Irwindale City Council
June 25, 2025

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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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01005.0006 2010766.1
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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01005.0006 2010766.1
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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01005.0006 2010766.1
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

01005.0006 2010766.1
II. The City will compensate Contractor for work performed and expenses incurred toward completion of the Project upon submission of a valid invoice. In addition to what is required under Section 2.2 of the Agreement, each invoice is to include:

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

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

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

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

01005.0006 2010766.1
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 #20.F.

Date: June 25, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for City-wide Median Island and Various Landscape Maintenance Services
City Manager's Recommendation:
1) Award a contract to Mariposa Landscapes, Inc. for City-wide Median Island and Various Landscape Maintenance Services, in the amount of $110,352 annually, with an additional $3,120 annually for asneeded irrigation repair, for a three-year term beginning July 1, 2025, through June 30, 2028; 2) Authorize the City Manager to execute the agreement; and 3) Find the project categorically exempt under CEQA Guidelines Section 15301(h) – “Operation, repair, and maintenance of existing facilities.” Administrative Action:

Submitted by:

Elizabeth Rodriguez, Public Services Director
Prepared by:

Aundrea Butler, Management Analyst
Reviewed by:

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

Julian A. Miranda, City Manager
Background and Analysis:

The City of Irwindale currently maintains 78 landscaped median islands and various public areas, totaling approximately 400,000 square feet. Services include turf and shrub maintenance, pruning, litter and weed removal, irrigation repair, and pest management.

Mariposa Landscapes, Inc. has provided these services under contract since 2020, with their current contract set to expire on June 30, 2025.

In preparation for the contract’s expiration, staff released a comprehensive Request for Quotations (RFQ) for City-wide Median Island and Various Landscape Maintenance Services on Thursday, May 1, 2025. The RFQ was posted on the City of Irwindale’s Website and on PlanetBid, and a notice was placed in the San Gabriel Valley Tribune on Thursday, May 1, 2025. Questions were due to the Public Services Department on Monday, May 19, 2025. There were two (2) addendums released as part of this RFQ. Addendum No. 1 was released on May 21, 2025, to answer questions from prospective bidders, and Addendum No. 2 was released on May 29, 2025, to add a section in PlanetBids to allow for contractors to upload their company proposals and extend the RFQ due date. The RFQs were due on Tuesday, June 3, 2025, and the following contractors submitted an RFQ:

Contractor Annual Cost
Base Bid
Annual Irrigation
Repair (Alt. Bid)
Greenfield Management $21,720.00* $3,510.00
Mariposa Landscapes, Inc. $110,352.00 $3,120.00
Brightview Landscape Services $118,224.00 $3,000.00
Jas Landscape Services, LLC $138,240.00 $2,600.00
Priority Landscape Services, LLC $142,380.00 $14,800.00 S.C. Yamamota, Inc.* $168,000.00 $2,600.00
J. Orozco Enterprises, Inc. $169,147.08 $2,150.00
Four Seasons Landscaping $176,000.00 $9,100.00
*S.C. Yamamoto, Inc. was disqualified for not submitting their company proposal documents.

The scope of work requires a C-27 Licensed Landscape Company to provide landscape maintenance for the City’s 78 Median Islands, the Post Office, Irwindale Road Slope, Cypress Street between Nora

Avenue and Fraijo Avenue and various other locations.

Public Services Staff conducted interviews with the top five (5) firms on Tuesday, June 10, 2025.

Rankings based on cost, qualifications, experience, and interviews are as follows:

Contractor RFQ/Interview Ranking
Mariposa Landscapes, Inc. 1
Brightview Landscape Services 2
Priority Landscape Services 3
Jas Landscape Services, LLC 4
Greenfield Management* Disqualified
* *Greenfield Management later revised their bid to $257,260 after the initial submission and was disqualified for failing to attend their interview.

Staff recommend Mariposa Landscapes, Inc. as the contractor to provide City-wide Median Island and Various Landscape Maintenance based on their competitive pricing and value, proven municipal performance, comprehensive training and quality assurance programs, full C-27 licensing and appropriate certifications, and experience with similar-sized jurisdictions. The term of the contract is through June 30, 2028, with the option to renew for two (2) additional one (1) year periods. The renewals will be by mutual agreement, in writing and based on their annual evaluations.

The contract agreement for City-wide Median Island and Various Landscape Maintenance Services was reviewed and approved by the City Attorney.

This project is considered categorically exempt as it falls under Section 15301 (h) of CCR, Title 14 “Guidelines for California Environmental Quality Act.” – “Operation, repair, and maintenance of existing facilities.”
Fiscal Impact:

Sufficient funding is available in the Public Services FY 2025–2026 budget. No additional funding is requested.

Attachments:

1. 6-25-2025 Citywide Median Island-Various Landscape Maintenance Services - AGREEMENT (002) (2013700.1)

01005.0006 2013700.1 6/17/2025 1 Rev 10/2018

CITY OF IRWINDALE

CONTRACT SERVICES AGREEMENT FOR

CITY-WIDE MEDIAN ISLAND & VARIOUS LANDSCAPE

MAINTENANCE SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 25th day of June, 2025, by and between the CITY OF IRWINDALE, a California municipal corporation (“City”) and Mariposa Landscapes, Inc., 6232 Santos Diaz, Irwindale, CA 91706 (herein “Consultant” or “Contractor").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant 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. Consultant 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.

1.4 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.

1.5 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 California 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 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.

2 01005.0006 2013700.1 6/17/2025 Rev 10/2018
(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.

Contractor shall, as a penalty to 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; certify and make such payroll records available for inspection; and inform 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 occupations capable of apprenticeship. 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 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. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by 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 eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

3 01005.0006 2013700.1 6/17/2025 Rev 10/2018
(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.”
Contractor’s Authorized Initials ________
(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 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.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum base contract amount of Three Hundred Forty Thousand Four-hundred and Sixteen and 00/100 Dollars ($340,416.00) for the Term (defined herein later in Section 3.4), based on the annual amount of One Hundred Thirteen Thousand Four-hundred and Seventy-Two and 00/100 Dollars ($113,472.00), which amounts include all reimbursable expenses (“Contract Sum”) but does not include the CPI increase each July 1st determined by the March-March 12-month calculation for the Los Angeles area that will begin on July 1, 2026. For any Extended Term (defined herein later in Section 3.4), the Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C”, but not exceeding the maximum amount of One Hundred Twenty-Seven Thousand and Eighty-Eight and 64/100 Dollars ($127,088.64) for each Extended Term.

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant 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 sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

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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 City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by 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, City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid any progress payment within thirty (30) days of receipt of an undisputed and properly submitted invoice and provided the Project is for construction, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by 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 City of any invoice provided by Contractor 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 Consultant, 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 Consultant. 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. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

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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 Consultant, 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 Consultant 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 Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) consecutive years, which expires on June 30, 2028 (“Term”). City reserves the right, in its sole discretion, to extend the Term of this Agreement for up to a maximum of two (2) consecutive one-year periods (each extended one-year term shall be referred to as, “Extended Term”). City shall exercise its right to extend the Term of the Agreement by providing Contractor with written notice of its intent to extend the Term or any Extended Term of this Agreement not less than thirty (30) calendar days prior to the expiration of the Term or any Extended Term of this Agreement. If both years are extended, the term of the contract will expire on June 30, 2030.

4. COORDINATION OF WORK

4.1 Representative of Contractor. Terry Noriega, President, is hereby designated as being the representative of Consultant 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 Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Julian A. Miranda, 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. Consultant 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.

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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 Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant 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.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for 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 City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from 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 Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

5. INSURANCE AND INDEMNIFICATION

5.1 Required Insurance Policies.

Without limiting Consultant’s indemnification of the City and prior to commencement of services, Consultant shall obtain, provide 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:
(a) Comprehensive General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with services to

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be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

5.2 Other Provisions or 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. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required in section 5.1, and for purposes of Workers’ Compensation Insurance Consultant shall submit a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. Should the Consultant be a sole proprietor, the Consultant shall complete and submit a declaration of sole proprietors form to the City in lieu of proof of Workers’ Compensation as it not required for sole proprietors. The insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance of services. 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. Consultant shall procure and maintain each of the insurance policies required in Section 5.1 for the duration of the Agreement, and any extension thereof.
(d) Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall be excess to the Consultant’s insurance and shall not 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 non-contributory 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (f) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in

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accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(g) 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 Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(h) Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(i) 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(j) Notice of Cancellation. Consultant 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.
(k) Additional Insured Status. General liability and automobile policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(l) 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 by the City in writing.
(m) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’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. (n) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the services, which are the subject of this Agreement, who is brought onto or involved in these services by Consultant, provide the same

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minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the services will be submitted to City for review.
(o) City’s Right to Revise Specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(p) Deductibles/ Self-insured Retentions. Any deductibles and self-insured retentions must be declared to and approved by City. At the option of the City , either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees, agents and volunteers, or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expense.
(q) Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(r) Additional Insurance. Consultant 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.

To the full extent permitted by law, Consultant 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 Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with

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the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant 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. Consultant 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 Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant 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.

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(b) Consultant 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 court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

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

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

Notwithstanding any contrary provision herein, Consultant 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 Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant 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 Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant 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 Consultant has initiated termination, the Consultant 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 nonterminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant 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 Consultant 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 Consultant 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. Consultant 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,

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color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure 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

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant 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 Consultant, 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.

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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.

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. Consultant 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. Consultant 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. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

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.]

15 01005.0006 2013700.1 6/17/2025 Rev 10/2018
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF IRWINDALE, a municipal
corporation
Julian A. Miranda, City Manager
ATTEST:
_______________________________________
Laura M. Nieto, MMC, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
__________________________________
Adrian Guerra, City Attorney
CONSULTANT:

Mariposa Landscapes Inc.
6232 Santos Diaz, Irwindale, CA 91706
By:

Name: Terri Noriega
Title: President
By:

Name:

Title:

Address:

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

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

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

01005.0006 2013700.1 6/17/2025

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA
COUNTY OF _______
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 2013700.1 6/17/2025

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 2013700.1 6/17/2025 A-1
ATTACHMENT “A”

LANDSCAPE SPECIFICATION FOR CITY-WIDE MEDIAN ISLAND AND VARIOUS

LOCATION LANDSCAPE MAINTENANCE SERVICES

SCOPE OF SERVICES
The scope of work includes visiting site routinely to mow, prune shrubs & ground cover, remove litter and debris, and weed control. Maintenance of the designated areas shall include the routine maintenance of plant material, focusing on proper water management and resource efficiency.

WEED CONTROL FOR HARDSCAPE AREAS. The Contractor shall be responsible for removing all annual and perennial weeds in all hardscape areas.

SOIL AND PLANT TISSUE ANALYSIS. The Contractor may be requested, beyond the contract specifications, to take samples of soil or plant tissue for testing purposes and such tests shall be paid for by the City.

CLEAN-UP AND DEBRIS REMOVAL. The Contractor shall remove all debris resulting from maintenance operations and dispose of debris at an approved green waste recycling facility. All rubbish and trash shall be taken to an off-site legal landfill facility.

It is the responsibility of the Contractor to make arrangements for the legal disposal of all debris. No landscape debris, leaves, grass, clippings, rubbish, and/or trash shall be allowed to remain on the project site at the end of the scheduled work period/maintenance visit.

Do not blow debris into the street. Any debris blow into the street must be picked up and properly disposed of by the Contractor.

GRASSCYCLING SCHEDULE. The Contractor shall adhere to the grasscycling schedule as per this specification, eliminating the removal of grass clippings at specified times of the year.

1. Cut only 1/3 off turfgrass blades during mowing.

2. Collect clippings only when excessive growth occurs such as after rain or irregular mowing cycles.

3. Use sow release and organic fertilizers to encourage even plant growth patterns.

SCHEDULE SITE INSPECTIONS. The Contractor shall patrol the entire site at the beginning of each scheduled maintenance visit and check for vandalism, broken tree branches, pest and/or disease infestation, and related problems, and shall take appropriate action.

The Contractor or a representative shall physically walk the site with the City’s Representative for the purpose of reviewing specification compliance.

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1. FREQUENCY OF INSPECTIONS: One (1) inspection shall be scheduled per month for the purpose of inspecting plant materials and related issues, and to evaluate the irrigation system. During the irrigation inspections, the Contractor shall ensure that all irrigation systems are functioning accurately and be required to activate a minimum of 50% of the irrigation system to avoid the wetting of vehicles but also to ensure that the plants/trees are receiving water. Off-hour scheduling may be necessary.

2. PUNCH LIST: The City’s Representative shall submit a “punch list” for items not finished or completed by Landscape Contractor prior to the next scheduled inspection.

TURFGRASS MANAGEMENT

COOL SEASON GRASSCYCLING MOWING REQUIREMENTS

1. Turfgrass shall be cut at a uniform height.

2. Turfgrass shall be cut with blades sharpened prior to each mowing.

3. Mowing patterns shall be rotated from a “north/south axis” to an “east/west axis” to a “diagonal axis” from week to week to prevent rutting of turfgrass areas.

4. Turfgrass areas shall be adequately dry when performing mowing operations.

Mowing shall be performed during wet morning dew or moisture conditions.

Whenever a week is skipped due to wet conditions, the next mowing shall be performed at a 4 to 5-inch cutting height, returning to normal height over a 2 to 3-week period. A grass-catcher shall be used to remove grass clippings during this period.

EDGING OF TURFGRASS AREAS

1. POWER EDGERS: All turfgrass perimeters adjacent to sidewalks, walkways, paved areas, and/or curbs shall be trimmed with a vertical blade power edger.

2. WEED EATERS: Weed eaters shall be utilized to trim turfgrass around the circumference of trees, signage, and raised fixtures where a bare soil buffer zone exists (normally 6” to 12” width). Where turfgrass meets trees and signs, fixtures or building (no buffer zone), hand shears shall be utilized to trim turfgrass.

TURFGRASS AERIFICATION. Aerification shall be performed once per year, in EARLY APRIL. The following aerification program shall be followed:

1. Establish adequate soil moisture to a depth of three (3) inches in 90% of the designated area as verified by soil probe. If supplemental irrigation (syringing) is required to perform this task, then irrigate deeply two to three days prior to aerification to allow the soil to be at Field Capacity.

2. Mow normally prior to aerification.

3. Aerift to a depth of three (3”), removing a minimum of 80% of the soil cores.

Remaining cores shall be broken up by dragging a screen, or utilizing appropriate aerification equipment. (If a Klopping-Hardie Lawn Renovator is used, the machine shall be set as deep as possible and any debris shall be removed.) Irrigate deeply as specified in Number One above.

4. Fertilize is required and should be completed in the following manner:

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• Day 1: Mow
• Day 2: Remove Weeds
• Day 3: Water
• Day 4/5: Check for adequate soil moisture and if there is sufficient moisture, then evenly apply fertilizer immediately. Water after the fertilizer is applied.

LATE OCTOBER. Fertilize and Seed as follows:
• Day 1: Mow
• Day 2: Remove Weeds
• Day 3: Water
• Day 4/5: Check for adequate soil moisture and if there is sufficient moisture, then evenly apply fertilizer immediately. Immediately water after the fertilizer is applied.

SHRUB MANAGEMENT

PRUNING

1. Thinning: Shrubs shall be pruned to maintain the theme of the project, that is, to maximize the desired characteristics or branching of the shrubs as possible. Shrubs shall be pruned as per safety requirements, removal of broken or diseased branches, general containment, and/or appearance.

Avoid over trimming, allow plants to fill to natural growth. Avoid trimming into round shapes.

2. SHEARING: Formal pruning, or shearing of shrubs, shall not be performed unless safety (traffic views, pedestrian traffic, etc.) or City directive states otherwise. Example would be “topped” and/or sheared on a routine basis.

PEST CONTROL, Pest Management. Defined later in scope of services.

GROUNDCOVER MANAGEMENT. Groundcover is defined as non-shrub plant material possessing a non-woody branching Structure. Examples are honeysuckle, vinca, freeway daisy, ivy, and gazania. Groundcovers are normally maintained below 18 inches in height.

EDGING AND TRIMMING: Edging and trimming are performed with two pieces of equipment: power edgers and “weed eaters” (“weed eaters” are power tools equipped with a plastic filament line that cuts/slashes succulent plant materials).

1. POWER EDGERS: All groundcovers with a vertical growth height of 8 inches or less adjacent to sidewalks and/or walkways shall be trimmed with a vertical blade power edger at a 30-degree angle (“feathered”).

2. WEED EATERS: All groundcovers with a vertical growth height of 8 inches or more adjacent to sidewalks, walkways, paved areas, and/or curbs shall be trimmed with a weed eater at a 30-degree angle.

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PEST MANAGEMENT PROGRAM. Contractor shall utilize INTEGRATED PEST MANAGEMENT TECHNIQUES. When pesticide chemical applications are required, the Contractor shall adhere to requirements as per this scope of work. The following pest management program shall be implemented:

GENERAL REQUIREMENTS. Pest and diseases to be controlled shall be all organisms having deleterious effects within the perimeters of the project, including but not limited to, all insects including ants, mites, nematodes, sowbugs; fungi and bacteria; mollusks including snails and slugs; and rodents/rabbits. The Contractor shall not be responsible for the pest control within buildings.

INTEGRATED PEST MANAGEMENT (I.P.M.). The application of pesticide chemicals in controlling harmful landscape pests can be greatly reduced by an active Integrated Pest Management Program.

1. A Water Management Program: Overwatering is the major cause of poor plant health to disease and harmful insect infestations. Proper irrigation levels should be maintained.

2. Biological Control: The utilization of beneficial organisms to control landscape pest populations in now available. Some examples of beneficial organisms are ladybird beetles, praying mantis, parasitic wasps, lacewings, decollate snails, predatory mites, and bacterium such as Bacillus thuringiensis.

3. Chemical Alternatives: Insecticidal soap is an excellent alternative to pesticides. Cultural techniques such as washing off plant foliage and cleaning mowing equipment between mowing are also considerations.

PEST CONTROL INSPECTIONS AND REPORTS. Contractor shall provide on-site control inspections on a weekly basis. (The pest control service may be sub-contracted by an approved pest control company with approval of City’s Representative.). The individual performing the inspections must demonstrate the appropriate experience, education training, and certification (i.e., California State Pest Control Advisor License) to perform inspections.

PESTICIDE REGULATIONS
GENERAL: All chemicals shall be used in strict accordance with federal, state, county, and local laws and ordinances governing use of same.

PESTICIDE REPORTS: Contractor shall provide chemical application records within thirty (30) days after pesticide applications to City’s Representative.

APPLICATION OF PESTICIDES: All chemical applications costs should be included in the price and require approval by City prior to work being performed. Round up or pesticides with glyphosate are not allowed to be sprayed in the City of Irwindale at any time. Contractor is required to complete the following prior to application:

1. The City’s Representative shall be given a twenty-four (24) hour notice, in writing prior to every chemical application.

2. All pesticides shall be supplied by a licensed Pest Control Advisor.

3. In an effort to eliminate potential runoff within treated areas, pest control applicator shall monitor forecasted weather conditions to avoid making

01005.0006 2013700.1 6/17/2025
applications within 72 hours of inclement weather. All pesticides shall be applied at approved times such that limit the possibility of contamination from climatic and other factors.

4. Application methods shall be used which insure that materials are confined to target area.

5. Extreme care and caution shall be exercised in transferring and/or mixing chemicals to prevent contamination of area outside the target area.

6. Disposal of excess chemicals shall be within the guidelines established in California Food and Agriculture Code.

7. Contractor’s chemical application records shall be provided to City within seven (7) days after application.

FERTILIZER REGULATIONS. Fertilizer applications are included in the cost proposal.

Precautions shall be taken by Contractor to contain fertilizer applications in the properly specified areas/water features and to prevent the deposing of materials into paved areas.

Any fertilizer materials deposited onto paved areas shall be removed immediately.

POST-EMERGENT WEED CONTROL INCLUDED IN THE CONTRACT. Contractor shall exercise special care to remove all noxious weeds within landscape areas.

REMOVAL OF EXCESS DIRT. Contractor is required to remove excess dirt from all median islands, paying close attention to those median islands with little to no vegetation.

GREEN WASTE MANAGEMENT. All green waste debris resulting from maintenance operation shall be removed from site and disposed of the same day of maintenance at an approved Green Waste Composting Facility. Contractor must adhere to all SB 1383 regulations pertaining to Green Waste Recycling.

PROJECT SITES
• Median Island No. 1:

Irwindale Avenue between Cypress Avenue and Calle Breceda • Median Island No. 2:

Irwindale Avenue between Calle Breceda and Martinez Street • Median Island No. 3
Irwindale Avenue between Martinez Street and Peppertree Lane • Median Island No. 4
Irwindale Avenue between Peppertree Lane and Central Street • Median Island No. 5
Irwindale Avenue between Calle de Paseo and Calle de Norte • Median Island No. 6
Irwindale Avenue between Juarez Street and Hidalgo Street • Median Island No. 7
Irwindale Avenue between Hidalgo Street and Arrow Highway • Median Island No. 8
Irwindale Avenue between Arrow Highway and south of McDonalds • Median Island No. 9

01005.0006 2013700.1 6/17/2025
Irwindale Avenue between south of McDonalds and Salvatiera Street • Median Island No. 10
Irwindale Avenue north of Salvatiera Street
• Median Island No. 11
Irwindale Avenue south of Ornelas St.
• Median Island No. 12
Irwindale Avenue between west Ornelas Street and east Ornelas Street • Median Island No. 13
Irwindale Avenue between east Ornelas Street and Business Center Drive • Median Island No. 14
Irwindale Avenue north of Business Center Drive
• Median Island No. 15
Irwindale Avenue south of Gladstone Street
• Median Island No. 16
Irwindale Avenue north of 1st Street
• Median Island No. 17
Irwindale Avenue south of Gateway Business Drive
• Median Island No. 18
Irwindale Avenue between Gateway Business Drive and Jardin De Roca • Median Island No. 19
Irwindale Avenue and 210 Fwy. Overpass (Partial Ownership) – Southern most point of island.
• Median Island No. 20
Irwindale Avenue and 210 Fwy. Overpass (Partial Ownership) – Northern most point of island.
• Median Island No. 21
Irwindale Avenue between 210 Fwy westbound off Ramp and Camino de la Cantera
• Median Island No. 22
Irwindale Avenue between Camino de la Cantera and Foothill Boulevard • Median Island No. 23
Foothill Boulevard west of Irwindale Avenue
• Median Island No. 24
Foothill Boulevard between Irwindale Avenue and Calle Eva Miranda • Median Island No. 25
Arrow Highway west of Vincent Avenue
• Median Island No. 26
Arrow Highway between Morada Street and Allen Drive
• Median Island No. 27
Arrow Highway between Allen Drive and Ayon Avenue
• Median Island No. 28
Arrow Highway west of Ayon Avenue
• Median Island No. 29
Arrow Highway east of Irwindale Avenue
• Median Island No. 30

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Arrow Highway west of Irwindale Avenue
• Median Island No. 31
Arrow Highway east of 4th Street
• Median Island No. 32
Arrow Highway west of 4th Street
• Median Island No. 33
Arrow Highway before and after Railroad Tracks
• Median Island No. 34
Arrow Highway east of Azusa Canyon Road
• Median Island No. 35
Arrow Highway west of Azusa Canyon Road
• Median Island No. 36
Arrow Highway east of Lante Street
• Median Island No. 37
Arrow Highway between Lante Street and Calmview Avenue
• Median Island No. 38
Arrow Highway between Calmview Avenue and Gayhurst Avenue • Median Island No. 39
Arrow Highway between Gayhurst Avenue and Elton Street
• Median Island No. 40
Arrow Highway between Elton Street and Heintz Street
• Median Island No. 41
Arrow Highway between Heintz Street and Bleecker Street • Median Island No. 42
Arrow Highway west of Bleecker Street
• Median Island No. 43
Arrow Highway between Bleecker Street and Maine Avenue in front of Allen Recycling
• Median Island No .44
Arrow Highway between Bleecker Street and Maine Avenue and between Allen Recycling and 14424 Arrow Highway
• Median Island No. 45
Arrow Highway east of Maine Avenue
• Median Island No. 46
Live Oak Avenue west of Maine Avenue
• Median Island No. 47
Live Oak Avenue east of Baldwin Park Boulevard
• Median Island No. 48
Live Oak Avenue west of Baldwin Park Boulevard
• Median Island No. 49
Live Oak Avenue east of Stewart Avenue
• Median Island No. 50
Live Oak Avenue between Rivergrade Road and Live Oak Lane • Median Island No. 51
Live Oak Avenue east of Graham Road

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• Median Island No. 52
Live Oak Avenue west of Graham Road
• Median Island No. 53
Live Oak Avenue west of the 605 Freeway Overpass Bridge • Median Island No. 54A
Live Oak Avenue between the easterly driveway approach of Irwindale Speedway and Spanish Oak Drive
• Median Island No. 54B
Live Oak Avenue between Spanish Oak Drive and Speedway Drive • Median Island No. 55
Live Oak Avenue Speedway Drive to 600 Live Oak Avenue
• Median Island No. 56
Live Oak Avenue 600 Live Oak Avenue to Arrow Highway West End • Median Island No. 57
Live Oak Avenue southeast of Arrow Highway West End
• Median Island No. 58
Live Oak Avenue southwest of Arrow Highway West End
• Median Island No. 59
Live Oak Avenue west of Arrow Highway West End
• Median Island No. 60
Live Oak Avenue east of Longden Avenue
• Median Island No. 61
Live oak Avenue at Longden Avenue (northeast corner)
• Median Island No. 62
Live Oak Avenue at Longden Avenue (northwest corner)
• Median Island No. 63
Live Oak Avenue west of Longden Avenue
• Median Island No. 64
Live Oak Avenue east of Myrtle Avenue
• Median Island No. 65
Myrtle Avenue at California Avenue
• Median Island No. 66
Myrtle Avenue north of Live Oak Avenue (partial ownership) • Median Island No. 67
Peck Road north of Foothill Transit Driveway (partial ownership – share ownership with City of Arcadia)
• Median Island No. 68
Rivergrade Road south of Brooks Drive Flat Area only (partial ownership – share ownership with CalTrans – do not maintain slope)
• Median Island No. 69
Arrow Highway at Live Oak Avenue East End (Triangle)
• Median Island No. 70
Arrow Highway north of Live Oak Avenue
• Median Island No. 71
Arrow Highway north of the San Gabriel River Trail Pedestrian Crossing

01005.0006 2013700.1 6/17/2025
• Median Island No. 72
Arrow Highway east of Kare Park (eastern most driveway approach) • Median Island No. 73
Arrow Highway at Kare Park (east of middle driveway)
• Median Island No. 74
Arrow Highway between the 210 Freeway East Off-ramp and at Kare Park (in front of the northern most driveway approach)
• Median Island No. 75
Arrow Highway east of Avenida Barbosa
• Median Island No. 76A
Arrow Highway between Valley Oak and Avenida Barbosa
• Median Island No. 76B
Arrow Highway between Avenida Barbosa and Live Oak Avenue West End • Location No. 1
Irwindale Post Office, 16025 Calle Del Norte, Irwindale • Location No. 2
Irwindale Road Slope between Adelante and Avenida Padilla • Location No. 3
Cypress Street from Nora to Fraijo Avenues
• Location No. 4
Bushes/Vines/Bougainvillea on Allen Drive, Peppertree Lane, and Eastside of Irwindale Avenue from Cypress Street to Calle Breceda
• Location No. 5
Live Oak Avenue at Arrow Highway East End
The Contractor, as part of this agreement, may be requested to replace diseased, damaged or destroyed plant material or add plants as needed to any overly bare or empty areas and perform other remedial work. Such work shall be considered as extra work by the City’s representative.

NEGLECT OF CONTRACTOR. Exceptions shall be replacements due to the acts or neglect of Landscape contractor. Replacement of plant materials due to Contractor’s neglect shall be of size and quality of the original plant material as directed by the City.

These exceptions will be at the cost of the Contractor not the City.

EXCLUSIONS: Lighting replacements and any building servicing. Irrigation repairs.

Steam cleaning hardscape and parking lot sweeping. Graffiti removal. Any city permits excluded. Excludes removing any large bulky items. Pruning trees excluded. However, the contractor is responsible for notifying the city of all the above listed exclusions.

IRRIGATION REPAIRS. Some annual irrigation repairs will be required and in included in the contract as a lump sum. Contractor will provide an hourly prevailing wages rate for four (4) specific types of irrigation repairs.

01005.0006 2013700.1 6/17/2025

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EXHIBIT “B”

SPECIAL REQUIREMENTS
Contractor must have and maintain a valid California State Contractor’s License C-27.

01005.0006 2013700.1 6/17/2025
EXHIBIT “C”

SCHEDULE OF COMPENSATION
Contractor shall perform the requested services as set forth in the Scope of Services in accordance with the monthly rate $9,916 and an annual total contract amount not to exceed $110,352.00 for landscape maintenance. An additional annual amount of $3,120 has been allocated for extraordinary median island irrigation repair.

The contract cost provides for all labor, material, and equipment to perform landscape maintenance per scope of work (please see exclusions and details) and includes Maintenance Prevailing Wages.

Any additional work authorized by City in writing shall be performed by Contractor based on the above monthly rates and extraordinary median island irrigation repair.

Description Scope of work as stated in Exhibit A includes visiting sites routinely to mow turf, prune shrubs & ground cover, remove litter, and weed control.

Exclusions: Steam cleaning hardscape and parking lot sweeping. Graffiti removal. Any city permits excluded. Excludes removing any larger bulk items. Pruning trees excluded.

01005.0006 2013700.1 6/17/2025

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EXHIBIT “D”

SCHEDULE OF PERFORMANCE

A two (2) man crew for 4 days a week to maintain the 78 median islands, the Post Office, Irwindale Road Slope, Cypress Street between Nora and Fraijo Avenues, the bushes/vines/Bougainvillea’s on Allen Drive, Peppertree Lane, and Eastside of Irwindale Avenue between Cypress Street and Calle Breceda, and Live Oak Avenue at Arrow Hwy East End Point all in the City of Irwindale.

The following is the assigned staff positions:

JOB TITLE DAYS PER WEEK DESCRIPTIONS
Foreman 4 days per week The foreman will be responsible for routine tasks such as debris removal, turf care, weed
control and pruning. The foremen will be in
direct contact with the Account Manager.

Laborer 4 days per week The laborer will be responsible for assisting in routine tasks such as debris removal, turf care,
weed control and pruning. The foremen will be
in direct contact with the Account Manager.

Irrigation
Technician
1 day per month The irrigation technician will be responsible for monthly inspections of all irrigation systems.

Item #20.G.

Date: June 25, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Facility Use Policy for the Irwindale City Council Chambers City Manager's Recommendation:

Adopt Resolution No. 2025-23-3611 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING A FACILITY USE POLICY FOR THE IRWINDALE CITY COUNCIL CHAMBERS" reading by title only and waiving further reading thereof.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Reviewed by:

Adrian R. Guerra, City Attorney
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

The primary use of the Irwindale City Council Chamber is to conduct the legislative and other official business of the City of Irwindale. It is dedicated for use by official constituted bodies of the City, City departments, governmental agencies such as the water districts, City-sponsored and co-sponsored programs and events.

From time to time, non-profit organizations and civic clubs that are related to City business or that are hosting events associated with a government purpose, request the use of the City Council Chamber.

These requests have been granted on a case-by-case basis. It is now recommended that a formal policy be approved to establish the priority use for the City Council Chamber. The proposed policy sets the procedure for scheduling use of the City Council Chamber and identifies the rules associated with permitted use. There will not be a user fee for use of the room and liability insurance will be required.

The uses allowed in the City Council Chamber are listed in priority order as follows:

1. Any regular or special meeting of the City Council

2. City departments or city-appointed commissions and/or advisory boards

3. Other city, county, state, or federal agencies or officials; governing bodies of local governmental or quasi-governmental agencies

4. City-sponsored or co-sponsored programs (i.e. town hall meetings, workshops, and meetings with state and federal representatives)

5. Non-profit organizations or civic clubs that are related to City business or that are hosting events associated with a government purpose; any non-profit organizations or civic clubs that are based in the City of Irwindale
Facility users identified in categories 3 and 5 above would be required to obtain liability insurance for use of the City Council Chambers. Insurance is available for purchase through the City of Irwindale at cost, and varies based on the type of event. For recurring events (i.e. meetings held on a monthly or quarterly basis), it is the responsibility of the agency/organization to procure and provide its own liability insurance. It would now be appropriate for the City Council to review the proposed policy for consideration of adoption and implementation.

Fiscal Impact:

There is no fiscal impact associated with this matter. Any costs for liability insurance, extraordinary janitorial services, and/or repairs to equipment in the City Council Chamber will be the responsibility of the Facility User.

Attachments:

1. Resolution No. 2025-23-3611

RESOLUTION NO. 2025-23-3611

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

ADOPTING A FACILITY USE POLICY FOR THE IRWINDALE CITY COUNCIL

CHAMBERS
WHEREAS, the primary use of the Irwindale City Council Chambers is to conduct the legislative and other official business of the city of Irwindale; and WHEREAS, the Irwindale City Council Chamber is dedicated for use by officially constituted bodies of the City, City departments, governmental agencies, and Citysponsored and co-sponsored programs and events; and WHEREAS, from time to time, non-profit organizations that are related to City business or that are hosting events that are associated with a government purpose request the use of the City Council Chamber; and
WHEREAS, the City of Irwindale has previously approved the use of the Council Chamber upon request; and
WHEREAS, to establish guidelines and priorities for the use of the Irwindale City Council Chamber, the City Council wishes to establish a formal policy.

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

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

SECTION 2. The City Council hereby approves and adopts the City of Irwindale Facility Use Policy for the Irwindale City Council Chamber. City staff is hereby authorized to utilize and implement the Policy, attached hereto as Exhibit “A”.

SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

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

PASSED, APPROVED and ADOPTED this ______ day of March 2025 .
_______________________________
Larry G. Burrola, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-23-3611 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the ____ day of ________2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

City of Irwindale
Facility Use Policy for
the Irwindale City
Council Chamber
June ____, 2025

I. PURPOSE
The purpose of this policy is to govern the use of the Irwindale City Council Chamber (which includes the outer Council Chamber and restrooms).

II. OBJECTIVES
The primary use of the City Council Chamber is to conduct the legislative and other official business of the City of Irwindale. The City Council Chamber is dedicated for use by officially constituted bodies of the City, City departments, governmental agencies, and City-sponsored and co-sponsored programs and events.

III. ALLOWABLE USES AND POLICY
The uses allowed in the City Council Chamber are as follows:
1) Any regular or special meeting of the City Council
2) City departments or city-appointed commissions and/or advisory boards 3) Other city, county, state, or federal agencies or officials; governing bodies of local governmental or quasi-governmental agencies
4) City sponsored or co-sponsored programs (i.e. town hall meetings, workshops, and meetings with state and federal representatives) 5) Non-profit organizations or civic clubs that are related to City business or that are hosting events associated with a government purpose; any nonprofit organizations or civic clubs that are based in the City of Irwindale Use of the City Council Chamber for City business shall be the priority use.

City Council Chamber use by other allowable users identified in categories 4 & 5 above may be accommodated after City uses are scheduled, provided the use can be accommodated by the City.

IV. PROCEDURES AND RESPONSIBILITIES
A. Scheduling the use of the City Council Chamber
1) All requests to use the City Council Chamber by users identified in categories 4 & 5 must be submitted to the City Clerk’s office using the City’s application form (“Application”) and will be processed on a firstcome, first-served basis. Reservations may be made up to six months in advance.

2) Applications, Certificate of Insurance and Endorsement, and Release of Liability, Assumption of Risk and Indemnity Agreement must be completed and received by the City Clerk’s office at least five (5) working days before the requested date of use.
3) The Application must be signed by an officer of the organization having the authority to bind the applicant and the organization to the terms and conditions of the Applications and this policy.
4) The City will review the Application and reserves the right to disapprove the use if all of the provisions of this Policy are not met. 5) All facility use reservations shall be made subject to the condition that the City of Irwindale maintains the right to cancel or change any reservation if the Council Chamber is needed for official City business.

In no event shall the City of Irwindale have any liability whatsoever for any cancellation made under the City of Irwindale’s authority to do so.

B. Rules for use of the City Council Chamber
1) For purposes of this Policy, the term “Facility User” is defined collectively as those allowable users designated under Section 3, subsections 1, 2, 3, 4, and 5.
2) The City Council Chamber will normally be available for use Monday through Thursday between the hours of 8:00 a.m. and 6:00 p.m. It is not normally available for use on recognized City holidays, Fridays, and weekends.
3) The City reserves the right to require the Facility User to obtain liability insurance for the use of the City Council Chamber by Facility User. The City and its officials, officers, and employees will be named as additional insureds under the liability insurance policy ($1,000,000).

Before commencement of the use of the City Council Chamber, the Facility User shall provide the City Clerk’s office with a Certificate of Insurance confirming satisfaction of this insurance requirement 4) In case of City-sponsored or co-sponsored activities, a City employee must be designated as a contact and must be present for duration of the time that the City Council Chamber is used for the requested event. 5) Set up and tear down of the physical layout and clean-up of the City Council Chamber shall be the responsibility of the Facility User. Facility User shall be responsible for removing all personal property prior to vacating the facility.

a) Absolutely no open flames are allowed in the Council Chamber, outer Council Chamber or restrooms.
b) No foreign substance may be applied to the floor, walls, or ceiling (this includes decorations).
c) Gambling or wagering is prohibited
6) The Facility User will be responsible for complying with the applicable State and local occupancy limits and other life safety requirements including, without limitation, keeping ingress/egress routes clear.

Maximum seating occupancy in the audience area of the City Council Chamber is eighty (80) persons.
7) All persons who use the City Council Chamber shall leave the floors, tables, and chairs in clean condition after the use is completed. If special cleaning is required because of spillage, etc., the need for such special cleaning must be reported to the City Clerk’s office. The Facility User shall be responsible for payment of the cost of such special cleaning.
8) Alcohol is not allowed in the City Council Chamber.
9) Smoking is not allowed in the City Council Chamber.
10) Bicycles scooters, and any wheeled vehicles other than those for the disabled are not allowed in the City Council Chamber.
11) Groups composed of minors must be supervised by at least one (1) adult for every ten (10) children under the age of 18 at all times while they are using the facility.
12) If any damage occurs to the City Council Chamber including, without limitation, loss or damage to equipment or property as a result of the use of the City Council Chamber, the Facility User shall reimburse the City the total cost of repair of the City Council Chamber, equipment or property or the replacement of damaged equipment or property. Such reimbursement shall be paid in full to the City within ten (10) days after the date of the City’s written request for reimbursement. 13) The City of Irwindale reserves the right to charge a Facility User for equipment use and staff time associated with the use of the City Council Chamber, including audio visual and computer equipment. 14) No individual, organization, or agency shall be permitted to use the City Council Chamber for the purpose of supporting or opposing any measure or candidate which may appear or has appeared on any election ballot.

15) Any activities in the City Council Chamber shall comply with all applicable State and City health and safety codes.
16) Use of the City Council Chamber includes the use of Council Chamber, outer chamber conference tables and restrooms only. The doors that allow access to City Hall and the Police Department will be locked from 6:00 p.m. to 7:30 a.m. for security and privacy reasons. The Facility User shall take all necessary steps to ensure that no one present in the City Council Chamber during the Facility User’s use will be allowed into any other portion of City Hall or the Irwindale Police Department. 17) The use of the Council Chamber will not be restricted because of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, medical condition, religion, place of national origin, or any other basis prohibited by law.

C. Revocation of approval to use the City Council Chamber All approved requests for use of the City Council Chamber are revocable by the City Manager or his designee at any time. The reasons for revocation include, without limitation, the need for the City Council Chamber or higher priority City business, or the occurrence of an emergency or a Facility User’s failure to abide by the provisions of the Application and this Policy.

Item #22.A.

Date: June 25, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Draft Recreational Vehicle Ordinance
City Manager's Recommendation:

That the City Council provide direction on the Draft Recreational Vehicle Ordinance.

Administrative Action:

Submitted / Prepared by:

Theresa Olivares, Assistant 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:

On April 9, 2025, staff provided information to the City Council relating to recreation vehicle parking on City streets, including Council’s previous discussions related to this matter. On May 28, 2025, staff provided additional information requested by the City Council including sample ordinances from other agencies, possible sites available for acquisition for recreational vehicle parking, and Code Enforcement / Safety concerns. The City Council directed staff to prepare a draft ordinance for the Council's review

and consideration to prohibit recreational vehicle on public streets.

The attached draft ordinance for the City Council to discuss and includes the following key provisions:

1. Recreational Vehicles (RV) includes a motor home, travel trailer, truck camper, camping trailer, fifth-wheel travel trailer, boat, watercraft, or park trailer.

2. City issued temporary RV parking permit (Permit) will be required to park an RV on a residential street. Permit will include vehicle license number, date of issuance, valid date and time, valid DMV registration, and proof of Irwindale residency.

3. The Permit allows a resident to park an RV in front of his or her residence for 24-hours to allow for preparing or a trip, or unloading, cleaning or preparing a RV after a trip.

4. Each resident is limited to two Permits per calendar month.

5. Out-of-town visitor Permit is limited to 7 consecutive days per month and 21-days per calendar year, per residential address.

6. Only 1 temporary Permit will be issued per resident at any given time.

7. Permit must be clearly visible to law enforcement personnel.

8. RV may only be parked in front of the address identified on the permit.

9. RV may not be stored with opened slide outs and may not be inhibited at any time.

10. Any vehicle in violation of this chapter may be removed by the police department and the cost of removing and storing the vehicle will be the responsibility of the registered owner.

11. No utility connections, electrical cords, extensions cords, hoses or cables, or their others to cross over, above, on or across any public right of way, parkway, pathway, sidewalk from a residential or commercial property to an RV parked on a public street, alley or highway.

12. A generator may not be used between the hours of 10 pm and 7 am.

13. An RV may not connect to the public sewer system or dump waste onto public or private land or into streets, gutters or storm drains.

14. The Permit may be revoked by issuing a written notice or revocation identifying why and the effective date of the revocation.

Attached is a copy of the newly adopted IMC Section 17.13.120 Parking and Storage of Commercial and Recreational Vehicles which addressed the storage of RV's on residential property.

Fiscal Impact:

None
Attachments:

1. (IRW) RV Parking Ordinance - DRAFT (2014182.2)

2. IMC 17.13.120 Parking and Storage of Commercial and Recreational Vehicles

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 1 of 7
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,

CALIFORNIA, AMENDING CHAPTER XXX OF THE CITY OF

IRWINDALE MUNICIPAL CODE, RELATING TO PARKING, STOPPING AND STANDING OF RECREATIONAL VEHICLES; ESTABLISHMENT

OF CITY RECREATIONAL VEHICLE PARKING PERMITS
WHEREAS, California Vehicle Code Sections 22507 and 22507.5 empower cities to regulate vehicular parking within their jurisdictions; and WHEREAS, the City of Irwindale (“City”), in recent years, has experienced an increase of Recreational Vehicle (hereafter "RV") parking within both commercial and residential areas of the City; and
WHEREAS, this increase in RV parking activity has created public health and safety concerns and has reduced the City's available parking spaces; and WHEREAS, to minimize these health and safety and parking concerns, the City proposes an ordinance prohibiting the parking of RVs on non-residential streets, and the requirement of a City-issued Resident and/or "Out-of-Town" Visitor RV parking permit for residential streets of the City.

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

SECTION 1. Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION 2. Adoption of Code. A new section XXXX of Chapter XXX of Title XX of the Irwindale Municipal Code is hereby added to read as follows:
“XXXX. Purpose.

The purpose of this chapter is to mitigate the public health and safety concerns associated with the parking of recreational vehicles, increase the availability of parking for City residents, businesses and visitors and preserve the character of neighborhoods to benefit the health, safety and welfare of City residents.

XXXX. Definitions.

For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the following meanings, unless it is apparent from the context that a different meaning is intended:

A. "Recreational Vehicle" or "RV" means a motorhome, travel trailer, truck camper, camping trailer, or other vehicle or trailer, with or without motor power, designed or altered for human habitation for recreational, emergency or other human occupancy. or any structure inspected, approved and designated as a Recreational Vehicle by, and bearing the insignia of, the State of California or any other state or federal

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 2 of 7
agency having the authority to approve Recreational Vehicles. "Recreational vehicle" shall include, without limitation, any of the following: a "camp trailer," as defined by California Vehicle Code Section 242; a "fifth wheel travel trailer " as defined by California Vehicle Code Section 324; a "house car" as defined in California Vehicle Code Section 362; a "trailer" as defined in California Vehicle Code Section 630; a "trailer coach" as defined in California Vehicle Code Section 635; a “mobile home,” as defined by California Vehicle Code Section 396; a boat, watercraft and/or trailer for a boat or watercraft ; a "park trailer" as defined in California Health & Safety Code Section 18009.3; a "Recreational Vehicle" as defined in California Health & Safety Code Section 18010 and a "truck camper" as defined in California Health & Safety Code Section 18013.4.

B. "Resident" means a person who customarily resides and maintains a place of abode or who owns land within the City. It shall not mean a person who maintains an address at a mailbox drop or who rents a room which is not his or her primary place of abode nor shall it mean a person who maintains only a post office box unless that person also provides valid and verifiable evidence of residence, such as a utility bill/contract, and federal or state government-issued identification, at a street address within the City.

C. "Out-of-town visitor" means any natural person who does not reside in the City who is temporarily visiting as a guest of a resident of the City and who has applied for a temporary RV parking permit.

D. "RV temporary Guest Permit" means a limited duration parking permit for a Recreational Vehicle belonging to an out-of-town visitor issued by the City Manager of his/her designee in accordance with the provisions of this chapter.

XXXX. Permit required.

No person shall park, stop or leave standing for any period of time exceeding two (2) hours any Recreational Vehicle on any public street, highway or alley or public property or private commercial property other than automotive service facilities, within the City at any time.

Recreational Vehicles shall not park within any residential zones of the City except pursuant to a temporary RV parking permit issued by the City Manager, or his/her designee, pursuant to this chapter.

XXXX. Temporary RV parking permit issuance; application; fees.

A. Purpose. The purpose of the temporary RV parking permit is to allow users and owners of Recreational Vehicles to temporarily park adjacent to their residences to load, unload, clean and maintain their Recreational Vehicles and to allow out-of-town visitors to park their Recreational Vehicles in front of the residence in which they are visiting for a limited period of time. Persons holding a valid temporary RV permit issued pursuant to this chapter may park the RV, provided the RV is parked along the curb line within the same block as the residence listed in the application for which the permit is issued, and the permit is valid. If the residence is located on a comer, then the permit holder may park along the curb line of either of the streets on the block on which the residence is located.

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 3 of 7
B. Issuance of Permit. Subject to the requirements set forth in this chapter, the City Manager or his/her designee may issue temporary RV parking permits upon receipt and approval of an application on a form established by the City.

1. Any resident may obtain a temporary RV parking permit authorizing him or her to park a Recreational Vehicle in front of his or her residence.

2. Any out-of-town visitor may obtain a RV temporary Guest Permit authorizing that visitor to park a Recreational Vehicle in front of the residence they are visiting.

3. Any RV temporary Guest Permit shall only be considered by the City Manager or his/her designee, upon the written and/or verbal verification and confirmation of the visited resident and resident's address.

C. Application. The City shall establish a temporary RV parking permit application and may promulgate administrative regulations regarding the issuance of such permits.

D. Every person desiring a temporary RV permit shall file an application containing the following:

1. The name, residential address, phone number, and email address of the Irwindale resident applying for the permit or hosting guest (if applicable).

2. The name, address, phone number, and e-mail address of the applicant for the permit.

3. The name, address, phone number, and e-mail address of the registered owner or renter of the RV.

4. Proof that the applicant is a City of Irwindale Resident. Acceptable proof of residency must be current and must include either a California driver's license or California identification card, property tax bill, or public utility bill, or a current residential rental or lease agreement.

5. Proof of current vehicle registration from the California Department of Motor Vehicles or equivalent agency from another state, and the Recreational Vehicle shall not be in a Planned Nonoperation Filing( PNO) status.

6. The vehicle license number, license state, make, model, year, color, and vehicle length, width, and height.

7. The dates for which the permit is requested.

8. Payment of a permit fee, which shall be established by resolution of the City Council.

9. Such other information as the City deems necessary for the administration or enforcement of this chapter.

E. Fees. Any person applying for a temporary RV parking permit shall pay a fee in such amount as may be established by resolution of the City Council to recover the costs of processing such permits.

XXXX. Temporary RV parking permit requirements.

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 4 of 7
A. Residential Zones. Temporary RV parking shall only be permitted in residential zones of the City.

B. Description of Permit; Display. The temporary RV parking permit shall include the license number of the vehicle authorized to be parked, the date of issuance and the date and time through which the temporary parking permit is valid. Such permit shall be placed in the vehicle in such a manner as to be clearly visible to law enforcement personnel and City 's code/parking enforcement officers.

C. Non-Transferable. The temporary RV parking permit shall be non-transferable and shall only be valid for the vehicle, date(s) and location specified on the permit.

D. Duration.

1. A temporary RV parking permit issued to a resident shall be valid for twenty-four (24) hours. A permit shall only be allowable for owners who are preparing for a trip or who are unloading, cleaning or repairing a Recreational Vehicle after a trip.

2. An RV temporary Guest Permit issued to an out-of-town visitor shall be valid for no more than seven (7) consecutive days.

E. Restriction on Number of Permits.

1. Each person may be issued no more than two (2) temporary RV parking permits per calendar month.

2. RV temporary Guest Permits issued to out-of-town visitors shall not exceed seven (7) consecutive days per month and twenty-one (21) days per calendar year, per residential address.

3. No more than one temporary RV parking permit, whether issued to a resident or an out-of-town visitor, shall be issued per residential address at any given time.

F. Parking Restrictions. Temporary RV parking permits shall be subject to the following restrictions regarding where RVs may be parked when a permit is issued:

1. The permitee may only stop, park or leave standing his/her Recreational Vehicle directly in front of, or, if the property is a corner lot, on the side of, the residential address specified on the temporary RV parking permit. If the Recreational Vehicle is not parked directly in front of, or on the side of as set forth herein, such residence, the Recreational Vehicle will be subject to citation, towing or both.

2. The permittee shall not stop, park or leave standing his or her RV within ten feet from the beginning of the apron of any driveway, except at the address specified on the temporary RV parking permit, provided that the driveway is not shared with another residence or business.

3. The permitee shall not stop, park or leave standing his or her RV within twenty

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 5 of 7
feet of any intersection.

4. The permittee shall not store the Recreational Vehicle with open slide outs, and it shall not be inhabited at any time unless it is being actively cleaned, repaired, loaded or unloaded.

5. A Recreational Vehicle and/or boat parked on the roadway shall have traffic cones of no less than 12 inches in height placed on the roadway, within 5 inches from the front and rear corners of the Recreational Vehicle and/or boat that protrude furthest into the roadway.

6. The Recreational Vehicle and/or boat must be operable and shall not be stored in a dismantled state, or with severe damage.

7. Nothing in this Ordinance is designed to prevent any resident or individual who uses an RV to travel to the City of Irwindale to receive necessary care or medical services or to engage in any otherwise lawful business or activity.

G. Removal. Any Recreational Vehicle in violation of this chapter may be removed by any member of the City’s police department subject to the requirements of the United States and California Constitutions, and Division 11, Chapter 10 of the California Vehicle Code Sections 22650 et seq., and stored the same in any parking lot or storage yard or garage in compliance with all applicable laws until such time as vehicle is claimed by the registered owner or his/her designated representative. The cost of removing and storing the vehicle shall be borne by the registered owner.

XXXX. Prohibited activities.

No person shall:

A. Use slide outs, pop outs or other appurtenances on a Recreational Vehicle that encroach on or into the roadway, parkway and/or sidewalk in such a manner as to interfere with the path of safe travel of vehicles and/or pedestrians.

B. Open or partially open any awnings on a Recreational Vehicle in such a manner as to interfere with the path of safe travel of vehicles and/or pedestrians.

C. Cause or permit any utility connections, electrical cords, extension cords, hoses or cables, or other items to cross over, above, on or across any public right of way, parkway, pathway, sidewalk from any residential or commercial property to a Recreational Vehicle parked on a public street, alley or highway.

D. Use power generators or other noise-generating equipment between the hours of 10:00 p.m. and 7:00 a.m. within or adjacent to a Recreational Vehicle.

E. Conduct any commercial activity that is visible from the exterior of an RV while an RV is parked on the public right-of-way.

F. Connect a Recreational Vehicle to the public sewer system or dump waste onto

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 6 of 7
public or private land or into streets, gutters or storm drains, other than those that are lawfully designated, licensed and permitted Recreational Vehicle sanitary wastewater dump stations.

G. Knowingly allow any type of grease, oil, fuel, human waste or other harmful substance to leak or be emitted onto any public right-of-way.

H. Prevent the temporary use of the street corresponding to the residence for the cleaning, loading or other short-term needs, which process does not exceed five (5) hours.

The temporary use of power to allow for the operation of medical devices or other extenuating circumstances can be considered at the discretion of the City Manager, which shall not be unreasonably withheld.

XXXX. Restricted RV Areas
A. The Police Chief or designee is authorized to designate areas where the stopping, parking or standing of an Recreational Vehicle is prohibited regardless of whether a temporary RV parking permit or RV temporary Guest Permit is obtained as follows:

1. On any street, alley or highway adjacent to any private or public school, city park, or community center; or

2. On any street, alley or highway where the stopping, parking or sanding or a Recreational Vehicle would interfere with vehicular or pedestrian traffic or otherwise create a situation hazardous to the public health, safety or welfare.

B. The Traffic Engineer or designee is authorized to designate areas where the stopping, parking or standing of a Recreational Vehicle is prohibited regardless of whether a temporary RV parking permit or RV temporary Guest Permit is obtained as follows:

1. That portion of a city street within 20 feet of an intersection; or

2. Whenever the Traffic Engineer has caused lines or painted markings or otherwise designated upon the parkway, curb, sidewalk, roadway, driveway, parking lot, or street in such a manner as to identify individual parking spaces, if the parking of a Recreational Vehicle would cross any such line or marking, or occupy more than the single space designated by said markings.

C. The Police Chief or Traffic Engineer, as applicable, shall place or cause to be placed signs on such streets, alleys or highways giving notice of the parking restriction as set forth in paragraphs A or B of this Section.

XXXX. Violations; penalties.

Any Recreational Vehicle parked in violation of this chapter shall be subject to citation, towing as authorized by California Vehicle Code Sections 22650 and 22651 or both, and revocation of any permit issued pursuant to this chapter. Any violation of Section XXXXX is

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 7 of 7
punishable pursuant to Chapter XXX of this code.

XXXX. Revocation.

A. The City shall have the authority to revoke a temporary RV parking permit if the City makes any one of the following findings:

1. The Recreational Vehicle has fallen into a state of disrepair and has become a public nuisance, or a danger to pedestrians or other vehicles.

2. The Recreational Vehicle has become inoperable.

3. There have been at least three parking citations issued for the Recreational Vehicle associated with the temporary RV parking permit.

4. The applicant or the person whom the applicant is visiting is no a bona fide city resident.

5. The out-of-town guest is not a guest of the resident.

6. The permit applicant has provided information that was materially false.

7. There are public safety concerns relating to the parking of the RV on the street on which the parking would be provided, including but not limited to a street being too narrow to safely accommodate the Recreational Vehicle.

8. There has been a violation of this chapter.

B. To revoke a temporary RV parking permit, the City shall issue a notice of revocation in writing to the permittee specifying the basis for and the effective date of the revocation, which date shall be at least two (2) days after the date of the notice of revocation. To the extent a permit expires pursuant to its own terms before the effective date of such revocation, the City may use such revocation as a basis to deny a future application from the same permittee. The City's determination to revoke a temporary RV parking permit shall be final.

XXXX. Posting notice.

The City shall cause appropriate signs or markings giving notice of the restrictions provided for in this chapter, to be placed at all primary entrances to the City. Notice that a Recreational Vehicle is subject to removal for violation of this chapter shall also be provided.”
SECTION 3. CEQA Findings. The City Council finds that the Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Code of Regulations CEQA Guidelines Section 15061(b)(3) in that it is no possibility it may have significant effect on the environment.

SECTION 4. Clerical Errors. The City Council directs the Chief Deputy City Clerk to correct any clerical errors found in this Ordinance including, but not limited to,

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 8 of 7
typographical errors, irregular numbering and incorrect section references.

SECTION 5. Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentences, 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. Effective Date. In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force thirty (30) days from passage and adoption.

SECTION 7. Certification and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published and posted as required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this xxth day of XXXX, 2025.
_____________________________
Larry G. Burrola, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

01005.0001 2014182.2
ORDINANCE NO. XXX
PAGE 9 of 7

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. XXX was adopted at a regular meeting of the City Council of the City of Irwindale held on XXXX XX, 2025, and was carried by the following roll-call vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

AFFIDAVIT OF POSTING
I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. ___ adopted by the City Council of the City of Irwindale at its regular meeting held ________, 2025, to be posted at the City Hall, Library, and Post Office on __________, 2025.

Dated:

Laura M. Nieto, MMC
Chief Deputy City Clerk

Irwindale Title 17: Site Planning and General Development Standards Chapter 17.13 123 April 2024

17.13.120 Parking and Storage of Commercial and Recreational Vehicles The parking and storage of commercial and recreational vehicles on private property is subject to the following standards.

A. Commercial Vehicles and Equipment.

1. Commercial Vehicles.Commercial vehicles, including any self-propelled vehicle over 10,000 pounds gross vehicle rating and/or having more than two axles and possessing a commercial license plate, shall not be parked or stored in any residential zone or any street adjoining a residential zone.

B. Trailers and Equipment. Trailers or equipment used for commercial purposes shall be stored within an enclosed building or screened from adjacent properties.

C. Recreational Vehicles.

1. Location. Recreational vehicles parked on residential lots which were of record on or before the adoption of this Chapter, must be parked at least five feet from the sidewalk, street rightof-way or property line, whichever is farther. Recreation vehicles parked on residential lots created after the adoption of this Chapter, may not be parked in a required setback adjacent to a public street.

2. Paving and Surfacing.
a. Total Area of Surfacing. No more than 350 square feet of paved or improved surfaces shall be allowed for the parking or storage of recreational vehicles in any Residential Zone.
b. Surfacing for Parking in Front Yards. Recreational vehicles located within front yards shall be parked on a paved surface or similar material in accordance with the provisions of this section and the Irwindale Zoning Code. c. Surfacing for Parking in Side or Rear Yard. Recreational vehicles located within side or rear yards shall be parked on a paved or improved surface, which may include pavement or turf stones. All surfaces shall be kept clear of weeds, debris, mud, and vehicle fluids that contaminate soil or groundwater.

3. Secondary Driveway. A secondary driveway for recreational vehicles may be allowed on corner lots outside of the vision triangle of the intersection, with the approval of an encroachment permit from the Public Works/Engineering Department. Paving strips may be used on thedriveway.

Irwindale Title 17: Site Planning and General Development Standards Chapter 17.13 124 April 2024
Figure 17.13.120: Secondary Driveways

4. Registration. The recreational vehicle shall have a current and valid registration displayed.

5. Dwelling Use Prohibited. No recreational vehicle shall be used for dwelling purposes on any site.

6. Fluid Collection Systems. Drip pans or other fluid collection systems shall be used on any recreational vehicle that shows evidence of leakyfluids.

17.13.130 Refuse/Trash Collection Areas
A. General Requirements.

1. In accordance with the California Solid Waste Reuse and Recycling Access Act of 1991 (Public Resources Code Sections 42900 through 42911), any project for which an application for a building permit is submitted after the effective date of this ordinance, shall include adequate, accessible areas for collecting and loading refuse and recyclable materials. These regulations apply to refuse and recycling areas not accessible to the public, and which are used exclusively by the tenants/owners of the development site.

2. In accordance with the California Waste Management Act of 1989 (Public Resources Code Sections 40050 through 40063) and the City of Irwindale Municipal Code Chapter 8.20 (Solid Waste Collection), areas for recycling shall be adequate in capacity, number, and distribution to serve the development where the project occurs. These areas shall be located within, or as close as possible to, planned or existing exterior collection areas/enclosures.

B. Applicability. The provisions of this Section apply to all development except as follows.

1. Any project for which a building permit is not required from the City Building Department;

2. All commercial and multi-unit activity thatrequires only an over-the-counter permit;

3. All permits not related to the interior improvement of the building excluding new structures; and

Item #22.D.

Date: June 25, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Consideration of Appointment of Two (2) Business Representatives to the ICF Board of Directors
City Manager's Recommendation:

That the City Council adopt Resolution No. 2025-56-3644 entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPOINTING TWO IRWINDALE BUSINESS REPRESENTATIVES TO THE IRWINDALE COMMUNITY FOUNDATION FOR TWO YEAR TERMS EXPIRING JUNE 30, 2027" or provide other direction to staff.

Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Laura Nieto, Chief Deputy City Clerk
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

On October 10, 2018, the City Council adopted Resolution No. 2018-72-3066 establishing a Non-Profit Community Foundation for the purpose of accepting and using funds donated to the City for community purposes.

On March 13, 2024, the City Council amended the Articles of Incorporation and Bylaws of the Irwindale Community Foundation to state that the Board of Directors (“Board”) shall be five (5) members, who

serve staggered terms of two (2) years, except that the length of the terms of each of the five (5) directors appointed in 2024 shall be staggered, as follows:
• The councilperson's term shall end on June 30, 2026;
• The two City residents' terms shall end on June 30, 2026; and • The two business representatives' terms, who shall not be employees, commissioners, or elected officials of the City of Irwindale, shall end on June 30, 2025.

Beginning in 2025, the terms of office for business representatives will be two years, expiring in odd numbered years.

On May 30, 2025, a letter was sent to all Irwindale businesses soliciting applications. The following Irwindale business representatives submitted applications for consideration of appointment to a twoyear term expiring June 30, 2027:
• Yuri Echaorre, Socal Golden Care Home Health
• Steven Hillgren, Kearny Real Estate Company
All directors of the Board shall be appointed by a majority vote of the City Council, and all vacancies on the Board shall be filled by appointment by a majority vote of the City Council. Directors of the Board may be removed with or without cause by a majority vote of the City Council. It would now be appropriate for the City Council to appoint two (2) Irwindale Business Representatives to the Irwindale Community Foundation for terms expiring June 30, 2027, or provide other direction to staff.

Fiscal Impact:

There is no fiscal impact associated with this action.

Attachments:

1. Resolution No. 2025-56-3644 ICF Appointments, Business Representatives

2. ICF Business Application - Echaorre, Yuji

3. ICF Business Application - Hillgren, Steven

Resolution No. 2025-56-3644

RESOLUTION NO. 2024-56-3644

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPOINTING TWO IRWINDALE BUSINESS REPRESENTATIVES TO THE

IRWINDALE COMMUNITY FOUNDATION FOR TWO YEAR TERMS
EXPIRING JUNE 30, 2027
WHEREAS, on October 10, 2018, the City Council adopted Resolution No. 2018-72-3066 establishing a Non-Profit Community Foundation for the purpose of accepting and using funds donated to the City for community purposes; and WHEREAS, on February 13, 2019, the City Council approved the Articles of Incorporation and the Bylaws of the Irwindale Community Foundation that states the board of directors (“Board”) shall be five (5) members, who serve staggered terms of two (2) years, and shall be composed of the following: one sitting member of the Irwindale City Council; two (2) residents of the City of Irwindale, who shall not be employees, commissioners, or elected officials of the City of Irwindale and two (2) representatives of businesses located in the City of Irwindale, who shall not be employees, commissioners, or elected officials of the City of Irwindale; and WHEREAS, on March 13, 2024, the City Council amended the Articles of Incorporation and Bylaws of the Irwindale Community Foundation to state the board of directors (“Board”) shall be five (5) members, who serve staggered terms of two (2) years, except that the length of the terms of each of the five (5) directors appointed in 2024 shall be staggered, as follows:
• The councilperson's term shall end on June 30, 2026;
• The two City residents' terms shall end on June 30, 2026; and • The two business representatives' terms, who shall not be employees, commissioners, or elected officials of the City of Irwindale, shall end on June 30, 2025
WHEREAS, on May 30, 2025, a mailer was sent to all Irwindale Businesses soliciting applications for the Irwindale Business Representative vacancies in accordance with the requirements of the Maddy Act (Gov’t Code § 54970, et seq.); and
WHEREAS, two (2) individuals representing Irwindale Businesses submitted applications for consideration of appointment to the Board by the deadline of June 18, 2025; and
WHEREAS, all directors of the Board shall be appointed by a majority vote of the City Council, and all vacancies on the board shall be filled by appointment by a majority vote of the City Council. Directors of the Board may be removed with or without cause by a majority vote of the City Council; and

Resolution No. 2025-56-3644

WHEREAS, it would now be appropriate for the City Council to make two (2) appointments to the Irwindale Community Foundation Board for two-year terms expiring June 30, 2027.

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

Section 1. Pursuant to bylaws of the Irwindale Community Foundation, two (2) directors shall be appointed for two (2) year-terms, as follows:

The term of two Irwindale Business Representatives shall end on June 30, 2027:
_______________________________
________________________________
Section 2. The Chief Deputy City Clerk shall certify to the adoption of this Resolution and shall transmit a certified copy thereof to the newly appointed members.

PASSED, APPROVED, and ADOPTED this ______ day of ______2025. __________________________
Larry G. Burrola, Mayor
ATTEST:
_____________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Resolution No. 2024-50-3527

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-56-3644 was adopted at an regular meeting of the Irwindale City Council held on the ____ day of ______2025, by the following vote of the Council:

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

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


____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ See attached

APPLICATION FOR APPOINTMENT

TO IRWINDALE COMMUNITY FOUNDATION
Are you applying as a
Resident
Representative of a Business
Name of Business: Kearny Real Estate Company
Position: Vice President
Name:

Address:

Occupation:

Employer:

Address:

Steven Hillgren
Real Estate Development
Kearny Real Estate Company
11150 Santa Monica Blvd, Suite 300
Home Phone: ( Business Phone: (949) 246 -2816
Years in Irwindale: 5 Registered Voter? Yes (not in Irwindale) Educational background / degree: Georgetown University - Business and Theology Licenses or Special Certificates:

List any Irwindale, Los Angeles County, or other City committee, board or commission on which you presently serve or have served, and the year served. Chair- Irwindale Chamber of Commerce Please answer the following questions completely
What are your reasons for wanting to serve on the Irwindale Community Foundation? (Use additional paper, if necessary.)
x

_____________________________
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Application for Appointment Page 2
To Irwindale Community Foundation
Why do you feel that you would make a good Foundation Member? (Use additional paper, if necessary.) Have you applied for any City Board or Commission before? Yes X No If so, which one? ICF Board in 2024/2025
Abilities, experiences, and interest which you believe would contribute to your participation in municipal non-profit organization:

PLEASE INCLUDE A RESUME, IF AVAILABLE
Signature: _ Date: June 18, 2025
ALL DATA SUPPLIED ON THIS APPLICATION IS CONSIDERED PUBLIC INFORMATION.

Return application to: Irwindale Community Foundation
Laura Nieto, Secretary
5050 N. Irwindale Avenue
Irwindale, CA 91706
[email protected]
DEADLINE TO SUBMIT COMPLETED APPLICATION IS WEDNESDAY, JUNE 18, 2025 AT 6:00 P.M.

Please contact the Board Secretary at 626-430-2202 if you have any questions.

See attached
See attached

Steven Hillgren – Question/Answers
What are your reasons for wanting to serve on the Irwindale Community Foundation? (Use additional paper, if necessary.)
• I served on the ICF Board in 2024-2025. I’ve sincerely enjoyed the opportunity to represent the Business community and Irwindale community. Going forward, the ICF is faced with an opportunity to rethink how they raise new funds. I hope that I can be a connector between the business community, and create opportunities for the Business community to be more involved with the ICF. Also, having served on the board, it is important to me that the resources that the ICF has, are thoughtfully invested and distributed where they are needed most in the community.

Why do you feel that you would make a good Foundation Member? (Use additional paper, if necessary.)
• I’ve served as an Irwindale Chamber of Commerce board member for the past three years and am currently the Board Chair. I enjoy collaborating with other business leaders. I’m comfortable sharing ideas and debating in a board setting. My background in finance (7 years in banking – Sunwest Bank and Wells Fargo) and real estate development (7 years - Kearny) can provide valuable analytical, design, and space planning support.

Abilities, experiences, and interest which you believe would contribute to your participation in municipal non-profit organization:
• I have been involved in the Irwindale community for the past 5 years working on the remediation of the former Nu-Way landfill (Irwindale Gateway). It has been exciting to see a blighted site transform into something usable that will one day benefit the City. My experience in the business community offers a valuable connection to collaborate, support, and enhance community spaces for the betterment of Irwindale residents. Most importantly (I think), is my experience as a father, and knowing the importance of providing community to our children. Being involved in safeguarding what the ICF provides to the Irwindale community is an honor to be a part of.

IRWINDALE CITY COUNCIL CHAMBERS APRIL 9, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 8:02 P.M.

The Irwindale SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY met in regular session at the above time and place.

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

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

ITEM NO. 27A MINUTES OF THE REGULAR MEETING HELD FEBRUARY 26,

MINUTES OF THE
REGULAR MEETING The minutes of the regular meeting held February 26, 2025, were HELD FEBRUARY 26, approved as presented.
2025
ITEM NO. 27B WARRANTS / DEMANDS / PAYROLL

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

END OF CONSENT CALENDAR

SPONTANEOUS
COMMUNICATIONS There were no speakers.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:05 p.m.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

Successor Agency
May 2025
May 1 - 31, 2025
Reference
Number Vendor Name Date Amount
WFB-62 2006 Sub Lien TA Rfdg Bond (WFB-62) 5/5/2025 32,724.46 Report Total: 32,724.46
Electronic Payments

IRWINDALE CITY COUNCIL CHAMBERS APRIL 23, 2025
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 8:19 P.M.

The Irwindale HOUSING AUTHORITY met in regular session at the above time and place.

ROLL CALL: Present: Board Members Albert F. Ambriz, Mark A. Breceda, Manuel R. Garcia; Vice Chair H. Manuel Ortiz; Chair Larry G. Burrola Also present: Julian A. Miranda, Executive Director; Adrian Guerra, General Counsel; Theresa Olivares, Assistant Executive Director; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Marilyn Simpson, Community Development Director; Elizabeth Rodriguez, Public Services Director; Eddie Chan, Director of Engineering / Building Official; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES None.

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

ITEM NO. 33A INVESTMENT QUARTERLY REPORT FOR FISCAL QUARTER INVESTMENT ENDING MARCH 31, 2025

QUARTERLY REPORT
FOR THE FISCAL The Investment Quarterly Report for the fiscal quarter ending March QUARTER ENDING 31, 2025, was received and filed.

MARCH 31, 2025

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS
FRED BARBOSA Fred Barbosa asked about funding for the Housing Authority, to which Executive Director Miranda stated that specific details could be provided at the next meeting.

ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:21 p.m.
_________________________
Laura M. Nieto, MMC
Chief Assistant Authority Secretary

Item #33.B.

Date: June 25, 2025
To: Honorable Chair and Members of the Housing Authority From: Julian A. Miranda, Executive Director
Issue: Acquisition of 4846 Irwindale Avenue, Irwindale CA City Manager's 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 PURCHASE AND SALE

AGREEMENT AND RELATED DOCUMENTS AND APPROVING THE APPROPRIATION OF FUNDS FROM LOW- AND MODERATE-INCOME HOUSING ASSET FUND (12)."
Administrative Action:

Submitted/Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Prepared by:

Fernando Lopez, Housing Coordinator
Reviewed by:

Adrian R. Guerra, General Counsel
Approved by:

Julian A. Miranda, Executive Director
Background and Analysis:

REQUEST: Staff requests that the Board approve the acquisition of the real property located at 4846 Irwindale Avenue (APN 8417-033-092) (“Property”) pursuant to the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions, a copy of which is Attachment A (“PSA”).

PROPERTY BACKGROUND: 4846 Irwindale Avenue is a residential parcel that has been offered for purchase to the Housing Authority by the property owner. Residential property owned by LINDA EGGERS, TRUSTEE OF THE LINDA EGGERS 2004 LIVING TRUST DATED JANUARY 13, 2004 (“Property owner”).

Consequently, the staff relayed the offer for purchase to the Housing Authority Board and received authorization from the IHA Board to obtain an appraisal of the site with an assigned value. The property consists of a single-story, wood-frame, single-family residence built in 1923.

According to County records, the gross building area is 804 square feet, consisting of two bedrooms, one bathroom, a living room, dining room and a 1-car garage. The property is zoned C3- Heavy Commercial- Residential and is in fair condition.

The property is not currently occupied, although the property owner has a family member serving as a caretaker.

The property has a 10,329-square-foot lot that could be better utilized for the development of Affordable Housing.

The California Department of Housing and Community Development (HCD), along with Los Angeles County Officials, have identified the urgent need for Affordable Housing Development throughout the state.

City staff received authorization from the Housing Authority Board to contact the Trust to express the Housing Authority’s interest in the property and begin negotiations.

APPRAISAL: The City has obtained an Appraisal Report from Frazier Capital Valuation

effective as of September 17, 2024, which valued the property at $580,000.

BROKER REPRESENTATION: Buyer and Seller have negotiated in good faith and mutually agreed to the acquisition of the property by the Buyer pursuant to the terms of the Purchase and Sale Agreement.

PSA: IHA and Seller have negotiated the PSA which includes the following terms. • Purchase Price: $580,000
• Deposit: $17,400
• Escrow: Fidelity National Title
• Title Insurance:
• Insurer: First American Title Insurance Company
• Title Policy: An ALTA (non-extended) owner’s title policy to be issued to IHA closing with exceptions approved by IHA.
• Due Diligence Period: 60 days from IHA’s receipt of all required information from the Seller with the right to extend for 7 days if necessary to obtain a Phase II environmental report based on recommendations in the Phase I report. IHA has a duty to promptly order a Phase I report. • Close of Escrow: 30 days after expiration of due diligence period. • Limited Seller Representations & Warranties: Sellers (being only trustees and successors of Original Owners who are deceased) only make limited representations and warranties. IHA will basically acquire the property in AS-IS condition.
• Costs: IHA shall pay the cost of the title insurance policy and all escrow charges. • Liquidated Damage Clause: IHA has the right to terminate the PSA with the Deposit returned if it disapproves of the Property prior to the end of the Due Diligence Period. If the IHA elects not to purchase the property after that period has expired, it may do so but will technically be in breach of the PSA and will forfeit the deposit ($17,400) to the seller pursuant to a liquidated damage clause, which means that the maximum liability for the breach is $17,400. • Executive Director Authority: The PSA provides authority for the Executive Director to execute all documents to implement the transaction, including authority to make modifications or amendments, including extensions of time.

STAFF RECOMMENDATION AND ALTERNATIVES:

Staff recommends that the Housing Authority Board approve the PSA and authorize Staff to engage Converse Consultants to conduct the due diligence, including a Phase I report and, if necessary, a Phase II report.

However, the following alternative actions are available for the Board’s consideration:

1. Do not approve the PSA.

2. Identify changes the Board wants to be made to the PSA and direct the IHA’s legal counsel and staff to return with another draft.

Fiscal Impact:

The total cost for the Irwindale Housing Authority (IHA) to acquire 4846 Irwindale Avenue, Irwindale, CA property ($580,000), escrow fees ($3,000), and consultant fees ($2,400) is $585,400. The adoption of Resolution No. HA-2025-05-149 authorizes the Finance Director to: 1) transfer $585,000 from IHA's Local Agency Investment Fund (LAIF) account to the Low-and Moderate-Income Housing Asset Fund (12), and 2) release this amount to Escrow for the acquisition only.

Attachments:

1. Resolution No. HA 2025-05-149

2. Purchase and Sale Agreement - Eggers (2005894.1)

Resolution No. 2025-05-149

RESOLUTION NO. HA 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 PURCHASE

AND SALE AGREEMENT AND RELATED DOCUMENTS AND APPROVING

THE APPROPRIATION OF FUNDS FROM LOW-AND MODERATE-INCOME HOUSING ASSET FUND (12)
WHEREAS, the Irwindale Housing Authority (“Authority”) is established to provide suitable, safe and sanitary housing opportunities for Irwindale residents; and WHEREAS, the Authority is required to utilize its Low and Moderate Income Housing Funds to facilitate the development of affordable housing to be made available to very low, low, and moderate income households; and
WHEREAS, in furtherance of this purpose, the Authority identified a vacant residential property located on 4846 Irwindale Avenue in Irwindale (“Property”) which, due to its location on a major City thoroughfare and close proximity to the City’s Civic Center could be better utilized for the development of affordable housing; and WHEREAS, Authority staff negotiated a Purchase and Sale Agreement with the property owner for the sale of the Property to the Authority for $580,000 based on a September 17, 2024 appraisal report, which valued the Property at $580,000; and WHEREAS, the Authority desires to purchase the Property in the amount of $585,400 ($580,000 (property including $17,400 initial deposit) + $3,000 (escrow fees) + $2,400 (consultant fees)) for the purposes of developing the Property into affordable housing to be made available to very low, low, and moderate income households; and WHEREAS, the Authority desires to engage Converse Consultants, a third party expert, for $2,400 for Phase I report, and if applicable, Phase II report, and any other due diligence work needed as reasonably determined by Staff; and WHEREAS, the Authority has sufficient funds to acquire the Property including escrow fees, engage the services of the Consultant, and authorizes the Finance Director to transfer $585,000 from Authority’s funds in Local Agency Investment Fund (LAIF) account to Low Mod Housing Asset Fund No. 12, amend Authority’s fiscal year 2024-2025 adopted budget by appropriating these costs into proper accounts, and transfer the money to escrow for the acquisition.

Resolution No. 2025-05-149

NOW, THEREFORE, THE BOARD OF THE IRWINDALE HOUSING AUTHORITY DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions, attached hereto as Exhibit “A” is hereby approved and the Executive Director is authorized and directed to execute all documents pertinent and necessary to acquire the Property subject to approval as to form by the Authority Counsel.

SECTION 2. The Board of the Authority authorizes the Executive Director to retain Converse Consultants for $2,400 to conduct due diligence on the Property, including a Phase I and Phase II report, if necessary, and any other additional due diligence work needed as reasonably determined by Staff.

SECTION 3. The Board of the Authority hereby authorizes Finance Director to transfer $585,000 ($580,000 (property including $17,400 initial deposit) + $3,000 (escrow fees) + $2,400 (consultant fees)) from Authority’s Local Agency Investment Fund (LAIF) account to Low And Moderate Income Housing Asset Fund (12), amend Authority’s fiscal year 2024-2025 adopted budget by appropriating these costs into proper accounts, and transfer the money to escrow for the acquisition.

SECTION 4. The Authority Assistant Secretary shall certify to the passage and adoption of this Resolution, and the same shall thereupon take effect and be in force.

PASSED, APPROVED, AND ADOPTED this 25th day of June 2025. ________________________________
Larry G. Burrola, Chair
ATTEST:
_________________________
Laura M. Nieto, MMC
Authority Assistant Secretary

Resolution NO. 2025-05-149

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF IRWINDALE )
I, Laura M. Nieto, Assistant Secretary of the Irwindale Housing Authority, do hereby certify that the foregoing Resolution No. HA 2025-05-149 was adopted at a special meeting of the Housing Authority held on the 25th day of June 2025, by the following vote:

AYES: Authority Members:

NOES: Authority Members:

ABSENT: Authority Members:

ABSTAIN: Authority Members:
_______________________________
Laura M. Nieto, MMC
Authority Assistant Secretary

01005.0013 2005894.1 1

AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this ___ day of ________, 2025 (“Agreement Date”) by and between the IRWINDALE HOUSING AUTHORITY, a public entity (“Buyer”) and LINDA EGGERS, TRUSTEE OF THE LINDA EGGERS 2004 LIVING TRUST DATED JANUARY 13, 2004 (“Seller”) with FIDELITY NATIONAL TITLE INSURANCE COMPANY, a corporation as Escrow Holder and Title Company.

R E C I T A L S:

A. Seller owns that certain residential real property located at 4846 Irwindale in the City of Irwindale, County of Los Angeles State of California (APN No. 8417-033-092) legally described in attached Exhibit A (“Property”).

B. Buyer and Seller have negotiated in good faith and mutually agreed for the acquisition of the Property pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereto agree as follows:

TERMS AND CONDITIONS:

1. PURCHASE AND SALE OF PROPERTY.

1.1 Acquisition of Property. Pursuant to the terms of this Agreement, Buyer hereby agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Property and all fixtures and appliances located at the Property (“Personal Property”).

1.2 Waiver and Release of Condemnation Claims. The parties acknowledge that the City’s acquisition of the Property pursuant to this Agreement is not under threat of condemnation by City. Seller agrees that this Agreement provides for fair compensation for the Owner Property and City’s intent to use the Property for a public use and waives any and all claims against Buyer with respect to same, including any relocation expenses, if applicable.

2. EFFECTIVE DATE; OPENING OF ESCROW. The date this Agreement is executed by both Buyer and Seller is hereinafter referred to as the “Effective Date.” Within three (3) business days of the Effective Date, the parties shall open an escrow (“Escrow”) with Fidelity National Title Insurance Company (Escrow Holder) by causing an executed copy of this Agreement to be deposited with Mary Lou Adame, Escrow Officer (“Escrow Officer”) at Fidelity National Title Insurance Company at 3237 E. Guasti Rd., Ste. 105, Ontario, CA 91761 (Direct) (909) 978-3020 [email protected] together with the Deposit (as defined in Section 3.2(a)) (“Opening of Escrow”).

3. PURCHASE PRICE; COMMISSION.

3.1 Purchase Price. The Purchase Price for the Property is Five Hundred NinetyNine Thousand Dollars ($580,000) (“Purchase Price”).

01005.0013 2005894.1 2

3.2 Payment of Purchase Price. The Purchase Price shall be paid as follows:
(a) Deposit. At Opening of Escrow, Buyer shall deposit the sum of Seventeen Thousand Four Hundred Dollars ($17,400) with Escrow Holder (“Deposit”).
(b) Balance of Funds. At least one (1) day prior to the Closing, Buyer shall deposit balance of the Purchase Price with Escrow Holder in Good Funds (as defined below).

3.3 Disbursement of Seller’s Net Proceeds. At the Closing, the net proceeds (as determined by the Seller settlement statement) shall be disbursed to Seller.

3.4 Good Funds. All funds deposited in Escrow shall be in “Good Funds” which means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California.

4. ADDITIONAL FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.

4.1 Seller. Seller agrees that on or before 12:00 noon on the day preceding the Closing Date, Seller will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including without limitation:
a. Executed and recordable grant deed in the form attached as Exhibit B (“Grant Deed”).
b. The executed natural hazard disclosure statement pursuant to Section 7.2. c. A Non-Foreign Affidavit as required by federal law.
d. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.

4.2 Buyer. Buyer agrees that on or before 12:00 noon on the date preceding the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including without limitation:
a. The statutorily required Certificate of Acceptance in the form attached to the Grant Deed (“Certificate of Acceptance”).
b. Acknowledgement of receipt of all Disclosure Reports (including the NHD statement) and Notices (as defined in Section 7).
c. A Preliminary Change of Ownership Statement completed in the manner required in Los Angeles County.
d. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.

4.3 Recordation, Completion and Distribution of Documents. Escrow Holder will cause the Grant Deed (with the Certificate of Acceptance attached) to be recorded when it can

01005.0013 2005894.1 3
issue the Owner’s Title Policy in accordance with Section 6, and holds for the account of Buyer and Seller, respectively, the funds and items described above to be delivered to Buyer and Seller, respectively, through Escrow, less costs, expenses and disbursements chargeable to Seller pursuant to the terms hereof.

5. CLOSING DATE; TIME IS OF ESSENCE.

5.1 Closing Date. Escrow shall close within ten (10) days after Buyer has provided the Buyer's Due Diligence Approval Notice (pursuant to Section 7), but no later than sixty (60) days from the Effective Date (“Closing Date”) unless extended as evidenced by a writing executed by both parties. The terms “Close of Escrow” and/or “Closing” are used herein to mean the time Grant Deed with the Certificate of Acceptance is filed for recording by the Escrow Holder in the Office of the County Recorder of Los Angeles County, California.

5.2 Possession. At the Closing, Seller shall deliver the Property to Buyer free of any occupants or tenants.

5.3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence.

5.4 City Manager’s Authority for Buyer. Buyer by its execution of this Agreement hereby agrees that the City Manager or his designee (who has been designated by City Manager’s written notice delivered to Seller and Escrow Holder) shall, in City Manager’s sole and exclusive discretion, have authority:
(i) to execute documents on behalf of Buyer including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the City Manager or their designee shall be binding on Buyer. (ii) make minor modifications to this Agreement in order to fulfill the direction of the City Council, provided that such minor modifications must be approved by the City Attorney.

6. TITLE POLICY.

6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than five (5) days following Opening of Escrow, a preliminary title report shall be issued by Fidelity National Title Insurance Company (“Title Company”), describing the state of title of the Property, together with copies of all exceptions specified therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within ten (10) days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”). (b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of ten (10) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”). If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5)

01005.0013 2005894.1 4
days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s).
(c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to five (5) days following receipt of notice of such additional exceptions. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases, deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and similar monetary encumbrances affecting the Property, and Seller shall discharge any such non-permitted title matter of record prior to or concurrently with the Close of Escrow.

6.2 Title Policy. At the Close of Escrow, Escrow Holder shall furnish Buyer with an CLTA/ALTA Homeowner’s Policy of Title Insurance (“Title Policy”) insuring title to the Property vested in Buyer in the amount of the Purchase Price containing only such exceptions approved or waived by Buyer in accordance with this Section. The cost of the Title Policy shall be paid by Buyer. The Title Policy shall also include any available extended coverage or endorsements that Buyer may reasonably request.

7. TRANSFER DISCLOSURE STATEMENT; DUE DILIGENCE; DISCLOSURES.

7.1 Transfer Disclosure Statement. Within three (3) days after the Opening of Escrow, Seller shall provide a completed and executed Transfer Disclosure Statement (as specified in Civil Code Section 1102) (“TDS”) for Buyer’s review and approval. If Buyer disapproves the completed TDS, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period (as defined in Section 7.6). If Buyer does not disapprove the TDS within the Due Diligence Period, Buyer shall be deemed to have approved it.

7.2 Natural Hazard Disclosure Report. Within three (3) days after the Opening of Escrow, Escrow Holder shall order and deliver to Buyer a comprehensive natural hazard disclosure and tax report from Disclosure Source (“NHD Report”) for Buyer’s review and approval. If Buyer disapproves the NHD Report, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove the NHD Report within the Due Diligence Period, Buyer shall be deemed to have approved it.

7.3 Lead-Based Paint Disclosures. Within three (3) days of Opening of Escrow, Seller shall deliver to Buyer the statutory Lead-Based Paint Disclosure and pamphlet as required by federal law (“Lead Paint Disclosure”) for Buyer’s review and approval. If Buyer disapproves the Lead Paint Disclosure, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove the Lead Paint Disclosure within the Due Diligence Period, Buyer shall be deemed to have approved it. Waiver of the Lead Paint Disclosure is prohibited by law.

7.4 Material Facts & Insurance Claims. Within three (3) days of the Opening of Escrow, Seller shall disclose to Buyer in writing all known material facts and defects including known insurance claims within the last five (5) years preceding the Agreement Date

7.5 Other Statutory Disclosures. Within three (3) days of Opening of Escrow,

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Seller shall deliver to Buyer all other applicable statutory disclosures (including, but not limited to, notice or actual knowledge of release of illegal controlled substance, etc.) as required by law for Buyer’s review and approval. If Buyer disapproves any such disclosures, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove a statutory disclosure within the Due Diligence Period, Buyer shall be deemed to have approved it.

Buyer is a public agency and, therefore, will not be occupying the Property and Seller is exempt from providing certain disclosures.

7.6 Due Diligence. Within five (5) days after the Effective Date, Seller shall provide to Buyer all documents regarding the Property within its possession or control and all the documents specified in Section 7. For a period of up to forty-five (45) days following Effective Date ("Due Diligence Period"), Buyer shall have the right to review the documents provided by Seller.

Buyer shall notify Seller in writing ("Buyer's Due Diligence Notice") on or before the expiration of the Due Diligence Period of Buyer's approval of the condition of the Property as well as the TDS, NHD Report, Lead Paint Disclosure and all other disclosures and notices delivered to Buyer under this Agreement, which approval may be withheld in Buyer's sole discretion. In the event that Buyer obtains a Phase I environmental report which recommends that a Phase II environmental report be obtained, the Due Diligence Period will be extended until ten (10) days after the Phase II environmental report is delivered to Buyer. Buyer shall provide a copy of the Phase I environmental report to Seller and thereafter promptly order the Phase II environmental report.

7.7 Right to Enter. Commencing upon Opening of Escrow, Seller grants Buyer, its agents and employees at Buyer’s sole cost and expense, a limited license to enter upon the Property for the purpose of conducting engineering surveys, soil tests, environmental testing and inspections, investigations or other studies reasonably necessary to evaluate the condition of the Property, which studies, surveys, reports, inspections, investigations and tests shall be done at Buyer’s sole cost and expense. Prior to entry onto the Property, Buyer shall (i) provide Seller twenty-four (24) hours prior written notice where reasonable under the circumstances; (ii) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (iii) comply with all applicable laws and governmental regulations; (iv) keep the Property free and clear of all materialmen’s liens, lis pendens and other liens arising out of the entry and work performed under this provision; (v) maintain an all-risk public liability insurance policy in a form reasonably acceptable to Seller, written on a per occurrence combined single limit of not less than ONE MILLION DOLLARS ($1,000,000) for bodily injury, personal injury and property liability, which insurance names Seller as additional insured, and shall be in force during the term of this Agreement and so long thereafter as necessary to cover any claims of damages suffered by persons or property resulting from any acts or omissions of Buyer, Buyer’s employees, agents, contractors, suppliers, consultants or other related parties; and (vi) return the Property to substantially its original condition following Buyer’s entry. Failure of Seller to provide access to the Property to make inspect the Property at a day and time requested by Buyer shall be a material breach of this Agreement.

Buyer agrees to indemnify, and hold Seller free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) which Seller may suffer or incur as a consequence of Buyer’s exercise of the license granted pursuant to this Section 7.7 or any act or omission by Buyer, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Buyer (except Seller and its agents) with respect to the Property, excepting any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) arising from the mere discovery by Buyer of

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any hazardous materials or conditions and excepting to the extent such claims arise out of the negligence or misconduct of Seller. Buyer’s obligations under this Section 7.7 shall survive termination of this Agreement.

7.8 Statutory Disclosures. As required by law, Seller makes the following disclosures to Buyer:
a. No HOA. The Property may be subject to certain covenants, conditions and restrictions as disclosed in the Preliminary Title Report. However, there is no homeowner association and there are no HOA assessments to which the Property is subject.
b. Megan’s Law. “Notice: Pursuant to Section 290.46 of the Penal Code information about specified registered sex offenders is made available to the public via an internet website maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on a sex offender’s criminal history, this information will include either an address at which the offender resides or the community of residence and ZIP code in which he or she resides. (Neither Seller or Broker are required to check this website).”
c. Gas and Hazardous Liquid Transmission Pipelines. “This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public at the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.hpms.phmsa.dot.gov/. To seek further information about possible transmission lines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP code and county on the NPMS Internet Web site.”

8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
(a) Title Company will issue the Title Policy as specified in Section 6.2. (b) Seller has provided to Buyer all documents required under this Agreement, including, but not limited to, the NHD Report, Lead Disclosure Statement, etc. (cumulatively the “Disclosure Reports and Notices”).
(c) Buyer has approved all Due Diligence matters within the Due Diligence Period as specified in Section 7.
(d) Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement.
(e) Seller is not in breach of any of the representations, warranties or covenants in Section 9.
(f) Seller is not in default of its obligations under this Agreement.

01005.0013 2005894.1 7

8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent:
(a) Buyer has executed the acceptance of the Certificate of Acceptance and delivered same to Escrow Holder to be attached to the Grant Deed prior to recordation. (b) Escrow Holder holds and will deliver to Seller the instruments (including, but not limited to, the Title Policy) and funds accruing to Seller pursuant to this Agreement. (c) Buyer is not in default of its obligations under this Agreement. (d) Seller is in full compliance with its obligations under Section 7 to Buyer’s satisfaction.

9. REPRESENTATIONS, WARRANTIES AND COVENANTS.

9.1 Representations & Warranties. Seller makes the following representations, warranties and covenants to Buyer, each of which is true in all respects as of the date hereof and shall be true in all respects on the date of Close of Escrow on the Property:
a. Seller has not received notice and/or has no knowledge that any governmental authority or any employee or agent thereof considers the present or proposed operation, use or ownership of the Property to violate or have violated any ordinance, rule, law, regulation or order of any government or agency, body or subdivision thereof, or that any investigation has been commenced or is contemplated respecting such possible violations. b. There are no pending or threatened lawsuits or claims which would affect the Property.
c. The Property is not subject to a homeowner’s association nor any such association assessments.
d. The Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. e. Seller has received no written notice from any third parties, prior owners of the Property, or any federal, state or local governmental agency indicating that any hazardous waste remedial or clean-up work will be required on the Property. There are no environmental, health or safety hazards on, under or about the Property, including but not limited to soil and groundwater conditions.
f. There are no contracts, leases, claims or rights affecting the Property and no agreements entered into by or under Seller that shall survive the Close of Escrow. g. Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer through Escrow a nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE (“Nonforeign Affidavit”).

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h. No construction or repair work has been done on the Property within the six (6) months prior to the Opening of Escrow except plumbing work. i. The information provided in the TDS is true, correct and complete. j. Seller is the sole person in possession and control of the Property.

Until the Closing, if Seller learns of any fact or condition which would cause any of the warranties and representations in this Section not to be true as of the Closing, Seller shall immediately give written notice of such fact or condition to Buyer.

9.2 Survival of Representations and Warranties of Seller. The representations and warranties provided in this Section 9 shall survive the Closing and delivery of the Grant Deed and shall not be affected by any investigation, verification or approval by either party or by anyone on behalf of either party.

9.3 Covenants. Seller will provide all information requested by Buyer (either before or after Closing) with respect to the Property. Until the Closing, Seller shall not do anything which would impair Seller’s title to the Property.

9.4 Breach; Indemnification. If a breach of a representation, warranty or covenants occurs before Closing and Buyer is aware that such a breach has occurred, the breach shall be grounds to terminate this Agreement in Buyer’s sole discretion. However, if Buyer elects to not terminate this Agreement and proceeds with the Closing, Seller shall indemnify Buyer and defend with counsel selected by Buyer, protect and hold harmless Buyer, its officers, employees and agents from and against all claims, damages, costs, liabilities and expenses of any kind whatsoever (including attorneys fees), incurred or suffered by or asserted against the Property or Buyer directly or indirectly arising from or attributable to any breach by Seller of any of its representations, warranties or covenants set forth in this Agreement, including, but not limited to, any amounts expended by Buyer to secure exclusive possession free of any occupant or claim by any occupant.

10. ESCROW PROVISIONS.

10.1 Escrow Instructions. Sections 1.1; 2 through 4, inclusive; 5.1, 5.4, 6, 7.2, 8, 10, 11, 13 and 14 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.

10.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to the Buyer and instruct the Los Angeles County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 13 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Los Angeles County, California, and may be disbursed to any other general escrow

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account or accounts. All disbursements shall be according to that party's instructions.

10.3 Real Property Taxes. All non-delinquent general and special real property taxes shall be prorated to the Close of Escrow on the basis of a thirty (30) day month and a three hundred sixty (360) day year. Buyer is exempt from real property taxes so if any amount has been paid by Seller which would otherwise be reimbursable to Seller, Seller, after Closing, shall apply directly to the County for the applicable refund. If any amount of real estate taxes is credited to Buyer, Buyer shall pay such amount to the County upon receipt of the tax bill.

10.4 Utilities. Buyer and Seller shall cause all utilities which are in the name of Seller to be transferred to the name of Buyer as of the Close of Escrow or as soon thereafter as practicable. Utilities shall be prorated to the Close of Escrow. In the event final amounts with respect to said prorations are not available as of Close of Escrow, the proration shall be done on an estimated basis and the parties shall prepare a final proration within thirty (30) days following Close of Escrow. Any party who is obligated to pay net amounts based on said final proration shall reimburse the other party said amount within thirty (30) days after completion of the final proration.

10.5 Payment of Costs.
a. Cost Allocation. Seller shall pay the costs for the Title Policy, one-half (1/2) of escrow costs, the NHD Report, and any fees and costs charged by any lender to obtain releases or consents or otherwise put title in the condition described in Section 6 (including any applicable recording fees for such documents) (“Seller’s Charges”). Buyer shall pay the cost of any extended title policy if requested by Buyer and one-half (1/2) of the escrow fees (“Buyer’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder.

NO RECORDING FEES: Buyer is a public agency and, therefore, is exempt from recording charges applicable to the Grant Deed pursuant to Govt Code § 6103 NO DOCUMENTARY TRANSFER TAXES: No documentary transfer taxes shall be assessed against Seller as the transaction is exempt pursuant to Revenue & Taxation Code § 11922.
b. Closing Statement. At least two (2) days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the Parties.

10.6 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.

10.7 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”)

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and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code § 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto.

Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

10.8 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code § 1445 or an out-of-state seller under California Revenue and Tax Code § 18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code §1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

11. Brokerage Commissions. Buyer and Seller each represent to the other party that it is not represented by a broker. Buyer and Seller each agree to indemnify and hold the other party harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee except as specified above.

12. LIQUIDATED DAMAGES.

IF BUYER SHOULD MATERIALLY DEFAULT UNDER THIS AGREEMENT, BUYER AND

SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF SUCH

DEFAULT WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. THEREFORE, BUYER AND SELLER, IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER’S DAMAGES WOULD BE IN

THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR

INITIALS BELOW THAT THE DEPOSIT SHALL CONSTITUTE A REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR A BREACH PRIOR TO THE CLOSING. IF BUYER FAILS TO PROMPTLY DELIVER THE SUM SPECIFIED

ABOVE TO SELLER, SUCH FAILURE SHALL CONSTITUTE A MATERIAL BREACH OF

THIS PROVISION AND SELLER SHALL BE ENTITLED TO THE LIQUIDATED DAMAGE AMOUNT. NOTWITHSTANDING THE FOREGOING, THE LIMITATION OF DAMAGES

SHALL NOT APPLY TO ANY DEFAULT OR OBLIGATION OF BUYER UNDER UNDER ANY INDEMNITY IN THIS AGREEMENT.
___________________ ___________________
Seller’s Initials Buyer’s Initials

13. NOTICES. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested (“US Mail”), addressed to each party as set forth below or such other address as may be furnished in writing by

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a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) days after deposit into the U.S. Mail.

To Seller: Linda Eggers, Trustee
2738 San Dimas Canyon Road
La Verne, CA 91750
To Buyer: City of Irwindale
5050 N Irwindale Avenue
Irwindale, CA 91706
Attn: Fernando Lopez, Housing Coordinator
With a Copy to: Aleshire & Wynder, LLP
1 Park Plaza Suite 1000
Irvine, CA 92614
Attn: Adrian Guerra, City Attorney
To Escrow Holder: Fidelity National Title Insurance
3237 E. Guasti Rd., Ste. 105
Ontario, CA 91761
Mary Lou Adame, Escrow Officer

14. GENERAL PROVISIONS.

14.1 Assignment. Neither party shall have the right to assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent of the other party.

Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.

14.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs.

14.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

14.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.

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14.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto.

14.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

14.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements, oral or written are merged herein and shall be of no further force or effect.

14.8 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.

14.9 Authority. The person executing this Agreement on behalf of Seller has the authority to bind the trust which is legally bound under this Agreement.

14.10 No Third-Party Beneficiary. This Agreement is only between the parties and is not intended to be nor shall it be construed as being for the benefit of any third party.

14.11 Exhibits. Exhibits A and B attached hereto are incorporated herein by reference.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property and Escrow Instructions as of the date set forth above.

Note: Section 12 must be initialed by both parties.

SELLER: BUYER:
_____________________________

LINDA EGGERS, TRUSTEE OF THE LINDA
EGGERS 2004 LIVING TRUST DATED
JANUARY 13, 2004
ESCROW HOLDER:

Accepted and agreed to:

FIDELITY NATIONAL TITLE

INSURANCE COMPANY
By: _________________________
IRWINDALE HOUSING AUTHORITY, a public
entity
By: _______________________________
Julian Miranda, Executive Director
_________________, 2025
ATTEST:
__________________________________
Laura Nieto, Secretary
APPROVED AS TO FORM:

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Mary Lou Adame, Escrow Officer
Dated: ________________, 2025

ALESHIRE & WYNDER, LLP
By: ___________________________
Adrian Guerra, Legal Counsel

01005.0013 2005894.1 1

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in the City of Irwindale, County of Los Angeles, State of California legally described as follows:

PARCEL 1 OF PARCEL MAP NO. 67727 IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 362 PAGES 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY

01005.0013 2005894.1 1

EXHIBIT B

GRANT DEED

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Irwindale Housing Authority
5050 N Irwindale Avenue
Irwindale, CA 91706
Attention: City Clerk
____________________________________________________________________________

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, LINDA EGGERS, TRUSTEE OF THE LINDA EGGERS 2004 LIVING TRUST DATED JANUARY 13, 2004 (“Grantor”), hereby grants to the IRWINDALE HOUSING AUTHORITY, a public entity (“Grantee”), that real property in the City of Irwindale, County of Los Angeles, State of California, legally described on Exhibit A attached hereto and incorporated herein by reference (“Property”).

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed as of the date below.
“GRANTOR”
Dated: ___________, 202_ ____________________________________

LINDA EGGERS, TRUSTEE OF THE LINDA EGGERS
2004 LIVING TRUST DATED JANUARY 13, 2004
APN 8417-033-092 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES:

Documentary Transfer Tax is: $-0- per R&T §11922
(Exempt from Recording Fee per Gov. Code §6103)
Not to be executed until closing

01005.0013 2005894.1 1

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Grant Deed executed by LINDA EGGERS, TRUSTEE OF THE LINDA EGGERS 2004 LIVING TRUST DATED JANUARY 13, 2004 to the IRWINDALE HOUSING AUTHORITY, a public entity (“Authority”), is hereby accepted by the undersigned officer and agent of the Authority and the Authority consents to the recording of the Grant Deed.

Signed and dated on _____________, 202_ at the City of Irwindale, California.

GRANTEE
IRWINDALE HOUSING AUTHORITY, a public
entity
By: ___________________________
Julian Miranda, Executive Director
Not to be executed until closing

01005.0013 2005894.1 1

EXHIBIT A TO GRANT DEED

LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Irwindale, County of Los Angeles, State of California legally described as follows:

PARCEL 1 OF PARCEL MAP NO. 67727 IN THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 362 PAGES 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY

01005.0013 2005894.1 1

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 2025 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

Item #35.A.

Date: June 25, 2025
To: Honorable Chair and Members of the Housing Authority From: Julian A. Miranda, Executive Director
Issue: Feasibility Studies for 16154-16158 Arrow Highway, Irwindale, CA Executive Director's Recommendation:

Receive and file an update on the planned Feasibility Analysis of 16154 – 16158 Arrow Highway, Irwindale, CA.

Administrative Action:

Submitted & Prepared by:

Fernando Lopez, Housing Coordinator
Reviewed by:

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

Julian A. Miranda, Executive Director
Background and Analysis:

On May 22, 2024, the Irwindale Housing Authority Board authorized the acquisition of 16154 -16158 Arrow Highway, Irwindale, CA. The Irwindale Housing Authority became owners of the site upon close of escrow on October 11, 2024.

Due to the property’s location on a major city thoroughfare and its proximity to the City’s Civic Center.

The property could be better utilized for the development of an Infill Affordable Housing Project.

On March 20, 2025, Housing Division staff submitted an application to participate in the Regional Early Action Planning (REAP 2.0) grant offered by San Gabriel Valley Council of Governments (SGVCOG). The San Gabriel Valley Council of Governments (SGVCOG), with the assistance of a Consultant, will provide technical assistance to Irwindale Housing Authority through its Affordable Housing Incubator program under the Regional Early Action Planning (REAP 2.0) grant.

On May 20, 2025, Irwindale Housing staff received notification from the SGVCOG that its application and project had been selected to participate in the REAP 2.0 grant program. Irwindale staff received an Affordable Housing Incubator Agreement, affirming Irwindale’s participation in the program.

The scope of services provided by the SGVCOG will be a Financial Analysis of the site and proposed design of the Affordable Housing project. Upon completion, the Irwindale Housing Authority will receive a Feasibility Analysis Report and Conceptual drawings for the Affordable Housing Project, at no cost to the Authority.

Fiscal Impact:

None.

Attachments:

1. SGVCOG - Affordable Housing ncubator Agreement

Item #35.B.

Date: June 25, 2025
To: Honorable Chairman and Members of the Housing Board From: Julian A. Miranda, Executive Director
Issue: Award of Consulting Contract for Feasibility Study for the 10-acre Site at 5100 Allen Drive Executive Director's Recommendation:

That the Housing Authority Board authorize the Executive Director to enter into an agreement with Keyser Marston Associates, Inc. and Citythinkers in the amount of $42,500 for assessing the financial feasibility of the 10-acre site at 5100 Allen Drive, Irwindale, CA, subject to final approval as to form by the Authority Counsel's Office
Administrative Action:

Submitted/Prepared/Reviewed by:

Kambiz Borhani, Finance Director / City Treasurer
Reviewed by:

Adrian R. Guerra, General Counsel
Approved by:

Julian A. Miranda, Executive Director
Background and Analysis:

On March 4, 2024, the City Council was provided with the first in a series of workshops designed to identify the City Council's vision for the development of the 10-acre site on Allen Drive, and subsequently, on June 3, 2024, the second workshop was held to share the results of the Community

Survey conducted by staff, refining the vision for the site, and obtaining further direction from the City Council. Following those workshops, in April 2025, the City released a Request for Information (RFI) for "Housing + Community Development" seeking a consultant to provide strategies to obtain funding sources for developing residential units at the 10-acre site. Only one response was received by the May 1st closing date and the respondent was a firm specializing in acquiring lands to construct rental housing. For the 10-acre site, this firm was in favor of developing 225-250 affordable rental units, which was not in line with the vision for the 10 acres.

Consequently, staff were able to contact Keyser Marston Associates, Inc. (KMA), a consulting firm that had worked with Irwindale before, to discuss the project site and obtain general information. KMA specializes in real estate advisory services with a focus on public-private partnerships, affordable housing policy, land use economics, infrastructure financing and fiscal impact analyses.

The RFI review panel, which consisted of staff from Administration, Community Development, Housing, and Finance, evaluated both companies and pre-qualified KMA to be the consulting firm recommended to the City Council for consideration in the amount of $42,500.

KMA was founded in 1973 and has extensive experience in conducting technical analysis of all economic factors that impact market conditions and community needs and benefits related to development issues. They have served 650+ clients on well over 2500 projects, including some of the most high-profile public/private partnerships in California.

KMA services for the City will include assessing the financial feasibility of a range of residential development scenarios including various housing types and income levels, all while evaluating:
• Potential configurations of single-family and/or townhome developments on the property • Estimated development costs including site preparation and infrastructure • The approximate financing gap associated with each development scenario/income level • The impact of prevailing wages if applicable
• The relative benefits of phasing vs. a single consolidated project KMA has partnered with the urban design and planning firm Citythinkers as a sub-consultant to formulate preliminary development concepts for the property. The profile of Citythinkers and the proposed scope of services is included in the proposal document attached as "Exhibit A." Fiscal Impact:

The Fiscal Year 2025-2026 adopted budget, Acct. No. 12-23-232-42300-0000, includes $50,000 for this study. Therefore, sufficient funding is available, and no additional amount is being requested.

Attachments:

1. Proposal for Assessing Financial Feasibility Study for the 10-Acre Site

2. Professional Services Contract - Keyser Marston (2013849.1)

Keyser Marston Associates, Inc. Page 1
May 28, 2025
25033kal
99900.000.003

PROPOSED SCOPE OF SERVICES

PRELIMINARY FEASIBILITY ANALYSIS
5100 ALLEN DRIVE RESIDENTIAL DEVELOPMENT

IRWINDALE HOUSING AUTHORITY

OBJECTIVE
The Irwindale Housing Authority (Authority) owns a 10-acre portion of the former Manning Pit property located at 5100 Allen Drive (Property). Remediation and filling of the entire pit was completed in 2019, although there is a known slope failure on a small portion of the 10-acre Property. In 2021, the City Council declared the Property as exempt surplus pursuant to the Surplus Land Act (SLA). In 2024, the City Council voted to rezone the entire 10-acre Property to R-2 density (14 units/acre). A six-acre portion of the Property is included in the City’s April 2025 Draft Housing Element Update for moderate income townhome development (36 units on three acres) and above moderate income single-family development (15 units on three acres). The Housing Element is currently under review by the State Department of Housing and Community Development (HCD).

Keyser Marston Associates, Inc. (KMA) understands that the City is seeking a study to assess the financial feasibility of a range of residential development scenarios including various housing types and income levels. In particular, the City is interested in evaluating the following key issues:
• potential configurations of single-family and/or townhome development on the Property • estimated development costs including site preparation and infrastructure • the approximate financing gap associated with each development scenario/income level • the impact of prevailing wages if applicable
• the relative benefits of phasing vs. a single consolidated project In preparing this proposal, KMA has partnered with the urban design and planning firm Citythinkers as a subconsultant to formulate preliminary development concepts for the Property. A profile of Citythinkers is attached to this proposal. The following presents the KMA/Citythinkers proposed scope of services.

SCOPE OF SERVICES
Task #1 - Initiation

1. KMA and Citythinkers will participate in a virtual meeting with the City to review project data, collect and review background materials, and identify any questions or need for additional information.

2. Citythinkers will review applicable land use designations and development regulations governing development of the Property.

Keyser Marston Associates, Inc. Page 2
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3. KMA/Citythinkers will review documentation provided by the City regarding existing property conditions and applicable City zoning for the Property. This will include a discussion of prerequisites for development such as site preparation, grading, and infrastructure costs.

4. Citythinkers will conduct research regarding City overlay zones, development standards, and density programs that may impact the use of the Property.

5. KMA will identify applicable provisions required for disposition of the Property in accordance with the Surplus Land Act (SLA).

Task #2 - Development Concepts

1. KMA will conduct limited market research for potential single-family and/or townhome development on the Property. KMA will identify key factors such as unit size, bedroom mix, and market value for each product type.

2. Citythinkers will formulate illustrative concepts for two (2) residential development scenarios with a mix of site planning configurations, densities, and building types. Citythinkers will estimate the potential development yield in terms of residential units and building square feet (SF) under each scenario.

3. Citythinkers will develop single-line diagram plans of the ground floor, parking configuration, and typical residential floor layout based on the mix of unit types in each scenario.

4. Citythinkers will illustrate a conceptual phasing plan, showing two phases within the initial six-acre portion of the Property and/or a potential third phase on the remaining four-acre portion.

5. KMA/Citythinkers will participate in one (1) virtual meeting with City staff to discuss the alternative development scenarios and phasing approaches for the Property.

Task #3 - Financial Feasibility Analysis

1. KMA will analyze the financial feasibility of the two (2) development concepts. KMA will prepare financial pro forma analyses for each development scenario. Each pro forma model will include estimates of development costs (directs, indirects, and financing), projected sales values, and developer return. Through discussions with City staff and KMA experience on comparable projects, KMA will formulate order-of-magnitude costs for site preparation, grading, and infrastructure. For governmental permits and fees costs, KMA will require that the City provide cost estimates specific to each development scenario. For each development scenario, KMA will analyze sales prices at four income levels: market-rate, moderate income, low income, and very low income. The outcome of

Keyser Marston Associates, Inc. Page 3
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the pro forma analysis will be the residual land value or financing gap for each scenario for the Property, broken out by product type and income level, and expressed on a per-unit basis.

2. KMA will summarize the findings of the feasibility analysis in terms of addressing: (a) whether development of market-rate ownership housing on the Property is likely to be feasible without public subsidy; and (b) whether ownership housing at each of the successive affordability levels (moderate, low, very low) is likely to be feasible, and if not, what level of public subsidy would be required.

3. KMA will provide generalized guidance regarding what types of Authority/developer transaction structures or public funding sources could result in the imposition of prevailing wages during construction. We will identify the potential impact of prevailing wages on construction costs, and the resulting residual land value or financing gap for each scenario.

4. KMA will evaluate the potential benefits of phasing development of the Property vs. a consolidated approach to development. These may include factors such as administrative efficiencies for City staff, uniform master planning for the Property and cost savings from economies of scale, among other considerations.

Task #4 - Presentation

1. KMA/Citythinkers will participate in one (1) virtual meeting with City staff to review the findings of the feasibility analyses and receive feedback.

2. Based on comments from the City, KMA/Citythinkers will prepare a presentation package (Report) summarizing our findings and accompanied by our supporting technical analyses. Our Report will be submitted in two (2) successive versions: Draft and Final.

BUDGET
The budget requirement for the Scope of Services is $42,500, allocated as follows:

Firm Budget
Keyser Marston Associates, Inc. $30,000
Citythinkers $12,500
Total Budget $42,500
We propose to undertake this work program on a time-and-materials basis in accordance with the attached hourly billing rate schedules. The budget is inclusive of all labor hours, reimbursables, and meetings, and includes the following:

Keyser Marston Associates, Inc. Page 4
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• Maximum of two (2) development concepts
• One (1) Draft and one (1) Final version of each work product, in PDF format only • Up to four (4) virtual meetings with City staff
This budget and scope of work excludes:
• In-person meetings
• Public meetings
• Detailed and dimensioned unit plans, floor plans, and elevations • 3D renderings
• Full schematic and landscape designs
• Construction drawings

SCHEDULE
KMA and Citythinkers are prepared to commence work upon contract authorization and receipt of necessary project data. We anticipate completion of a Draft report within 90 calendar days.

This assumes timely coordination with City staff regarding required documents and data such as City plans, Property conditions, and permits and fees.

LIMITING CONDITIONS
In accepting this proposal/contract, the City represents, acknowledges, and agrees that:

1. KMA is not advising or recommending any action be taken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues).

2. KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA’s work product.

3. The City shall discuss any such information and material contained in KMA’s work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material.

KMA Billing Rates Page 1
KEYSER MARSTON ASSOCIATES, INC.

PUBLIC SECTOR HOURLY RATES
2025
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00
SENIOR PRINCIPALS* $295.00
PRINCIPALS* $275.00
MANAGERS* $245.00
SENIOR ASSOCIATES $205.00
ASSOCIATES $185.00
SENIOR ANALYSTS $170.00
ANALYSTS $145.00
TECHNICAL STAFF $105.00
ADMINISTRATIVE STAFF $90.00
Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.

Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.

Citythinkers Schedule of Fees 2024 // page 1
Schedule of Rates (2024)
Position Hourly Rate
Principal $220
Senior Urban Designer $150
Urban Designer $90-$120
Administration/Intern $75
Reimbursable Expenses Billing Schedule Rate Changes
Reimbursable expenses are in
addition to the fees stated
above and will be billed as direct
expense costs. Such expenses
include reprographics, delivery
services, postage, travel,
mileage, and similar expenses.

Mileage will be billed at the
current IRS accepted rate.

Billings will occur at the
conclusion of each phase and
are due and payable within 30
days of the date of invoice. A

1.5% late charge will be added to
all balances past due and will be
increased 1.5% every 30 days
thereafter until the total amount
is paid in full. Citythinkers may
stop work, without penalty, if
any balance is outstanding after
60 days from the date of
invoice.

Client understands and agrees
that Citythinkers has the
discretion to change rates on an
annual basis (July 1st) if they do
not conflict with any wages set
forth by the prime agreement.

Changes outside of July 1st are
subject to a 30 day written
notice to the client.

Any additional work over and
above that described in the
Scope of Work and approved by
the client will be billed at the
hourly rate schedule as
indicated.

KMA Firm Profile Page 1
Keyser Marston Associates, Inc. (KMA) is a full-service real estate advisory firm with offices in San Diego, Los Angeles, and Berkeley. For over five decades, KMA has served public sector clients from nearly every major municipality in California as well as housing authorities, transit districts, counties, special districts, port authorities, and colleges and universities.

KMA has extensive experience delivering comprehensive and cost-effective solutions in the major service areas of:
 Real Estate Advisory
 Land Use Economics
 Affordable Housing Transactions and Policy
 Economic Development
 Fiscal and Economic Impacts
 Infrastructure Financing Districts
KMA has an extensive track record providing public agency clients with a wide range of integrated services which help them to make informed, strategic, market-based decisions. Our objective is to provide decision-makers with sound advice supported by strong technical analysis of all economic factors that impact success, including market conditions, financial investment requirements, community needs and benefits, and development issues.

A hallmark of KMA’s success is the depth of knowledge, continuity, and availability of our principals, who have an average of more than 25 years of practical experience working on complex real estate economic issues. Seasoned managers and associates also contribute their specialized knowledge to every assignment. The longevity of our client relationships throughout the State attests to the quality and responsiveness of KMA’s work. To learn more about our services and experience, please visit www.keysermarston.com

Citythinkers is an integrated and multi-disciplinary planning, urban design and research-based firm whose central mission is to build a better city.

With thoughtful care and attention, we devote our energy, talents and passion to the communities that support us. We direct our best efforts toward achieving a quality built environment for people, and believe (above all) in making great places. We do this through research, by talking with the community, and with a passion for design that serves a public good.

Based in San Diego, California and with 25 years of experience in the fields of planning, housing, and design, the firm’s work ranges in scale and scope from General Plans to Community Plans, Master Plans, Zoning Codes, Streetscape Design, Design Guidelines, Housing Design, and Community Outreach. Our research and design expertise in urban, infill housing and mixed-use informs the planning practice and enriches each planning project with “real world true testing” of bold ideas and visionary thinking

FIRM PROFILE
Firm Size: <$1,000,000 revenue
Location: 3812 Park Blvd. #503
San Diego, CA 92103
Firm Contact: Diego Velasco, President
619.602.1699 [email protected]
# of years in business: 5 years
# of staff: 3 (1 principal, 2 urban designers)
Certified City of San Diego Emerging Local

CORE SERVICES
• Affordable Housing Design
• Prototyping & Site Feasibility
• Urban Design & Objective Design Standards
• Policy & Land Use Planning
• 3D Visualizations & Renderings
• Community Outreach & Engagement
• Community Resilience Planning
City Heights Place & Plaza del Sol
135 units of affordable family housing in San
Diego, CA
Development Vitalization Strategy for City of Fresno
Principal-in-Charge; Urban Design, Illustrations, Site Testing Contact: Sophia Pagoulatos: 559-621-8062;
Community Resilience Plan for Imperial Beach
Principal-in-Charge of Urban Design, Community Outreach Contact: Meagan Openshaw: 619-628-2381:

University Community Plan Update
Urban Design Concept for UTC area of University

SELECTED RELEVANT EXPERIENCE
Community Plan for City of San Diego
Principal-in-Charge; Project Lead of Urban Design, Site Testing Contact: Nancy Graham: 619-236-6891;
Design of 135 units of Affordable Housing Development in San Diego
Principal-in-Charge; Project Lead of Design with Smithton Architects as Architect of Record
Kings Canyon Corridor TOD Connectivity Study
Hillcrest LGBTQ+ Cultural District Plan City of San Diego Principal-in-Charge; Urban Design, Illustrations, Site Testing Contact: Shannon Mulderig: 619-533-3662;
[email protected] Hillcrest LGBTQ+ Cultural District Plan Cultural Asset Mapping, Outreach, and District Plan
Imperial Beach Community Resilience Plan
University Community Plan Update
City Heights Place and Plaza del Sol

AGREEMENT FOR CONTRACT SERVICES
By and Between

IRWINDALE HOUSING AUTHORITY OF THE CITY OF IRWINDALE,
KEYSER MARSTON ASSOCIATES, INC., and

CITYTHINKERS URBAN DESIGN & PLANNING

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AGREEMENT FOR CONTRACT SERVICES BY AND BETWEEN

IRWINDALE HOUSING AUTHORITY OF THE CITY OF IRWINDALE,
KEYSER MARSTON ASSOCIATES, INC., AND CITYTHINKERS URBAN DESIGN

AND PLANNING
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 25th day of June, 2025 by and between the IRWINDALE HOUSING AUTHORITY OF THE CITY OF IRWINDALE, a California Charter city and municipal corporation (“City”), KEYSER MARSTON ASSOCIATES, INC., a California corporation (“KMA” or "), CITYTHINKERS URBAN DESIGN AND PLANNING (“Citythinkers”) (KMA and Citythinkers shall collectively hereinafter be referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Information, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.

C. Pursuant to the City of Irwindale’s Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
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:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

KMA has partnered with Citythinkers as a subconsultant/subcontractor to perform the scope of services under this Agreement. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and

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facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended.

For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Service shall include Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees and Assessments.

Consultant 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 this Agreement. Consultant 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 Consultant’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, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services 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, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

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1.6 Care of Work.

Consultant shall adopt reasonable methods 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 may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.

1.8 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 Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 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.