVICES AGMT. WITH
PLANETBIDS, INC. FOR The City Council approved Amendment No. 1 to the Contract ELECTRONIC Services Agreement with PlanetBids, Inc. for Electronic Procurement PROCUREMENT (eProcurement) Software System Services, and the City Manager SOFTWARE SYSTEM was authorized to enter into Amendment No. 1 to the Contract SERVICES Services Agreement with PlanetBids, Inc., subject to City Attorney approval as to form.

ITEM NO. 24G SECOND READING OF ORDINANCE NO. 781 ESTABLISHING A

SECOND READING OF SUPPLEMENTAL TRANSACTIONS AND USE TAX ORDINANCE, ORDINANCE NO 781, ADOPTION OF RESOLUTION NO. 2024-99-3576 APPROVING

ADOPTION OF ADMINISTRATIVE AGREEMENTS WITH THE CALIFORNIA RESOLUTION NOS. DEPARTMENT OF TAX AND FEE ADMINISTRATION, AND 2024-99-3576 AND RESOLUTION NO. 2024-100-3577 AUTHORIZING THE 2024-100-3577 EXAMINATION OF TRANSACTIONS AND USE TAX RECORDS,

AND APPROVING PROFESSIONAL SERVICES AGREMENT WITH

HINTERLITER, DE LLAMAS AND ASSOCIATES
ORDINANCE NO. 781 Ordinance No. 781, entitled:

ADOPTED ON
SECOND READING “AN ORDINANCE OF THE PEOPLE OF THE CITY OF IRWINDALE, CALIFORNIA, ADDING CHAPTER 3.58 TO TITLE 3 OF THE

IRWINDALE MUNICIPAL CODE TO ENACT A SUPPLEMENTAL

TRANSACTIONS AND USE TAX (SALES TAX) AT A RATE OF
ONE-QUARTER OF A PERCENT (1/4%), EFFECTIVE AFTER LOS

ANGELES COUNTY MEASURE H EXPIRES OR REPEALS, TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION,” was passed, approved, and adopted on second reading, reading by title only and waiving further reading thereof, and
RESOLUTION NO. Resolution No. 2024-99-3576, entitled:
2024-99-3576
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION TO ADMINISTER AND OPERATE
THE CITY’S SUPPLEMENTAL TRANSACTIONS AND USE
(SALES) TAX,” was adopted, and
RESOLUTION NO. Resolution No. 2024-100-3577, entitled:
2024-100-3577
ADOPTED “A RESOLUTION OF TRHE CITY COUNCIL OF THE CITY OF

IRWINDALE DESIGNATING AND AUTHORIZING CERTAIN CITY

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 6
EMPLOYEES TO REVIEW AND EXAMINE THE CITY’S

TRANSACTIONS AND USE TAX RECORDS OF THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION,” was
adopted.

ITEM NO. 24H AMENDMENT TO POST OFFICE LEASE

AMENDMENT TO
POST OFFICE LEASE The City Council approved the Amendment to the Lease between the City of Irwindale and the United States Postal Service for the extension of the lease of the post office site located at 16025 Calle del Norte, Irwindale, and the City Manager was authorized to enter into a lease renewal agreement with the United States Post Office and broker agreement with Jones, Lang Lasalle Americas, Inc., subject to City Attorney approval as to form; Councilmembers Breceda and Garcia abstaining.

ITEM NO. 24I UPDATE AND EXPENDITURE PLAN FOR USE OF THE

UPDATE AND REMAINING AMERICAN RESCUE PLAN ACT (ARPA) FUNDING

EXPENDITURE PLAN
FOR USE OF THE The City Council received an update regarding the American Rescue REMAINING ARPA Plan Act (ARPA) and
FUNDS
RESOLUTION NO. Resolution No. 2024-108-3585, entitled:
2024-108-3585
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDINGF THE FY 2024-2025 OPERATING

BUDGET AND APPROPRIATING AMERICAN RESCUE PLAN ACT
(ARPA) FUNDS FOR VARIOUS CITY NEEDS,” was adopted.

ITEM NO. 24J APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE APPROVAL OF MOU IRWINDALE POLICE OFFICERS’ ASSOCIATION (IPOA)

WITH THE IRWINDALE
POLICE OFFICERS’ The Memorandum of Understanding by and between the City of ASSOC. (IPOA) Irwindale and the Irwindale Police Officers’ Association July 1, 2024 – June 30, 2027, was approved.

ITEM NO. 24K AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT AMENDMENT NO. 1 WITH NORMAN A. TRAUB ASSOCIATES LLC FOR PERSONNEL

TO CONTRACT INVESTIGATIVE SERVICES AND RELATED BUDGET
SERVICES AGMT. APPROPRIATION
WITH NORMAL A. TRAUB

ASSOCIATES LLC FOR

PERSONNEL

INVESTIGATIVE

SERVICES AND

RELATED BUDGET

APPROPRIATION

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 7
RESOLUTION NO. Resolution No. 2024-101-3578, entitled:
2024-101-3578
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AUTHORIZING THE APPROPRIATION OF FIFTYFIVE THOUSAND DOLLARS ($55,000.00) FROM GENERAL FUND

RESERVES FOR PERSONNEL INVESTIGATIVE SERVICES
BETWEEN THE CITY OF IRWINDALE AND NORMAL A. TRAUB
ASSOCIATES LLC” was adopted, and Amendment No. 1 to Contract Services Agreement with Norman A. Traub LLC, was approved.

ITEM NO. 24L CONTRACT AMENDMENT NO. 3 WITH LSA
CONTRACT AMEND.

NO. 3 WITH LSCA 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, was approved.

ITEM NO. 24M CONTRACT AMENDMENT NO. 2 – ENVIRONMENTAL SCIENCE CONTRACT AMEND. ASSOCIATES (ESA)
NO 2 – ENVIRONMENTAL
SCIENCE ASSOCIATES 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, was approved, and
RESOLUTION NO. Resolution No. 2024-103-3580, entitled:
2024-103-3580
ADOPTED “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 T HE PROFESSIONAL CONSULTING

CONTRACT WITH ENVIRIONMENTAL 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,” was adopted.

ITEM NO. 24N SECOND READING – ORDINANCE NO. 790 TO ADD CHAPTER SECOND READING - 9.68 OF TITLE 9 TO THE IRWINDALE MUNICIPAL CODE ORDINANCE NO. 790
TO ADD CHAPTER 9.68
OF TITLE 9 TO THE

IRWINDALE MUNICIPAL
CODE

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 8
ORDINANCE NO. 790 Ordinance No. 790, entitled:

ADOPTED ON
SECOND READING “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,” was
passed, approved, and adopted on second reading, reading by title only and waiving further reading thereof.

ITEM NO. 24O SECOND READING – ORDINANCE NO. 791 TO ADD CHAPTER SECOND READING - 9.72 OF TITLE 9 TO THE IRWINDALE MUNICIPAL CODE ORDINANCE NO. 791
TO ADD CHAPTER 9.72
OF TITLE 9 TO THE

IRWINDALE MUNICIPAL
CODE
ORDINANCE NO. 791 Ordinance No. 791, entitled:

ADOPTED ON
SECOND READING “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWIDNALE 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,” was passed, approved, and adopted on second reading, reading by title only and waiving further reading thereof.

ITEM NO. 24P APPROVAL OF CONSTRUCTION CHANGE ORDERS FOR THE APPROVAL OF AQUATIC CENTER SWIMMING POOL RENOVATION PROJECT; CONSTRUCTION P-1062

CHANGE ORDERS

FOR THE AQUATIC

CENTER SWIMMING

POOL RENOVATION

PROJECT
RESOLUTION NO. Resolution No. 2024-11-3588, entitled:
2024-11-3588
ADOPTED “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 CENGTER
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

UNFORSEEABLE CONDITIONS THAT MAY ARISE DURING
CONSTRUCTION,” was adopted; Councilmembers Breceda and
Garcia abstaining.

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 9
ITEM NO. 24Q ACCEPTANCE OF THE CONSTRUCTION OF THE IRWINDALE ACCEPTANCE OF THE PARK IMPROVEMENTS PROJECT PHASES IV & V – P-1011

CONSTRUCTION OF
THE IRWINDALE PARK The changes to the original scope of work were ratified and the IMPROVEMENTS improvements and maintenance responsibilities for the constructed PROJECT PHASES improvements for the Irwindale Park Improvements Project Phase IV IV & V and V were accepted, the final construction project amount of $5,940,342.54 was approved, and:

RESOLUTION NO. Resolution No. 2024-110-3587, entitled:
2024-110-3587
ADOPTED “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 AND V; P-1011,” was
adopted; Councilmembers Breceda and Garcia abstaining.

ITEM NO. 24R DECLARATION OF SURPLUS EQUIPMENT

DECLARATION OF
SURPLUS EQUIPMENT The Declaration of Surplus Equipment was received and filed.

END OF CONSENT CALENDAR
RECESS At 7:06 p.m., the Council took a short recess.

RECONVENE At 7:11 p.m., the Council reconvened in Open Session with all members present.

SPONTANEOUS

COMMUNICATIONS
DENA ZEPEDA Dena Zepeda congratulated Mayor Burrola and Councilmembers Breceda and Garcia on their reelections and thanked the Recreation, Senior Center, Public Works Services for their hard work and collaboration in the amazing programs the City offers residents and spoke highly of the new City Hall Office Specialist Sasha Fuentes.

ABEL CASANOVA Abel Casanova, Field Representative for Assemblywoman Blanca Rubio, congratulated the reelected Councilmembers and recognized Councilmember Ambriz for his service as Mayor.

BRIAN GUTIERREZ Brian Gutierrez, Councilmember of the City of West Covina, presented certificates to the reelected Councilmembers.

ANONYMOUS An email submitted by an anonymous individual was read into the record wherein he congratulated Norma Ortiz for her promotion to Police Communications and Records Supervisor.

TERESA ORTIZ Teresa Ortiz congratulated the reelected Councilmembers, praised Marguerite Lopez for her efforts to become elected, and spoke in favor of pay raises for members of the Police Department.

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 10

NEW BUSINESS
ITEM NO. 26A MAYOR’S APPOINTMENTS OF DELEGATES AND ALTERNATES MAYOR’S

APPOINTMENTS OF

DELEGATES AND

ALTERNATES
CITY MANAGER City Manager Miranda presented the staff report.

MIRANDA
RESOLUTION NO. Resolution No. 2024-106-3583, entitled:
2024-106-3583
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPOINTING DELEGATES AND ALTERNATES AS
OFFICIAL REPRESENTATIVES OF THE CITY,” was adopted on the motion of Councilmember Breceda, seconded by Councilmember Garcia, and unanimously approved.

ITEM NO. 26B APPOINTMENT OF PARKS & RECREATION COMMISSIONERS

APPOINTMENT OF

PARKS & RECREATION

COMMISSIONERS
CITY MANAGER City Manager Miranda presented the staff report.

MIRANDA
MAYOR BURROLA Mayor Burrola nominated Paula Fraijo to the Parks & Recreation Commission. The nomination was unanimously approved on Roll Call vote.

Mayor Burrola then nominated Nathan Romero to the Parks & Recreation Commission. The nomination was successful with all Councilmembers voting in favor, except for Councilmember Breceda, who opposed.

RESOLUTION NO. Resolution No. 2024-104-3581, entitled:
2024-104-3581
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING TWO (2) MEMBERS TO THE PARKS
AND RECREATION COMMISSION OF THE CITY OF IRWINDALE,”
was adopted, thereby appointing Paula Fraijo and Nathan Romero to the Commission.

ITEM NO. 26C APPOINTMENT OF SENIOR CITIZEN COMMISSIONER

APPOINTMENT OF

SENIOR CITIZEN

COMMISSIONER

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 11
CITY MANAGER City Manager Miranda presented the staff report.

MIRANDA
MAYOR BURROLA Mayor Burrola nominated Iris Rodriguez to the Senior Citizen Commission. The nomination was unanimously approved on Roll Call vote.

Mayor Burrola then nominated Lorene Burrola to the Senior Citizen Commission. The nomination failed with Mayor Pro Tem Ortiz and Mayor Burrola voting in favor; all others opposed.

COUNCILMEMBER Councilmember Ambriz nominated Linda Marez to the Senior Citizen AMBRIZ Commission. The nomination was approved on Roll Call vote with all in favor except for Mayor Burrola, who opposed.

RESOLUTION NO. Resolution No. 2024-105-3582, entitled:
2024-105-3582
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPOINTING TWO (2) MEMBERS TO THE SENIOR

CITIZEN COMMISSION OF THE CITY OF IRWINDALE FOR
TERMS EXPIRING DECEMBER 31, 2027,” was adopted, thereby appointing Iris Rodriguez and Linda Marez to the Commission.

ITEM NO. 26D ANNUAL REPORT BY CITY OF IRWINDALE INCLUSION

ANNUAL REPORT BY SPECIALIST (VERBAL PRESENTATION)

CITY OF IRWINDALE

INCLUSION SPECIALIST
INCLUSION SPECIALIST Inclusion Specialist Luana Acuna made a PowerPoint presentation.

ACUNA
MAYOR BURROLA Mayor Burrola stated that the photos demonstrate the great need for such programs and spoke very highly of Specialist Acuna’s work.

COUNCILMEMBER Councilmember Ambriz concurred and stated that he hears only rave AMBRIZ reviews of the activities.

COUNCILMEMBER Councilmember Ortiz thanked Specialist Acuna and Recreation staff ORTIZ members who work toward arranging such wonderful programs.

PUBLIC HEARINGS None.

CITY MANAGER’S
REPORT
CITY MANAGER City Manager Miranda presented the following report:

MIRANDA
1) City offices, with the exception of the Police and Recreation Departments, will be closed from December 23 through November

5. 2) The City’s website has recently been updated.

CITY COUNCIL MINUTES DECEMBER 11, 2024
REGULAR MEETING PAGE 12
3) The City has hired Sully Miller to grind and pave the service road at Irwindale Park on December 14.
4) He also elaborated on upcoming Recreation and Senior Center events.

REQUESTS FOR

AGENDA ITEMS BY

CITY COUNCIL
COUNCILMEMBER Councilmember Ambriz requested that the 10-acre site on Allen Drive AMBRIZ be placed on the agenda for discussion as it relates to future affordable-housing programs. He also requested for staff to strategize on the financing of said program. He then requested that any future “BESS” (Battery Energy Storage Systems) meetings be scheduled by themselves and not before other Council meetings since there is much to be discussed.

CITY MANAGER City Manager Miranda stated that staff will work to schedule another MIRANDA BESS meeting as soon as possible. He added that staff is looking to hold a meeting in either January or February 2025 for the Allen Drive rezoning.

COUNCILMEMBER Councilmember Garcia requested that staff and the City Attorney GARCIA collaborate to prepare a statement to clarify the City’s position with respect to the Irwindale Speedway.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:01 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

IRWINDALE CITY COUNCIL CHAMBERS DECEMBER 19, 2024
5050 N. IRWINDALE AVENUE THURSDAY
IRWINDALE, CALIFORNIA 91706 11:30 A.M.

The Irwindale CITY COUNCIL met in a special meeting at the above time and place.

ROLL CALL: Present: Councilmembers Albert F. Ambriz, Mark A. Breceda.

Mayor Pro Tem H. Manuel Ortiz; Mayor Larry G. Burrola

Absent: Councilmember Manuel R. Garcia
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; and Laura Nieto, Chief Deputy City Clerk
AB 2449 DISCLOSURES None.

CONSENT CALENDAR
MOTION A motion was made by Councilmember Ambriz, seconded by Mayor Pro Tem Ortiz, to approve the Consent Calendar, except for Item Nos. 6A and 6F, which were removed for separate consideration. The motion was unanimously approved; Councilmember Breceda
abstaining on Item No. 6B and Councilmember Garcia absent.

ITEM NO. 6B AWARD A CONSTRUCTION CONTRACT TO LEONIDA
AWARD A BUILDERS, INC. FOR THE MORADA STREET – CMU BLOCK CONSTRUCTION WALL IMPROVEMENT PROJECT, 5239 MORADA STREET

CONTRACT TO
LEONIDA BUILDERS, The City Manager was authorized to enter into an agreement with INC. FOR THE MORADA Leonida Builders, Inc. in the amount of $118,200 for the Morada St.

STREET – CMU BLOCK CMU Block Wall Improvement Project, 5239 Morada Street, and a WALL IMPROVEMENT 10% project contingency in the amount of $11,820 was approved to PROJECT, cover any unforeseeable conditions that may arise during 5239 MORADA STREET construction; Councilmember Breceda abstaining.

ITEM NO. 6C AWARD A CONTRACT TO CITYTECH SOLUTIONS FOR PERMIT

AWARD A CONTRACT TRACKING, DIGITAL PLAN CHECK, AND BUILDING & SAFETY

TO CITYTECH INSPECTION SOFTWARE PROGRAM SYSTEM

SOLUTIONS FOR
PERMIT TRACKING, The City Manager was authorized to enter into an agreement with DIGITAL PLAN CHECK, CityTech Solutions, Inc. for Permit Tracking, Digital Plan Check, and AND BUILDING & Building & Safety Inspection Software System in the amount of SAFETY INSPECTION $73,000.00, a 20% contingency in the amount of $14,600.00 was SOFTWARE PROGRAM approved to cover any additional custom programming fees/ costs SYSTEM associated with the new software during the contract, and RESOLUTION NO. Resolution No. 2024-115-3592, entitled:
2024-115-3592
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AMENDING FISCAL YEAR 2024-2025
ADOPTED BUDGET TO APPROPRIATE $87,600 AND

CITY COUNCIL MINUTES DECEMBER 19, 2024
SPECIAL MEETING PAGE 2

AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CITYTECH SOLUTIONS, INC. FOR THE

PURCHASE OF SOFTWARE LICENSE AND SUBSCRIPTION FOR

PERMIT TRACKING, DIGITAL PLAN CHECK, AND BUILDING
SAFETY INSPECTION SYSTEM,” was adopted.

ITEM NO. 6D AWARD OF AS-NEEDED BUILDING AND SAFETY SERVICES

AWARD OF
AS-NEEDED BUILDING The City Council of the City of Irwindale authorized the City Manager AND SAFETY SERVICES to execute an agreement with Transtech Engineers, Inc. and JAS Pacific for As-Needed Building and Safety Division Plan Check and Inspection Services.

ITEM NO. 6E RECEIVE AN UPDATE ON BUILDING & SAFETY DIVISION

RECEIVE AN UPDATE TRANSITION AND AWARD OF CONTRACT TO TRANSTECH ON BUILDING & SAFETY ENGINEERS, INC. FOR BUILDING & SAFETY SERVICES

DIVISION TRANSITION
AND AWARD OF The update on the City of Irwindale Building and Safety Division CONTRACT TO transition was received and filed, and:

TRANSTECH
ENGINEERS, INC. FOR

BUILDING & SAFETY

SERVICES
RESOLUTION NO. Resolution No. 2024-112-3589, entitled:
2024-112-3589
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES

PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION

3.44.080(H) AND APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICE
AGREEMENT WITH TRANSTECH ENGINEERING, INC. FOR
BUILDING AND SAFETY SERVICES,” was adopted.

ITEM NO. 6G AMEND THE EXPENDITURE PLAN FOR THE USE OF THE

AMEND THE REMAINING AMERICAN RESCUE PLAN ACT (ARPA) FUNDING

EXPENDITURE PLAN

FOR THE USE OF THE

REMAINING AMERICAN

RESCUE PLAN ACT
(ARPA) FUNDING
RESOLUTION NO. Resolution No. 2024-113-3590, entitled:
2024-113-3590
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE REALOCATION OF THE

AMERICAN RESCUE PLAN (ARPA) FUNDS FOR VARIOUS CITY
NEEDS,” was adopted.

ITEM NO. 6H CONSIDERATION OF PROPOSED PERSONNEL ADJUSTMENT

CITY COUNCIL MINUTES DECEMBER 19, 2024
SPECIAL MEETING PAGE 3

CONSIDERATION OF

PROPOSED PERSONNEL

ADJUSTMENT
RESOLUTION NO. Resolution No. 2024-114-3591, entitled:
2024-114-3591
ADOPTED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REPEALING AND REPLACING RESOLUTION NO.
2024-90-3567, AND ESTABLISHING THE NUMBER OF

POSITIONS, SCHEDULE OF CLASSES, AND COMPENSATION
FOR CITY EMPLOYEES,” was adopted.

END OF CONSENT CALENDAR
ITEM NO. 6A AWARD A CONSTRUCTION CONTRACT TO ROBERT CLAPPER AWARD A CONSTRUCTION SERVICES, INC., DBA R.C. CONSTRUCTION

CONSTRUCTION SERVICES FOR THE PUBLIC LIBRARY IMPROVEMENT

CONTRACT TO PROJECT

ROBERT CLAPPER

CONSTRUCTION
SERVICES, INC. DBA
R.C. CONSTRUCTION

SERVICES FOR THE

PUBLIC LIBRARY

IMPROVEMENT

PROJECT
COUNCILMEMBER Councilmember Breceda declared a potential conflict of interest and BRECEDA exited the Council Chambers at 11:35 a.m.

MAYOR BURROLA Mayor Burrola requested that the Council be informed whenever there are change orders relating to the project, to which Director Chan advised that the project is straightforward and that staff does not anticipate any major change orders, except for those due to minor, unforeseen conditions, or when they are initiated by the City.

Mayor Burrola also asked about the schedule for the development of the parking lot and landscaping, to which Director Chan indicated that, since the project is being financed through a grant, the building itself must be completed by March 27, 2026. The development of the parking lot and landscaping will occur afterward and would take approximately three months to complete.

MAYOR PRO TEM Mayor Pro Tem Ortiz asked clarifying questions regarding the project ORTIZ cost and contingency funding, which Director Chan explained. Mayor Pro Tem Ortiz requested that any change orders to this project as well as the Morada Street wall project, as well as their costs, be identified.

CITY COUNCIL MINUTES DECEMBER 19, 2024
SPECIAL MEETING PAGE 4
DIRECTOR CHAN Director Chan stated that all items will be listed at the end of the project, including any change orders or added / removed items.

MOTION A motion was made by Councilmember Ambriz, seconded by Mayor Burrola, to authorize the City Manager to enter into an agreement with Robert Clapper Construction Services, Inc. dba R.C. Construction Services in the amount of $8,084,701 for the Public Library Improvement Project and approve a 10% construction contingency in the amount of $808,470 to cover any unforeseeable conditions that may arise during construction. The motion was unanimously approved; Councilmembers Breceda and Garcia absent.

ITEM NO. 6F RATIFICATION OF TOTAL CONTRACT AMOUNT FOR AND RATIFICATION OF APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL

TOTAL CONTRACT SERVICES AGREEMENT WITH CLEAN COALITION FOR

AMOUNT FOR AND BATTERY ENERGY STORAGE SYSTEM (BESS) CONSULTATION

APPROVAL OF SERVICES
AMENDMENT NO. 2
TO THE

PROFESSIONAL

SERVICES

AGREEMENT WITH

CLEAN COALITION

FOR BATTERY

ENERGY STORAGE

SYSTEM (BESS)

CONSULTATION

SERVICES
COUNCILMEMBER Councilmember Breceda returned to the Council Chambers at 11:47 BRECEDA a.m.

MAYOR BURROLA In response to questions by Mayor Burrola, City Manager Miranda advised that Craig Lewis, with Clean Coalition, has previously made presentations to the Council regarding this matter. He added that he signed the contract authorizing Mr. Lewis to make presentations during the two recent workshops and asked for authorization to sign a new contract with Mr. Lewis so that he can make another presentation at the meeting of January 8.

COUNCILMEMBER Councilmember Ambriz noted that the Council has previously AMBRIZ requested that Mr. Lewis appear at the January meeting in person, to which City Manager Miranda stated that the request is part of the proposed contract, though if the Council were to deny its approval, Mr. Lewis would have little incentive to attend the meeting.

CITY COUNCIL MINUTES DECEMBER 19, 2024
SPECIAL MEETING PAGE 5
DIRECTOR BORHANI Director Borhani added that approval of the subject contract would grant the City the opportunity to engage Mr. Lewis and bring him in as a consultant. He expressed his hope that the Council approve authorizing funding so that Mr. Lewis could attend the meeting and provide any necessary information.

MAYOR PRO TEM Mayor Pro Tem Ortiz asked who recommended Clean Coalition, to ORTIZ which City Manager Miranda stated that staff conducted research and located Mr. Lewis, who has been involved in numerous other battery energy storage systems throughout the region.

Mayor Pro Tem Ortiz voiced concern over the high price of the presentations, noting that the first in-person presentation cost $9,900, while the second virtual presentation cost $2,500, and suggested selecting a different firm if the Council chooses to continue with a BESS project.

CITY MANAGER City Manager Miranda asked whether the Council would be amenable MIRANDA to restructuring the contract, perhaps by charging an hourly rate rather than charging a specific amount per meeting.

MAYOR PRO TEM Mayor Pro Tem Ortiz stated that a contract restructure would be ORTIZ acceptable. He then asked whether Mr. Costello with the Fire Department was also charging for participating in the presentations, to which City Manager Miranda advised that he has not charged.

CITY MANAGER Responding to a question by City Manager Miranda, City Attorney MIRANDA Guerra mentioned that staff could remove the option to make presentations after the January 8 meeting from the contract as a way to lower the cost.

MAYOR PRO TEM Mayor Pro Tem Ortiz stated that this would be acceptable, though he ORTIZ would still like to see whether the fixed rates could be changed to hourly rates.

MOTION A motion was made by Mayor Pro Tem Ortiz, seconded by Councilmember Ambriz, to ratify the contract and approve Amendment No. 2 to the Professional Services Agreement with Clean Coalition for Battery Energy Storage System (BESS) Consultation Services, with the removal of Task E from the Schedule of Performance and for staff to determine whether there can be a reduction of the $5,000, and for the agreement to be approved subject as to form by the City Attorney. The motion was unanimously approved, Councilmember Garcia absent.

CITY COUNCIL MINUTES DECEMBER 19, 2024
SPECIAL MEETING PAGE 6
ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 12:01 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Payroll Batch 405-12-24

DATE OF ISSUE DEPARTMENT AMOUNT
12/5/24
13 City Administrative Office 150.00
14 Finance Department 150.00
35 Police Department 2,250.00
40 Recreation Department 200.00
41 Aquatics Department 300.00
42 Senior Citizens' Center 50.00
57 Public Works - Services 150.00
Gross Payroll 3,250.00
Required Deductions (630.88)
Voluntary Deductions -
Net Payroll 2,619.12
Payroll Batch 407-12-24, 408-12-24, 409-12-24

DATE OF ISSUE DEPARTMENT AMOUNT
12/12/24
11 City Council 1,731.15
13 City Administrative Office 60,824.28
14 Finance Department 28,833.76
35 Police Department 249,453.43
40 Recreation Department 35,193.01
41 Aquatics Department 4,718.41
42 Senior Citizens' Center 24,456.42
44 Library 14,857.19
51 Planning & Community Development 25,174.15
52 Public Works - Engineering 36,152.05
57 Public Works - Services 60,793.06
Gross Payroll 542,186.91
Required Deductions (154,549.46)
Voluntary Deductions (27,190.30)
Net Payroll 360,447.15
Payroll Batch 421-12-24

DATE OF ISSUE DEPARTMENT AMOUNT
12/26/24
11 City Council 7,329.15
13 City Administrative Office 60,734.73
14 Finance Department 34,225.33
35 Police Department 233,434.17
40 Recreation Department 35,360.02
41 Aquatics Department 3,870.24
42 Senior Citizens' Center 22,262.30
44 Library 17,657.36
51 Planning & Community Development 26,141.08
52 Public Works - Engineering 31,334.63
57 Public Works - Services 57,076.98
Gross Payroll 529,425.99
Required Deductions (161,030.74)
Voluntary Deductions (22,717.86)
Net Payroll 345,677.39

CITY OF IRWINDALE

PAYROLL WARRANT REGISTER
December 2024

December 2024
Reference
Number Vendor Name Date Amount
WFB-47 CJPIA Excess Pool 12/9/2024 9,048.60
ACH US Bank 12/10/2024 23,576.74
Report Total: 32,625.34
Electronic Payments
December 1 - 31, 2024

Item #19.C.

Date: January 8, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Contract Amendment No. 3 - Interwest Consulting Group City Manager's Recommendation:

1. Approve the attached contract Amendment No. 3 with Interwest Consulting Group for the preparation of the Comprehensive Zoning Ordinance Update, subject to City Attorney approval as to form; and

2. Adopt the attached Resolution No. 2024-93-3570, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, APPROVING AMENDMENT NO. 3 WITH INTERWEST

CONSULTING GROUP, AND APPROVING AN APPROPRIATION OF ADDITIONAL FUNDING FOR THE COMPREHENSIVE ZONING ORDINANCE UPDATE.”
Administrative Action:

Submitted by:

Marilyn Simpson, AICP, Community Development Director
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 March 25, 2020, the City Council approved the Professional Consulting Contract with Interwest Consulting Group (Interwest) for the preparation of a Comprehensive Zoning Ordinance update, optional tasks and applicable environmental review for a total cost of $214,860. Of this amount, $125,000 was to be funded from the $160,000 SB 2 Planning Grant Program the City was awarded on February 24, 2020.

On December 8, 2021, the City Council approved Amendment No. 1 to revise the “Schedule of Performance”. Although project was anticipated to be completed by June 2021, due to the multiple factors, including the pandemic, scheduling conflicts, limited staffing, and changes in land use legislation, the timeline to complete the project was delayed. Amendment No. 1 established a revised “Schedule of Performance”, plus an additional fee of $25,000 that carried the project through January 2023 and brought the contract total to $239,860. On September 13, 2023, the City Council approved Amendment No. 2 to revise the “Schedule of Performance”. Though the project was expected to be completed by January 2023, because of new state mandates regarding housing, the desire to provide additional time for community review, and completion of the environmental analysis, the timeline to finalize the project was adjusted to February 2024.

Since September 13, 2023, below is the series of public meetings that have been conducted relating to the Zoning Code update:
• September 20, 2023 – Draft Zoning Code update presented to Planning Commission. Staff was instructed to conduct a community survey regarding the rezoning of residential properties from A-1 to R-1. Additionally, minor corrections were received from the Commission. • October 30, 2023 – Commission did not conduct a public hearing and continued the matter to a date uncertain, received further comments from the public, and directed staff to extend the survey submission deadline to November 8, 2023.
• November 13, 2023 – Commission voted to continue item to a future date. • February 21, 2024 – Draft Zoning code Update was presented to the Commission and the Commission adopted PC Resolution No. 819(23), recommending that the City Council adopt Ordinance No. 772, repealing and replacing Title 17 “Zoning” of the Irwindale Municipal Code in its entirety with a Comprehensive Zoning Code Update.
• April 10, 2024 - The draft Title 17 Zoning Code Update was presented to the City Council at a public hearing where the City Council heard comments from the public and directed staff to have the Planning Commission review the zoning code update considering the public comments received.
• July 10, 2024 - The draft Title 17 Zoning Code update was again presented to the Planning Commission and several recommendations were received from the Commission requiring further discussion.
• August 21, 2024 – The draft Title 17 Zoning Code update was again presented to the Planning

Commission and several recommendations were received from the Commission. • September 18, 2024 - The draft Title 17 Zoning Code update was again presented to the Planning Commission and several recommendations were received from the Commission. • December 18, 2024 – The draft Title 17 Zoning Code update was again presented to the Planning Commission and several recommendations were received from the Commission.

Amendment No. 3 is required due to the additional public meetings, revisions to the draft Title 17 Zoning Code update, and supplementary analysis requested by the Commission. Amendment No. 3 will allow the consultant to finalize the City’s Zoning Code Update for City Council’s adoption by June 2025.

The extended project timeline will include project coordination with City staff, two Planning Commission and two City Council meetings, preparation of meeting materials, and preparation of final draft and final Zoning Code document. An appropriation of $44,500 from the mining impact fund and general fund is required to complete this project, resulting in a total Contract Sum of $284,360.

Fiscal Impact:

Amendment No. 3 will result in an amended contract sum totaling $284,360, requiring an additional appropriation of $44,500.00. The additional appropriation requires $26,700 (Mining Impact Fund (60%)) and $17,800 (General Fund (40%)).

Attachments:

1. A - Resolution No. 2024-93-3570_Interwest Amendment No 3

2. B - Interwest Professional Services Contract Amendment No. 3 12.19.24

ATTACHMENT “A”
RESOLUTION NO. 2024-93-3570

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING CONTRACT AMENDMENT NO. 3 WITH INTERWEST CONSULTING

GROUP, AND APPROVING AN APPROPRIATION OF ADDITIONAL FUNDING FOR

THE COMPREHENSIVE ZONING ORDINANCE UPDATE
WHEREAS, Title 17 of the Irwindale Municipal Code consists of the City’s Zoning Ordinance, for which various amendments have been adopted throughout the years and currently requires a Comprehensive Zoning Ordinance Update (“Update”) to properly meet the current and future needs of the City; and
WHEREAS, after a Request for Proposals (RFP) process, on March 25, 2020, the City Council approved a Professional Consulting Services Contract with Interwest Consulting Group to perform the Update; and
WHEREAS, the professional services contract between the City and Interwest Consulting Group (“Agreement”) for the Update was approved, with a total Contract Sum of $214,860, for which sufficient funds were included in the FY 2019-2020 Community Development Budget funded by the General Fund; and
WHEREAS, during the City Council meeting on March 25, 2020, City Staff was directed to confirm whether alternate funding sources would be eligible to fund a portion of the cost of the Update; and
WHEREAS, on February 24, 2020, the City received notification from HCD that the City’s application for an SB 2 Planning Grant was approved and the City was awarded $160,000 in grant funds; and
WHEREAS, during the City Council meeting on April 22, 2020, the City Council approved the appropriation of $125,000 of the $160,000 SB2 Planning Grant funds to be used toward the Contract Sum per the Council’s prior directive to find alternative funding sources; and
WHEREAS, additional funds from the Mining Impact Fund of up to $89,860 were also identified by staff as an alternate funding source to fund the cost of the Contract Sum per the Council’s prior directive to find alternative funding sources; and WHEREAS, although the Update was anticipated to be completed by June 2021, due to the multiple factors, including the pandemic, scheduling conflicts, limited staffing, and changes in land use legislation, the timeline to complete the project has been delayed. On December 8, 2021, the City Council approved the first Amendment to the Agreement (“First Amendment”), to revise the “Schedule of Performance” due to these delays, plus an additional fee of $25,000 that carried the project through January 2023 and brought the contract total to $239,860; and

Resolution No. 2024-93-3570

WHEREAS, on September 13, 2003, the City Council approved the second Amendment to the Agreement (“Second Amendment”), amending the schedule of performance, increasing the contract sum, and the incorporation of new mandates under new state housing legislation that are outside of the original scope of the project; and
WHEREAS, there have been several request for additional public meetings, revisions to the draft Title 17 Zoning code update, and supplementary analysis requested resulting in a third amendment to the Agreement (“Third Amendment”) to amend the schedule of performance and an increase in the contract sum as a result of the additional services; and
WHEREAS, the Second Amendment contract sum totaled $239,860 and the Third Amendment requires an additional appropriation of $44,500 ($26,700 from the mining impact fund (60%) and $17,800 General Fund (40%)), resulting in an amended contract sum of $284,360.

WHEREAS, Section 1.9 of the Agreement requires that any increase in compensation to the Agreement in excess of $25,000 must be approved by the City Council; and
NOW, THEREFORE, the City Council of the City of Irwindale, California, resolves, determines, and orders as follows:

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

SECTION 2. The City Council does hereby approve the Third Amendment to the Contract Services Agreement between the City of Irwindale and Interwest Consulting Group, attached hereto as “Exhibit A”.

SECTION 3. The City Council hereby approves an amendment to FY 2024-2025 adopted budget and an appropriation of $44,500 for completion of the comprehensive zoning code update; $26,700 (Mining Impact Fund (60%)) and $17,800 (General Fund (40%)).

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

Resolution No. 2024-93-3570

PASSED, APPROVED and ADOPTED this 8th day of January 2025. ________________________________
Larry G. Burrola, 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. 2024-93-3570 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 8th day of January 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

ATTACHMENT “A”
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENTBETWEEN THE CITY

OF IRWINDALE AND INTERWEST CONSULTING GROUP
THIS AMENDMENT NO 3 TO CONTRACT SERVICES AGREEMENT (this “Amendment No. 3”), is made and entered into this 8th day of January 2025, by and between the City of Irwindale, a California municipal corporation (“City”), and Interwest Consulting Group, a California corporation (“Consultant” or “Interwest”). 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 Contract Services Agreement, (herein “Agreement”) dated January 8, 2025, for Preparation of the Ordinance, Community Outreach, and Adoption of the Irwindale Zoning Ordinance Update, as those terms are defined in the Agreement.

B. The Agreement established a maximum Contract Sum of Two Hundred Fourteen Thousand Eight Hundred and Sixty Dollars ($214,860.00).

C. On September 13, 2023, the City Council approved Amendment No. 2, amending section 3.2 of the Agreement and updating the Schedule of Performance; and amended section 2.1 of the Agreement increasing the Contract Sum from $214,860 to $240,360.

D. 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 in the Contract Sum by $44,500.00 from $240,360.00 to $284,860.00.

E. 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.

F. Pursuant to Section 1.9 of this 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 increase in compensation exceeding $25,000 must be approved by the City Council. The City Council has approved this amendment to the Agreement pursuant to Section 1.9.

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. Section 2.1 of the Agreement is hereby amended to read in its entirety as follows (added text shown in bold italics, deleted text shown in strikethrough):
“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

Interewest ZCU Contract

TWO HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($214,860.00) TWO HUNDRED FORTY THOUSAND THREE HUNDRED SIXTY DOLLARS ($240,360.00) TWO HUNDRED EIGHTY-FOUR THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($284,860.00) (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):
“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”, dated December 2, 2021 August 15, 2023 June 30, 2025, 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) day cumulatively.”

3. 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 “A” attached hereto.

4. Except as expressly amended hereby, the Agreement remains 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.

Interewest ZCU Contract
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
Larry G. Burrola, Mayor
ATTEST:

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

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

Interwest Consulting Group
1500 S. Haven Ave., Suite 220
Ontario, CA 91761
By:

Name: Paul Meschino
Title: President
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, 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.

Exhibit “C-1” of the Agreement entitled “Consultants Billing Rates” shall be substituted and superseded in its entirety as follows:

EXHIBIT “C-1”

CONSULTANTS BILLING RATES/COST FOR SERVICES
Proposal Dated December 19, 2024
Fee Estimate: $44,500
I n t e r w e s t B i l l i n g R a t e s
Effective July 1, 2024
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI -U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such increase shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

We have outlined our proposed scope of services to finalize and adopt the City’s updated Zoning Code and Design Guidelines documents by June 2025. This includes the following tasks below:
• Project coordination with City staff such as attending virtual meetings or other calls as needed (24 hours)
• Preparation of adoption meeting materials including presentations, map exhibits, and graphics (100 hours)
• Preparation of the final draft and the final Zoning Code and Design Guidelines documents, addressing comments and revisions directed by the City (100 hours) • Attendance at up to three Planning Commission meetings and two City Council meetings (50 hours)
Schedule: Approximately six months, ending in June 2025.

Exhibit “D” of the Agreement entitled “Schedule of Performance/Timeline” shall be substituted and superseded in its entirety as follows:

EXHIBIT “A”

SCHEDULE OF PERFORMANCE/TIMELINE
Proposal Dated December 19, 2024
Project Schedule
Milestones Timeframe
Project Initiation Spring 2020
Existing Conditions Analysis and Zoning
Code Review Summer-Fall 2020
Administrative Draft Zoning Code Winter 2021 – Summer 2022 Public Review Draft Zoning Code Fall 2022 – Summer 2023 Joint Planning Commission/City Council
Study Session July 19, 2023
Environmental Analysis July - September 2023
Final Draft Zoning Code August – September 2023
Adoption Hearings/Final Zoning Code
Document September 2023 – June 2025

Item #19.D.

Date: January 8, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve Purchase of Police Vehicle with Federal Asset Forfeiture Funds and Appropriate Funds for Such Use
City Manager's Recommendation:

That the City Council approve the bid submitted by Sierra Auto Group for the purchase of one new vehicle to be used for Police Department operations in the amount of $38,046.14 and adopt Resolution #2025-08-3596 regarding the appropriation of Asset Forfeiture funds for the purpose of the proposed vehicle purchase.

Administrative Action:

Submitted by:

Chris Hofford, Chief of Police
Prepared by:

Chris Hofford, Chief of Police
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Safe and fiscally responsible vehicles are required for the efficient operations of the Police Department. Such vehicles routinely require replacement when they reach the end of their serviceable life period, a time during which vehicles incur far more maintenance costs than newer vehicles do.

Older vehicles are less reliable, are routinely out of service for repairs, and lack the modern safety features that newer vehicles possess.

The Police Department has identified a vehicle in its fleet which meets all the above-listed criteria for replacement. The vehicle is part of the Detective Bureau's fleet of vehicles. It has reached the end of its serviceable life and requires extensive maintenance to sustain its usability. As such, Police Department staff requests that the City Council consider this request for the vehicle's replacement.

Fiscal Impact:

The attached resolution allows for the appropriation of $38,046.14 in federal asset forfeiture for the purchase and outfitting of a police vehicle.

Attachments:

1. Form.Informal Bid-Quote-fillable--DB Unit

2. Informal Bid Quote DB Unit

3. Resolution No. 2025-

CITY OF IRWINDALE
Informal Bid/Quote Form
A minimum of 3 bids must be attached to this form in order to process a PO.

Project Name Project or Quote No.

Brief Description of Item(s) being purchased:

Quantity: . Size: Specs:

1. Company Name
Address
Phone E-mail
Unit Cost (s) Total

2. Company Name
Address
Phone E-mail
Unit Cost (s) Total

3. Company Name
Address
Phone E-mail
Unit Cost (s) Total
Accept the lowest bid of
(Name of Bidder)
Accept the bid of ____________________________________. See remarks section below. (Name of Bidder)
Reject all bids. See remarks section below.

IF THE AWARD IS TO BE MADE TO OTHER THAN THE LOW BIDDER, PLEASE

PREPARE A COMPLETE AND FULL JUSTIFICATION OF THE REASON FOR REJECTION. You may write your justification below and obtain the necessary authorized signatures (i.e. department head). If you have any questions, please contact ext. 268.

Revised 10/2/18
REMARKS: (All bids are periodically audited; therefore, all exceptions to and rejections of low bids shall be documented.)
Bids obtained by: Date:

Department Head Signature: Date:

Purchasing Officer Signature: Date:

CITY OF IRWINDALE
Informal Bid/Quote Form
A minimum of 3 bids must be attached to this form in order to process a PO.

Project Name Project or Quote No.

Brief Description of Item(s) being purchased:

Quantity: . Size: Specs:

1. Company Name
Address
Phone E-mail
Unit Cost (s) Total

2. Company Name
Address
Phone E-mail
Unit Cost (s) Total

3. Company Name
Address
Phone E-mail
Unit Cost (s) Total
Accept the lowest bid of
(Name of Bidder)
Accept the bid of ____________________________________. See remarks section below. (Name of Bidder)
Reject all bids. See remarks section below.

IF THE AWARD IS TO BE MADE TO OTHER THAN THE LOW BIDDER, PLEASE

PREPARE A COMPLETE AND FULL JUSTIFICATION OF THE REASON FOR REJECTION. You may write your justification below and obtain the necessary authorized signatures (i.e. department head). If you have any questions, please contact ext. 268.

Detective Vehicle
Replace an aging detective vehicle
with approximately 135,000 miles. Vehicle to be used for UC operations as well.

N/A N/A
Sierra Honda Auto Group
1450 S. Shamrock Ave. Monrovia CA 91016
(626) 879-2934 [email protected]
$ 38,046.14 $ 38,046.14
Goudy Honda
1400 W. Main St. Alhambra CA 91801
(626) 576-1114 [email protected]
$ 39,177.73 $ 39,177.73
Norm Reeves Honda
1840 E. Garvey Ave S, West Covina CA 91791
(888) 694-5544 [email protected]
$ 38,607.00 $ 38,607.00
Sierra Honda Auto Group
1

Revised 10/2/18
REMARKS: (All bids are periodically audited; therefore, all exceptions to and rejections of low bids shall be documented.)
Bids obtained by: Date:

Department Head Signature: Date:

Purchasing Officer Signature: Date:

Lt. Jose Vargas 12/16/24 Digitally signed by Christopher P. Hofford DN: OU=Police Department, O=City of Irwindale, CN=Christopher P. Hofford, E= [email protected] Reason: I am approving this document Location: Date: 2024.12.16 14:19:23-08'00' Foxit PDF Reader Version: 2024.2.2 Christopher P. Hofford 12/16/24

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING THE APPROPRIATION OF ASSET FORFEITURE FUNDS FOR THE

PURCHASE AND OUTFITTING OF ONE POLICE SERVICE VEHICLE
WHEREAS, properly functioning police vehicles are vital to providing basic community patrol crime prevention to the citizens of Irwindale; and WHEREAS, one (1) vehicle in the Police Department’s fleet requires replacement
as it has surpassed its useful asset life and now requires increasingly cost-prohibitive maintenance costs; and
WHEREAS, the Police Department wishes to purchase one (1) new vehicle as a replacement to be used for the Police Department operations in the City of Irwindale using Asset Forfeiture funds; and
WHEREAS, Irwindale Municipal Code Section 3.44.100 provides that purchases of equipment may be made by an informal bid process consisting on at least three bids; and
WHEREAS, staff have obtained three informal bids for the purchase of the proposed replacement vehicle from different suppliers; and WHEREAS, the Sierra Auto Group provided the lowest bid for the proposed replacement vehicle with a bid of $38,046.14.

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

SECTION 1. The City Council hereby finds that appropriating the use of Asset Forfeiture Funds for the purchase of the police service vehicle in the amount of $38,046.14 related to and in support of Irwindale Police Department’s official law enforcement operations and investigations and providing equipment for official law enforcement duties is compliant with federal and state law requirements.

SECTION 2. The recitals set forth above are true and correct and incorporated herein by this reference.

SECTION 3. 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 8th day of January 2025.

______________________
Larry G. Burrola, Mayor
ATTEST:
_____________________
Laura Nieto,
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. 2025- was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 8th day of January 2025, by the following vote:

Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
______________________
Laura Nieto
Chief Deputy City Clerk

Item #19.E.

Date: January 8, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Receive and Appropriate Grant Funds from the State of California Board of State and Community Corrections' Byrne State Crisis Intervention Program City Manager's Recommendation:

Adopt Resolution No. 2025- entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING RECEIPT OF AND APPROPRIATING STATE GRANT FUNDS FOR USE BY THE POLICE DEPARTMENT", subject to City Attorney approval as to form.

Administrative Action:

Submitted by:

Chris Hofford, Chief of Police
Prepared by:

Chris Hofford, Chief of Police
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Irwindale Police Department staff applied for and received approval for firearms safety grant funding for the two specific purposes of (1) purchasing new firearms storage equipment for use in the Property

and Evidence Room, and (2) the purchase of gun locks and/or lock boxes for distribution to the community.

Fiscal Impact:

There will be no negative impact to the General Fund. Grant activities will be funded solely by the grant with no required match from the City.

Attachments:

1. Resolution No. 2025-11-3599

2. Byrne SCIP Contract City of Irwindale Agreement #1305-24

Resolution No. 2025-11-3599

RESOLUTION NO. 2025-11-3599

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING RECEIPT OF AND APPROPRIATING STATE GRANT FUNDS FOR

USE BY THE POLICE DEPARTMENT
WHEREAS, the Irwindale Police Department continually seeks to improve the quality of service to the community by seeking outside sources of funding; and WHEREAS, the Irwindale Police Department has applied for grant funding through the State of California Board of State and Community Corrections; and WHEREAS, the Irwindale Police Department has received approval to receive $26,548 in grant funds for the two purposes of (1) purchasing new firearms storage equipment for the Property & Evidence Room, and (2) purchasing and distributing firearm locks and lock boxes to the community; and
WHEREAS, the Irwindale Police Department wishes to accept said grant funds and appropriate the funds for the use of the listed purposes.

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

SECTION 1. State of California grant funds obtained through the State of California Board of State and Community Corrections in the amount of $26,548 are approved, and the City Council authorizes and approves acceptance of this amount for the listed purposes.

SECTION 2. The City Manager, Chief of Police, and/or Director of Finance are hereby authorized to take all necessary steps to implement the intent of this resolution and execute any necessary grant documents and approvals. All previous actions taken are hereby ratified and approved.

SECTION 3. Authorize the Finance Director to amend the FY 2024-2025 adopted budget by accepting and appropriating the $26,548 funds to Police Department’s budget for the purchase of the listed purposes as approved by the grant funds.

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

Resolution No. 2025-11-3599

PASSED, APPROVED AND ADOPTED this 8th day of January 2025. ______________________
Larry G. Burrola, Mayor
ATTEST:
_____________________
Laura Nieto,
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. 2025-11-3599 was duly adopted by the City Council of the City of Irwindale at a regular meeting thereof held on the 8th day of January 2025, by the following vote:

Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
______________________
Laura Nieto
Chief Deputy City Clerk

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC130524 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1305-24

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
City of Irwindale

2. The term of this Agreement is:

START DATE
JULY 15, 2024

THROUGH END DATE
SEPTEMBER 30, 2026

3. The maximum amount of this Agreement is:
$26,548.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 4
Exhibit E FY 2022-2023 Byrne State Crisis Intervention Program (SCIP) Federal Conditions 19 Attachment 1* Byrne State Crisis Intervention Program (SCIP) Grant Request for Proposals * Attachment 2 Byrne SCIP Grant Proposal 16
Appendix A Byrne SCIP Advisory Board Roster 1
Appendix C Key Partner Commitment Form(s) 1
Appendix D Criteria for Non-Governmental Organizations Receiving Subawards 2 Appendix E Governing Board Resolution
Appendix F Certification of Compliance with BSCC Policies Regarding Debarment, Theft, Fraud & Embezzlement 1 Appendix G Project Work Plan 2
* This item is hereby incorporated by reference and can be viewed at:
https://www.bscc.ca.gov/byrne-state-crisis-intervention-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

CITY OF IRWINDALE

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
5050 N Irwindale Avenue Irwindale CA 91706

PRINTED NAME OF PERSON SIGNING TITLE
Chris Hofford Chief of Police

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED


City of Irwindale
BSCC 1305-24

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

1. GRANT AGREEMENT – Byrne State Crisis Intervention Program (SCIP) Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Irwindale (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The goal of the BSCC Byrne State Crisis Intervention Program funding is to develop a multipronged approach to decreasing gun violence in California, supporting local jurisdictions in their efforts to improve firearms relinquishment procedures and supporting the enhancement of programs that address behavioral health issues, with a focus on people who are at higher risk for gun violence.

B. Grantee agrees to administer the project in accordance with Attachment 1: Byrne State Crisis Intervention Program (SCIP) Grant Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Grant Proposal, which are attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Chris Hofford
Title: Chief of Police
Address: 5050 N Irwindale Avenue, Irwindale, CA 91706
Phone: (626) 430-2244
Designated Financial Officer authorized to receive warrants:

Name: Kambiz Borhani
Title: Finance Director/City Treasurer
Address: 5050 N Irwindale Avenue, Unit D, Irwindale, CA 91706 Phone: (626)430-2222
Email: [email protected]
Project Director authorized to administer the project:

Name: Jose Vargas
Title: Operations Division Lieutenant
Address: 5050 N Irwindale Avenue, Irwindale, CA 91706
Phone: (626)430-2244
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

City of Irwindale
BSCC 1305-24

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Byrne SCIP Request for Proposals (incorporated by reference) and Attachment 2: Byrne SCIP Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 15, 2024 to September 30, 2024 October 15, 2024

2. October 1, 2024 to December 31, 2024 January 15, 2025

3. January 1, 2025 to March 31, 2025 April 15, 2025

4. April 1, 2025 to June 30, 2025 July 15, 2025

5. July 1, 2025 to September 30, 2025 October 15, 2025

6. October 1, 2025 to December 31, 2025 January 15, 2026

7. January 1, 2026 to March 31, 2026 April 15, 2026

8. April 1, 2026 to June 30, 2026 July 15, 2026

9. July 1, 2026 to July 15, 2026 July 31, 2026
Note: Project activity period ends July 15, 2026. The period of July 16, 2026 to September 30, 2026 is for completion of Final Local Evaluation Report and financial audit only.

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan December 31, 2024

2. Final Local Evaluation Report September 30, 2026

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

City of Irwindale
BSCC 1305-24

EXHIBIT A: SCOPE OF WORK
Rev 04/2020
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Byrne SCIP Advisory Board (See Appendix A) from receiving funds from the grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Byrne SCIP Advisory Board membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Byrne SCIP Advisory Board.

B. In cases of an actual conflict of interest with an Advisory Board member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. AUDIT
Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. Grantees may choose either a program-specific audit or a single federal audit. Federal guidelines allow grantees receiving $750,000 or more in federal funds in a fiscal year to use their federal justice assistance grant funds to pay for the cost of the audit. Grantees falling below the $750,000 threshold must use non-federal funds (i.e., match funds) to pay for audit costs. For purposes of this grant award grantee is required to check one of the boxes below to indicate how they will meet the audit requirement.  In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures, Chapter 23, Grant Accounting Index, the identified grant will be included in the City/County Single Federal Audit Report, which will be submitted to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
 In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the California State Controller’s Accounting Standards and Procedures Chapter 23, Grant Accounting Index, the grantee will provide a Program-Specific Final Audit Report to the BSCC within 30 days of the Grantee’s receipt of the report or within nine months following the end of the audit period, whichever is earlier.

OR
 In conformance with Federal Office of Management and Budget (OMB) CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, the non-governmental entity grantee does not expend $750,000 or more in total federal awards during the fiscal year and is therefore, exempt from Federal audit requirements for this grant contract period. However, the entity understands that it must keep and maintain the grant

City of Irwindale
BSCC 1305-24

EXHIBIT A: SCOPE OF WORK
Rev 04/2020
records and make them available for review or audit by appropriate officials of the Federal agency, pass-through agency (i.e., the Board of State and Community Corrections) and Governmental Accountability Office.

9. UNIQUE ENTITY IDENTIFIER (UEI)
The Contractor/grantee (entity entering into contract with the BSCC) must maintain active registration of their Unique Entity Identifier (UEI) number, used for this Grant Agreement, throughout the term of the contract. An active UEI number is also required to remain in compliance with the Federal Funding Accountability and Transparency Act (FFATA), a reporting tool Federal prime awardees (i.e. prime contractors and prime grants recipients) use to capture and report subaward and executive compensation.

City of Irwindale
BSCC 1305-24

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. July 15, 2024 to September 30, 2024 November 15, 2024

2. October 1, 2024 to December 31, 2024 February 15, 2025

3. January 1, 2025 to March 31, 2025 May 15, 2025

4. April 1, 2025 to June 30, 2025 August 15, 2025

5. July 1, 2025 to September 30, 2025 November 15, 2025

6. October 1, 2025 to December 31, 2025 February 15, 2026

7. January 1, 2026 to March 31, 2026 May 15, 2026

8. April 1, 2026 to June 30, 2026 August 15, 2026

9. July 1, 2026 to July 15, 2026 August 15, 2026
Final Invoicing Periods: Due no later than:

10. July 16, 2026 to September 30, 2026 November 15, 2026 *Note: Only expenditures associated with completion of the Final Local Evaluation Report and the financial audit may be included on the invoice.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, July, 15 2026, and included on the invoice due August 15, 2026. Project expenditures incurred after July 15, 2026 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by September 30, 2026. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 16, 2026 to September 30, 2026 must be submitted during the Final Invoicing Period(s), with the final invoice due on November 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.

Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE

City of Irwindale
BSCC 1305-24

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. Funding for Byrne SCIP was appropriated as part of the supplemental appropriations enacted under Division B of the Bipartisan Safer Communities Act. It is mutually agreed that if the Budget Act of the current year and/or any subsequent year covered under this Grant Agreement does not appropriate funds for the purposes of this program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. This Grant Agreement is valid and enforceable only if sufficient funds are made available by the United States Congress. Grantee agrees that the BSCC’s obligation to pay any sum to the Grantee under any provision of this agreement is contingent upon the availability of sufficient funds.

C. If Byrne SCIP funding is reduced or falls below estimates contained within the Byrne SCIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

D. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2023 BSCC Grant Administration Guide, which can be found under Grantee Resources here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.

To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE

City of Irwindale
BSCC 1305-24

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and final audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

City of Irwindale
BSCC 1305-24

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

7. PROJECT BUDGET
Project Budget
Line Item

1. Salaries and Benefits $0

2. Services and Supplies $6.581

3. Professional Services $0

4. Non-Governmental Based (NGO) Contracts $0

5. Fixed Assets/Equipment $18,639

6. Date Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award
$1,328

7. Other (including training, travel, etc.) $0

8. Indirect Costs $0
TOTAL $26,548

City of Irwindale
BSCC 1305-24

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious

City of Irwindale
BSCC 1305-24

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale

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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)

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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

City of Irwindale
BSCC 1305-24

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1:

Byrne SCIP Request for Proposals and Attachment 2: Byrne SCIP Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Compliance with Federal Laws and Regulations
The Grantee hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines and requirements, including any federal conditions, which are included in this Grant Agreement as Exhibit E.

C. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Byrne SCIP RFP and described in Appendix B.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
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D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. All funds received by the Grantee shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail.

Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Federal Audit Requirement: Grantee is required to complete an audit annually for each fiscal year/audit period, or fraction thereof, for the entire three-year grant cycle. See Exhibit A: Scope of Work, Section 8. Audit, for federal audit requirements.

C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant Proposal.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:

Byrne SCIP Request for Proposal and Attachment 2: Byrne SCIP Grant Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

City of Irwindale
BSCC 1305-24

EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020

1. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.

2. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

3. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.

Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2

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EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
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C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

4. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

5. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (https://ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its

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EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
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terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

6. Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

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EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
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B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

7. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.

8. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

9. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award

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(as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

10. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

11. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

12. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

13. Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful

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completion of such a training on or after October 15, 2020, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

14. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

15. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grantfunded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

16. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award

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appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

17. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance.

Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

18. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

19. Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

20. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

21. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal

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department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

22. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.

Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled

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"Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

23. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

24. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

25. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding

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agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

27. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

28. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to firsttier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:

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System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

29. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

30. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:

Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

31. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including

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documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

32. Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

33. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

34. Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

35. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

36. Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its

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discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R.

Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

37. Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

38. Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

39. The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs.

40. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

41. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

42. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's expense, shall contain the following statements:
"This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the

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U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

43. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

44. The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

45. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

46. The recipient understands and agrees that no more than 10 percent of the total amount of this award may be used by the recipient for direct costs associated with administering the award.

47. The recipient may not obligate, expend, or draw down funds for subawards until BJA provides explicit written approval of the proposed subaward. Prior approval for all subawards must be obtained post-award, through the submission and approval of a Grant Award Modification (GAM) through OJP’s JustGrants system.

48. Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe

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Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S.

Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.

49. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

50. The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.

51. In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.

52. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:

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a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.

The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

53. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at [email protected]) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review.

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

54. Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-funded drug

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courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904.

55. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA’s and National Association of Drug Court Professional’s (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement.

56. The recipient understands and agrees to operate any behavioral health crisis care program funded under this award in accordance with the Substance Abuse and Mental Health Services Administration National Guidelines for Behavioral Health Crisis Care:
https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care02242020.pdf.

57. Extreme risk protection programs funded under this award must include, at a minimum: predeprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

58. The recipient understands and agrees that it must form a diverse Crisis Intervention Advisory Board to inform and guide the state’s related gun violence reduction programs/initiatives. The

City of Irwindale
BSCC 1305-24

EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
Board must include representatives from law enforcement, the community, courts, prosecution, behavioral health providers, victim services, and legal counsel. The program and budget plans must be developed in coordination with and with demonstrated approval from the Crisis Intervention Advisory Board prior to submission for BJA review, and advisory board approval will also be required for any subsequent changes to the project’s scope or budget.

59. The recipient is authorized to incur obligations, expend, and draw down funds in an amount not to exceed $20,000, for the sole purpose of developing the program and budget plans in coordination with the Crisis Intervention Advisory Board. The recipient is not authorized to incur any additional obligations or make any additional expenditures or drawdowns until (1) the recipient submits program and budget plans that were developed in coordination with and demonstrate evidence of approval by the Crisis Intervention Advisory Board, (2) BJA approves the submission via Grant Award Modification (GAM), and (3) BJA has issued an Award Condition Modification (ACM) releasing this award condition.

60. The recipient understands and agrees that it must (1) subaward at least 40% of the award amount to units of local government in order to meet the Local Pass-through, and (2) subaward additional amounts identified by BJA to state courts that provide criminal justice and civil justice services for the “less-than-$10,000 jurisdictions” within the state and/or subaward the funds to such jurisdictions. Additional details on both of these pass-through requirements is available in the BJA FY 2022 - 2023 Byrne State Crisis Intervention Program Formula Solicitation.

61. Limit on use of grant funds for grantees' employees' salaries With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made.

62. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at

City of Irwindale
BSCC 1305-24

EXHIBIT E: FY 2022-2023 BYRNE SCIP FEDERAL CONDITIONS
Rev 04/2020
https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

63. Withholding - Certification with respect to Federal taxes - award exceeding $5 million (updated Aug. 2017)
The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has filed all Federal tax returns required for the three tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding; and until an Award Condition Modification (ACM) has been issued to remove this condition.

BSCC Powered by Submittable
Title 0012
by Tim Lewis in Byrne State Crisis Intervention
Program
1000 S. Fremont Avenue
Unit #40
Alhambra, California
91803
United States
(626) 588-5360
[email protected]
04/05/2024
id. 46143258
Original Submission 04/05/2024
Score n/a
SCIP checked
The Byrne State Crisis Intervention Program (Byrne SCIP) Grant Application is divided into four sections as identified below: Background Information Contact Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions that require a response. Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses.

Applicants will not be able to submit the Byrne SCIP Grant Application until all questions with a red asterisk have been completed. Applicants may reference the Byrne SCIP Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the Grant Program Application. The Byrne SCIP Instruction Packet is available on the BSCC website at the Byrne SCIP website .

NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.

SECTION 1 -

BACKGROUND

INFORMATION
This section requests information about the project name and location, federal identification, funding requested, and an overview of the project.

Applicant Name City of Irwindale
Applicant's Physical
Address
5050 N Irwindale Ave
Irwindale
CA
91706
US

34.10462
-117.93221

Applicant's Mailing
Address (If different
than physical
address)
Mailing Address for
Payment
5050 N Irwindale Ave
Irwindale
CA
91706
US

34.10462
-117.93221
Federal Employer ID 95-6005899
Unique Entity
Identifier (UEI)
E9J2S6RNLAC1
Funding Category Small Scope (Up to $500,000)
Lead Public Agency Irwindale Police Department
Project Title Firearm Evidence Upgrade and Gun Lock Distribution Program Purpose
Areas (PPA)
Applicants are required to apply for the Program Purpose Areas (PPA) and Program Activities identified in the Byrne SCIP Instruction Packet (Page 5- 6). A total of three PPAs are identified: PPA 1: Communication, Education, Outreach, and Public Awareness PPA 2: Behavioral health deflection for those at risk to themselves or others PPA 3: Funding for law enforcement agencies to safely secure, store, track, and return relinquished guns Applicants are required to address a minimum of one Program Purpose Area and one corresponding Program Activity. Applicants are not required to address each PPA or Program Activity.

Communication,
Education, Outreach,
and Public
Awareness (PPA 1)
Behavioral health
deflection for those
at risk to themselves
or others (PPA 2)
Funding for law
enforcement
agencies to safely
secure, store, track,
and return
relinquished guns
(PPA 3)
Gun locks and storage for individuals and businesses

Proposal Summary Irwindale Police Department (IPD) is enhancing firearms security in its evidence room and improving community firearms safety. This proposal entails procuring and installing new gun lockers as part of a larger overhaul of the department's evidence room in an effort to store firearms in evidence more securely. IPD is improving tracking and management methodologies for firearms and developing systems for more timely relinquishment of guns to their owners. IPD proposes procuring and distributing gun locks and lockboxes to the community, along with educational resources to raise awareness for safe gun storage and give the community the means to do so.

SECTION 2 -

CONTACT

INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-toDay Fiscal Contact, and the Authorized Officer for Signature.

Project Director Jose
Vargas
Project Director's
Title with
Agency/Department/Organization
Operations Division Lieutenant
Project Director's
Physical Address
5050 N Irwindale Ave
Irwindale
CA
91706
US

34.10462
-117.93221
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+16264302244
Financial Officer Kambiz
Borhani
Financial Officer's
Title with
Agency/Department/Organization
Finance Director/City Treasurer
Financial Officer's
Physical Address
5050 N Irwindale Ave
Unit D
Irwindale
CA
91706
US

34.10462
-117.93221

Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+16264302222
Day-To-Day Program
Contact
Rudy
Gatto
Day-To-Day Program
Contact's Title with
Agency/Department/Organization
Retired Annuitant Police Sergeant
Day-To-Day Program
Contact's Physical
Address
5050 N Irwindale Ave
Irwindale
CA
91706
US

34.10462
-117.93221
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+16264302244
Day-To-Day Fiscal
Contact
Andrea
Jaramillo
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Community Services Officer
Day-To-Day Fiscal
Contact's Physical
Address
5050 N Irwindale Ave
Irwindale
CA
91706
US

34.10462
-117.93221
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+16264302244
Name of Authorized
Officer*
Chris
Hofford

Authorized Officer's
Title with
Agency/Department/Organization
Chief of Police
Authorized Officer's
Physical Address
5050 N Irwindale Ave
Irwindale
CA
91706
US

34.10462
-117.93221
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+16264302244
Authorized Officer
Assurances
checked
SECTION 3 -

PROPOSAL

NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the Byrne SCIP Instruction Packet.

Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the Byrne SCIP Grant Instruction Packet (refer to pages 20-25). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Description narrative may not exceed 8,948 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately four (4) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit." Applicants will be prohibited from submitting the Byrne SCIP Grant Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section. However as a guide, the percent of total point value for each section is provided in the Byrne SCIP Instruction Packet (refer to page 18).

Project Need Irwindale Police Department (IPD) is seeking funding to procure and install new gun lockers in their evidence room as well as 15” cable gun locks and steel lockable gun boxes for distribution to members of the community.

Through an in-house evaluation of the current system as compared to current market offerings and evidence storage standards. IPD’s current firearms storage system is inadequate and obsolete. A new storage system solution will allow the department to secure, store, track and return relinquished firearms safely.

Firearms and firearm components are currently stored in the secured evidence room; however, they are stored on shelving in the same manner as other evidence. Any firearms seized by IPD need to be stored in a secure gun locker within the evidence room according to stringent standards. IPD’s system to track relinquished firearms needs upgrading. It lacks the capabilities to track relinquished firearms and those in evidence that should be returned to their owners.

The current system and evidence tracking have fallen short in its ability to provide consistent organization of firearms in evidence. This has resulted in the inability to locate certain firearms that should be in evidence, firearms whose source cases are unknown, and the retention of firearms whose source cases have been purged and which did not have the accompanying AFS entries, leaving staff unable to identify the proper owner.

As a part of the needs assessment process for firearms organization and tracking, the department prioritized reducing the number of firearms held in evidence from cases from 2004 to 2016. This process discovered 8 firearms that were identified as lost or stolen from other agencies and 20 firearms that require further investigation to determine their source and custody status. 11 firearms were found to be overdue for return to their owners and subsequently released. 5 firearms that were logged as evidence were unable to be located and 9 firearms requiring lifetime retention need to be held securely in the evidence room.

There is currently no local budget funding available for this project. This Project is one part of a larger initiative to completely rebuild and reorganize IPD’s evidence room. This initiative involves sorting through years of old evidence, and disposing of all items that can be returned to owners or otherwise disposed of via court order. The rebuilding of the entire evidence room will require additional funding for which we will pursue appropriate grant opportunities. Other funding such as asset forfeiture funds have been allocated to other immediate needs such as the replacement of officer safety equipment and vehicles.

Project Description This Project aligns with Proposed Project Area 3: Funding for law enforcement agencies to safely secure, store, track, and return relinquished guns. IPD recognizes the critical need to enhance firearms security and community safety through improved storage, tracking, and return procedures. In alignment with this vision, IPD is undertaking a comprehensive project aimed at procuring and installing new gun lockers in the evidence room while simultaneously distributing gun locks to community

members. This multifaceted initiative not only addresses internal shortcomings in firearm management but also fosters proactive community engagement to promote responsible gun ownership and prevent [unauthorized] access to firearms.

IPD's current firearms storage system is outdated and insufficient to meet modern evidence storage standards. Firearms and firearm components are stored alongside other evidence on shelving, lacking the specialized security measures necessary for proper firearm storage. Moreover, the existing methodology for tracking firearms is inadequate, leading to inconsistencies in organization, difficulty in locating firearms, and challenges in identifying proper ownership. The department's needs assessment revealed significant deficiencies, including lost or stolen firearms, overdue returns, and firearms requiring secure retention. The improvement of gun storage in the evidence room is part of a greater overhaul of evidence tracking and the organization of the evidence room.

In this proposal, IPD is seeking funding to procure and distribute gun locks to individuals in the community. IPD is proposing two types of gun locks.

The first is 15” cable gun locks, which are easy to install and include a key lock. These wear-resistant cables will fit most handguns, rifles, shotguns, and modern sporting rifles. They are California DOJ-approved and are listed on the DOJ’s California-approved firearm safety device list. The second is steel lock boxes, which will hold a full-size handgun. This will provide safe storage for single handguns at home or while traveling, secured with a key lock. They are equipped with a 1500lb-rated 4-foot steel security cable and are made with thick, 16 gauge steel housing and a protective foam interior. The lock boxes meet TSA airline guidelines for firearms travel and are approved by the California Department of Justice for firearms storage.

Project Goals:

1. Procurement and Installation of New Gun Lockers: The primary objective is to secure funding to procure and install high-quality gun lockers for the evidence room. These lockers will provide dedicated and secure storage for firearms, ensuring compliance with stringent storage requirements and enhancing organizational efficiency.

2. Improve Tracking and Management of Firearms: The project aims to upgrade the existing methodology to a comprehensive firearms tracking and management system. This upgraded organizational system will streamline firearm tracking processes, improve inventory management, and facilitate the identification of firearm ownership, ultimately enhancing accountability, transparency, and timely relinquishment.

3. Community Outreach and Distribution of Gun Locks: In addition to internal improvements, the project prioritizes community outreach and education initiatives. IPD will distribute gun locks to community members, promoting safe storage practices and reducing the risk of unauthorized access to firearms. Educational resources on responsible gun ownership and storage will be made available to empower community members to take proactive measures to prevent firearm-related incidents.

Project Implementation Plan:

1. Procurement: IPD will conduct a thorough and competitive procurement process for new gun lockers. IPD staff will research appropriate products that meet modern standards and negotiate prices with vendors. Vendor selection will be based on rigorous evaluation criteria, ensuring compatibility, reliability, and cost-effectiveness.

2. Installation and implementation: Upon procurement, the installation of gun lockers will be meticulously coordinated to minimize disruption to evidence management operations. IPD staff will then implement standardized protocols and procedures for the tracking, storage, and retrieval of firearms and other evidence. Train staff, implement quality control measures, and enhance technological capabilities.

3. Community Engagement: Concurrently, IPD will launch community outreach to raise awareness of the importance of secure firearm storage.

IPD staff will organize distribution events for gun locks in collaboration with local partners. Educational media resources will be developed and disseminated, including brochures and social media content, to promote responsible gun ownership and storage practices.

Project Funding and Sustainability:

Given the absence of local budget funding, IPD is actively pursuing external funding opportunities to support the project. This initiative is part of a larger endeavor to rebuild and reorganize the evidence room. Grant opportunities and partnerships with relevant stakeholders will be leveraged to secure funding for both immediate and future needs.

The project to enhance firearms security and community safety represents a proactive and comprehensive approach to addressing critical deficiencies in evidence management and promoting responsible gun ownership practices. Through strategic investments in infrastructure, technology, and community engagement, IPD aims to safeguard public safety and strengthen community partnerships. By prioritizing transparency, accountability, and proactive risk mitigation, IPD seeks to set a benchmark for excellence in firearm management within law enforcement agencies.

Organizational
Capacity and
Coordination
The project will be operated completely by existing staff resources: a 1.0 FTE Community Services Officer, and a 0.5 FTE Reserve Police Officer.

Currently, the Police Department Evidence Room is managed by a 0.5 FTE Retired Annuitant Police Sergeant, Rudy Gatto, and a 0.5 FTE Community Services Officer, Andrea Jaramillo. As part of the FY 2024-25 municipal budget, IPD has requested funding to create a 1.0 FTE Police Administrative Assistant. If approved, CSO Jaramillo is projected to compete for and win the new position. Sgt. Gatto’s position will transition to a 0.5 FTE Reserve Police Officer. As an RPO Gatto will continue his work in the Evidence Room and manage the complete replacement and upgrade of all storage systems in the room. This grant project is part of the larger replacement/upgrade room project. Previous to his retirement, Sgt. Gatto’s position was the Detective Bureau Supervisor, which included management of the Evidence Room. Sgt. Gatto lends his expertise to the evidence room project, and CSO Jaramillo is responsible for the day-to-day management of the room.

The project will be managed and supervised by Detective Bureau Sergeant Greg Gomez and overseen by Operations Division Lieutenant Jose Vargas. Chief of Police Chris Hofford will make all final decisions. The Evidence Room is organized operationally under the Detective Bureau, thus it is under Sgt. Gomez’s supervision. The project will be managed by the Operations Division Lieutenant, Jose Vargas. Lt. Vargas oversees the Patrol and Detective Bureaus. The Evidence Room falls within his command.

Project Evaluation
and Monitoring
The project's objectives are primarily focusing on the acquisition and installation of the required equipment, meticulous placement of firearms into the new storage solution, and procuring and providing gun locks to individuals and businesses in the community.

This project aims to quantify the total number of firearms, currently in possession, and implement measures to ensure their safe and effective management. Approximately 80% of these firearms are recorded in an outdated system. The project involves transferring them to a new and upto-date system and implementing a new physical storage system. The project's goal is to develop a more efficient and effective firearm inventory management system, promoting safety and accountability. Additionally, post-installation evaluations are conducted to gauge the functionality and efficacy of the new gun locker systems. Continuous monitoring of the effectiveness of implemented standardized procedures is vital. Regular reviews and feedback sessions with evidence room staff are conducted to assess the impact and identify operational challenges. This iterative process enables the identification and resolution of issues encountered during implementation, ensuring ongoing optimization.

Success will be gauged through the successful retention of firearms while under possession and their seamless return to rightful owners upon release and the distribution of gun locks. The goal is to distribute gun locks to anyone in the community who would like one. These outcome assessments are tangible indicators of the project's efficacy and alignment with overarching objectives.

Monitoring activities are seamlessly integrated throughout the project's lifecycle, spanning various phases including start-up, implementation, and service delivery periods. Daily oversight by the Detective Bureau Sergeant ensures real-time monitoring of project activities, with weekly updates provided to the Operations Division Lieutenant. This hierarchical reporting structure ensures transparency, accountability, and proactive problemsolving. Ultimately, overarching project management falls under the purview of the Chief of Police, ensuring strategic direction and alignment with organizational goals.

Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission, the Budget Attachment will become Section 5: Proposal Budget (Budget Tables and Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Tables and Narrative. The grant budget must cover the entire grant period.

Funding information is available on pages 7-8 of the Byrne SCIP Instruction Packet. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a standalone document on the BSCC website at the Byrne SCIP website.

Byrne SCIP Budget Attachment
Byrne-SCIP-RFP-Budget-Attachment.xlsx

SECTION 4 -

MANDATORY

ATTACHMENTS
This section lists the attachments that are required at the time of submission. Project Work Plan (Attachment G) Key Partner Commitment Form, if applicable (Attachment C) Criteria for Non-Governmental Organizations Receiving Subawards (Attachment D) Governing Board Resolution – (not required at time of submission; however, must be submitted if awarded grant funds.) (Attachment E) Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment F)
Project Work Plan (Attachment G)
Irwindale_SCIP_Work_Plan.docx
Key Partner
Commitment Form, if
applicable
(Attachment C)
Criteria for Non-Governmental Organizations Receiving Subawards (Attachment D) Criteria-for-Non-Govermental-Organizations-Receiving-Subawards.pdf OPTIONAL:

Governing Board
Resolution
(Attachment E)
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Attachment F)
Certification-of-Compliance-with-BSCC-Policies-Regarding-Debarment.pdf OPTIONAL:

Bibliography

CONFIDENTIALITY
NOTICE:

All documents submitted as a part of the Byrne State Crisis Intervention Grant proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)

Grant Funds
$0
$6,581
$0
$0
$18,639
$1,328
$0
$0
$26,548
Grant Funds
$26,352
$45,000
$0
Salaries and Benefits Narrative:

Grant Funds
$17,500
$795
$5,786
$6,581
Quantity 250. Pricing based on vendor estimates + 10% sales tax Gun Lock Boxes for community distribution Quantity 250. Pricing based on vendor estimates + 10% sales tax Services and Supplies Narrative:

Day-to-day project contact, Sgt. Gatto, elicitied mulitple quotes and estimates from vendors in order to develop the budget. The 15" cable gun locks were quoted between $2.89 each + tax and the lock boxes were quoted at $21.04 each + tax. These are consistent with market rate. These quotes from vendors were used to calculate the budget and grant proposal. Irwindale PD is committed to a competitive procurement process, including sending out an RFP and negotiating with vendors in order to achieve the best possible balance between quality and price.

TOTAL
TOTAL
Example: Supportive Services (bus passes, gas card

2. Services and Supplies
Description of Services or Supplies
Cable Gun Locks for community distribution
Calculation for Expenditure
$350 x 50 Participants

3. Professional Services

4. Non-Governmental Organization (NGO) Subgrantees

5. Equipment/Fixed Assets
Title
Example (Hourly): Fiscal Manager
Example (FTE): Counselor

1. Salaries and Benefits

6. Data Collection, Reporting and Evaluation
Must be at least 5 percent of the total grant award

7. Other (Travel, Training, etc.)

8. Indirect Costs
TOTAL
(% FTE or Hourly Rate) & Benefits
$60/hour x 10 hours/month x 3 years = $21,600 + benefits @ 22% = $4,752 .25 FTE @ $60,000 x 3 years = $45,000
Project Budget and Budget Narrative
Byrne SCIP Applicant:

Project Budget
Note: This table will auto-populate based on the information entered in the sections below.

Budget Line Item

1. Salaries and Benefits

2. Services and Supplies

Description of Professional Service(s) Grant Funds
$0
Description of Subcontract Grant Funds
$11,250
$0
Description of Equipment/Fixed Asset Grant Funds
$24,000
$13,979
$4,660
$18,639
Grant Funds
$10,329
$1,328
Description
Example: Data Collection & Reporting Efforts @ 5%
TOTALS
Data Collection & Reporting Efforts @ 5%
As with the Supplies, day-to-day project contact, Sgt. Gatto, elicitied mulitple quotes and estimates from vendors in order to develop the budget. The evidence room lockers, all 4 together, will total $18,634.54 + tax according to the quotes received. As mentioned above, Irwindale PD is committed to a competitive procurement process, including sending out an RFP and negotiating with vendors in order to achieve the best possible balance between quality and price.

6. Data Collection and Progress Reporting
Must be at least 5 percent of the total grant award
Equipment/Fixed Assets Narrative:

Example: Purchase of Vehicle
Non-pass-through firearm evidence lockers
Pass-through firearm evidence locker
Toyota Prius @ Market Value
Calculation for Expense
Quantity 3. Pricing based on vendor estimates + 10% sales tax Quantity 1. Pricing based on vendor estimates + 10% sales tax Non-Governmental Organizations (NGO) Subgrantees Narrative:

5.Equipment/Fixed Assets
TOTALS

4. Non-Governmental Organizations (NGO) Subgrantees
Example: Private Industrial Council
Calculation for Expenditure
Training Class $450 x 25 participants
Professional Services Narrative:

TOTAL

3. Professional Services
Example: Public Defender
Calculation for Expenditure
Statewide Program Rate

$1,328
Grant Funds
Example: Training Classes $15,000
$0
Grant Funds
$26,548 $0

10.00% $7,909 $791
$0
Indirect Costs Narrative:

TOTAL
Option 1) Indirect costs will be charged using a Federally approved Negotiated Indirect Cost Rate (NICR). Enter your approved NICR percentage as a number (e.g., 25, 31,

32.25) in cell E277. Your project indirect costs cannot exceed the total shown in cell G277. If using Option 1, enter the amount to be charged to indirect costs in cell H277. *If the amount entered in H277 turns red, please adjust it to not exceed the line item limit noted in G277
Option 2) Indirect costs will be charged using the Federal De Minimis, 10% of Modified Total Direct Costs, calculated as 10% multiplied by ( total direct costs, minus equipment, plus up to the first $25,000 of each subcontract (cell F278)). If using the Federal De Minimus, your project indirect costs cannot exceed the total shown in cell G278. If using Option 2, enter the amount to be charged to indirect costs in cell H278. *If the amount entered in H278 turns red, please adjust it to not exceed the line item limit noted in G278
Description
Other (Travel, Training, etc.) Narrative:

TOTAL

8. Indirect Costs
For this grant program, indirect costs may be charged using only one of the two options below:

7. Other (Travel, Training, etc.)
Calculation for Expense
$500/partipant x 30 participants
Data Collection and Progress Reporting Narrative:

Must be at least 5 percent of the total grant award
Data Collection and Reporting is budgeted at 5% of the total and will be performed by the day-to-day program contact TOTAL

Byrne SCIP Applicant Agency:

Total Grant Award
$26,548
$26548
$26,548
Grant Funds
$0
$6,581
$0
$0
$18,639
$1,328
$0
$0
$26,548

5. Equipment/Fixed Assets

6. Data Collection, Reporting and Evalutation
Must be at least 5 percent of the total grant award

7. Other (Travel, Training, etc.)
TOTAL

8. Indirect Costs

4. Non-Governmental Organization (NGO) Subgrantees
Total Grant Funds
Requested

1. Communication, Education, Outreach and Public Awareness

2. Behavioral health deflection for those at risk to themselves or others PPA allocations must equal the total grant funds requested*: Totals * If PPA allocation totals show as red font, they do not equal the amount of grant funds requested as required.

Project Budget Table
Budget Line Item

1. Salaries and Benefits

2. Services and Supplies

3. Professional Services

3. Funding for law enforcement agencies to safely secure, store, track, and return relinquished guns
Program Purpose Area Funding Table
Section 5: Project Budget and Budget Narrative
Program Purpose Area Allocations
Applicants must allocate all Byrne SCIP grants funds to one or more of the Program Purpsose Areas (PPA) as described in the Request for Proposal. No Byrne SCIP funds may be expended outside of the SCIP PPAs. For the purposes of proposal scoring, no PPA shall carry more weight than another. The totals for the Program Purpose Area (PPA) Funding Table must equal the total grant funds requested.

City of Irwindale
BSCC 1305-24

APPENDIX A: BYRNE SCIP ADVISORY BOARD ROSTER
Name Title Organization/Agency
1 Linda Penner (Chair) Chairperson Board of State and Community Corrections
2 Juan Avila Chief Operating Officer
(Victim Services) Garden Pathways
3 Cindy Chavez Supervisor Santa Clara County Supervisor 4 Norma Cumpian Director, Women’s Department
(Community) Anti-Recidivism Coalition (ARC)
5 Andrea Dauber-Griffin Senior Executive Director
(Behavioral Health Providers) Neighborhood House Association 6 Shannon Dicus Sheriff
(Law Enforcement) San Bernardino County
7 Dean Growdon Sheriff
(Law Enforcement) Lassen County
8 Kirk Haynes Chief Probation Officer
(Law Enforcement) Fresno County
9 Jeffrey Macomber Secretary
(Law Enforcement)
California Department of
Corrections and Rehabilitation
10 Andrew Mills Chief of Police
(Law Enforcement) City of Palm Springs
11 Nancy O’Malley District Attorney (Retired)
(Prosecution) Alameda County
12 Alan Slater Chief Executive (Retired)
(Courts) Orange County
13 Jason Johnson
Director, Division of Adult
Parole Operations
(Law Enforcement)
California Department of
Corrections and Rehabilitation
14 Eloisa Tuitama Staff Counsel
(Legal Counsel)
Board of State and Community
Corrections
15 Angeles Zaragoza Attorney Los Angeles County Alternate Public Defender’s Office

Byrne State Crisis Intervention Program Grant
Instructions: For the purposes of this RFP, “Key Partner” means an indispensable agency or entity, named in the proposal, that the grantee does not have direct control over, that will provide essential services for the grant project. If the success of the grant project depends upon the cooperation of an outside agency or entity, that agency or entity is a key partner. (See RFP for specific examples.) The form must include the name of the agency or entity, a description of the services to be provided, and be signed and dated by an authorized individual representing the agency or entity. Submit one form per partner agency or organization.

This form is required only if there are key partners identified in the Proposal Narrative.

Applicant:

Partner Organization or Agency:

Grant Service Period: July 15, 2024 to September 30, 2026 Services to be Provided by the Partner Organization or Agency during the Grant Period:

Authorized Signature of Partner Organization or Agency (e-signatures accepted):

Title of Individual Signing this Form:

Date Signed:

Attachment C: Sample Key Partner Commitment Form

Required Attachment: Applicants will be prompted to upload this document from the Byrne SCIP webpage to the BSCC Submittable Application portal.

Byrne SCIP applicants must complete a Project Work Plan, using the format below. Completed Project Work Plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals, objectives, and measures with a clear relationship to the need and intent of the grant. (1) Goal: > Procurement and Installation of New Gun Lockers Objectives (A., B.,
C…):

A. Secure funding for the procurement and installation of high quality gun lockers within the evidence room.

B. Ensure compatibility, reliability, and cost-effectiveness of selected gun locker vendors.

C. Minimize disruption to evidence management operations during the installation process.

Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start
Date
End
Date

1. Assess storage systems, plan procurement, and coordinate installation.

2. Research vendors, negotiate contracts, and train staff on new systems.

3. Monitor procurement progress, communicate updates transparently, and conduct post-installation evaluations.

1. Sgt. Gatto & CSO
Jaramillo

2. Sgt. Gatto & CSO
Jaramillo

3. Sgt. Gatto & CSO
Jaramillo
09/2024 12/2025
List data and sources to be used to measure outcomes:
• Procurement records documenting vendor selection, contract negotiations, and budget allocation. • Staff feedback and training evaluations regarding the usability and functionality of the new gun locker systems. • Incident reports and evidence management audits to monitor improvements in firearm storage security and organization. (2) Goal: > Utilize the new storage system to develop improved methodology for the tracking and returning of relinquished firearms Objectives (A., B.,
C...):

A. Implement improved tracking and organization methodologies for firearms and other evidence within the evidence room.

B. Enhance inventory management capabilities to ensure accurate and efficient tracking of firearm C. Develop standardized procedures to facilitate the identification of firearm ownership and enhance accountability.

Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start End
Attachment G: Project Work Plan Instructions

Date Date

1. Develop and implement standardized protocols and procedures for the tracking, storage, and retrieval of firearms and other evidence.

2. Train staff, implement quality control measures, and enhance technological capabilities.

3. Monitor effectiveness, address challenges, and foster continuous improvement.

1. Sgt. Gatto & CSO
Jaramillo

2. Sgt. Gatto & CSO
Jaramillo

3. Sgt. Gomez
07/2024 12/2024
List data and sources to be used to measure outcomes:
• Internal audits and compliance checks to evaluate the accuracy and completeness of firearm and evidence records. • Training records and staff feedback surveys assessing the effectiveness of training programs and the adoption of new procedures. • Operational metrics, such as retrieval times and error rates, to measure the impact of improved tracking and organization methodologies on evidence room efficiency and performance.
(3) Goal: > Safe and secure firearms storage for community members Objectives (A., B.,
C…):

A. Distribute gun locks to community members to promote safe storage practices and reduce unauthorized access to firearms.

B. Develop online and physical media resources on responsible gun ownership and storage.

C. Increase community awareness of the importance of secure firearm storage and prevention of firearm-related incidents.

Project activities that support the identified goal and objectives: Responsible staff/ partners
Timeline
Start
Date
End
Date

1. Procure gun locks from vendors in a competitive process involving multiple bids

2. Organize and coordinate distribution events at strategic locations for gun owners in the community to recieve gun locks

3. Create and disseminate educational media resources, including brochures and social media content, on responsible gun ownership and storage practices.

1. Sgt. Gatto & CSO
Jaramillo

2. Sgt. Gatto & CSO
Jaramillo

3. Sgt. Gatto & CSO
Jaramillo
09/2024 09/2025
List data and sources to be used to measure outcomes:
• Distribution records documenting the number of gun locks distributed, the names and contact info, and the demographics of recipients. • Social media analytics and physical media distributed to assess the reach and effectiveness of outreach efforts.

Item #19.F.

Date: January 8, 2025
To: Honorable Mayor and Members of the City Council
From: Adrian R. Guerra, City Attorney
Issue: City Manager Employment Agreement Amendment
City Manager's Recommendation:

That the City Council adopt Resolution No. 2025-09-3597, approving the attached Second Amendment to the City Manager’s employment agreement, subject to City Attorney approval as to form; or provide alternative direction to staff regarding the attached employment agreement amendment.

Administrative Action:

Submitted / Prepared by:

Adrian R. Guerra, City Attorney
Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Adrian R. Guerra, City Attorney

Background and Analysis:

On February 14, 2022, Julian Miranda commenced services as the City Manager of the City of Irwindale (“City”), pursuant to the City of Irwindale City Manager Employment Agreement (“Agreement”) between the Employee and the City. On March 8, 2023, the City Council approved moving Mr. Miranda from salary Step C to Step D pursuant to Section 2.2 of the Agreement. On August 28, 2024, the City Council approved the First Amendment to the Agreement (“First Amendment”), approving a five percent (5%) cost of living adjustment and providing for certain benefits specified in the First Amendment.

The City Council and Mr. Miranda now desire to enter into a second amendment to the Agreement

(“Second Amendment”). The Second Amendment, if approved, would do the following:
i. Provide a base salary increase from city manager salary Step D to Step E effective February 14, 2025, to a base annual salary of $266,199.
ii. Provide a four percent (4%) base salary increase as a cost of living adjustment effective the first full payroll period on or after July 1, 2025, to a base annual salary of $276,846.00. iii. Extend the term of the Agreement, which currently expires on February 13, 2025, by approximately one year until February 15, 2026.
iv. Revise language pertaining to Employee’s retiree medical benefit, to reflect that CalPERS may determine Employee’s hire date for purposes of retiree medical to be before January 1, 2011. (Pursuant to the Agreement, Mr. Miranda is provided retiree medical equivalent to Unclassified Management Employees under the City’s benefits resolution for these employees, which differs depending on hire date. The Agreement currently contemplates that for purposes of retiree medical, Mr. Miranda’s hire date would be considered to be on or after January 1, 2011. Based on information provided by CalPERS, CalPERS may determine the hire date for purposes of retiree medical to be before January 1, 2011. However, no final determination by CalPERS is expected to be made until Mr. Miranda’s retirement.)
v. Revise language pertaining to Employee’s CalPERS retirement formula to reflect that CalPERS may determine Employee’s hire date for purposes of his retirement formula to be before January 1, 2011. (Based on information provided by CalPERS, the City believes that CalPERS may determine the hire date for purposes of Mr. Miranda’s retirement formula to be before January 1, 2011. However, no final determination by CalPERS is expected to be made until Mr.

Miranda’s retirement.)
vi. Provide that Mr. Miranda will pay an additional one percent (1%) as CalPERS cost sharing effective the first full payroll period on or after July 1, 2025, for a total employee contribution of eight percent (8%).

California Government Code section 54953(c)(3) requires an oral report in an open meeting summarizing the proposed final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a City Manager. Accordingly, the terms of the Second Amendment outlined above will be orally summarized at the January 8, 2025 Council meeting.

Fiscal Impact:

If the Second Amendment is approved, then the City will pay Mr. Miranda an annual salary as described above.

Funding for the City Manager position was budgeted in the City’s 2024-25 FY budget, and no appropriations are required to cover the cost.

Attachments:

1. City Manager Employment Agreement and First Amendment

2. Resolution No. 2025-09-3597 Approving Second Amendment to City Manager Employment Agreement

3. Second Amendment to City Manager Employment Agreement

CITY OF IRWINDALE

CITY MANAGER

EMPLOYMENT AGREEMENT
This CITY MANAGER EMPLOYMENT AGREEMENT (" Agreement") is entered into and made effective the 26th day of January, 2022, by and between the CITY OF IRWINDALE, a charter city and municipal corporation (" City") and Julian A. Miranda, an individual (" Employee").

RECITALS
WHEREAS, the City Council now desires to appoint Employee to serve in the position of city manager for the City, which position is prescribed by state law and the City' s Charter and Municipal Code, and to retain his services as Executive Director of the Successor Agency to the Former Irwindale Community Redevelopment Agency, Housing Authority, and Reclamation Authority, and such other agencies of the City to which he may be appointed from time -to -time; and
WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the powers and duties of the city manager of the City are set forth in Irwindale Municipal Code Section 2.08. 050; and
WHEREAS, Irwindale Municipal Code Section 2. 08.020 provides in part that appointments to the position of city manager " shall be made by the council upon the basis of the individual' s executive and administrative qualifications, with special reference to his actual experience in, or knowledge of, accepted practices with respect to municipal government;" and WHEREAS, based on Employee' s executive and administrative qualifications and experience in and knowledge of municipal government, the Council desires to employ Employee to serve as the city manager for the City; and
WHEREAS, Employee desires to accept employment as such from City and to perform and assume responsibility for the provision of city manager services to the City and its related agencies.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:

AGREEMENT

1. 0 EMPLOYMENT & DUTIES

1. 1 Duties. City hereby employs Employee as city manager for the City to perform the functions and duties of the city manager, as specified in the City' s Charter and Municipal Code and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time -to -time, direct or assign. Employee acknowledges that the assigned duties shall also include services to the Successor Agency to the Former Irwindale Community Redevelopment Agency, Housing

Authority, and Reclamation Authority. Employee shall devote his best efforts and full-time attention to performance of these duties.

1. 2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of city manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time -to -time ( currently 7: 30 a. m. to 6: 00 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours.

Notwithstanding the foregoing, the City will permit Employee such reasonable " time off' as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee' s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1. 3 Other Activities. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict -of -interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of city manager.

1. 4 Employment Status. Upon appointment to the city manager position, Employee shall serve at the will and pleasure of the City Council and understands that he shall be an " at -will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so- called due process pre -disciplinary " Skelly" hearing. The City may terminate Employee at any time in accordance with Section 3. 4 below.

1. 5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of his duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by a) law, ( b) any governmental agency, ( c) subpoena, or ( d) an order issued by a court of competent jurisdiction.

1. 6 Exclusion from Competitive Service. Employee understands, acknowledges and agrees that he is exempt from the City' s competitive service system pursuant to Irwindale Municipal Code § 2. 13. 050( F).

1. 7 FLSA Exempt Status. Employee agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

2. 0 COMPENSATION AND REIMBURSEMENT

2. 1 CoMpensation. For the services rendered pursuant to this Agreement, Employee' s initial base annual compensation shall be Two Hundred and Sixteen Thousand Seven Hundred and Fifty Two Dollars and No Cents ($ 216, 752. 00) annually (" Salary") ( equivalent to salary range 88, Step C), which shall be paid on a pro -rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers' compensation, and other payroll -related liability costs.

2. 2 Annual Salary Review. The City Council and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section

5. 2. For the salary review occurring after Employee' s first full year of employment as city manager, in the event Employee has achieved the goals established for him by the City Council as determined by the City Council in its discretion, then Employee will be provided a five percent 5%) base salary increase. For the salary review occurring after Employee' s second full year of employment as city manager, in the event Employee has achieved the goals established for him by the City Council as determined by the City Council in its discretion, then Employee will be provided a five percent ( 5%) base salary increase. Adjustments in the base salary and/or benefits following Employee' s annual performance evaluations shall be at the sole discretion of the City Council.

2. 3 Cost of Living Adjustments,. Employee shall be entitled to so- called cost of living adjustments (" COLA") to the Salary, as received by Unclassified Management Employees under Resolution 2021- 116- 3238, A Resolution Adopting A Schedule of Salaries and Benefits for Unclassified Management Employees (" Department Head Benefits Resolution"), as it may be amended from time to time for all Unclassified Management Employees. The COLA, if any, shall be considered separate from the adjustment of Salary based upon Employee' s performance, following the annual performance reviews performed in accordance with Section 5. 2 of this Agreement.

3. 0 TERM

3. 1 Commencement & Effective Date. Employee shall commence his services hereunder at 12: 01 a.m. Pacific daylight savings time on February 14, 2022 or such earlier date upon which the City Council and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement (" Effective Date").

3. 2 Term. The term of this Agreement will be for three ( 3) years following the Effective Date (" Term") ( i.e. until 11: 59 p.m. on February 13, 2025) and, thereafter, the term of this Agreement may be extended for such an additional term( s) as Employee and City Council mutually deem appropriate, as evidenced by a writing signed by both parties.

3. 3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least thirty ( 30) days' advance written notice. In the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay.

3. 4 Termination by Cit . The City Council may terminate this Agreement at any time with or without cause, by providing written notice of the reason( s) as provided in (a) and b) below. The City Council' s right to terminate Employee pursuant to this Section 3. 4 shall not be subject to or in any way limited by the City' s Personnel Rules or past City practices related to the employment, discipline or termination of the City' s employees. Employee expressly waives any Page 125 of 339 rights afforded under City' s personnel system or policies, Personnel Rules, and any rights afforded to Employee under the Irwindale Municipal Code ( including Chapter 2.08) or under State or Federal law, including Government Code §§ 54950 et seq. (" Brown Act"), to any form of pre- or post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline or termination, except as expressly provided in this Agreement and those rights Employee may have under the California or United States constitutions to a name -clearing hearing.

Such rights waived include the right under the Brown Act ( Government Code § 54957( b)) to have complaints or charges against an employee heard in a public session upon Employee' s request.

Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of city manager. Upon appointment to the city manager position, Employee remains an at -will employee serving at the pleasure of the City Council. a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five ( 5) business days' written notice of the termination for cause and the facts and grounds constituting such cause. The term " cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following; 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Resume fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude ( i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California Iaw, 6) Violation of the City' s anti -harassment policies and/ or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City' s Charter, Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City' s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassinent or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, 13) " abuse of office or position" as defined in Government Code § 53243. 4 ( i.e., waste, fraud, and violation ofthe law under color of authority and crimes against public justice, including crimes involving bribery and corruption), or 14) any similar cause. For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
b) Termination by City Council Without Cause. For the purposes of complying with Irwindale Municipal Code Section 2. 08. 070, by providing Employee at least thirty 30) days' prior written notice thereof, the City Council may terminate Employee without cause, including based upon management reasons. If the City terminates this Agreement without cause, the City may, in its discretion, place Employee on paid administrative leave until the effective date of his termination. In the event Employee is terminated without cause, Employee expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4. 1 below.

3. 5 Limitation on Termination Following Election. For the purposes of complying with Irwindale Municipal Code Section 2. 08. 080, Employee shall not be removed from office, other than for cause as defined in Section 3. 4( a) above, during or within a period of thirty 30) days next succeeding any general municipal election held in the City, at which election a member of the City Council is elected. After the expiration of said thirty ( 30) day period, the City Manager may thereafter be removed without cause as provided in Section 3. 4( b).

4. 0 SEVERANCE

4. 1 Severance Pay. In the event Employee is terminated without cause and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to his monthly base salary ( as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by six ( 6), less applicable deductions and excluding deferred compensation or the value of any other benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary ( excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. ( For example, if termination occurs with two ( 2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the six ( 6) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3. 4( a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4. 1 above. As provided in Section 3. 3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4. 1 above.

4. 3 Sole Rim. The severance rights provided in this Section 4. 0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard " Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit " C."

5. 0 PERFORMANCE EVALUATIONS

5. 1 Pu pose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1. 4 above), nor shall this Section 5. 0 be construed as requiring cause" to terminate this Agreement, or the services of Employee hereunder.

5. 2 Annual Evaluation. The City Council shall review and evaluate the performance of Employee annually within thirty ( 30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the City Council' s consideration, no later than December 1 of each year of the term ofthis Agreement, Employee' s proposed annual performance goals and objectives and incorporate the City Council' s suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5. 1 above.

5. 3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two ( 2) weeks following the conclusion of the review and evaluation process, and may, at his its discretion,

schedule at least one ( 1) closed personnel session with Employee to deliver and discuss the evaluation.

6. 0 BENEFITS

6. 1 Automobile Allowance. City shall provide Employee with a City vehicle, fuel and maintenance, for official and personal use. Employee understands that any applicable taxes are his responsibility to pay and not covered by the City.

6. 2 Cell Phone. City shall provide a City -owned cell phone for City -related business and functions during, before and after normal work hours. Employee understands that any applicable taxes are his responsibility to pay and not covered by the City.

6. 3 Computer Loan Program. If desired by Employee, the City will provide an interest -free loan to Employee for his purchase of computer equipment and software, subject to City Council approval, up to a maximum of $3, 000 for the first computer loan and $ 2, 000 every two years thereafter. Any loans shall be repaid by Employee within 24 months, and repayment must be made through payroll deductions on a bi-weekly basis. In the event of termination of this Agreement for any reason, the balance of any loan shall be due immediately to the City as of the effective date ofthe termination of the Agreement.

6. 4 Bilingpal Pay. The City shall pay Employee an additional two and onehalf percent ( 21/ z%) of his Salary as bilingual pay incentive upon passing an appropriate verbal bilingual exam as determined by the City, if Employee is proficient in Spanish and/ or American Sign Language and is required to use such language( s) during the course of City business. This compensation will be paid out over twenty- six ( 26) bi-weekly pay periods in a calendar year.

6. 5 Medical, Dental, Vision and Other Insurance. The City shall provide to Employee the same group medical, dental, and vision insurance plans offered to Unclassified Management Employees under the Department Head Benefits Resolution, as it may be amended from time to time. The City shall provide and pay for a life insurance policy for Employee with coverage in the amount of One Hundred Fifty Thousand Dollars and No Cents ($ 150, 000. 00), as well as coverage for spouse and eligible dependent children in the amount of Five Thousand Dollars and No Cents ($ 5, 000. 00) each. The City shall also provide and pay for an accidental death and dismemberment (" AD& D") insurance policy for Employee only in the amount of One Hundred Fifty Thousand Dollars and No Cents ($ 150, 000. 00).

In the event that Employee can demonstrate, to the satisfaction of the City, that he has obtained substantially equivalent medical, dental and vision coverage through some other insurance plan in lieu of City -provided insurance, then so long as Employee maintains such medical, dental and vision insurance coverage, he shall be entitled to reimbursement from the City of one- half ( 1/ 2) of the average monthly cost to the City for single employee medical coverage only. The City shall have the sole and unfettered right to determine whether Employee has satisfactorily demonstrated substantially equivalent medical, dental and vision coverage, and Employee must, at least annually, provide written proof of such substantially equivalent medical, dental, and vision coverage in a form satisfactory to the City. Any such reimbursement payment described in this paragraph shall be made bi-weekly through the regular payroll system, and such payment shall not add to Employee' s base pay.

Employee shall be provided retiree medical consistent with that provided to Unclassified Management Employees hired on or after January 1, 2011, subject to the terms and qualifications for receipt of such retiree medical benefits afforded to Unclassified Management Page 128 of 339 Employees under the Department Head Benefits Resolution. Accordingly, retiree medical for Unclassified Management Employees hired on or after January 1, 2011 will be implemented in accordance with the CalPERS Health Benefit Vesting Resolution No. 2010-49- 2479, which 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 CaIPERS medical plan. Contribution levels shall be as follows:

Credited Years Percentage
of PERS of
Service (5 of Contribution
which must be
performed at
the City of
Irwindale
10 5'0%
11 55%
12 60%
13 . 65%
14 70°10
15 75%
17 E. 85%.
18 90%
19 95%
20+ 100%
Notwithstanding the foregoing, Employee acknowledges that his hire date for purposes of retiree medical is determined by CalPERS, and that he will be provided retiree medical consistent with Ca1PERS' determination, and applicable laws and regulations, Employee shall be eligible to participate in the City' s Internal Revenue Code section 125 and 129 Flexible Spending Account plans, which are administered through a vendor selected at the City' s sole discretion. The City' s FSA plans presently maintain a cap of Five Thousand Dollars 5, 000) for dependent care expenses and Two Thousand Six Hundred Dollars ($ 2, 650) for health care expenses, which caps may be adjusted based on revisions to IRS regulations. Employee' s

participation in such plans is voluntary and Employee shall be solely responsible for any desired plan contributions. The Parties agree that the City has not provided legal or tax advice to Employee as to whether dependent care and health care expenses are legally tax deductible to or by Employee.

6. 6 PERS. Employee is believed to be a " classic" member of CalPERS and shall participate in the City' s 2% at 55 formula for miscellaneous employees hired on or after January 1, 2011. Such formula is subject to the following CalPERS contract provisions: ( i) Fourth level of 1959 Survivors Program; ( ii) Military service as public service; ( iii) average monthly pay rate and special compensation for highest thirty six ( 36) consecutive months; ( iv) improved nonindustrial disability allowance; ( v) post -retirement survivor allowance; and ( vi) credit for unused sick leave. The City shall pay the full employer CalPERS contribution. The employee contribution of 7% shall be paid by Employee. Notwithstanding the foregoing, Employee acknowledges that his CalPERS member status and applicable retirement formula is determined by CalPERS based on the requirements of the City' s CalPERS contract, the Public Employees Retirement Law and the Public Employees' Pension Reform Act, and that he will be enrolled in the appropriate retirement plan as determined by CalPERS.

6. 7 Deferred Com ensation. Employee may, at his sole cost and expense, participate in the City' s Deferred Compensation Program. The City currently has two plan options under its Deferred Compensation Program: ( a) ICMA- RC, and ( b) the Nationwide Retirement Solutions plans. Employee acknowledges that City does not provide any matching benefits or other payments toward the Deferred Compensation Program.

6. 8 Vacation Leave. Employee shall accrue vacation leave in accordance with the formula below, with an accrual cap of three hundred ( 300) hours, over which he shall receive a cash out at one hundred percent ( 100%) to be included in the second paycheck in January of each year, in order to bring his accrual down to the three hundred ( 300) hour accrual cap. The number of hours accrued bi-weekly, based on full-time continuous service with the City of Irwindale only, is as follows:

Years of Service Hours Accrued Baweekly 5

4. 61` 610 '

4. 923 11 '
S. 231 12 `

5. 539 13 +

6. 154 Accrual
at the next highest incremental rate shall begin with the next pay period following Employee' s anniversary date of commencementoffull-time continuous employment with the City. Upon termination from employment withthe City, earned and unused vacation hours will be paid to Employee at Employee's base hourly rate of pay then in effect. 69 Sick Leave. Employee shall accrue sick leave at the rate of 3.693 hours bi- weekly.

Employee' s use of sick leave shall be as provided inthe Irwindale Personnel Rules. With respect tobuy back of unused sick leave, Employee, upon termination or cash in request, shall be provided sick leave buy back at the following rates:

over 950 hours 25% of total sick leave value
571 - 950 days 50% of total sick leave value
1" 570 hours 75% of total sick leave value
Employee must maintain a minimum balance of 80 hours of sick leave after any cash out of sick leave in order to be eligible for cash out of sick leave.

6. 10 Elective Cash -out of Vacation and Sick Leave. Elective cash -out of vacation and sick leave accruals shall be limited to a maximum of one hundred ( 100) total hours per fiscal 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:

1. 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 end of the calendar year in which Employee wishes to convert such vacation or sick leave.

2. All vacation and/ or sick leave conversion elections are irrevocable and cannot be changed or amended unless rescinded and received in writing by Human Resources no later than December 15th ofthe calendar year prior to conversion.

3. If Employee fails to submit an election by December 15th of the calendar year prior to the conversion, he will not be eligible for vacation and/or sick leave to be converted to cash for that calendar year.

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

5. Employee 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.

6. Employee may not convert sick leave in an amount that would reduce sick leave balance to less than 80 hours.

6. 11 Holidays. Employee shall be entitled to the holidays listed in this Section

6. 11 below. In the event the applicable Department Head Benefits Resolution is amended to include additional holidays, then Employee shall be entitled to such additional holidays as provided to Unclassified Management Employees,

1. New Year' s Day January 1

2. Martin Luther King Jr. Day Third Monday in January

3. President' s Day Third Monday in February

4. Cesar Chavez Day March 31

5. Memorial Day Last Monday in May

6. Independence Day July 4

7. Labor Day First Monday in September

8. Veteran' s Day November 11
9, Thanksgiving Day Fourth Thursday in November

10. Day After Thanksgiving Day Fourth Friday in November Page 131 of 339

11. Christmas Eve ( 1/ 2 Day) December 24

12. Christmas December 25

13. New Year's Eve ( 1/ 2 Day) December 31

6. 12 FloatingHoliday. oliday. Employee shall be provided a total holiday leave bank for the calendar year of one hundred forty ( 140) hours per year for holidays, reduced by the number of scheduled holiday hours for that calendar year. ( At the beginning of each calendar year, the City will determine and distribute its holiday schedule. When any of the holidays fall on a regular work day Monday -Thursday) or a Sunday holiday which is celebrated on the following Monday, ten ( 10) hours will be deducted from the holiday bank of one hundred forty ( 140) hours for each such holiday ( with

5. 0 hours to be deducted for 1/
2 day holidays). In no event will such deduction result in a negative holiday bank account balance. Employee will be then be credited with the balance, if any, of the remaining holiday bank hours which may be used as floating holiday time in a manner similar to that of vacation time.)
All floating holiday time must be used in the calendar year in which it was credited to Employee. Any and all unused floating holiday time will be cashed out and included in the second paycheck in January of the following calendar year.

6. 13 Bereavement Leave. Employee shall be entitled to such bereavement leave equal to four (4) days, totaling not more than 40 hours ( 4 days x 10 hours per work day).

6. 14 Administrative Leave. Employee shall accrue administrative leave at the rate of sixty ( 60) hours per year, which hours shall be credited to Employee the first pay period in January of each calendar year. Administrative leave hours shall be used prior to any floating holiday hours and accrued vacation leave hours available to Employee. Administrative leave shall not be carried over from year-to- year. Any and all unused administrative leave hours will be cashed out and included in the first paycheck in January of the following calendar year. Additionally, any unused administrative leave hours shall be cashed out upon separation ofEmployee.

6. 15 Jury. Duty. Employee shall receive full pay and benefits while responding to a
jury summons or serving on a
jury, for up to ten ( 10) working days. Any compensation for such jury duty ( except travel pay) shall be remitted to the City.

6. 16 Witness Leave. If Employee is required to be absent from work by proper subpoena issued by a court or other legally empowered agency, Employee shall be entitled to be absent from work at the Employee' s regular rate of pay, provided that any fees, except mileage, are deposited with the City.

6. 17 EAP Program. The City shall pay the premium for participation in an Employee Assistance Program for Employee and his dependents.

6. 18 State Disability Insurance. Employee will participate in the state - sponsored short-term disability program at no expense to the City.

7. 0 PROFESSIONAL DEVELOPMENT

7. 1 Membership. The City encourages Employee' s continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the City Council.

7. 2 Out -of -Town Meetings & Seminars. The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out-of-town meetings or seminars related to his employment with the City, in accordance with the City' s policies for expense reimbursement. Moreover, to be eligible Employee must have budgeted funds available for same; provided, however, that the City Council may, in his sole discretion, approve such unbudgeted expenditures if he deems it in the best interests ofthe City.

7. 3 Local Meetinjzs & Seminars. The City agrees to reimburse Employee the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to his employment with City in accordance with the City' s policies for expense reimbursement.

7. 4 Incidental Expenses. The City agrees to reimburse Employee the actual cost of those incidental expenses necessarily incurred by Employee while engaged in the business of the City upon the presentation of an appropriate receipt therefor, in accordance with the City' s policies for expense reimbursement.

8. 0 BONDS AND INDEMNIFICATION

8. 1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee' s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8. 2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee' s services under this Agreement.

9. 0 GENERAL PROVISIONS

9. 1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee' s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9. 2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval.

9. 3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows: