Irwindale City Council
June 11, 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

RECLAMATION AUTHORITY
June 11, 2025
SPECIAL MEETING – 5:30 p.m.

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

June 11, 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.

June 11, 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

June 11, 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 Legal Counsel - Anticipated Litigation Initiation of litigation [Pursuant to Government Code Section 54954.5, 54956.9 (d)(4)] Number of Cases: One

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. REPORT FROM THE SPECIAL MEETING HELD MAY 28, 2025

15. CHANGES TO THE AGENDA

June 11, 2025

16. COUNCIL MEMBER TRAVEL REPORTS

17. COUNCILMEMBER COMMENTS

18. INTRODUCTION OF NEW EMPLOYEES/PROMOTIONS

19. PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
A. Proclamation proclaiming Pride Month in the City of Irwindale

20. CONSENT CALENDAR
A. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve
B. Request to Conduct Fireworks Sales – Joseph "Pepe" Miranda Sports Scholarship & Grant Foundation; Columbus Club - Knights of Columbus #5650; and Irwindale Sister City Association Department: City Clerk
Recommendation: Approve the requests of the following non-profit organizations / corporations / associations that meet the criteria established by the Irwindale Municipal Code to conduct fireworks sales, subject to compliance with all City, County and State regulations: Joseph "Pepe" Miranda Sports Scholarship & Grant Foundation; Columbus Club - Knights of Columbus #5650; and Irwindale Sister City Association.

C. Investment Policy Review and Delegation of the Investment Authority (Joint Item with Successor Agency, Housing Authority and Reclamation Authority)
Department: Finance
Recommendation: It is recommended that the City Council/Successor Agency/Housing Authority/Reclamation Authority adopt Joint Resolution No. 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044 entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD REPEALING AND REPLACING RESOLUTION NOS. 2024-35-3512, SA 2024-36-3513, HA 2024-05-143, and RA 2024-03-042 IN THEIR ENTIRETY, AND ADOPTING A

CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER

TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY.” D. Irwindale Chamber of Commerce Services Agreement
Department: Administration
Recommendation: That the City Council approve and authorize the City Manager to execute the "Services Agreement" between the City of Irwindale and the Irwindale Chamber of Commerce beginning July 1, 2025, and expiring on June 30, 2026, or provide further direction.

June 11, 2025

E. Award of Contract for Construction of the FY 24-25 Pavement Rehabilitation Project Department: Engineering
Recommendation: That the City Council (1) authorize the City Manager to enter into an agreement with Sully-Miller Contracting Company in the amount of $568,127.85 for the 2024- 2025 Pavement Rehabilitation Project; (2) approve a 10% construction contingency in the amount of $56,812.80 to cover any unforeseeable conditions that may arise during construction.

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

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

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

June 11, 2025

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

A. Update on the Irwindale Community Foundation Carshow Fundraising Event Department: Administration
Recommendation: That the Irwindale City Council receive an update from the Irwindale Community Foundation regarding the Car Show fundraiser scheduled for September 27, 2025, and provide direction.

B. Discussion Regarding a Potential Retail Corridor Study for Arrow Highway Department: Economic Development
Recommendation: That the City Council discuss initiating a Retail Corridor Study along Arrow Highway and provide direction to staff regarding the next steps, including the scope and objectives.

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

A. Public Hearing for Irwindale Business Center Sewer and Street Lighting Maintenance Assessment Districts
Department: Finance
Recommendation: That the City Council (1) conduct a Public Hearing for public comments; (2) Adopt Resolution No. 2025-50-3638 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2025-2026, BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026, FOR

MAINTENANCE, OPERATION, AND CAPITAL REPLACEMENT OF THE CITY'S SANITATION AND

SEWAGE SYSTEMS WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; and (3) Adopt Resolution No. 2025-51-3639 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2025-2026 BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026, FOR MAINTENANCE OF STREET LIGHTING LOCATED WITHIN THE EXISTING IRWINDALE BUSINESS CENTER STREET LIGHTING MAINTENANCE DISTRICT”.

B. Adoption of the Fiscal Year 2025-26 Budget and Establishing the Appropriations Limit for Fiscal Year 2025-2026
Department: Finance
Recommendation: It is recommended that the City Council, Housing Authority Board and Reclamation Authority Board convene concurrently the duly noticed public hearing on the proposed budget.

Following the conclusion of the public hearing, the City Council should introduce Ordinance No. 798, and all governing boards should adopt their respective resolutions pertaining to the proposed

June 11, 2025

Fiscal Year 2025-2026 Budget, as listed below:

That the City Council introduce City Ordinance No. 798 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026," reading by title only and waiving further reading thereof.

That the City Council adopt Resolution No. 2025-45-3633 entitled: "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-2026"
That the Irwindale Housing Authority adopt Resolution No. HA 2025-04-148 entitled: "A

RESOLUTION OF THE BOARD OF THE IRWINDALE HOUSING AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026"
That the Irwindale Reclamation Authority adopt Resolution No. RA 2025-06-045 entitled: "A

RESOLUTION OF THE BOARD OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026"
C. Site Plan and Design Review (DA) No. 01-2025 5257 Vincent Avenue Department: Community Development
Recommendation: That the City Council consider the Planning Commission’s Resolution No. 852(25), recommending that the City Council approve the proposed Site Plan and Design Review for the construction of exterior building renovations and parking lot redesign; and adopt Resolution No. 2025-48-3636 entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING SITE PLAN AND DESIGN REVIEW (DA) NO. 01-2025 FOR THE

CONSTRUCTION OF AN EXTERIOR BUILDING RENOVATION AND PARKING LOT REDESIGN AT AN EXISTING OFFICE/WAREHOUSE BUILDING LOCATED AT 5257 VINCENT AVENUE, IRWINDALE, CA 91706 (APN:8619-012-049) IN THE M-2 (HEAVY MANUFACTURING) ZONE SUBJECT TO

CONDITIONS AS SET FORTH HEREIN AND MAKING FINDINGS IN SUPPORT THEREOF AND FINDING

THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301”

24. CITY MANAGER’S REPORT

25. 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.

26. ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY

27. AB 2449 DISCLOSURES

June 11, 2025

Remote participation by a member of the legislative body for just cause or emergency circumstances

28. CONSENT CALENDAR
A. Investment Policy Review and Delegation of the Investment Authority (Joint Item with Successor Agency, Housing Authority and Reclamation Authority)
Department: Finance
Recommendation: It is recommended that the City Council/Successor Agency/Housing Authority/Reclamation Authority adopt Joint Resolution No. 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044 entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD REPEALING AND REPLACING RESOLUTION NOS. 2024-35-3512, SA 2024-36-3513, HA 2024-05-143, and RA 2024-03-042 IN THEIR ENTIRETY, AND ADOPTING A

CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER

TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY.”

29. 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.

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

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

32. ADJOURN

HOUSING AUTHORITY

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

34. CONSENT CALENDAR
A. Acquisition of 4846 Irwindale Avenue, Irwindale CA
Department: Finance
Recommendation: That the Housing Authority Board adopt HA Resolution No. 2025-05-149: “A RESOLUTION OF THE IRWINDALE HOUSING AUTHORITY APPROVING THE ACQUISITION OF 4846

IRWINDALE AVENUE, IRWINDALE, CA AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE

June 11, 2025

PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS AND APPROVING THE APPROPRIATION OF FUNDS FROM LOW- AND MODERATE-INCOME HOUSING ASSET FUND (12)." B. Investment Policy Review and Delegation of the Investment Authority (Joint Item with Successor Agency, Housing Authority and Reclamation Authority)
Department: Finance
Recommendation: It is recommended that the City Council/Successor Agency/Housing Authority/Reclamation Authority adopt Joint Resolution No. 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044 entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD REPEALING AND REPLACING RESOLUTION NOS. 2024-35-3512, SA 2024-36-3513, HA 2024-05-143, and RA 2024-03-042 IN THEIR ENTIRETY, AND ADOPTING A

CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER

TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY.”

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

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

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

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

A. Adoption of the Fiscal Year 2025-26 Budget and Establishing the Appropriations Limit for Fiscal Year 2025-2026
Department: Finance
Recommendation: It is recommended that the City Council, Housing Authority Board and Reclamation Authority Board convene concurrently the duly noticed public hearing on the proposed budget.

Following the conclusion of the public hearing, the City Council should introduce Ordinance No. 798, and all governing boards should adopt their respective resolutions pertaining to the proposed Fiscal Year 2025-2026 Budget, as listed below:

That the City Council introduce City Ordinance No. 798 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026," reading by title only and waiving further reading thereof.

That the City Council adopt Resolution No. 2025-45-3633 entitled: "A RESOLUTION OF THE CITY

June 11, 2025

COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-2026"
That the Irwindale Housing Authority adopt Resolution No. HA 2025-04-148 entitled: "A

RESOLUTION OF THE BOARD OF THE IRWINDALE HOUSING AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026"
That the Irwindale Reclamation Authority adopt Resolution No. RA 2025-06-045 entitled: "A

RESOLUTION OF THE BOARD OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026"

38. ADJOURN

RECLAMATION AUTHORITY

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

40. CONSENT CALENDAR
A. Minutes of the Regular Meeting held March 12, 2025
Department: City Clerk
Recommendation: Approve
B. 2025 2nd Quarter Mining Report of Nine (9) SMARA Pits Department: Engineering
Recommendation: Receive and file this report.

C. Investment Quarterly Report for Fiscal Quarter Ending March 31, 2025 Department: Finance
Recommendation: That the Reclamation Authority Board receive and file the Investment Quarterly Report for the fiscal quarter ending March 31, 2025.

D. Investment Policy Review and Delegation of the Investment Authority (Joint Item with Successor Agency, Housing Authority and Reclamation Authority)
Department: Finance
Recommendation: It is recommended that the City Council/Successor Agency/Housing Authority/Reclamation Authority adopt Joint Resolution No. 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044 entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE, SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD REPEALING AND REPLACING RESOLUTION NOS. 2024-35-3512, SA 2024-36-3513, HA 2024-05-143, and RA 2024-03-042 IN THEIR ENTIRETY, AND ADOPTING A

CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO THE CITY TREASURER

June 11, 2025

TO INVEST THE SURPLUS FUNDS OF THE CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY.”

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

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

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

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

A. Adoption of the Fiscal Year 2025-26 Budget and Establishing the Appropriations Limit for Fiscal Year 2025-2026
Department: Finance
Recommendation: It is recommended that the City Council, Housing Authority Board and Reclamation Authority Board convene concurrently the duly noticed public hearing on the proposed budget.

Following the conclusion of the public hearing, the City Council should introduce Ordinance No. 798, and all governing boards should adopt their respective resolutions pertaining to the proposed Fiscal Year 2025-2026 Budget, as listed below:

That the City Council introduce City Ordinance No. 798 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026," reading by title only and waiving further reading thereof.

That the City Council adopt Resolution No. 2025-45-3633 entitled: "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-2026"
That the Irwindale Housing Authority adopt Resolution No. HA 2025-04-148 entitled: "A

RESOLUTION OF THE BOARD OF THE IRWINDALE HOUSING AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026"
That the Irwindale Reclamation Authority adopt Resolution No. RA 2025-06-045 entitled: "A

RESOLUTION OF THE BOARD OF THE IRWINDALE RECLAMATION AUTHORITY ADOPTING THE BUDGET FOR FISCAL YEAR 2025-2026"

44. ADJOURN

June 11, 2025

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the regular meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency, Housing Authority, and Reclamation Authority, to be held on June 11, 2025, be posted at the City Hall, Library, and Post Office on June 6, 2025.

Laura M. Nieto, MMC
Chief Deputy City Clerk

May 2025
Reference
Number Vendor Name Date Amount
ACH US Bank 5/9/2025 42,013.35
WFB-63 CJPIA Excess Pool 5/12/2025 10,386.00
WFB-64 Fidelity National Title Insurance Company 5/13/2025 583,328.00 Report Total: 635,727.35
Electronic Payments
May 1 - 31, 2025

Checks by Date - Summary by Check Number
User:

Printed:
105074 CINTAS Cintas Corporation #693 05/29/2025 459.11 105075 CONCE01 Concentra 05/29/2025 571.00
105072 NEST01 ReadyRefresh, Blue Triton Brands, Inc. 05/29/2025 821.25 105073 SANGAB11 California Newspapers Partnership 05/29/2025 5,275.70 105070 BAKER01 Baker & Taylor Books 05/29/2025 797.30
105071 BARBOS04 Dolores Barbosa 05/29/2025 300.00
105068 ALLIAN02 Alliant Insurance Svcs, Inc.- Irvine Main 05/29/2025 594.00 105069 AMAZON1 Amazon Capital Services, Inc. 05/29/2025 172.66 105066 IRWIND02 Irwindale Police Officers Assoc. 05/22/2025 1,559.00 105067 AETC01 Aetco Inc 05/29/2025 1,309.41
105064 CITY01 City of Hope 05/22/2025 17.00
105065 IMEA Irwindale Mgmt Employee Assoc. 05/22/2025 270.00 105062 TITA01 Titan Automation & Iron 05/22/2025 480.00 105063 ZEPEDA07 Priscilla Zepeda 05/22/2025 74.00
105060 SANCH01 Jaycon Sanchez 05/22/2025 286.46
105061 SCE02 Southern California Edison 05/22/2025 24,214.91 105057 OPTUM01 OptumRx, Inc. 05/22/2025 25,678.32
105058 PEER01 Peerless Network, Inc 05/22/2025 1,393.52 105055 LEON10 Leonida Builders Inc 05/22/2025 108,151.61 105056 MARE20 Adrianna Mares 05/22/2025 110.00
105053 HOYEN Noelle Hoye 05/22/2025 630.00
105054 INTELL01 Intelli-tech, Inc. 05/22/2025 479.06
105051 FRONT01 Frontier Communications 05/22/2025 232.06 105052 HDL01 Hdl Software, LLC 05/22/2025 34.56
105049 FRONT01 Frontier Communications 05/22/2025 43.19 105050 FRONT01 Frontier Communications 05/22/2025 325.61 105047 FRONT01 Frontier Communications 05/22/2025 101.66 105048 FRONT01 Frontier Communications 05/22/2025 452.48 105045 FRONT01 Frontier Communications 05/22/2025 265.42 105046 FRONT01 Frontier Communications 05/22/2025 43.19 105043 PMIDEN Delta Dental Insurance Company 05/22/2025 703.39 105044 FRONT01 Frontier Communications 05/22/2025 43.19 105041 COSTA01 Costar Realty Information, Inc. 05/22/2025 438.90 105042 CPG01 CPG Event Rentals LLC 05/22/2025 1,385.08
105039 CMRTA01 CMRTA 05/22/2025 40.00
105040 CORNEJOD Diego Cornejo 05/22/2025 232.41
105037 CHARTE04 Charter Communicatons 05/22/2025 145.18 105038 CIVIC02 CivicPlus, LLC 05/22/2025 3,367.39
105035 BYRNE01 Allison Byrne 05/22/2025 40.00
105036 CHARTE01 Charter Communications 05/22/2025 100.00 105033 CINGULAR AT & T Mobility 05/22/2025 2,326.71
105034 BARBOS04 Dolores Barbosa 05/22/2025 300.00
105031 AT&T06 AT & T 05/22/2025 1,830.37
105032 AT&T08 AT & T 05/22/2025 1,202.22
105029 ALESHIRE Aleshire & Wynder, LLP 05/22/2025 63,987.27 105030 AMAZON1 Amazon Capital Services, Inc. 05/22/2025 984.68 Check Date Check Amount
105028 ACUNA03 Luana Acuna 05/22/2025 259.47
Accounts Payable
stapia
6/3/2025 2:56 PM
Check No Vendor No Vendor Name

105132 HDLCOR HdL Coren & Cone 06/05/2025 5,937.06
105130 FLOCK01 Flock Group, Inc 06/05/2025 8,850.00
105131 GEOLOG Geologic Associates 06/05/2025 11,413.10
105128 DUDEK01 Dudek 06/05/2025 3,335.00
105129 FCG01 FCG Consultants Inc. 06/05/2025 19,523.42
105126 CWE01 CWE 06/05/2025 19,729.60
105127 DAVEBA Dave Bang Associates, Inc of California 06/05/2025 495.15 105124 CITYTEC0 City Tech Solutions, Inc. 06/05/2025 14,000.00 105125 LOSANG33 County of Los Angeles 06/05/2025 7,748.36 105122 AMAZON1 Amazon Capital Services, Inc. 06/05/2025 37.03 105123 AMERI02 American Business Bank 06/05/2025 7,851.11 105120 ICEA Irwindale City Employee Assoc. 05/29/2025 1,586.00 105121 LOSANG31 Los Angeles County Sheriff's Dept. 05/29/2025 104.77 105118 CALIFO56 California State Disbursement Unit 05/29/2025 604.15 105119 CALIFO57 California State Disbursement Unit 05/29/2025 143.07 105116 WESTER02 Western Supreme Rooter, Inc. 05/29/2025 12,000.00 105117 SANGAB04 San Gabriel Valley Water Assoc 05/29/2025 100.00 105114 valdI01 Jose Valdivia 05/29/2025 2,339.27
105115 WALT01 Walters Wholesale Electric Co. 05/29/2025 1,165.18 105112 NORTHR The Northridge Group, Inc. 05/29/2025 15,000.00 105113 UNITED11 United Site Services of CA Inc 05/29/2025 211.35 105110 SOUTH09 Southern Computer Warehouse Inc, 05/29/2025 5,772.19 105111 STGEO01 St. George's Medical Clinic 05/29/2025 745.00 105108 SEMA01 SEMA LLC 05/29/2025 562.76
105109 SONIC10 Sonic Motor 05/29/2025 956.80
105106 RIOHON03 Rio Hondo Community 05/29/2025 193.19
105107 RODA03 Jessica Rodas 05/29/2025 77.16
105104 RANCHO01 Rancho Duarte Florist 05/29/2025 288.86 105105 RBA10 RBA Builders LLC 05/29/2025 42,000.00
105102 PROPRINT Pro Printing, Inc. 05/29/2025 2,625.35
105103 PROFOR01 ProForce Law Enforcement 05/29/2025 374.23 105100 ORKINP Orkin Pest Control 05/29/2025 1,348.00
105101 PETTYC02 City of Irwindale-Rec Petty Cash 05/29/2025 545.40 105098 NEAR10 John Near 05/29/2025 408.78
105099 OARP01 OAR Payment Processing 05/29/2025 1,272.71 105096 MERCUR Mercury Fence Co., Inc. 05/29/2025 350.00 105097 MONT02 Randall Buckley Montgomery 05/29/2025 700.00 105094 MARIPO Mariposa Landscapes, Inc. 05/29/2025 2,676.30 105095 MARXBR Marx Bros Fire Extinguisher Co 05/29/2025 555.36 105092 LANDSC Landscape Warehouse III Inc. 05/29/2025 320.91 105093 MIDAS Manuel C Muratalla 05/29/2025 5,587.51
105090 JOHNNY02 Johnny's Pool Service 05/29/2025 50.81
105091 JOHN01 Roger William Johnson 05/29/2025 3,000.00 105088 INTER01 Interwest Consulting Group 05/29/2025 18,767.50 105089 JEEPER01 Jeepers Creepers Exterminating Inc. 05/29/2025 230.00 105086 Harvey Harvey Consulting Group, Inc. 05/29/2025 14,000.00 105087 HDLCOR HdL Coren & Cone 05/29/2025 105.00
105084 GOMEZS Suzanne Gomez 05/29/2025 5.00
105085 GONZAL07 Raymond Gonzales 05/29/2025 185.10
105082 GEO20 Geo-Advantec , Inc. 05/29/2025 4,630.00
105083 GOMEZ10 Joanne Gomez 05/29/2025 40.00
105080 FWEP01 FWEP Aquisitioin Inc 05/29/2025 241.40
105081 GARVEY Garvey Equipment Co 05/29/2025 1,913.72
105078 ELIAS10 Charlene Elias 05/29/2025 40.00
105079 EWINGI Ewing Irrigation Products, Inc. 05/29/2025 435.33 105076 CRIT10 Christine Critchfield 05/29/2025 40.00
105077 CSG01 CSG Consultants 05/29/2025 262.50

Report Total (113 checks): 708,950.76
AP Checks by Date - Summary by Check Number (6/3/2025 2:56 PM) Page 3 105140 TRAN01 Transtech Engineers, Inc. 06/05/2025 16,801.28 105141 WESTLD Westland Group, Inc. 06/05/2025 23,100.00 105138 RIGHT01 Right of Way, Inc. 06/05/2025 58.78
105139 ROBERT10 RC Construction Service Inc. Robert Clapper Construction Services 06/05/2025 149,171.08 105136 OFFICE03 ODP Business Solutions, LLC 06/05/2025 1,379.03 105137 PROPRINT Pro Printing, Inc. 06/05/2025 212.19
105134 MIDAS Manuel C Muratalla 06/05/2025 526.89
105135 MOTOR02 Motorola Solutions 06/05/2025 21,175.95
105133 LANDSC Landscape Warehouse III Inc. 06/05/2025 516.33

Payroll Batch 426-05-2025

DATE OF ISSUE DEPARTMENT AMOUNT
5/1/25
11 City Council 1,731.15
13 City Administrative Office 63,204.10
14 Finance Department 28,433.93
35 Police Department 239,335.21
40 Recreation Department 35,325.16
41 Aquatics Department 10,097.91
42 Senior Citizens' Center 20,329.32
44 Library 16,254.23
51 Planning & Community Development 31,846.41
52 Public Works - Engineering 33,517.62
57 Public Works - Services 60,821.15
Gross Payroll 540,896.19
Required Deductions (156,491.33)
Voluntary Deductions (27,191.62)
Net Payroll 357,213.24
Payroll Batch

DATE OF ISSUE DEPARTMENT AMOUNT
5/15/25
11 City Council 7,286.29
13 City Administrative Office 75,891.68
14 Finance Department 45,462.05
35 Police Department 222,531.55
40 Recreation Department 36,647.62
41 Aquatics Department 14,331.34
42 Senior Citizens' Center 21,969.85
44 Library 16,181.97
51 Planning & Community Development 34,584.50
52 Public Works - Engineering 33,250.40
57 Public Works - Services 63,843.68
Gross Payroll 571,980.93
Required Deductions (155,836.07)
Voluntary Deductions (37,636.90)
Net Payroll 378,507.96
Payroll Batch 412-05-2025, 422-05-2025

DATE OF ISSUE DEPARTMENT AMOUNT
5/19/25, 5/22/25
35 Police Department 291.67
51 Planning & Community Development 6,741.51
Gross Payroll 7,033.18
Required Deductions (2,123.34)
Voluntary Deductions -
Net Payroll 4,909.84

CITY OF IRWINDALE

PAYROLL WARRANT REGISTER
May 2025
410-05-2025, 411-05-2025, 415-05-2025, 418-05-2025

Payroll Batch 424-05-2025, 427-05-2025

DATE OF ISSUE DEPARTMENT AMOUNT
5/29/25
11 City Council 1,731.15
13 City Administrative Office 58,295.55
14 Finance Department 25,516.25
35 Police Department 227,891.77
40 Recreation Department 36,772.85
41 Aquatics Department 13,252.64
42 Senior Citizens' Center 21,244.47
44 Library 17,285.48
51 Planning & Community Development 29,382.41
52 Public Works - Engineering 33,195.56
57 Public Works - Services 61,724.35
Gross Payroll 526,292.48
Required Deductions (140,731.91)
Voluntary Deductions (7,011.53)
Net Payroll 378,549.04

Item #20.B.

Date: June 11, 2025
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
Issue: Request to Conduct Fireworks Sales – Joseph "Pepe" Miranda Sports Scholarship & Grant Foundation; Columbus Club - Knights of Columbus #5650; and Irwindale Sister City Association
City Manager's Recommendation:

Approve the requests of the following non-profit organizations / corporations / associations that meet the criteria established by the Irwindale Municipal Code to conduct fireworks sales, subject to compliance with all City, County and State regulations: Joseph "Pepe" Miranda Sports Scholarship & Grant Foundation; Columbus Club - Knights of Columbus #5650; and Irwindale Sister City Association.

Administrative Action:

Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed / Approved by:

Theresa Olivares, Assistant City Manager
Background and Analysis:

Fireworks sales are permitted by non-profit organizations, corporations, or associations, (1) organized primarily for veteran, patriotic, welfare, civic betterment, religious or charitable purposes, (2) with the principal and permanent meeting place, office, or place of worship within the city, (3) established and organized within the City of Irwindale for a minimum period of one year (Chapter 8.16 of the Irwindale Municipal Code). This activity is a primary source of funds for these organizations and allows them to provide assistance to the community throughout the year.

The Joseph "Pepe" Miranda Sports Scholarship & Grant Foundation; Columbus Club - Knights of Columbus #5650; and Irwindale Sister City Association have submitted applications for fireworks sales.

The Joseph “Pepe” Miranda Sports Scholarship & Grant Foundation is qualified to sell fireworks

because they provide scholarships and grants to qualified residents of the City of Irwindale who are in pursuit of higher learning and self-worth; the Columbus Club - Knights of Columbus #5650 is qualified to sell fireworks because of their commitment to the exemplification of charity, unity, fraternity, and patriotism; and the Irwindale Sister City Association is qualified to sell fireworks because they have been organized for the purpose of enhancing and informing future residents of the cultural and heritage connections with a community in the Republic of Mexico. Each organization has (1) been established in the City for a minimum period of one year, continuously, preceding the filing of their application for permit and (2) been conducting their meetings in Irwindale.

The organizations have provided the required documentation and refundable deposit. A copy of the application forms submitted by Joseph “Pepe” Miranda Sports Scholarship and Grant Foundation, Columbus Club, and the Irwindale Sister City Association are attached hereto. Confidential documentation (e.g., sales tax information) is on file in the office of the Chief Deputy City Clerk.

Applications require the exact location of the stand, as proposed. The Joseph “Pepe” Miranda Sports Scholarship and Grant Foundation has proposed its stand to be located at 5116 Irwindale Avenue; the Columbus Club has proposed its stand to be at 16025 Cypress Street; and the Irwindale Sister City Association has proposed its stand to be located at 16000-16034 Arrow Highway.

Pursuant to Section 8.16.060 of the Irwindale Municipal Code, “All applications for fireworks stands shall be referred to the city council for approval, conditional approval or denial. The city council shall deny any fireworks stand permit if it finds that the public interest or safety is, or would be, jeopardized by the issuance thereof. The decision of the council shall, in all cases, be final and conclusive.” Here, based on staff’s review, there are no public interest or safety reasons that have been identified which would warrant denial of the applications. Accordingly, staff recommends approval of the applications for fireworks sales.

Fiscal Impact:

A $50 refundable security deposit is paid by the organizations when the application is filed. Upon final inspection by the Chief of Police, the deposit is refunded to the organization.

Attachments:

1. 2025 Fireworks Applications

Item #20.C.

Date: June 11, 2025
To: Honorable Mayor and Members of the City Council / Successor Agency Board / Housing Authority Board / Reclamation Authority Board
From: Julian A. Miranda, City Manager/Executive Director Issue: Investment Policy Review and Delegation of the Investment Authority (Joint Item with Successor Agency, Housing Authority and Reclamation Authority) City Manager's Recommendation:

It is recommended that the City Council/Successor Agency/Housing Authority/Reclamation Authority adopt Joint Resolution No. 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044 entitled, “A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, SUCCESSOR

AGENCY BOARD, HOUSING AUTHORITY BOARD, AND RECLAMATION AUTHORITY BOARD REPEALING AND REPLACING RESOLUTION NOS. 2024-35-3512, SA 2024-36-3513, HA 2024-05-143, and RA 2024- 03-042 IN THEIR ENTIRETY, AND ADOPTING A CITY OF IRWINDALE INVESTMENT POLICY, AND

DELEGATING AUTHORITY TO THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE CITY OF

IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY.”
Administrative Action:

Submitted / Prepared/Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Reviewed by:

Adrian R. Guerra, City Attorney / General Counsel
Approved by:

Julian A. Miranda, City Manager / Executive Director

Background and Analysis:

The City Treasurer is required by the State of California Government Code section 53646, to present to the City Council the City’s Investment Policy on an annual basis or when any change is proposed to be made to the policy.

The City of Irwindale’s Investment Policy was last reviewed and approved on June 12, 2024. The City Treasurer has reviewed the current Investment Policy and is recommending appropriate and necessary changes to the overall policy as shown in the legislative format of the attached Exhibit A, Draft City of Irwindale Investment Policy. The updated Investment Policy would be adopted via the proposed resolutions of the City Council, Housing Authority, Reclamation Authority, and Successor Agency.

Additionally, the proposed resolutions would renew the delegation of authority to invest or reinvest funds, or sell or exchange securities, to the City Treasurer for a one-year period pursuant to the State of California Government Code section 53607.

The Investment Policy continues to adhere to the City’s objectives of safety, liquidity and yield, and continues delegating investment authority to the City Treasurer.

The Investment Policy requires that an Investment Report be presented to the City Council/Boardmembers on a quarterly basis, which shall present the status of the City’s current investment portfolio. In accordance with this requirement, an Investment Report is presented to the City Council/Boardmembers on a quarterly basis.

The next Investment Report will be presented to the City Council/Boardmembers at their regularly scheduled meeting on July 23, 2025, and it will list the combined investment portfolio for the City of Irwindale, Successor Agency, Housing Authority, and Reclamation Authority as of the quarter ending June 30, 2025.

Fiscal Impact:

None
Attachments:

1. Exhibit A - DRAFT Investment Policy June 2025

2. Resolution 2025-43-3631 (Joint with SA,HA, & RA) - Investment Policy

POLICY
The investment of the funds of the City of Irwindale (“City) is directed toward the goals of safety, liquidity and yield. The State of California authority governing investments for municipal governments is set forth in the California Government Code, Sections 53601 through 53659.

The primary objective of the investment policy (“Policy”) of the City is SAFETY OF PRINCIPAL. Investments shall be placed in securities as outlined in the authorized investments and maturity sections of this document. Effective cash flow management and resulting cash investment practices are recognized as essential to good fiscal management and control. The City monitors cash flow on a daily basis and reports results to City Council quarterly to help ensure that liquidity is never threatened. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. Portfolio management requires continual analysis and as a result the balance between the various investments and maturities may change in order to give the City the optimum combination of necessary liquidity and yield based on cash flow projections.

SCOPE
The investment policy applies to all financial assets of the City as accounted for the Annual Comprehensive Financial Report (ACFR). Policy statements outlined in this document focus on the City’s pooled funds but will also apply to all other funds under the City Treasurer’s span of control unless specifically exempted by resolution. This includes funds of the City of Irwindale, as well as the Irwindale Successor Agency, Irwindale Housing Authority, and the Irwindale Reclamation Authority. Retirement, Pension and Deferred Compensation Funds are excluded from this Policy. Funds held by a fiscal agent or trustee and pledged to payment for, or security of bonds or other obligations of the City may be invested pursuant to the provisions governing the issuance of the bonds, debt or obligation of the City.

DRAFT

CITY OF IRWINDALE

INVESTMENT POLICY
JUNE 20242025

EXHIBIT A

PRUDENCE
The standard to be used by investment officials shall be that of a “prudent investor” and shall be applied in the context of managing all aspects of the overall portfolio.

The “prudent investor” standard is defined as: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.

The City Treasurer and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

OBJECTIVES
Safety of Principal
Safety of principal is the foremost objective of the City. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk, defined below:

Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio.

Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to three years, the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, thereby eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation.

Liquidity
The City’s investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). A portion of the portfolio may be placed in money market mutual funds or local government investment pools that offer same day liquidity for short-term funds. Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity).

Yield: Return on InvestmentsRate of Return
The City’s investment portfolio shall be designed with the objective of attaining a market rate of return through budgetary and economic cycles, commensurate with the City’s investment risk constraints and the cash flow characteristics of the portfolio. Return on investment is of least importance compared to the safety and liquidity objectives described above.

SOCIAL RESPONSIBILITY
Investments in corporate securities and depository institutions (including purchases of investments authorized by this policy and relationships for depository, custodial, brokerage and other financial services per this policy or otherwise) shall be made in furtherance of socially responsible goals to the extent that such investments achieve substantially equivalent safety, liquidity and yield compared to other similar investments permitted by state law. Investments are to be made that will bear in mind the responsibility of city government to its citizens. Investments that support community well-being; promote equality of rights regardless of sex, race, age, disability or sexual orientation; promote community economic development; provide a positive impact on the environment, fair workplace practices, robust corporate governance, high product integrity, and positive community involvement will be considered.

INVESTMENT MATURITY
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than 5 years from the date of purchase. At no point in time, shall more than one third of the investment portfolio have a maturity date in excess of three years into the future.

Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds.

AUTHORIZED BANKS AND SECURITY DEALERS
In selecting financial institutions for the deposit or investment of City funds, the Treasurer shall consider the credit-worthinesscreditworthiness of institutions, andinstitutions and utilize only those depositories that are qualified public depositories as established by state law. In addition, only broker-dealers that are authorized in the state of California will be utilized. The Treasurer shall continue to monitor financial institutions' credit characteristics and financial history throughout the period in which City funds are deposited or invested.

All broker-dealers who desire to become qualified bidders for investment transactions must supply the Treasurer with the following items: audited financial statements; National Association of Securities Dealers (NASD) certification; proof of state registration; and certification of awareness of, and familiarity with Irwindale’s investment policy. A competitive bid process will be used when practical to select broker-dealers.

AUTHORIZED INVESTMENTS
Purchase of investments will be made with surplus funds available. Investments will be paid for, in full, as soon as practical after the time of trade. Purchases will not be made using leverage, margin accounts, reverse repurchase agreement, or other unfunded mechanisms. No investments shall conflict with Government Code section 53601.

Eligible vehicles for the investment of funds shall be limited to:
a) The State of California Local Agency Investment Fund (LAIF). b) Bonds issued by the City of Irwindale, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department board, agency, or authority of the City.
c) Bonds, notes, and similar securities issued by the United States Treasury.

There will be no options or like instruments purchased. d) Bonds, notes and similar securities issued by United States government agencies.
e) Registered state warrants or treasury notes or bonds issued by the State of California.

f) Bonds, notes, warrants or other evidence of debt issued by a local agency within the State of California, including pooled investment accounts sponsored by the State of California, County Treasurers, other local agencies or Joint Powers Agencies.
g) Medium-term notes (maximum maturity of 5 years or less) of corporations organized and operating within the United States rated “A” or better by nationally recognized rating agency. Purchases may not exceed 30% of the portfolio. h) Negotiable certificates of deposit which are fully insured by the Federal Deposit of Insurance Corporation (FDIC).
i) Collateralized bank deposits with a perfected security interest in accordance with the Uniform Commercial Code (UCC) or applicable federal security regulations.
j) Banker’s acceptances, accepted by domestic banks, which are members of the Federal Reserve System and are eligible for purchase or discount by the Federal Reserve System. Must have a commercial paper rating of A1 or P1.

Purchases of banker’s acceptances may not exceed 180 days maturity or 40% of the City's investment portfolio. No more than 30% of the investment portfolio may be invested in the banker’s acceptances of any one commercial bank.
k)j) Repurchase/Reverse Repurchase Agreements of any securities authorized by this Section. Investment in Repurchase Agreements may not exceed a term of one year and the market value of the securities that underlay a Repurchase Agreement shall be no less than 102% of the funds borrowed against those securities because Repurchase Agreement limitations are set forth in California Government Code 53601(j). l)k) Other investment instruments whose principal is guaranteed by the US government through programs such as the Temporary Liquidity Guarantee Program. Thus, corporate bonds are allowable investments if they are insured by the federal government or FDIC (TLGP). m)l) Loans between the City of Irwindale funds and other City Agency funds, which include the Housing Authority, Successor Agency, and the Reclamation Authority. Any loans made shall be approved by resolution which shall describe the purpose of the inter-agency fund loan and include a Promissory Note that stipulates all terms of the loan. The Interest for any inter-agency fund loan shall be in line with the customary interest rate of investments for similar terms as exhibited in the latest City Treasurer’s Commented [KB1]: As of June 2024, Banker’s
acceptances are expected to largely cease to
exist due to the discontinuation of the
Canadian Dollar Offer Rate, which is the basis
for most lending models, therefore, most banks
are not offering, and market is winding down
rapidly.

Quarterly Report of Investments.
n)m) Commercial Paper: Short-term instruments with a maximum maturity of 270 days or less, an “A1/P1” (prime) rating or better, with fixed coupons, fixed maturity and no call provisions and meeting all of the additional conditions in either paragraph (A) or (B) below.
(A) The issuer is a general corporation organized and operating within the United States, has total assets in excess of five hundred million dollars, and has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by a nationally recognized rating agency.
(B) The issuer is organized within the United States as a special purpose corporation, trust, or limited liability company; has program wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond, and has commercial paper that is rated “A1/P1” (prime) or better by a nationally recognized rating agency.

Purchases may not exceed 25% of the portfolio and no more than 10% of any single issuer.
o)n) Money Market Funds registered under the Investment Company Act of 1940 which (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant daily net asset value per share of $1.00; (3) invest only in the securities and obligations authorized in this investment policy and (4) have a rating of at least two of the following: AAAm by S&P Global Ratings, Aaa by Moody’s or AAA/V1+ by Fitch. The aggregate investment in money market funds shall not exceed 20% of the City’s total portfolio. p)o) Supranational Organizations Securities, Limited to United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by: International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and Inter-American Development Bank (IADB). The stated final maturity of such security shall not exceed five (5) years from the date of purchase. Rated in the rating category of “AA” or better by a nationally recognized rating agency. Purchases may not exceed 30% of the portfolio.

INVESTMENTS HELD SEPARATELY
Investments of bond proceeds will be held separately when required by the bond indentures or when necessary to meet arbitrage regulations. If allowed by the bond indentures, or if the arbitrage regulations do not apply, investments of bond proceeds will be held as part of the pooled investments. The City’s Policy does

not apply to funds held in trust in the City’s name in pension and other-postretirement benefit programs.

DERIVATIVE INVESTMENTS
Derivatives are investments whose value is "derived" from a benchmark or index.

That benchmark can be almost any financial measure from interest rates to commodity and stock prices. The City’s investment policy shall be in compliance with Californiathe California State Government CodeCode, which, effective January 1996, prohibits the purchase of inverse floaters, range notes, interest only strips or securities that could result in zero interest accrual at any point in the life of the security.

Future purchases of securities classified as derivative securities must be issued by an agency or entity authorized by this investment policy and must receive prior approval from the Governing Body.

COLLATERAL REQUIREMENTS
Collateral is required for investments in certificates of deposits, repurchase agreements and reverse repurchase agreements. In order to reduce market risk, the collateral level will be at least 102% of market value principal and accrued interest.

The only securities acceptable as collateral shall be direct obligations of, or fully guaranteed as to principal and interest by, the United States or any agency of the United States.

SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement, or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third partythird-party bank trust department, acting as agent for the City under the terms of a custody agreement or Public Securities Association agreement (repurchase agreement collateral). All trades executed by a dealer will settle delivery vs. payment (DVP) through the City's safekeeping agent.

Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings.

All exceptions to this safekeeping policy must be approved by the City Treasurer in written form and included in monthly reporting to City Council.

PERFORMANCE EVALUATION
The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs.

The City’s investment strategy is passive. Passive investment portfolio management generally indicates that the Treasurer will purchase an instrument and hold it through to call or maturity, and then reinvest the monies. Although the City’s investment strategy is passive, this will not restrict the Treasurer from evaluating when swaps are appropriate or if the sale of an instrument is prudent prior to final maturity. Given this strategy, the basis used by the Treasurer to determine whether market yields are being achieved shall be the Local Agency Investment Funds (LAIF).

DELEGATION OF AUTHORITY
The Charter of the City assigns the custody of all City funds to the City Treasurer.

Pursuant to the Government Code, the City Council may delegate to the Treasurer for a one-year period the authority to invest or to reinvest all funds of the City. So long as the City Council’s annual delegation of investment authority pursuant to California Government Code Section 53607 to the City Treasurer is effective, no person may engage in investment transactions unless directed by the City Treasurer, or in the absence of such effective delegation, unless directed by the City Council. In the execution of this delegated authority, the City Treasurer may establish accounts with well qualified, financially sound financial institutions and/or brokers/dealers for the purpose of completing investment transactions in accordance with this policy. The City Treasurer shall establish procedures for the operation consistent with this investment policy.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions.

Additionally, the City Treasurer is required to annually file applicable financial disclosures as required by the Fair Political Practices Commission.

INTERNAL CONTROL
The Treasurer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with the City’s Investment Policy and for establishing internal controls that are

designed to prevent losses due to fraud, negligence, and third-party misrepresentation. Accordingly, the City Treasurer shall establish procedures for the operation of the City’s investment program that are consistent with the provisions of this Investment Policy.

Internal controls deemed most important shall include (but not limited to):
avoidance of collusion; separation of duties and administrative controls; separating transaction authority from accounting and record keeping; custodial safekeeping; clear delegation of authority; management approval and review of investment transactions; specific limitations regarding securities losses and remedial action; written confirmation of telephone transactions; documentation of investment transactions and strategies; and monitoring of results.

REPORTING
The City Treasurer shall provide the City Council/Boardmembers quarterly investment reports which provide a clear picture of the status of the current investment portfolio. The treasurer’s report shall include the type of investments, the issuers, maturity dates, par values, and the current market values of each component of the portfolio, including funds managed for the City by third party safekeeping custodians. The report will also include the source of the portfolio valuation. The report must also include a certification that the City will meet its expenditure obligations for the next six months as required by California Government Code Section 53646(b)(3). The City Treasurer shall maintain a complete and timely record of all investment transactions.

LEGISLATIVE CHANGES
Any State of California legislative action, that further restricts allowable maturities, investment type or percentage allocations, will be incorporated into the City's Investment Policy and supersede any and all previous applicable language.

POLICY REVIEW
The Statement of Investment Policy shall be updated annually in the month of June by the City Treasurer and submitted to the City Council for review and adoption.

Resolution No. 2025-43-3631
SA 2025-44-3632
HA 2025-03-147
RA 2025-05-044

RESOLUTION NO. 2025-43-3631
RESOLUTION NO. SA 2025-44-3632
RESOLUTION NO. HA 2025-03-147
RESOLUTION NO. RA 2025-05-044

A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD,

AND RECLAMATION AUTHORITY BOARD REPEALING AND REPLACING RESOLUTION NOS. 2024-35-3512, SA 2024-36-3513, HA 2024-05-143, and RA 2024- 03-042 IN THEIR ENTIRETY, AND ADOPTING A

CITY OF IRWINDALE INVESTMENT POLICY, AND DELEGATING AUTHORITY TO

THE CITY TREASURER TO INVEST THE SURPLUS FUNDS OF THE

CITY OF IRWINDALE, IRWINDALE SUCCESSOR AGENCY, IRWINDALE HOUSING

AUTHORITY, AND IRWINDALE RECLAMATION AUTHORITY
WHEREAS, Section 708 of the Charter of the City of Irwindale established the office of the City Treasurer and imposes duties upon the City Treasurer under state and local law, including the custody of all City funds; and
WHEREAS, Section 53646 of the State of California Government Code requires that the City Treasurer render annually to the City Council a statement of investment policy for consideration at a public meeting; and
WHEREAS, Government Code section 53646 also requires that any change in the investment policy shall also be reviewed and approved at a public meeting; and WHEREAS, the City Treasurer, after review of the City of Irwindale Investment Policy (“Investment Policy”), is proposing appropriate and necessary changes to overall policy; and WHEREAS, the Investment Policy was presented by the City Treasurer as a joint item to the City Council, and Boards of the Successor Agency, Housing Authority, and Reclamation Authority at the public meeting held on June 12, 2024; and WHEREAS, Investment Policy Resolution Numbers 2024-35-3512, SA 2024-36- 3513, HA 2024-05-143, and RA 2024-03-042 are proposed to be repealed and replaced in their entirety with an updated Investment Policy and corresponding Resolution Numbers 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044; and WHEREAS, pursuant to Government Code section 53607, the City Council of the City of Irwindale, Board of the Irwindale Housing Authority, Board of the Successor Agency, and Board of the Reclamation Authority may delegate the authority to invest or reinvest funds, or sell or exchange securities, to the City Treasurer for a one-year period. Subject to review, the delegation of authority may be renewed each year; and WHEREAS, Resolution Numbers 2025-43-3631, SA 2025-44-3632, HA 2025-03- 147, and RA 2025-05-044 would also renew the delegation of authority to invest or

Resolution No. 2025-43-3631
SA 2025-44-3632
HA 2025-03-147
RA 2025-05-044

reinvest funds, or sell or exchange securities, to the City Treasurer for a one-year period; and
WHEREAS, the City Council of the City of Irwindale, Board of the Irwindale Housing Authority, Board of the Successor Agency, and Board of the Reclamation Authority desire to approve the City of Irwindale Investment Policy by adopting Resolution Numbers 2025- 43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044 respectively, and delegate investment authority to the City Treasurer.

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

SUCCESSOR AGENCY BOARD, HOUSING AUTHORITY BOARD, AND

RECLAMATION AUTHORITY BOARD DO HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

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

SECTION 2. The City Council of the City of Irwindale, Board of the Irwindale Housing Authority, Board of the Successor Agency, and Board of the Reclamation Authority have reviewed and hereby approve and adopt the Investment Policy attached as Exhibit “A” and made a part hereof.

SECTION 3. Resolution Numbers 2024-35-3512, SA 2024-36-3513, HA 2024-05- 143, and RA 2024-03-042 are hereby repealed and replaced in their entirety by Resolution Numbers 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044, respectively, and the City of Irwindale Investment Policy is hereby replaced in its entirety by the adopted Investment Policy attached as Exhibit “A.” SECTION 4. The City Council of the City of Irwindale, Board of the Irwindale Housing Authority, Board of the Successor Agency, and Board of the Reclamation Authority hereby delegate the authority to invest the surplus funds of the City of Irwindale, Irwindale Successor Agency, Irwindale Housing Authority, and Irwindale Reclamation Authority to the City Treasurer consistent with the attached Investment Policy.

SECTION 5. If any section, subsection, sentence, clause or phrase of this Resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Resolution.

The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.

SECTION 6. The Chief Deputy City Clerk, Secretary to the Successor Agency, and Authority Assistant Secretaries shall certify to the passage and adoption of this resolution, and the same shall thereupon take effect and be in force.

Resolution No. 2025-43-3631
SA 2025-44-3632
HA 2025-03-147
RA 2025-05-044

PASSED, APPROVED, AND ADOPTED this 11th day of June 2025. ______________________________
Larry G. Burrola, Mayor/Chair
ATTEST:
__________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk/Secretary
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 Nos. 2025-43-3631, SA 2025-44-3632, HA 2025-03-147, and RA 2025-05-044 were adopted jointly at a regular meeting of the City Council of the City of Irwindale held on June 11th, 2025, by the following vote:

AYES: Councilmembers/Agency Members/Authority Members:

NOES: Councilmembers/Agency Members/Authority Members:

ABSENT: Councilmembers/Agency Members/Authority Members:

ABSTAIN: Councilmembers/Agency Members/Authority Members:
_______________________________
Laura M. Nieto, CMC
Chief Deputy City Clerk/Secretary

Item #20.D.

Date: June 11, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Irwindale Chamber of Commerce Services Agreement City Manager's Recommendation:

That the City Council approve and authorize the City Manager to execute the "Services Agreement" between the City of Irwindale and the Irwindale Chamber of Commerce beginning July 1, 2025, and expiring on June 30, 2026, or provide further direction.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Iris Espino, Assistant to the City Manager
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Since 2008, the Irwindale Chamber of Commerce (“Chamber”), through a Services Agreement with the City of Irwindale (“City”), has provided services to the City and businesses that are Chamber members.

They have proven to be an invaluable resource to the business community and an outstanding partner with the City.

The proposed Services Agreement, “Exhibit A,” provides an instrument by which both parties can identify their respective roles and expectations in consideration of the financial assistance provided to the Chamber by the City. The proposed Services Agreement is for 12 months, beginning July 1, 2025, and ending June 30, 2026. The total contract amount is $30,000, the same amount recommended to the Chamber in previous years.

Subsequently, the Chamber submitted a letter of request for additional funding to the City Council for FY 2024-2025 to offset budget shortfalls, leading to the Council agreeing to a contract amount of $45,000 for the year. However, after a review of the services provided, staff recommends continuing with a $30,000 agreement as previously recommended.

Fiscal Impact:

The Administrative Services (Account No. 01-18-180-42140-0000) proposed FY 2024-2025 budget includes the $30,000 needed for the proposed Services Agreement.

Attachments:

1. DRAFT Services Agreement Chamber of Commerce FY 2025-2026

01005.0001 2010846.1 1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF IRWINDALE AND

THE IRWINDALE CHAMBER OF COMMERCE
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is retroactively made and entered into on the 1st day of July, 2025 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (“City”) and THE IRWINDALE CHAMBER OF COMMERCE, a California non-profit organization (herein "CHAMBER"). City and Chamber are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CHAMBER

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Chamber shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Chamber warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 Licenses, Permits, Fees and Assessments. Chamber shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Chamber shall be compensated in accordance with Section 2.2 of this Agreement, but not exceeding the maximum contract amount of Thirty Thousand Dollars ($30,000) (“Contract Sum”).

2.2 Invoices. On the first business day of July 2025, October 2025, January 2026, and April 2026, Chamber shall furnish City an original invoice equal to, but in no event shall exceed, $7,500 (Seven Thousand Five Hundred and Zero Cents) for all work performed and expenses incurred during the preceding period in a form approved by City’s Director of Finance.

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

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

Review and payment by the City of any invoice provided by the Chamber shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Chamber, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Chamber. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance. The Chamber shall provide perform all services within the time period(s) established in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference,

3.3 Force Majeure. The time period(s) specified in Section 3.2 for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Chamber, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Chamber shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Chamber be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Chamber’s sole remedy being extension of the Agreement pursuant to this Section.

01005.0001 2010846.1 -3-

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall begin July 1, 2025, and continue in full force and effect through June 30, 2026.

4. COORDINATION OF WORK

4.1 Representative of Chamber. The President and CEO is hereby designated as being the representative of Chamber authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Chamber and any authorized agents shall be under the exclusive direction of the representative of Chamber. Chamber shall utilize only competent personnel to perform services pursuant to this Agreement. Chamber shall make every reasonable effort to maintain the stability and continuity of Chamber’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. The City Manager or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Chamber shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Chamber. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Chamber, its agents or employees, perform the services required herein, except as otherwise set forth. Chamber shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Chamber shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. The Chamber shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of

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California and which shall indemnify, insure and provide legal defense for the Chamber against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Chamber in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Chamber’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Chamber’s services or the termination of this Agreement. During this additional 5-year period, Chamber shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Chamber shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all requirements stated herein.

5.2 General Insurance Requirements.

All above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Chamber’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Chamber shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Chamber has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

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The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.

5.3 Indemnification. To the full extent permitted by law, Chamber agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Chamber, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Chamber is legally liable (“indemnitors”), or arising from Chamber’s or indemnitors’ reckless or willful misconduct, or arising from Chamber’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Chamber and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Chamber shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Chamber shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Chamber in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Chamber. Chamber shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Chamber shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or

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court order shall not be considered “voluntary” provided Chamber gives the City notice of such court order or subpoena.
(c) If Chamber provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Chamber for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Chamber’s conduct.
(d) Chamber shall promptly notify the City should Chamber be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Chamber or be present at any deposition, hearing or similar proceeding. Chamber agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Chamber.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Chamber in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Chamber shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Chamber with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that the Chamber is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Chamber for any work performed after the date of default. Instead, the City may give notice to Chamber of the default and the reasons for the default. The notice shall include the timeframe in which Chamber may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Chamber is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Chamber does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or

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injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Chamber shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

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

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

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Chamber covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Chamber shall take affirmative action to ensure that applicants are employed and that employees are treated during

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employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Chamber, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Chamber or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Irwindale, 5050 N Irwindale Ave, Irwindale, CA 91706 and in the case of the Chamber, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

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

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8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Chamber warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Chamber further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Chamber is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Chamber’s Authorized Initials _______

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

01005.0001 2010846.1 -10-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

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

Laura Nieto, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CHAMBER:
_______________________________
By:

Name: Steven Hillgren
Title: Chair of the Board
By:

Name: Lily Phan
Title: President/CEO
Address: 5155 N Irwindale Ave
Irwindale, CA 91706
Two corporate officer signatures required when Chamber 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. CHAMBER’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 CHAMBER’S BUSINESS ENTITY.

01005.0001 2010846.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

01005.0001 2010846.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

D-1
01005.0001 2010846.1
EXHIBIT “A”

SCOPE OF SERVICES
The CHAMBER shall be responsible for providing the following:

1. Cornerstone Club Member
Recognize CITY as a Cornerstone Club Member Platinum level, receiving all consideration, benefits, sponsorship, and advertising opportunities that inure to the benefits of the highest Cornerstone Club member.

2. Economic Vitality
A. Serve as information bureau to its members and new businesses by properly communicating CITY information. The information bureau shall serve the business and residential community.

B. Answer inquiries concerning community facilities and services and refer callers to appropriate CITY departments.

C. Assist the CITY in the attraction, retention, and expansion of business in Irwindale through collaboration with the Economic Development Division, which shall reach out to businesses and offer workshops and assistance to the business community.

D. In coordination with the City Economic Development Division, conduct monthly business visits to businesses within City proper, and any needed follow-ups.

E. Provide businesses with an avenue to announce their presence in the community at large, through groundbreaking events, ribbon-cutting ceremonies and open houses.

3. Promoting the Community
A. In coordination with the City, plan an annual Reception event for the Mayor.

B. Maintain an up-to-date website with pertinent community information with links to CITY’s website.

C. Promote City activities, events, and initiatives via all the Chamber’s Social Media Network(s).

D. Participate in the City’s community business expo event(s).

4. Community Activities

01005.0001 2010846.1
A. Work with CITY in co-sponsoring agreed-upon community activities and be responsible for publicizing CITY and/or CHAMBER-sponsored activities, including but not limited to the annual job fair / community picnic, First Responders Appreciation Day.
i. Promote CITY events by providing a link on the CHAMBER website to the CITY website.

B. Showcase CITY dignitaries, employees, and Young Citizens at CHAMBER events.
i. Annual Golf Tournament
a. Provide CITY with up to three (3) complimentary golf foursomes. b. Recognize CITY as a co-partner in event promotion. It is understood that said co-partnership does not constitute any additional commitment of funds from CITY beyond those in Section 3.1 of this Agreement.
c. Provide gift card for total up to $500 to be given as a raffle prize by the City during the Tournament.
ii. Annual Installation Event
a. Invite the Mayor to preside over the swearing-in ceremony for the Board of Directors.
b. Invite City Council to participate in ceremonial roles. c. Recognize CITY as a co-partner in event promotion. It is understood that said co-partnership does not constitute any additional commitment of funds from CITY beyond those in Section 3.1 of this Agreement.
d. Provide CITY with up to two (2) complimentary tables.

5. City Representation at Chamber Functions
Provide CITY with 24 complimentary seats during the term of this Agreement at events, breakfasts, or mixers.

Provide CITY with one (1) complimentary table at each Chamber legislative leadership luncheon throughout the period of this Agreement.

01005.0001 2010846.1
Provide CITY with one (1) complimentary table at the Holiday luncheon.

6. Education Programs
At CHAMBER’s discretion, CHAMBER may disseminate information to the business community of pending Federal, State, and City legislative actions that may impact the community, its citizens, and businesses.

7. Quarterly Report
Present a written and verbal report to the CITY quarterly, at the second City Council meeting in January, April, July, and October, summarizing the current activities in compliance with the requirements of this Agreement.

8. Strategic Business Plan
Submit a Strategic Business Plan to the City Council annually by April 30 for review and comment.

9. Funding Process
On April 1 of each year during the term of this Agreement, CHAMBER shall submit a funding request letter along with a recap of CHAMBER activities conducted during the previous fiscal year. The City Council shall consider the funding required in its annual budget development process.

10. Audit
At all times during the term of this Agreement, CHAMBER shall permit a designated CITY representative to examine its financial records and make such records available for examination during normal business hours.

11. City Assistance
In order to carry out some programs and activities called for in this Agreement, it may be necessary for the CITY to assist CHAMBER. Such activities may include up to three (3) E-Waste Collections and Fall Forum. Upon completion of established application procedures (or in written form if no application procedure exists), availability and approval by CITY, CITY, as its sole discretion, may provide CHAMBER with facilities, personnel and other assistance CITY deems fit. It is understood there will be no charge to CHAMBER for this assistance.

Item #20.E.

Date: June 11, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for Construction of the FY 24-25 Pavement Rehabilitation Project City Manager's Recommendation:

That the City Council (1) authorize the City Manager to enter into an agreement with Sully-Miller Contracting Company in the amount of $568,127.85 for the 2024-2025 Pavement Rehabilitation Project; (2) approve a 10% construction contingency in the amount of $56,812.80 to cover any unforeseeable conditions that may arise during construction.

Administrative Action:

Submitted by:

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

Luis Pimentel, Associate Engineer
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

The City’s resurfacing program provides required maintenance to the City’s street system, which extends the life of City streets and minimizes costly repairs, such as reconstruction. The 2024-2025 Pavement Rehabilitation Project is identified in the City’s Capital Improvement Program, and includes Myrtle Avenue with speed humps being installed on Hidalgo Street. The project also includes replacing damaged concrete sidewalks on Myrtle Avenue.

On May 12 and 19, 2025, a Notice Inviting Bids for the project was advertised in the San Gabriel Valley Tribune. The final submission date for bids on PlanetBids was May 28, 2025 at 11:00 am. The City received (9) bids with the following results:

Contractor Total Bid Amount
1 Sully-Miller Contracting Company $568,127.85
2 Estate Design and Construction $584,675.27
3 Gentry Brothers, Inc. $634,425.00
4 All American Asphalt $634,644.00
5 Onyx Paving Company $636,000.00
6 Calmex Engineering Inc. $683,422.90
7 Hardy & Harper, Inc. $698,500.00
8 Excel Paving $706,436.70
9 LCR Earthwork & Engineering Corp $955,002.50
Staff reviewed the bid proposals and found Sully-Miller Contracting Company to be the lowest responsible bidder with a valid California contractor's license, Department of Industrial Relations (DIR) registration, not barred from bidding on public works contracts, and having good references.

Staff recommends the contract be awarded to Sully-Miller Contracting Company in the amount of $568,127.85 for the 2024-2025 Pavement Rehabilitation Project.

It is anticipated that there will be a cost of $50,000 for work related to construction inspections and quality control. This work will be performed by one of our consultants under the City’s existing On-Call As Needed Consulting Services List.

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

Fiscal Impact:

Funding for this project has been budgeted in the FY 2024-2025 CIP Budget as Pavement Rehabilitation

Program (Account No. 48-80-800-45300-8359). The total cost for this Project is $674,940.65 (Total Bid:
$568,127.85 + $56,812.80 (10% Construction Contingency) + $50,000.00 (Construction Inspection & QC). The Project is budgeted for $600,000 plus the carryover from the Residential Resurfacing Project III in the amount of $200,000 for a total available amount of $800,000. This Project is funded through the General Fund, Mining Impact Fund, Gas Tax, Prop C, TDA, Measure R, and Measure M funds. There is sufficient funding for the Pavement Rehabilitation Project.

Attachments:

1. 06-11-2025 Award of Contract for Construction of the 24-25 Pavement Rehabilitation Project; P1068 - AGREEMENT (2010766.1)

Project Name/No.: 2024-2025 Pavement Rehabilitation Project; P-1068 Approved: June 11, 2025
01005.0006 2010766.1 1

PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT

BETWEEN THE CITY OF IRWINDALE AND

SULLY-MILLER CONTRACTING COMPANY
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 11th day of June, 2025, by and between the City of Irwindale, a California charter city (“City”) and Sully-Miller Contracting Company, 135 S. State College Boulevard Suite 400, Brea, CA 92821 (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

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

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

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

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

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

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

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

The Scope of Services shall include Contractor’s Proposal or Bid Documents submitted for the project entitled 2024-2025 Pavement Rehabilitation Project; P-1068 (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Proposal” or “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction

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

1.2 Incorporation of Green Book.

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

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

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

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

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

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

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

1.7 Unidentified Utilities.

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

1.8 Trench Excavation.

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

1.9 Protection and Care of Work and Materials.

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

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1.10 Warranty.

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

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

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

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

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

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(b) Any increase in compensation of up to five percent (5%) of the Contract Sum or any increase in the time to perform of up to one hundred eighty (180) working days and which are not detrimental to the Work or to the interest of the City, may be approved by the City’s Director of Public Works Engineering or City Engineer, or either of their designees. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and City’s Director of Public Works Engineering or City Engineer, or either of their designees. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.12 Special Requirements.

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

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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in the “Schedule of Compensation,” attached hereto as Exhibit C and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of an amount not to exceed Five Hundred Sixty-Eight Thousand, One Hundred Twenty-Seven Dollars and 85/100 Cents ($568,127.85) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Bid Documents and this Agreement. The Contract Sum shall be made in the form of progress payments subject to retention pursuant to Section 2.4.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.
(a) Payments Made by City. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid any progress payment within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code

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Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
(b) Payments Made by Contractor to Subcontractors. Contractor shall remit payments owed to subcontractors within fifteen (15) calendar days after receiving payments by City if payments are owed by Contractor to any subcontractor qualifying as a small business enterprise, and within thirty (30) calendar days if payments are owed by Contractor to any subcontractor other than a small business enterprise.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Waiver.

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

2.6 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall complete the Project within Thirty (30) working days after receiving a “Notice to Proceed” from the City in accordance with any schedule contained in or required to be provided by the Proposal or Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City’s acceptance of the Project.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Five Hundred Dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Force Majeure.

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

3.4 Final Acceptance.

Acceptance of the Project shall only be by action of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall constitute a waiver by City of any defects in the work. From and after acceptance, the Project shall be owned and operated by City.

As a condition to acceptance, Contractor shall certify to City in writing that all of the work has been performed in strict conformity with the Agreement and that all costs have been paid or supplied to City for security required herein, satisfactory to City, guaranteeing such performance.

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ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

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

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

4.2 Status of Contractor.

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

4.3 Project Manager.

The Project Manager shall be Luis Pimentel or any other person as may be designated by the City’s Director of Public Works Engineering or City Engineer. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City’s Director of Public Works Engineering or City Engineer, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

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4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and

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property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area.

If the Project does not involve new or major reconstruction, then at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the work, including during transit, installation, and testing at the Project site.
(e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits

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maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General and auto liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

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(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

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5.5 Performance and Payment Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section

2.1. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on the applicable forms provided in Exhibit “D” and Exhibit “E” attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds may be changed accordingly upon receipt of written notice from the City’s Risk Manager.

5.7 Release of Securities.

City shall release the performance bond and payment bond when the following have occurred:
(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

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

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT; DEFAULT, SUSPENSION AND

TERMINATION

7.1 California Law.

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

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7.2 Default of Contractor.

Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate or suspend this Agreement immediately by written notice to Contractor. If the Project Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the Project Manager shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7.3 Suspension and Termination.
(a) The City may at any time, for any reason, with or without cause, suspend this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. (b) This Agreement may be terminated by either party for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for completion of any portion of the Project accepted by City up to the effective date of termination unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion.

7.4 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:

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(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that

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taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in

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Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

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7.5 Waiver.

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

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

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

7.6 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.7 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the Interim Director of Engineering/Building Official and to the attention of the Project Manager (with her/his name and City title), City of Irwindale, 5050 N. Irwindale Ave, Irwindale, California 91706 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this

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Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

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

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

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

9.7 Warranty & Representation of Non-Collusion.

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

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other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Contractor’s Authorized Initials _______

9.8 Corporate Authority.

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

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

CITY:

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

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

ALESHIRE & WYNDER, LLP
_____________________________
Adrian Guerra, City Attorney
CONTRACTOR:

Sully-Miller Contracting Company
By: _____________________________
Name:

Title:

By: ______________________________
Name: ______________________________
Title: ______________________________
Address: Sully-Miller Contracting
Company
135 S. State College Blvd,
Suite 400
Brea, CA 92821
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

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

01005.0006 2010766.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

01005.0006 2010766.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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

01005.0006 2010766.1 A-1

EXHIBIT A

SCOPE OF SERVICES
I. Contractor will perform construction services related to the 2024-2025 Pavement Rehabilitation Project for Myrtle Avenue & Hidalgo Street, which is identified in the City’s Capital Improvement Program, and incorporated herein as though set forth in full.

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

A. Resurface/reconstruct Myrtle Avenue.

B. Remove existing and construct new sidewalk panels on Myrtle Avenue.

C. Install speed humps on Hidalgo Street.

III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

01005.0006 2010766.1 A-2

EXHIBIT B

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

01005.0006 2010766.1

EXHIBIT C

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

01005.0006 2010766.1

01005.0006 2010766.1

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II. The City will compensate Contractor for work performed and expenses incurred toward completion of the Project upon submission of a valid invoice. In addition to what is required under Section 2.2 of the Agreement, each invoice is to include:

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

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

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

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

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

III. The total compensation for the Project shall not exceed $568,127.85 as provided in Section 2.1 of this Agreement.

01005.0006 2010766.1

EXHIBIT D

PERFORMANCE BOND
PROJECT NO. ________
We, _________, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Irwindale (“City”) for payment of the penal sum of __________ U.S. Dollars and ____ Cents ($_______). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the City, City’s engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall exist, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement, and payment by Surety should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the City is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

01005.0006 2010766.1
Executed this day of _________, ____.

Seal of Corporation _____________
By:____________________________________
Authorized Representative of Principal
Title: _____________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) _____________________
[name of surety company]
_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________
Telephone Number
By:____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

01005.0006 2010766.1

EXHIBIT E

PAYMENT BOND
PROJECT NO. ________
We, ______, as Principal, and ____________, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Irwindale (“City”) and those for whose benefit this bond insures in the sum of ______________ U.S. Dollars and ______ Cents ($________). City and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference herein, for completion of public works for the property(ies) referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by City and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with City such amount as City may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and City regarding Principal's failure under the agreement.

Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should City become a party to any action on this bond, that each will also pay City's reasonable attorneys' fees incurred therein in addition to the above sums.

01005.0006 2010766.1
Executed this _____________ day of ___________, ______.

Seal of Corporation ______________
By:______________________________
Authorized Representative of Principal
Title: __________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) ________________
[name of surety]

_________________________ _____________________________ Name Street Number
_________________________ _____________________________ Street Number City and State
_________________________ _____________________________ City and State Telephone Number
_________________________
Telephone Number
By:_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

Item #22.A.

Date: June 11, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Update on the Irwindale Community Foundation Carshow Fundraising Event City Manager's Recommendation:

That the Irwindale City Council receive an update from the Irwindale Community Foundation regarding the Car Show fundraiser scheduled for September 27, 2025, and provide direction.

Administrative Action:

Submitted / Prepared by:

Theresa Olivares, Assistant City Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The Irwindale Community Foundation desires to host a car show on Saturday, September 27, 2025, at the Park @ Live Oak - 1270 Arrow Highway, Irwindale, CA. The update for this event will be provided by Irwindale Community Foundation's Vice-Chair Steven Hillgren. Attached to this report is a copy of the Irwindale Community Foundation Agenda Report dated May 27, 2025, including a PowerPoint presentation.

Fiscal Impact:

None

Attachments:

1. May 27, 2025 ICF Agenda Report

Item #3.

AGENDA REPORT
Date: May 27, 2025
To: Honorable Chair and Members of the Irwindale Community Foundation Board From: Julian A. Miranda, Executive Director
Issue: Receive an update on the Irwindale Community Foundation Car Show from and provide direction
Executive Director's Recommendation:

The the Irwindale Community Foundation receive an update on the Irwindale Community Foundation Car Show Fundraiser and provide direction.

Administrative Action:

Submitted/Prepared by:

Theresa Olivares, Assistant City Manager
Reviewed by:

Kambiz Borhani, Treasurer
Approved by:

Julian A. Miranda, Executive Director
Background and Analysis:

The Ad Hoc Committee for the Irwindale Community Foundation's Car Show Fundraiser has been busy planning and organizing this upcoming event and desires to provide the Board with an update on the event and a draft budget proposal. Specific details for the event are as follows (to be supplemented by a PowerPoint Presentation):

1. Event Date: September 27, 2025

2. Event Time: 9 am - 4 pm (vehicle/vendor load-in: 7 am - 9 am, event clean-up: 4 pm - 6 pm)

3. Location: The Park @ Live Oak (1270 Arrow Highway) - Parking lot area and concession stand area will need to be disked before the event.

4. Entry Fees: 0-17: Free, 18 and older: $25, car show entry fee: $40

5. Site Plan: Draft site plan is included in the PowerPoint Presentation.

6. City of Irwindale Special Event Permit:
o Application has been started and is nearly complete.
o Requesting Special Event Permit fee waiver from the City of Irwindale ($150). o Requires hiring a traffic engineer to conduct a traffic plan - the street will need to be closed, ingress and egress to the site will need to be identified to minimize the traffic impacts, and traffic cones, signs, and barricades may be needed for safety precautions.

Traffic control plan is $1,800. If day of traffic control is require, cost is $2,000. o Security will be required for the event. Committee has a proposal from Absolute International Security for day of security at a cost of $1,200. Services from the City of Irwindale police department need to be determined and will be brought back at a future date for discussion and the Board's consideration.
o Special Event Insurance will need to be purchased. This insurance will need to indemnify the property owner, City of Irwindale, and the Irwindale Community Foundation. The cost of the insurance will be determined once all the elements of the event have been finalized, including the number of cars in the car show, number of concession stands (food, alcohol, vendors), number of attendees, entertainment, children area attractions, and any other planned activities. o Health Department Permit ($358) - Required to sell food. Some food vendors may have their own health department permit.
o Temporary Sellers Permit - all vendors will be required to apply for a temporary sellers permit to sell food and other merchandise at the event. o City of Irwindale Business License - all vendors will be required to apply for a City of Irwindale Business License to sell food and other merchandise at the event

7. Trash receptacles - Sponsored by Athens Services who will provide cardboard trash receptacles and a trash bin.

8. Restrooms - Provided by Athens Services and will be donated by local businesses. Restrooms will include ADA accessibility and handwashing stations.

9. Rentals - Canopy, entertainment stage, chairs, and tables. May also need to rent refrigerators and handwashing stations for food vendors if the vendors do not have them.

10. Audio - Speakers, microphone, and sound system for entertainment may be donated by local Irwindale resident, or will be contracted out.

11. Food Vendors and Craft Vendors - securing food trucks and other food vendors for this event.

Event will also be open to craft / merchandise vendors to sell items. Vendors to pay a minium fee, estimated to be $200 per vendor (subject to change).

12. Beer garden
o Area to be fenced off and secure
o ID's will be checked and wristbands (donated by Dolores Amador) will be issued to individuals who are 21 and older.
o ABC liquor license is required for the event. Raul and Carol Hernandez will assist with

this area and have the required ABC license.

13. Car Show Awards/Categories
o Mayor's Trophy (trophy provided by Mayor Larry G. Burrola) o Other categories will be determined at a later date.
o Car Clubs have been informed of this event and are interested in participating.

14. Entertainment - securing local talent for this event (potential entertainment includes Dog Face, Bobby Espino, Loretta Corpis, Cycle Punks, Namek, DJ Jimmy Jamzz, Irwindale Cheer Team).

15. Children's Activity Area - planning on having various activities for children. Will not include a bounce house.

16. Additional Activities
o Horse Shoe Tournament
o 50/50 Raffle

17. Will need an Event emcee.

18. Time will be set aside in the schedule to thank all the ICF supporters (past and present).

19. Event flyers, advertisements, printing promotional materials.

20. Set up of event registration on Event Brite - this will require the assistance of Treasurer and promotional materials for the event.

21. Additional items needed:
o Walkie Talkies for event organizers to communicate with one another o First Aid tent
o Generators for entertainment and potentially for food vendors - Nick Lopez is working on this

22. Sponsorship Levels
o Title/Gold Sponsor: $10,000
o Silver Sponsor: $5,000
o Bronze Sponsor: $1,000

23. City of Irwindale Use of Billboard Request - Submit a written request for ICF to use one of the City's billboard advertising space to announce the event and sponsorship opportunities. ICF will need to prepare print-ready artwork according to the specifications provided by the billboard company. Desire to have the display up for 30 days leading up to the event.

24. Inclusion of City Departments - Rockabilities, Cheer, Seniors, Teen Club, Tiny/Tiny Tots

25. Volunteers are being secured for this event.

Fiscal Impact:

None.

Attachments:

1. ICF Car Show Budget

2. PowerPoint Presentation

Car Show Budget
Revenues
Car Show Participants $ 6,000 150 cars @ $40 per car
Attendees 18,750 750 attendees @ $25 per person (Kids under 18 free) 50/50 Raffle 2,500 250 people participate at an average of $20 ($10 winnings to ICF) % of Vendor Sales 4,000 20 vendors @ $200 flat rate
Sponsorships 40,000 Per esimtated sponsor levels and amounts $ 71,250
Expenses
Permits
Special Event Permit $ - $150 - Request for Waiver.

Event Organizer Permit 358 Per LA County Health Department Alcohol 100
Traffic Engineer 1,800 Per TRS Traffic Solutions
Police Department - Request Waiver For Police Services
Special Event Insurance 2,000 Estimate
Contingency 852 20% of above
5,110
Day Of Expenses
Security 1,200 Absolute Security Proposal
Trash - Provided by Athens
Restrooms - Provided by Athens (likely to be Sponsored by business community) Event Set Up / Clean-Up 3,000 Estimate
Speakers 2,000 Per DJ Band Supply
Tables/Chairs 3,000 Estimate
Tenting 2,000 Per CPG Tents and Events
Stage 1,600 Per DJ Band Supply
Traffic Control 2,000 Per TRS Traffic Solutions - May not be required Signage 2,000 Estimate
Contingency 3,360 20% of above
20,160
Total Expenses 25,270
Net Income $ 45,980

Details
• Date: Saturday, September 27th
• Location: The Park @ Live Oak (1270 Arrow Hwy)
• Ticket Prices: $25 for adults. Kids under 18 free
• 150 classic cars +/-
• 20 food and local vendors +/-
• Beer Garden
• Live music entertainment
Sponsorship Levels
• Gold – One sponsor at $10,000
• Top Event Billing & Mayors Trophy Presenter
• Banner on the Stage
• Silver – Four sponsors at $5,000
• Presenting sponsor of one of the car awards
• Banner Signage and program recognition
• Bronze – Ten sponsors at $1,000
• Banner Signage and program recognition

Site Details

Budget
Car Show Budget
Revenues
Car Show Participants $ 6,000 150 cars @ $40 per car
Attendees 18,750 750 attendees @ $25 per person (Kids under 18 free) 50/50 Raffle 2,500 250 people participate at an average of $20 ($10 winnings to ICF) % of Vendor Sales 4,000 20 vendors @ $200 flat rate
Sponsorships 40,000 Per esimtated sponsor levels and amounts $ 71,250
Expenses
Permits
Special Event Permit $ - $150 - Request for Waiver.

Event Organizer Permit 358 Per LA County Health Department Alcohol 100
Traffic Engineer 1,800 Per TRS Traffic Solutions
Police Department - Request Waiver For Police Services
Special Event Insurance 2,000 Estimate
Contingency 852 20% of above
5,110
Day Of Expenses
Security 1,200 Absolute Security Proposal
Trash - Provided by Athens
Restrooms - Provided by Athens (likely to be Sponsored by business community) Event Set Up / Clean-Up 3,000 Estimate
Speakers 2,000 Per DJ Band Supply
Tables/Chairs 3,000 Estimate
Tenting 2,000 Per CPG Tents and Events
Stage 1,600 Per DJ Band Supply
Traffic Control 2,000 Per TRS Traffic Solutions - May not be required Signage 2,000 Estimate
Contingency 3,360 20% of above
20,160
Total Expenses 25,270
Net Income $ 45,980

Recommended Next Steps
• Submit for approval of the Special Event Permit (Request waiver for $150 permit fee)
• Submit for approval of the Community Event Organizer
Permit with LA Dept. of Health ($358)
• Engage TRS Traffic Solutions for traffic control plan ($1,800)
• Approve $100 for Licensed Caterer (Alcohol) permit

Item #22.B.

Date: June 11, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Discussion Regarding a Potential Retail Corridor Study for Arrow Highway City Manager's Recommendation:

That the City Council discuss initiating a Retail Corridor Study along Arrow Highway and provide direction to staff regarding the next steps, including the scope and objectives.

Administrative Action:

Submitted by:

Julian A. Miranda, City Manager
Prepared by:

Iris Espino, Assistant to the City Manager
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

Arrow Highway is a key east-west arterial corridor in Irwindale, connecting various commercial, industrial, and residential zones. As development pressures increase across the San Gabriel Valley, the City has an opportunity to evaluate the retail potential of the Arrow Highway corridor and strategically plan for revitalization, enhanced land use, and economic development.

Several properties along Arrow Highway have been underutilized or experienced disinvestment recently.

Stakeholders are interested in exploring how the corridor could be better positioned to attract and retain quality retail, service, and/or mixed-use developments.

DISCUSSION
A Retail Corridor Study would allow the City to:
• Assess current market conditions and commercial viability. • Identify gaps in retail offerings and potential demand generators. • Evaluate zoning and land use regulations that may inhibit or enable development. • Create a vision for cohesive urban design, branding, and streetscape enhancements. • Engage stakeholders, including property owners, developers, businesses, and residents.

Such a study could focus on a defined stretch of Arrow Highway (e.g., between streets) and provide the City with data-driven strategies to attract investment and improve economic vitality. Potential areas for the Arrow Highway corridor could be:
• Between Vincent Avenue and Azusa Canyon Road
• Between Irwindale Avenue and Vincent Avenue
• Between Azusa Canyon Ave and Irwindale Avenue
Key topics for discussion and direction:
• Study Area Boundaries: Clarify the geographic scope of the proposed study. • Study Objectives: Determine the desired outcomes (e.g., feasibility, visioning, economic analysis). • Consultant Engagement: Whether staff should issue a Request for Proposals (RFP) to retain planning and economic development consultants.
• Timeline: Determine the urgency and schedule for launching the study.

NEXT STEPS
Should the Council direct staff to proceed, next steps may include:

1. Drafting a scope of work for consultant services.

2. Preparing and issuing an RFP for the Retail Corridor Study.

3. Returning to Council with a recommended consultant and contract for approval.

4. Coordinating community outreach and stakeholder engagement.

Fiscal Impact:

There is no fiscal impact at this time. If the Council directs staff to move forward with a study, a proposed budget and funding source will be brought back for formal approval.

Attachments:

None

Item #23.A.

Date: June 11, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Public Hearing for Irwindale Business Center Sewer and Street Lighting Maintenance Assessment Districts
City Manager's Recommendation:

That the City Council (1) conduct a Public Hearing for public comments; (2) Adopt Resolution No. 2025- 50-3638 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2025-2026, BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026, FOR MAINTENANCE, OPERATION, AND CAPITAL

REPLACEMENT OF THE CITY'S SANITATION AND SEWAGE SYSTEMS WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE IRWINDALE BUSINESS CENTER; and (3) Adopt Resolution No. 2025-51- 3639 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2025-2026 BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026, FOR MAINTENANCE OF STREET LIGHTING LOCATED WITHIN THE EXISTING IRWINDALE BUSINESS CENTER STREET LIGHTING MAINTENANCE DISTRICT”.

Administrative Action:

Submitted/Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Prepared by:

Jeanette Duran, Finance Manager
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On or about June 28, 2001, in Fiscal Year 2001-2002, the City Council of the City of Irwindale ("City Council") adopted the Sewer Maintenance District (Irwindale Business Center) and established a sewer maintenance charge for the Sewer Maintenance District for the manner of levying such charge and maximum amounts to be charged for the fiscal year pursuant to the Improvement Act of 1911 (Streets & Highways Code § 5000 et seq.) (“Act”);
Furthermore, in Fiscal Year 2001-2002, the City of Irwindale (“City”) formed the Street Lighting Maintenance District (Irwindale Business Center) Resolution Number 2001-42-1762, to generate revenue and finance the cost of providing maintenance for the existing public street lighting system within the Irwindale Business Center. The Irwindale Business Center is a 116-acre private industrial development and the improvements to be maintained within the Street Lighting Maintenance District are appurtenant thereto within and benefiting all assessable parcels of land within the Street Lighting Maintenance District.

In order to maintain the Sewer Assessment District and the Street Lighting Assessment District, both located within the Irwindale Business Center, (each, “Assessment District” and collectively, “Assessment Districts”) and to establish the charge rate for the Fiscal Year 2025–2026 assessments, the City retained a professional engineering consulting firm for the preparation of the Engineer's Report for each Assessment District. The Engineer's Report for the Irwindale Business Center Sanitation and Sewage System is prepared in accordance with the methodology stated in Section 5473 of the Health and Safety Code. The Engineer's Report for the Irwindale Business Center Street Lighting Maintenance District is prepared in accordance with the methodology stated in Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, beginning with section 22565 et seq.

1. The proposed assessments will defray the City’s costs in the administration of the Assessments Districts. The property owner will have an opportunity to address the City Council concerning the assessment district during the public hearing. Following the completion of the public hearing, the City Council will vote on the property assessments for the street lighting and sewer maintenance charges for Fiscal Year 2025-2026 and instruct the County Assessor’s office for the

collection of tax bills.

2. Copies of the two approved Engineer’s Reports are included with the Resolution for each Assessment District.
a. The Sewer Maintenance District anticipated assessment levy is $1,608.62 per Benefit Unit for Fiscal Year 2025-2026, which is based on the estimated cost of operations, maintenance, and future lift station replacement for that year.
b. The Street Lighting Maintenance District assessment to be levied is based upon each parcel within the boundaries of the District and the assessment was based solely on the benefit received from the streetlight maintenance. The Assessment per Benefit Unit is $155.33.

3. The Public Hearings for the Irwindale Business Center Sewer Maintenance District and Irwindale Business Center Street Lighting Maintenance District have been duly noticed in accordance with applicable laws. Following the completion of the respective Public Hearing, it is recommended that the City Council adopt the corresponding resolutions.

Fiscal Impact:

All costs for the maintenance and administration of the two Assessment Districts are budgeted and accounted for in the City’s Irwindale Business Center Assessment District Funds 44 and 45. There is no impact to General Fund expenditures, and there is nominal revenue reimbursed to the General Fund as administrative overhead for staff time allocated to the two assessment districts.

Attachments:

1. Resolution No. 2025-50-3638 Sewer Assessment (2010785.1)

2. FY 25-26 Engineer's Report for IBC - SMD

3. Resolution No. 2025-51-3639 Street Lighting Maintenance District Assessment (2010801.1)

4. FY 25-26 Engineer's Report for IBC - SLMD

Resolution No. 2025-50-3638

01005.0001 2010785.1
RESOLUTION NO. 2025-50-3638

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2025-2026, BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026, FOR MAINTENANCE, OPERATION, AND CAPITAL
REPLACEMENT OF THE CITY’S SANITATION AND SEWAGE SYSTEMS

WITHIN THE SEWER MAINTENANCE DISTRICT LOCATED WITHIN THE

IRWINDALE BUSINESS CENTER
WHEREAS, on or about June 28, 2001, the City Council of the City of Irwindale (“City Council”) established a sewer maintenance charge for the Irwindale Business Center for Fiscal Year 2001-2002, the manner of levying such charge and maximum amounts to be charged for the fiscal year; and WHEREAS, pursuant to Government Code sections 53750 et seq. a fee or charge is increased for the purposes of Article XIIID of the California Constitution, (“Proposition 218”) where the methodology used to calculate the fee or charge is revised and the revision results in an increased amount being levied on any person or parcel; and
WHEREAS, pursuant to Proposition 218, in adopting the sewer and maintenance charge for Fiscal Year 2001-2002, the City complied with the notice, protest, and hearing requirements of Government Code sections 53750 et seq. and Proposition 218; and
WHEREAS, an Engineer’s Report entitled “Sewer Maintenance District (Irwindale Business Center)” (“Engineer’s Report”) for Fiscal Year 2025-2026 has been prepared and filed with the City Clerk and all interested persons are referred to the attached Engineer’s Report for a full and detailed description of the sewer fees and charges (collectively “Sewer Maintenance Charge”) and boundaries thereof, the work and the proposed amount and parcels within the boundaries subject to such Sewer Maintenance Charge; and
WHEREAS, the City Council has duly considered each and every part of the Engineer’s Report; and
WHEREAS, the Engineer’s Report has not changed the methodology, formula or range of calculating the Sewer Maintenance Charge as that approved by the City Council for the 2001-2002 fiscal year, and as such, the notice, protest and hearing requirements of Government Code sections 53750 et seq. or Proposition 218 are inapplicable to the adoption and imposition of the Sewer Maintenance Charge.

Resolution No. 2025-50-3638

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

SECTION 1. The above recitals are true and correct and incorporated herein by this reference.

SECTION 2. Following publication, as required by Section 5473.1 of the California Health and Safety Code, the City Council has held a hearing to hear and consider all objections or protests to the Engineer’s Report. The City Council hereby finds and determines that protests have not been made by the owners of a majority of separate parcels of property described in the Engineer’s Report.

SECTION 3. That pursuant to Section 5473.3 of the Health and Safety Code, the Engineer’s Report filed with the City Clerk on May 14, 2025, is hereby approved and adopted and the Sewer Maintenance Charge is hereby determined and ordered to be the charges and fees for each legal parcel of land in the assessable parcels of land within the District for Fiscal Year 2025-2026, for the maintenance of the City’s sanitation and sewerage system within the District. The amount of the Sewer Maintenance Charge shall constitute a lien against the lots or parcels of land against which the Sewer Maintenance Charge has been imposed as provided in Section 5473.5 of the Health and Safety Code.

SECTION 4. As provided in Sections 5470 et seq. of the Health and Safety Code, the Director of Public Works/City Engineer and City Clerk are hereby authorized and directed to make the necessary filings for the City of Irwindale for Fiscal Year 2025-2026 concerning the Sewer Maintenance Charge as part of the property tax collection procedure. The Sewer Maintenance Charge shall be collected on the tax roll in the same manner, by the same person, and at the same time, as together with and not separately from, the general property taxes, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as the general property taxes.

SECTION 5. The City of Irwindale provides sewer services to the properties described in the Engineer’s Report and the City will incur expenses for operation and maintenance of the System. The City Council does hereby determine that the public interest, convenience and necessity require that the Sewer Maintenance Charge, as proposed, be imposed upon all real properties located within Tract No. 25436 and be collected by placing the same on the tax bills issued pursuant to rolls for collection. Passage of this Resolution shall constitute the imposition of the Sewer Maintenance Charge for the fiscal year referred to in the Engineer’s Report.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution and the Engineer’s Report and forward a certified copy hereof to the Tax Collector and Auditor of the County of Los Angeles.

Resolution No. 2025-50-3638

01005.0001 2010785.1
PASSED, APPROVED, AND ADOPTED, this 11th day of June, 2025. __________________________
Larry G. Burrola, Mayor
ATTEST:
_________________________
Laura Nieto
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }

Resolution No. 2025-50-3638

I, Laura Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-50-3638 was duly adopted by the City Council of the City of Irwindale, at a special meeting held on the 11th day of June 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

City of Irwindale
Sewer Maintenance District
(Irwindale Business Center)

2025/2026 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: May 14, 2025
Public Hearing: June 11, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com

ENGINEER'S REPORT AFFIDAVIT
Establishment of Sewer Maintenance Charge for the:

Irwindale Business Center
City of Irwindale
Los Angeles County, State of California
This Report identifies the parcels within the District, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Irwindale
By:___________________________ By:__________________________ Chonney Gano Tyrone
Project Manager, District Administration Services P. E. # C 81888 I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____day of________, 2025.

By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Irwindale, California, on the _____day of________, 2025.

By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California

Table of Contents
I. Introduction ............................................................................................................ 1 II. Description of the Improvements ......................................................................... 1 III. Estimate of Cost..................................................................................................... 2 IV. Method of Apportionment and Rate Calculator................................................... 3 V. District Assessment Diagram ............................................................................... 5 VI. 2025/2026 Assessment Roll .................................................................................. 6

2025/2026 City of Irwindale Page 1
Sewer Maintenance District (Irwindale Business Center)
I. Introduction
To establish a revenue source based on benefit to property for funding the maintenance of public sewer facilities in the 116-acre private development, Irwindale Business Center, the City Council directed the City Engineer to facilitate the formation of the Sewer Maintenance District (Irwindale Business Center) (the “District”) under the Health and Safety Code (“H&SC”), Sections 5470 et. seq., entitled "Sanitation and Sewerage Systems" which provides a method for collecting funds for the maintenance of sewer facilities on the property tax bills. The funding supported the maintenance of a sewer system and a lift station and the future replacement of the lift station (estimated for the year 2026) in the area known as the Irwindale Business Center.

In Fiscal Year 2001/2002, the City Council of the City of Irwindale (the “City”) established the Sewer Maintenance District (Irwindale Business Center). The noticing and balloting requirements and other applicable provisions of Article XIIID of the California State Constitution were followed with respect to the formation of the Sewer Charge. It was determined that the sewer maintenance charge was a property-related charge and should be levied upon each parcel within the boundaries of the Irwindale Business Center. A maximum charge rate of $829.38 per benefit unit (“BU”) was established for Fiscal Year 2001/2002.

The rate imposed each year will be based on the estimated cost of operations, maintenance, and future lift station replacement for that year. For any year in which all other rates imposed under the Sewer Charge are adjusted by the change in the Consumer Price Index (“CPI”), the maximum rate will also be adjusted by the CPI.

Section 5473 of the H&SC requires this Engineer's Report (“Report”) to be prepared and filed with the City Clerk each year for the purpose of establishing the charge rate. The charge rate for Fiscal Year 2025/2026 is presented herein in accordance with the methodology as set forth below.

Following approval of this Report, the City Council will hold a public hearing to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing, the City Council may adopt a resolution confirming the levy of the charge as proposed or as modified.

II. Description of the Improvements
The City's existing sewer system facilities in the Irwindale Business Center include approximately 7,500 L.F. of 8" to 12" VCP gravity public sewer main and a sewer lift station, (3'-6" X 14", 1400 GPM, 75 HP dry well pumps and a 12,000 gallon wet well) built to capacity for the project.

2025/2026 City of Irwindale Page 2
Sewer Maintenance District (Irwindale Business Center)
III.Estimate of Cost
The cost of operation, maintenance, servicing of the improvements and the replacement of the lift station for Fiscal Year 2025/2026, as described above, are summarized herein and described as below.

SEWER MAINTENANCE COST ESTIMATE FOR FISCAL YEAR 2025/2026 Beginning Fund Balances (07/01/2025)
Lift Station Replacement Fund Balance $338,474
Total Beginning Fund Balances $338,474
Budget Items
Annual Maintenance Cost (Sewer) $14,110
Annual Maintenance Cost (Lift Station) 10,000
City Administration 23,380
District Administration 2,269
Public Notice Publication 620
Legal Fees 170
LA County Assessor’s – Admin Fee 56
Maintenance & Administration Costs $50,605
Replace Lift Station / Bypass System(1) $122,082
Balance to Levy (2) $172,692
Total BU 110.58
Levy per BU FY 2025/2026 $1,561.69
Max Rate per BU FY 2024/2025
(3)
$1,561.6977
Estimated Ending Fund Balances (06/30/2026)
Lift Station Replacement Fund Balance (1) $460,561
Total Ending Fund Balances $460,561
(1) Annual cost for the replacement of the lift station at the end of its useful life estimated to occur in the year 2016. This cost was estimated to be $750,000 in 2000. Due to increased equipment, material, and labor costs in 2007 the Los Angeles County Maintenance Division recommended a 30% increase to this estimate to a cost of replacement of $975,000. In addition, in 2014 the Los Angeles County Maintenance Division recommended construction of a bypass system to allow for continuous operation while routine maintenance continues to be performed on the gravity sewer main. Furthermore, the replacement of the station sewer piping shall use stainless steel pipes instead of ductile iron pipes. This increased the cost from $975,000 to $1,325,000.

The replacement of the gravity sewer main was scheduled to begin in Fiscal Year 2014/2015 and was estimated to be completed in 2-3 years. As such, the total amount to collect became $1,325,000 - $825,000 (Collected through Fiscal Year 2013/2014) = $500,000 over the next 6 years starting Fiscal Year 2014/2015. Annual charge starting Fiscal Year 2014/2015 = $500,000/6 years = $83,333.33 per year. However, the City unexpectedly did emergency repair and replacement in Fiscal Year 2014/2015, as explained below, which depleted the funds. The City will continue to collect toward the Lift Station replacement to the maximum capacity allowed in order to replenish the fund.
(2) The net amount to be assessed upon assessable lands within the District being the total operating, maintaining, and servicing costs. Actual levy to the Los Angeles County will vary due to rounding. (3) The April 2025 CPI has not been released as of the date of this Report. The Max Rate listed is as of Fiscal Year 2024/2025.

2025/2026 City of Irwindale Page 3
Sewer Maintenance District (Irwindale Business Center)
IV. Method of Apportionment and Rate Calculator
The land use for all of the parcels within the boundaries of the Sewer Maintenance District area as the area fully develops will be industrial. It has been determined that the sewer maintenance charge is a property related charge, and that a charge based on parcel acreage is a reasonable method for apportioning the maintenance costs. The special benefit will be expressed as a Benefit Unit (“BU”). For every parcel one benefit unit (1.00 BU) will be assigned per acre.
• Developed and undeveloped parcels will be assessed one (1) benefit unit per acre. • Exempt from the assessment would be the areas of public streets, public easements and rights-of-ways. Also exempt from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements.

The sewer lift station located on parcel 8417-036-900, the storm water detention basin on parcel 8417-027-094 which later became parcel 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the sewer system, and are exempt from the maintenance charge.

Southern California Edison has purchased parcel 8417-036-002 which became 8417- 036-800. This parcel is not exempt from the Sewer Maintenance District and is assessed as parcel 9014-800-001 (State Board of Equalization assigned parcel number or "SBE”).

The Fiscal Year 2025/2026 Sewer Maintenance District rate is calculated as follows:

The Maximum Allowable Assessment rate for Fiscal Year 2024/2025 is $1,503.0798.

Fiscal Year 2025/2026 has not been released as of the date of this Report. The rate is calculated by adjusting the maximum rate established for Fiscal Year 2001/02 of $829.38 per BU by the Consumer Price Index (“CPI”) for All Items, All Urban Consumers for the Los Angeles-Long Beach-Anaheim, Area for the prior year (CPI April 2023 = 320.089, CPI April 2024 = 332.572, increase of 88.319% cumulatively).

Sewer Maintenance Total Costs: $172,687
Sewer Maintenance District Rate Fiscal Year 2025/2026:
$172,687.03 ÷ 110.58 Total BU = $1,561.69/BU
Maximum Sewer Maintenance District Rate: $1,561.6977/BU

2025/2026 City of Irwindale Page 4
Sewer Maintenance District (Irwindale Business Center)
This maximum rate reflects the April 2023 to April 2024 CPI increase of 3.90% over last year’s maximum rate of $1,561.6977.

2025/2026 City of Irwindale Page 5
Sewer Maintenance District (Irwindale Business Center)
V. District Assessment Diagram
The lines and dimensions of each lot or parcel within the Sewer Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report.

2025/2026 City of Irwindale Page 6
Sewer Maintenance District (Irwindale Business Center)
VI. 2025/2026 Assessment Roll
The proposed Fiscal Year 2025/2026 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report.

City of Irwindale
Sewer Maintenance District (Irwindale Business Center)
Fiscal Year 2025/2026 Preliminary Assessment Roll
Assessor's Paracel Number Situs Address Taxable Acreage Benefit Unit Factor EBU Charge
8417-027-088 4775 IRWINDALE AVE 5.41 1.0 5.41 $8,448.74 8417-027-089 15800 TAPIA ST 3.87 1.0 3.87 6,043.74
8417-027-090 4821 CHARTER ST 6.49 1.0 6.49 10,135.37
8417-027-091 4889 4TH ST 10.73 1.0 10.73 16,756.93
8417-027-092 4821 4TH ST 3.03 1.0 3.03 4,731.92
8417-027-093 4818 4TH ST 4.77 1.0 4.77 7,449.26
8417-035-006 5091 4TH ST 15.01 1.0 15.01 23,440.97
8417-035-007 4981 4TH ST 8.03 1.0 8.03 12,540.37
8417-035-008 4982 4TH ST 2.02 1.0 2.02 3,154.61
8417-035-009 5012 4TH ST 2.14 1.0 2.14 3,342.02
8417-035-010 5082 4TH ST 5.82 1.0 5.82 9,089.04
8417-035-011 5086 4TH ST 4.66 1.0 4.66 7,277.48
8417-035-012 15751 TAPIA ST 4.17 1.0 4.17 6,512.25
8417-035-013 15761 TAPIA ST 8.68 1.0 8.68 13,555.47
8417-035-014 5027 IRWINDALE AVE 1.79 1.0 1.79 2,795.43
8417-035-015 4981 IRWINDALE AVE 1.98 1.0 1.98 3,092.15
8417-035-024 15662 ARROW HWY 0.72 1.0 0.72 1,116.61
8417-035-028 15700 ARROW HWY 1.18 1.0 1.18 1,842.79
8417-035-029 15716 ARROW HWY 0.46 1.0 0.46 716.82
8417-035-034 15612 ARROW HWY 0.50 0.0 0.50 780.85
8417-035-035 15642 ARROW HWY 2.22 0.0 2.22 3,473.20
8417-036-001 4781 IRWINDALE AVE 9.92 1.0 9.92 15,495.09 8417-036-800 (1) 4777 IIRWINDALE AVE 6.98 1.0 6.98 10,895.92 Total: 110.58 110.58 $172,687.03
Parcel Count: 23
(1) Assessment for Southern California Edison's parcel was submitted under the company's SBE account 9014-800-001

Resolution No. 2025-51-3639

01005.0001 2010801.1
RESOLUTION NO. 2025-51-3639

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2025-2026, BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026, FOR MAINTENANCE OF STREET LIGHTING LOCATED WITHIN THE

EXISTING IRWINDALE BUSINESS CENTER

STREET LIGHTING MAINTENANCE DISTRICT
WHEREAS, on June 28, 2001, the City Council of the City of Irwindale (the "City Council") adopted its Resolution forming the Irwindale Street Lighting Maintenance District (the "District") and the levy and collection of assessments therein as set forth in an Engineer's Report adopted by the City Council and prepared for Fiscal Year 2001-2002; and WHEREAS, the improvements to be maintained within the existing District are generally described as including, but not limited to, street lighting and facilities which are appurtenant thereto within and benefiting assessable parcels of land within the District; and
WHEREAS, pursuant to Government Code sections 53750 et seq. a fee or charge is increased for the purposes of Article XIIID of the California Constitution, (“Proposition 218”) where the methodology used to calculate the fee or charge is revised and the revision results in an increased amount being levied on any person or parcel; and WHEREAS, pursuant to Proposition 218, in adopting the Street Lighting Maintenance District charge for Fiscal Year 2001-2002, the City complied with the notice, protest, and hearing requirements of Government Code sections 53750 et seq. and Proposition 218; and
WHEREAS, on May 14, 2025, the City Council adopted Resolution 2025-51-3639 approving the Engineer’s Report for Fiscal Year 2025-2026 (“Engineer’s Report”) and in accordance with Section 4 of Article XIII D of the California Constitution (“Proposition 218”) and Article 4 of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act,” and together with Proposition 218, collectively, the “Assessment Law”), the City Council declared its intent to levy and collect assessments for Fiscal Year 2025-2026 within the District, and set a time and place for a public hearing; and
WHEREAS, the Engineer’s Report has not changed the methodology, formula or range of calculating the assessment as that was approved by the City Council for the 2001-2002 fiscal year, and as such, the notice, protest and hearing requirements of Government Code sections 53750 et seq. or Proposition 218 are inapplicable to the adoption and imposition of the assessment; and

Resolution No. 2025-51-3639

WHEREAS, the City Council has duly considered each and every part of the Engineer’s Report and now desires to approve and order the levy and collection of assessments for the District.

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

Section 1. The above recitals are true and correct and incorporated herein by this reference.

Section 2. Following publication, in accordance with applicable law, the City Council has held a hearing to hear and consider all objections or protests to the Engineer’s Report. The City Council hereby finds and determines that protests have not been made by the owners of a majority of separate parcels of property described in the Engineer’s Report.

Section 3. The City Council hereby finds that each and every part of the Engineer's Report is sufficient, and the City Council hereby approves, passes on and adopts the Engineer's Report as submitted to the City Council and filed with the Deputy City Clerk. The report as may be amended at or prior to the public hearing shall stand as the Engineer's Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention.

Section 4. The public interest and convenience require, and the City Council therefore orders the levy and collection of assessments within the District, generally described as including, but not limited to, street lighting and facilities which are appurtenant thereto within and benefiting assessable parcels of land within the District, for Fiscal Year 2025-2026.

Section 5. The District shall provide for the installation, construction or maintenance of any authorized improvements under the Act, including, but not limited to, street lighting and facilities which are appurtenant thereto. Reference is made to the Engineer's Report on file in the office of the Deputy City Clerk for a more detailed description of the work to be done, the amount of the proposed assessments and the method of assessment.

Section 6. The contemplated work, in the opinion of the City Council, is of special benefit to, and the City Council hereby makes the expense of said work chargeable upon, all the property within the District, which is more particularly described on a map on file in the office of the Deputy City Clerk, entitled "Irwindale Business Center Street Lighting and Maintenance District."
Section 7. All work proposed shall be done in accordance with the Act.

Resolution No. 2025-51-3639

01005.0001 2010801.1

Resolution No. 2025-51-3639

Section 8. Certification. The Chief Deputy City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 11th day of June 2025. __________________________
Larry G. Burrola, Mayor
ATTEST:
_____________________________
Laura Nieto,
Chief Deputy City Clerk

Resolution No. 2025-51-3639

01005.0001 2010801.1

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. 2025-51-3639 was duly passed and adopted at a special meeting of the Irwindale City Council held on the 11th day of June 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Laura Nieto
Chief Deputy City Clerk

City of Irwindale
Street Lighting Maintenance District
(Irwindale Business Center)

2025/2026 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: May 28, 2025
Public Hearing: June 11, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com

ENGINEER'S REPORT AFFIDAVIT
Establishment of Annual Assessments for the:

Street Lighting Maintenance District
(Irwindale Business Center)
City of Irwindale
Los Angeles County, State of California
This Report describes the Street Lighting Maintenance District including the improvements, budget, parcels and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Irwindale
By:___ ________________________ By:_________________________ Chonney Gano Tyrone Peter
Project Manager, District Administration Services P. E. # C 81888 I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was filed with me on the _____day of________, 2025.

By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Irwindale, California, on the _____day of________, 2025.

By:__________________________
City Clerk, City of Irwindale
Los Angeles County, California

Table of Contents
I. Introduction............................................................................................................. 1 II. Facilities Maintained by the District...................................................................... 1 III. Plans and Specifications ....................................................................................... 1 IV. Estimate of Cost ..................................................................................................... 4 V. Method of Apportionment of Assessment ........................................................... 5 VI. Boundary Map......................................................................................................... 9 VII. Assessment Roll................................................................................................... 10

2025/2026 City of Irwindale Page 1
Street Lighting Maintenance District (Irwindale Business Center) I. Introduction
This Engineer’s Report ( “Report”) has been prepared pursuant to and in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (the "1972 Act") which is Part 2, Division 15 of the California Streets and Highways Code and Article XIIID of the Constitution of the State of California (“Article XIIID”), in Fiscal Year 2001/2002, the City of Irwindale (“City”) formed the Street Lighting Maintenance District (Irwindale Business Center) (“District”) to generate revenue and finance the cost of providing maintenance for the existing public street lighting system within the Irwindale Business Center. The Irwindale Business Center is a 116-acre private industrial development and the improvements to be maintained within the District are appurtenant thereto within and benefiting all assessable parcels of land within the District.

Noticing and balloting requirements and other applicable provisions of Article XIIID were followed with respect to the formation of the District. The assessment to be levied upon each parcel within the boundaries of the District and the assessment was based solely on the benefit received from street light maintenance. A maximum assessment rate of $97.29 per Benefit Unit (“BU”) was established for Fiscal Year 2001/2002. For any year in which all other rates imposed under the District are adjusted by the change in the Consumer Price Index, the maximum rate will also be adjusted by the Consumer Price Index.

II. Facilities Maintained by the District
A) Street Lighting
The public street lighting system within the proposed District boundaries is owned by the Southern California Edison Company and currently consists of 22 lights, as shown below:

No. of Lights Size in Lumens Type of Light
22 16,000 High Pressure Sodium Vapor Lamps
III. Plans and Specifications
A) Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.

2025/2026 City of Irwindale Page 2
Street Lighting Maintenance District (Irwindale Business Center) • The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5;
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

2025/2026 City of Irwindale Page 3
Street Lighting Maintenance District (Irwindale Business Center) The improvements are the operation, maintenance, rehabilitation and servicing of lighting and appurtenant facilities. The facilities and improvements are described as follows:

B) Lighting and Appurtenant Facilities
Street lighting improvements include but are not limited to: poles, fixtures, bulbs, conduits, and conductors, equipment including guys, anchors, posts and pedestals, metering devices, and appurtenant facilities as required to provide safety lighting and traffic signals in public rights-of-way and dedicated easements within the boundaries of the District.

The public lighting system will be maintained to provide adequate illumination.

Power for street lights will be furnished by the Southern California Edison Company, or such agency as determined by the City.

C) Operation
Operation includes, but is not limited to, the furnishing of personnel, electrical energy, materials, contracting services, administration, and other items and functions necessary for the satisfactory operation of the public lighting facilities and appurtenant facilities.

D) Maintenance
Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the public lighting facilities and appurtenant facilities.

E) Rehabilitation
Rehabilitation means the repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities as required for their intended function.

F) Servicing
Servicing means the maintenance of any of the public lighting facilities or appurtenant facilities, and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities or appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this Report.

2025/2026 City of Irwindale Page 4
Street Lighting Maintenance District (Irwindale Business Center) IV. Estimate of Cost
The cost of the operation, maintenance, rehabilitation, and servicing of the improvements for Fiscal Year 2025/2026, as described in Part III, are summarized herein and described below the table.

STREET LIGHTING MAINTENANCE COST ESTIMATE FOR FY 2025/2026

REVENUE
Beginning Fund Balance (7/01/2025) (1) $24,916
Assessments (FY 2025/2026) (2) 17,165
Total Revenue $42,081
EXPENDITURES (3)
Utilities
22 Street Lights (16,000 lumens)
High Pressure Sodium Vapor Lamps $3,550
Energy Charge Per Lamp 1,250
City Administration 9,250
District Administration 2,269
Legal Fees 190
LA County Assessor’s – Admin Fee 56
Public Notice Publication 600
Total Expenditures $17,165
Estimated Fund Balance (6/30/2026) $24,916
Assessment per Benefit Unit $155.33
Maximum Assessment per Benefit Unit $188.6987
Max Rate Per BU FY 2025/2026 $188.6987
Levy per BU FY 2025/2026 $155.33
BU 110.51
Revenues
(1) The amount of any surplus or deficit in the improvement fund to be carried over from a previous Fiscal Year. (2) The net amount to be assessed upon assessable lands within the District being the total operation, maintenance, and servicing costs. Actual levy to the County of Los Angeles will vary slightly due to rounding.

Expenditures
(3) The total costs for improvements to be made for the year, being the total costs of operation, maintenance, and servicing all existing improvements, including all incidental expenses. .

2025/2026 City of Irwindale Page 5
Street Lighting Maintenance District (Irwindale Business Center) V. Method of Apportionment of Assessment
A) General
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation, and servicing of street lights.

The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits.

B) Proposition 218 Benefit Analysis
In conjunction with the provisions of the 1972 Act, Article XIIID addresses several key criteria for the levy of assessments, notably:

Article XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2(i) defines Special benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.

General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be

2025/2026 City of Irwindale Page 6
Street Lighting Maintenance District (Irwindale Business Center) imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments. These improvements will directly benefit the parcels to be assessed within the District.

The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes.

The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.

The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.

To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.

2025/2026 City of Irwindale Page 7
Street Lighting Maintenance District (Irwindale Business Center) C) Apportionment by Parcel Size
Acreage has been selected as the principal unit for calculating the special benefit conferred upon the parcels by the street lighting improvements and for apportioning the total assessment. The special benefit will be expressed as Benefit Unit (BU). Every parcel will be assigned one benefit unit (1.0 BU) per acre. • All developed and undeveloped parcels. All parcels will be assessed one (1) benefit unit per acre.
• Exempt. Exempt from the assessment would be the areas of public streets, public easements and rights-of-ways. Also exempt from assessment would be utility rights-of-way, common areas, and sliver parcels not developable, as these parcels do not benefit from the improvements. The storm water detention basin on parcel 8417-027-094, which became 8417-027-908 and the utility easement to Valley County Water District on parcel 8417-035-900 do not benefit from the lighting system and are exempt from the lighting assessment.

Southern California Edison has purchased parcel 8417-036-002, which became 8417-036-800. This parcel is not exempt from the lighting assessment and is assessed as State Board of Equalization (“SBE”) parcel 9014-800-001.

The sewer lift station located on parcel 8417-036-900 benefits: therefore, it is not exempt and is included in the lighting assessment.

A summary of Benefit Unit (BU) rates is shown in the table below:

Land-Use Category Basic Unit BU Factor BU Rates
Exempt 0 acres X 0.0 = 0.0 BU/Acre
All other 1 acres X 1.0 = 1.0 BU/Acre
D) Special Benefit Determination
Street Lighting: Proper maintenance and operation of the street lighting system benefits all properties by enhancing overall safety, mitigating crime, alleviating the fear of crime, and promoting business and industry.

Street lighting provides special and direct benefit to all properties within the District as these lighting benefits are directly related to the positive enhancement of the area and therefore increase property desirability.

2025/2026 City of Irwindale Page 8
Street Lighting Maintenance District (Irwindale Business Center) E) Assessment Rate Calculation
The Maximum Allowable Assessment rate for Fiscal Year 2025/2026 is $188.6987.

This rate is calculated by adjusting the maximum rate established for Fiscal Year 2001/2002 of $97.2900 per Benefit Unit by the Consumer Price Index (“CPI”) for All Items, All Urban Consumers for the Los Angeles-Long Beach-Anaheim Area.

The maximum rate reflects the April 2024 to April 2025 CPI increase of 3.00% over the maximum rate of $183.1942 for Fiscal Year 2024/2025.

As shown in the budget in section IV, the assessment rate for Fiscal Year 2025/2026 is $155.33 per BU.

Each year, as the City maintains the existing street lighting improvements, the rate per BU will be calculated according to the current year's operations and maintenance budget.

Land Use Parcels Acreage Benefit Units
All Developed and Undeveloped 24 110.51 110.51
Exempt 2 0.00 0.00
Total: 26 110.51 110.51 Page 164 of 249
2025/2026 City of Irwindale Page 9
Street Lighting Maintenance District (Irwindale Business Center) VI. Boundary Map
The lines and dimensions of each lot or parcel within the Street Lighting Maintenance District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles, and are incorporated by reference herein and made part of this Report.

2025/2026 City of Irwindale Page 10
Street Lighting Maintenance District (Irwindale Business Center) VII. Assessment Roll
The proposed Fiscal Year 2025/2026 charges apportioned to each parcel, as shown on the latest roll of the Assessor's Office, are below. The description of each lot or parcel is part of the records of the Assessor of the County of Los Angeles and these records are by reference made part of this Report.

City of Irwindale
Street Lighting and Maintenance District (Irwindale Business Center) Fiscal Year 2025/2026
Preliminary Assessment Roll
Assessor's Parcel
Number Situs Address Taxable Acreage
Benefit Unit
Factor EBU Charge
8417-027-088 4775 IRWINDALE AVE 5.41 1.0 5.41 $840.34
8417-027-089 15800 TAPIA ST 3.87 1.0 3.87 601.13
8417-027-090 4821 CHARTER ST 6.49 1.0 6.49 1,008.09
8417-027-091 4889 4TH ST 10.73 1.0 10.73 1,666.69
8417-027-092 4821 4TH ST 3.03 1.0 3.03 470.65
8417-027-093 4818 4TH ST 4.77 1.0 4.77 740.92
8417-035-006 5091 4TH ST 15.01 1.0 15.01 2,331.50
8417-035-007 4981 4TH ST 8.03 1.0 8.03 1,247.30
8417-035-008 4982 4TH ST 2.02 1.0 2.02 313.77
8417-035-009 5012 4TH ST 2.14 1.0 2.14 332.41
8417-035-010 5082 4TH ST 5.82 1.0 5.82 904.02
8417-035-011 5086 4TH ST 4.66 1.0 4.66 723.84
8417-035-012 15751 TAPIA ST 4.17 1.0 4.17 647.73
8417-035-013 15761 TAPIA ST 8.68 1.0 8.68 1,348.26
8417-035-014 5027 IRWINDALE AVE 1.79 1.0 1.79 278.04
8417-035-015 4981 IRWINDALE AVE 1.98 1.0 1.98 307.55
8417-035-024 15662 ARROW HWY 0.72 1.0 0.72 111.06
8417-035-028 15700 ARROW HWY 1.18 1.0 1.18 183.29
8417-035-029 15716 ARROW HWY 0.46 1.0 0.46 71.30
8417-035-034 15612 ARROW HWY 0.50 1.0 0.50 77.67
8417-035-035 15642 ARROW HWY 1.95 1.0 1.95 302.89
8417-036-001 4781 IRWINDALE AVE 9.92 1.0 9.92 1,541.18
8417-036-900 NO SITUS AVAILABLE 0.20 1.0 0.20 31.07
8417-036-800(1) 4777 IRWINDALE AVE 6.98 1.0 6.98 1,084.20 Total: 110.51 110.51 $17,164.90
Parcel Count: 24
(1) Assessment for Southern California Edison’s parcel is submitted under the company’s SBE account 9014-800-001 Note: Totals may not foot and total Balance to Levy differs slightly from assessment roll due to rounding.