CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 7 • Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)). • A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).
• If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).
• This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603). • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.
• Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).
• Issue a Purchase Order to the selected CMAS contractor. • For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.
Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.
AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.
It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.
CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Special Provisions, Conflict of Interest, for more information.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 8
SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.
This provision does not apply to local government agencies.
ORDERING PROCEDURES
1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:
Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.
FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:
Local government agencies may use their own purchase order document for purchase execution.
The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.
The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.
2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 9
3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:
• All CMAS must be for the same CMAS contractor.
• The purchase order must go to one contractor location. • Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code. • For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division. • The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.
• Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.
4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.
SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:
Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments.
Amendments unique to Non-IT Services:
If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 10
CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 1784260 expires on 01/31/2027.
If this certification has expired, the current expiration date should be verified at Cal eProcure. The OSDS contact information can be found on the OSDS website. Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.
SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.
CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.
In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.
SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.
SMALL BUSINESS/DVBE - SUBCONTRACTING
1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE.
2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 11 iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.
3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.
CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.
WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:
1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.
2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.
PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.
The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 12
NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.
SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.
TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.
Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes.
STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.
Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.
ACCEPTANCE TESTING CRITERIA
If the agency wants to include acceptance testing for all newly installed technology systems, individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 13
ELECTRONIC WASTE RECYCLING
State agencies are required to recycle state owned surplus electronic equipment that has no useful life remaining (E-Waste) to the maximum extent possible. State agencies shall dispose of E-Waste using the services of the California Prison Industry Authority (CALPIA), unless the agency meets the pickup quantity and location exemption criteria detailed in SAM 3520.10. Electronic equipment that is usable and still retains value is not considered E-Waste and must be reutilized through DGS, Office of Fleet and Asset Management (OFAM) Surplus Personal Property Warehouse.
State agencies shall determine which equipment meets the definition of E-Waste or reusable Electronic Equipment per the definitions provided in the SAM Management Memo (MM) 17-06.
OFAM will validate that equipment meets the appropriate definition when reviewing the submitted Property Survey Report (Standard 152).
The electronic waste recycling fee must be shown as a line item on the agency purchase order before the CMAS contractor can include it on their invoice.
See SAM 3520.10 for more information on this policy.
Information for submitting a Standard 152 can be found on the DGS OFAM surplus property website.
Information on the E-Waste - CALPIA Store and the E-Waste Exemption Request Form EWRF400 can be found at the CALPIA website.
PRODUCTIVE USE REQUIREMENTS
The customer in-use requirement applies to all procurements of information technology equipment and software, per Statewide Information Management Manual Section 195.
Each equipment or software component must be in current operation for a paying customer and the paying customer must be external to the contractor’s organization (not owned by the contractor and not owning the contractor).
To substantiate compliance with the Productive Use Requirements, the CMAS contractor must provide upon request the name and address of a customer installation and the name and telephone number of a contact person.
The elapsed time such equipment or software must have been in operation is based upon the importance of the equipment or software for system operation and its cost. The following designates product categories and the required period of time for equipment or software operation prior to approval of the replacement item on CMAS.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 14 Category 1 - Critical Software: Critical software is software that is required to control the overall operation of a computer system or peripheral equipment. Included in this category are operating systems, data base management systems, language interpreters, assemblers and compilers, communications software, and other essential system software.
Cost Installation Final Bid Submission
More than $100,000 8 months 6 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
Category 2 - All Information Technology Equipment and Non-Critical Software: Information technology equipment is defined in SAM 4819.2.
Cost Installation Final Bid Submission
More than $100,000 6 months 4 months
$10,000 up to $100,000 4 months 3 months
Less than $10,000 1 month 1 month
PRODUCT INSTALLATION
The CMAS contractor is fully responsible for all installation services performed under the CMAS.
Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications.
The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project.
PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.
Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.
Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.
The bond amount for public works is not less than 100% of the purchase order price.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 15 NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).
Bonds: For guidelines, see CMAS, Special Provisions, Public Works Requirements.
State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.
The CMAS contractor’s California Contractor's License number is 744332. This is a Class C-7 - Low Voltage Systems, B - General Building, and C10 - Electrical license that is valid through 01/31/2026.
Cable and Wire: Cable and wire products that are purchased under this CMAS must be for information technology projects only (computers, telecommunications, and security systems) and cannot be used for general purpose installations.
Purchase orders for cable and wire installation services only are prohibited.
Cable and wire installations under this CMAS must be installed and tested to EIA/TIA Standards.
Agency questions regarding the purchase and/or installation of cable and wire for computers and/or telecommunications may be directed to the California Department of Technology, Statewide Telecommunications and Network Division.
NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.
CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.
Agency and CMAS contractor use of the NSP provision is subject to the following requirements:
1. Purchase orders containing only NSP items are prohibited.
2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 16
3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base schedule may not be identified as an NSP item.
4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.
5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.
6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.
7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
The following NSP items are specifically excluded from any order issued under this CMAS:
1. Items not intended for use in direct support of the priced items included in the same order.
An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base schedule, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base schedule, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.
2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.
3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.
4. Any other item or class of items specifically excluded from the scope of this CMAS.
5. Public Works and other services NOT in support of the products covered by this CMAS.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 17
6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.
7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.
The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.
STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.
PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.
PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.
SELF-DELETING BASE SCHEDULE TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base schedule and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).
Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.
Federal blanket orders and small order procedures are not applicable.
ORDER OF PRECEDENCE
The CMAS Special Provisions take precedence if there is a conflict between the terms and conditions of the contractor's base schedule, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Special Provisions, CONFLICT OF TERMS).
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 18
APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.
PAYMENTS AND INVOICES
This CMAS contains prompt payment discounts. See the base schedule for the specific discount percentage.
1. Payment Terms
Payment terms for this CMAS are net 45 days.
Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.
2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record.
3. DGS Administrative and Incentive Fees
Orders from State Agencies:
DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.
Orders from Local Government Agencies:
CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.
The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.
For more information on the incentive fees see the CMAS Management Guide.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 19
4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:
• CMAS number
• Agency purchase order number
• Agency Bill Code (State Only)
• Line item number
• Unit price
• Extended line item price
• Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.
The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.
5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).
It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.
Software warranty upgrades and extensions may also be paid for in advance, one time.
6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).
7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 20
8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).
For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.
The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.
10.Maintenance Tax
The California Department of Tax and Fee Administration has ruled that in accordance with Section 1546 of the Sales and Use Tax Regulations of the Business Taxes Law Guide, whenever optional maintenance contracts include consumable supplies, such supplies are subject to sales tax.
Generally, the State has two options:
1. For agreements that provide for only maintenance services (i.e., the furnishing of labor and parts necessary to maintain equipment), the charges for the provision of maintenance services are not taxable.
2. For agreements that provide for both maintenance services and consumable supply items (e.g., toner, developer, staples), the provision of the consumable supplies is considered a taxable sale of tangible personal property. Therefore, State agencies awarding optional maintenance contracts are responsible for paying the applicable sales tax on the consumable supplies used during the performance period of the maintenance contract.
The Contractor will be required to itemize the taxable consumables for State accounting purposes.
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
IRELAND SOUND SYSTEMS, INC.
CMAS NUMBER 3-25-08-1028
December 18, 2024 Ordering Instructions and Special Provisions 21
OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS Special Provisions conditions and base schedule are available on the front page of this CMAS agreement.
It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base schedule rates. To streamline verification that the needed items are in the base schedule, the agencies should ask the CMAS contractor to identify the specific location in the base schedule that include the required products, services, and prices.
Once verified, agencies should save the information for their file documentation.
FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.
AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website.
01005.0001 2062160.2 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND
IRELAND SOUND SYSTEMS, INC.
OF THE
AQUATICS AUDIO & VIDEO SYSTEM INSTALLATION
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this xx day of November 2025, by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (“City”) and IRELAND SOUND SYSTEMS, INC., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF 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. California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable l
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.
01005.0001 2062160.2 -2-
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant 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 contract amount of One Hundred Fifty-One Thousand Fifty Dollars and Fifty-Five Cents ($151,050.55) (“Contract Sum”).
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 subcategory), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant 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
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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.
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 one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Patrick Ireland, 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.
4.4 Independent Consultant. 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
01005.0001 2062160.2 -4-
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.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least five (5)consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for
01005.0001 2062160.2 -5-
each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.2 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, 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, 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, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
5.4 Performance Bond. Concurrently with execution of this Agreement, Consultant shall deliver to City a performance bond in the sum of the amount of this Agreement,
01005.0001 2062160.2 -6-
in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Consultant promptly and faithfully performs all terms and conditions 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.
(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
01005.0001 2062160.2 -7-
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.
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
01005.0001 2062160.2 -8-
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 non-terminating 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, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement.
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
01005.0001 2062160.2 -9-
writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.9 Counterparts and Electronic Signatures. 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. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the California Uniform Electronic Transactions Act and any other applicable law, including, without
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limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
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.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:
Laura Nieto, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
IRELAND SOUND SYSTEMS, INC.
By:
Name:
Title:
By:
Name:
Title:
Address: 1761 E. Washington, Pasadena, CA
91104
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01005.0001 2062160.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001 2062160.2
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
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NUMBER OF PAGES
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DATE OF DOCUMENT
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SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001 2062160.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
AUDIO & VIDEO SYSTEM INSTALLATION (Proposal PR-1381 – $57,072.35 total) Hardware:
Item: Description QTY
Video Equipment
Christie 171-031105-02 Christie High-brightness 9600-Lumen WUXGA Laser DLP Projector 1 Christie 104-135101-01 Christie HD Projection Zoom Lens 1 Elite Screens ELT-1610-226ODCUST 226" outoor rated rear-projection electric roll-down screen 1 Tascam BD-MP1 Professional-grade blu-ray player with SD & USB playback 1 Crestron TS-770R-W Wall-mounted touchscreen interface for video system operation 1 Crestron RMC4 Controller for Touchscreen Control Panel 1 Crestron HD-TX-101-C-1G-E-W-T Video trasmitter to projector 1 Crestron HD-RXC-4KZ-101 Control for routing from multiple video sources 1 Audio Equipment
Yamaha XMV4280 Multi-zone audio amplifier to power distributed speaker zones throughout facility 1 Wiim Pro Streaming music player with Wi-Fi, Google Cast, Apple AirPlay, and Bluetooth 1 Renkus-Heinz TX121WR Outdoor rated surface-mounted speakers for pool deck and exterior use 2 Renkus-Heinz UBRKT/CT151B Renkus-Heinz TX121WR speaker brackets 2 Renkus-Heinz Tx81-WR Outdoor rated pole-mounted speakers for pool deck and exterior use 4 Renkus-Heinz UBRKT/CT62-81B Renkus-Heinz Tx81-WR speaker brackets 4 AtlasIED SM42TEN-B 2-Way All Weather Speaker with 16-Watt 2 Shure QLXD2/B58-G50 Digital handheld wireless microphone transmitter 1 Shure QLXD4-G50 Digital wireless receiver with high-contrast LCD 1 Biamp TesiraFORTE AI Digital audio processor with 12 analog inputs and 8 analog outputs 1 Biamp Apprimo TEC-x 2000 Black Wall-mounted touchscreen interface for audio volume and source seletion 1 Middle Atlantic SRSR-X-12 19” floor-standing equipment rack with cable management 1 Labor, Materials, and Programming
Zone 1 - Pool Deck (Main Zone)
• Speaker Upgrade & Expansion:
o Remove existing speakers on the light poles and replace them with new RenkusHeinz TX81-WR and TX121-WR weather-resistant loudspeakers
01005.0001 2062160.2
o Two additional TX81-WR speakers will be added at the pool's surrounding poles to improve audio uniformity across the pool deck and aquatic lanes. All speakers will be mounted using corrosion-resistant Renkus-Heinz U-Brackets (CT62- 81B/CT151B) and aimed precisely for optimal intelligibility and coverage. • Projection & Visual System
o Install a Christie DWU960-iS laser projector and a Elite Screens outdoor-rated 226" rear-projection screen mounted to the crossbeam, visible from both the pool and pool deck.
o The system will support community events, presentations, and video playback directly from the Tascam BD-MP1 Blu-ray player and WiiM Pro network streamer, controlled via Crestron automation.
• Amplification, Processing & Control:
o Deploy a Biamp TesiraFORTE Al DSP for digital audio processing, integrated with a Yamaha XMV4280 amplifier for distributed 70V output. The system will feature a Crestron RMC4 control processor and TS-770R touch panel, paired with a Biamp Apprimo TEC-X 2000 wall controller for local volume and source selection.
o Video routing will utilize Crestron DM Lite TX/RX extenders for signal transport between the rack and projector.
• Rack & Infrastructure:
o All equipment will be securely mounted in a Middle Atlantic SRSR-X-12 pull-out rack, installed in a ventilated, protected location for easy service access. o Wiring, terminations, labeling, and DSP programming will be performed to industry best practices, with final equalization and tuning for intelligibility and balanced coverage.
Zone 2- Locker Room/ Restroom Facility
• Remove and replace existing speakers with new weather-rated loudspeakers. • Extend zone audio from the main DSP for ambient background music and paging. • Tune and balance the zone to appropriate levels for an indoor, reverberant environment System Commissioning & Handoff:
• Complete DSP programming, Crestron automation, and user interface setup. • Conduct system testing, alignment, and final commissioning for both audio and video. • Provide end-user orientation and operational training upon completion. • Deliver as-built documentation, equipment inventory, and warranty information.
Warranty & Support:
• 1-Vear workmanship warranty on installation and labor. • Manufacturer warranties apply per individual product. • Ongoing service support available through Ireland Sound Systems.
01005.0001 2062160.2
Notes:
• ISS CMAS #: 3-25-08-1028
• All labor costs are based on current prevailing wage standards. • All pricing is compliant with, and is available at GSA Advantage.
II. Consultant represents and warrants that it has inspected or inquired into the City’s current infrastructure, equipment, computer system and software and that the Access Control & Surveillance System provided by Consultant under this Agreement is compatible and shall be fully functional with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as material consideration in entering into this Agreement.
01005.0001 2062160.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 1.1, Scope of Services, is amended as provided herein “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. Consultant further represents that the Audio and Video Systems provided under this Agreement will be compatible and fully functional with the City’s existing infrastructure, equipment, computer system, and software, as further detailed in Exhibit “A”.”
C-1
01005.0001 2062160.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed $151,090.55, as provided in Section 2.1 of this Agreement.
D-1
01005.0001 2062160.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant to provide City with the schedule of performance upon conclusion of the project kickoff meeting.
II. Unless earlier terminated in accordance with Section 7 of this Agreement, this Agreement shall continue in full force and effect for a period not exceeding one (1) year from the date hereof.
III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.
Item #17.M.
Date: November 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Adoption of the City of Irwindale Public Library Collection Development Policy City Manager's Recommendation:
Adopt Resolution No. 2025-106-3694, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADOPTING THE CITY OF IRWINDALE PUBLIC LIBRARY COLLECTION DEVELOPMENT POLICY;" reading by title only and waiving further reading thereof.
Administrative Action:
Submitted by:
Theresa Olivares, Assistant City Manager
Prepared by:
Shayna Balli, City Librarian
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 is committed to governing the selection of materials included in the library collection. The attached City of Irwindale Public Library Collection Development Policy is intended to provide the community and library staff documentation which informs and supports the development of the library collection. The attached Policy includes the specific language required under the California Freedom to Read Act (AB 1825).
Fiscal Impact:
There is no fiscal impact related to this agenda item.
Attachments:
1. Resolution No. 2025-106-3694
2. Attachment "A": Collection Development Policy
RESOLUTION NO. 2025-106-3694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
ADOPTING THE CITY OF IRWINDALE PUBLIC LIBRARY COLLECTION
DEVELOPMENT POLICY
WHEREAS, the City of Irwindale is committed to governing the selection of materials included in the library collection; and
WHEREAS, in September 2024, California passed the California Freedom to Read Act (AB 1825) which requires specific language to be used in a library’s collection development policy; and
WHEREAS, a formal Collection Development Policy informs members of the public and staff documentation which informs and supports the development of the library collection.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.
SECTION 2. The City of Irwindale Public Library Collection and Development Policy as Exhibit ”A” is hereby approved.
SECTION 3. If any section, subsection, sentence, clause, phase, 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. This Resolution shall take effect immediately and the Chief Deputy City Clerk shall attest to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 12th day of November 2025. .
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Larry G. Burrola, Mayor
Resolution No. 2025-106-3694
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. 2025-106-3694 duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of November 2025, by the following vote:
YES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
City of Irwindale
Irwindale Public Library
Collection Development
Policy
Draft: November 5, 2025
2 MISSION STATEMENT
To provide access to ideas, knowledge, and intellectual resources in various formats that satisfy the educational and recreational needs of the community; to develop and provide services for the community with an awareness of the differing needs of different people and to be a lifelong learning center for all customers, patrons, or the community.
PURPOSE
The Collection Development Policy (“Policy”) reflects the mission of the Irwindale Public Library (“Library”) and serves as a guide for staff in regard to collection development, management, and material selection. The Policy also serves to inform the public about the Library’s collection and the principles that govern the selection process.
The Irwindale Public Library promotes equitable access by following the guidelines set forth by the American Library Association’s "Library Bill of Rights," “Freedom to Read," and “Freedom to View,” as outlined in the Appendix section. Further, the California Freedom to Read Act, AB 1825, passing in 2024, requires the following statements to be included in public library collection development policies:
1. The collection meets the broad and diverse interests of the community and respects both the library’s autonomy and their specific community needs.
2. The public library serves as a center for voluntary inquiry and the dissemination of information and ideas.
3. Library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in the collection as a whole.
4. The right of the public to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences is acknowledged.
The Library will continuously work to provide a current and relevant collection of materials and resources that anticipate and meet the needs of its community.
RESPONSIBILITY FOR SELECTION AND COLLECTION MAINTENANCE Selection and collection maintenance of Library materials is delegated to qualified Library staff, under the authority and at the discretion of the City Librarian. All staff members and the City of Irwindale community are encouraged to recommend materials for consideration.
SELECTION CRITERIA
All materials, whether purchased or donated, are considered in terms of the criteria listed below. An item need not meet all these standards in order to be added to the collection.
• Popular interest or demand
• Contemporary significance
3 • Currency of information
• Authority
• Comprehensiveness and accuracy
• Local emphasis
• Readability and style
• Objectivity
• Creative, literary, or technical quality
• Representation of diverse points of view
• Sustained interest
• Relevance and use of information
• Relationship to other materials and adequacy of coverage in subject area • Significance of item within subject area
• Professional reviews from a variety of sources
• Relationship to materials in other area libraries
• Requests from the public
• Cost and availability
• Physical appearance and condition
• Space limitations
In congruence with our support of equitable access, all Library cardholders have the right to access all materials in the Library. Parents and legal guardians have the responsibility to monitor the use of library materials by their children.
SCOPE OF COLLECTION
The Library maintains a varied and current collection covering a wide range of subjects, points of view and formats. The Library's collections are dynamic, with an emphasis on up-to-date and in-demand materials. The primary responsibility of the Library is to serve its community by providing a broad choice of materials that includes, but not limited to, books, magazines and newspapers, audiobooks, DVDs, eBooks, electronic databases, and downloadable audiobooks to meet informational, educational, and recreational needs.
Collections are developed in response to current use patterns, community needs, budgetary and space constraints, evolving technology, and the Library's mission.
The collection embraces broad fields of knowledge with basic, representative works in most subject areas, emphasizing materials that are useful for the public.
Textbooks and materials of a highly technical or specialized nature of limited community interest are generally not part of the collection.
Collections in languages other than English will be guided by needs of significant population groups living within the City of Irwindale. Access to other specialized and comprehensive collections that exist elsewhere in the state of California may be provided through interlibrary loan.
4 SUGGESTIONS FOR PURCHASE
Recommending a title for our collections enables the Library users to request that the Library purchase a particular item, title, or subject. These suggestions are used to help the Library develop collections which serve the interests and needs of the community. Suggested items are not automatically added to the collection, and all suggestions for purchase are subject to the same criteria as other materials. Budget and space constraints may also apply.
COLLECTION MAINTENANCE
The CREW Method, Continuous Review, Evaluation, and Weeding, is used to maintain a current, useful, and dynamic collection that makes the best use of floor and shelf space. At the same time, it also assesses the collection's strengths and weaknesses. The CREW Method recommends removal of an item if it fits one or more of the following conditions:
• Misleading or factually inaccurate
• Worn and torn or in disrepair
• Superseded by a newer edition
• Trivial or of no real discernable value
• Irrelevant to the needs and interests of the community • Available elsewhere or in a different format
REPLACEMENT
Replacement of damaged, missing, and withdrawn materials is not automatic. The decision to replace is determined by the selection criteria listed in this Policy.
GIFTS
The Library reserves the right to accept or discard, at its discretion, any donated materials.
REQUEST FOR RECONSIDERATION OF LIBRARY MATERIALS
The Library welcomes feedback from Irwindale Residents (“Residents”) about Library resources. Residents have the right to express their concerns about Library materials.
Residents who have a concern about Library material may bring that concern to the City Librarian. If the concern cannot be fully resolved through that conversation, the customer can collect a Request for Review of Library Material form, in person, at the Library. Once the customer returns the completed form, a reevaluation of the material is completed by the City Librarian. Customers who provide their contact information on the form will receive a formal response as to the outcome of that reevaluation from the City Librarian. Items will remain in circulation during the reevaluation process. Only one request per patron will be considered at a time.
Once a title has been considered, it will not be reviewed again for a period of two (2) years.
5 ATTACHMENTS
APPENDIX A American Library Association’s Bill of Rights APPENDIX B The Freedom to Read Statement
APPENDIX C Freedom to View Statement
APPENDIX D Request for Review of Library Materials
6 APPENDIX A
American Library Association’s Bill of Rights
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.
I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.
VII. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality in their library use. Libraries should advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information.
7 APPENDIX B
The Freedom to Read Statement
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label "controversial" views, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to counter threats to safety or national security, as well as to avoid the subversion of politics and the corruption of morals. We, as individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to assert the public interest in the preservation of the freedom to read.
Most attempts at suppression rest on a denial of the fundamental premise of democracy: that the ordinary individual, by exercising critical judgment, will select the good and reject the bad. We trust Americans to recognize propaganda and misinformation, and to make their own decisions about what they read and believe. We do not believe they are prepared to sacrifice their heritage of a free press in order to be "protected" against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression.
These efforts at suppression are related to a larger pattern of pressures being brought against education, the press, art and images, films, broadcast media, and the Internet. The problem is not only one of actual censorship.
The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy or unwelcome scrutiny by government officials.
Such pressure toward conformity is perhaps natural to a time of accelerated change. And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with controversy and difference.
Now as always in our history, reading is among our greatest freedoms. The freedom to read and write is almost the only means for making generally available ideas or manners of expression that can initially command only a small audience. The written word is the natural medium for the new idea and the untried voice from which come the original contributions to social growth.
It is essential to the extended discussion that serious thought requires, and to the accumulation of knowledge and ideas into organized collections.
8 We believe that free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures toward conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings.
The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.
We therefore affirm these propositions:
1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those that are unorthodox, unpopular, or considered dangerous by the majority.
Creative thought is by definition new, and what is new is different. The bearer of every new thought is a rebel until that idea is refined and tested.
Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept that challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it.
2. Publishers, librarians, and booksellers do not need to endorse every idea or presentation they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what should be published or circulated.
Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read and consider a broader range of ideas than those that may be held by any single librarian or publisher or government or church. It is wrong that what one can read should be confined to what another thinks proper.
9 3. It is contrary to the public interest for publishers or librarians to bar access to writings on the basis of the personal history or political affiliations of the author.
No art or literature can flourish if it is to be measured by the political views or private lives of its creators. No society of free people can flourish that draws up lists of writers to whom it will not listen, whatever they may have to say.
4. There is no place in our society for efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression.
To some, much of modern expression is shocking. But is not much of life itself shocking? We cut off literature at the source if we prevent writers from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experiences in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. These are affirmative responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters values differ, and values cannot be legislated; nor can machinery be devised that will suit the demands of one group without limiting the freedom of others.
5. It is not in the public interest to force a reader to accept the prejudgment of a label characterizing any expression or its author as subversive or dangerous.
The ideal of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for others. It presupposes that individuals must be directed in making up their minds about the ideas they examine. But Americans do not need others to do their thinking for them.
6. It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large; and by the government whenever it seeks to reduce or deny public access to public information.
It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society individuals are free to determine for themselves what they wish to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into
10 its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive. Further, democratic societies are more safe, free, and creative when the free flow of public information is not restricted by governmental prerogative or self-censorship.
7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, they can demonstrate that the answer to a "bad" book is a good one, the answer to a "bad" idea is a good one.
The freedom to read is of little consequence when the reader cannot obtain matter fit for that reader's purpose. What is needed is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channel by which the intellectual inheritance is handed down, and the principal means of its testing and growth. The defense of the freedom to read requires of all publishers and librarians the utmost of their faculties, and deserves of all Americans the fullest of their support.
We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of the written word. We do so because we believe that it is possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.
11 APPENDIX C
Freedom to View Statement
The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read, is protected by the First Amendment to the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression. Therefore these principles are affirmed:
1. To provide the broadest access to film, video, and other audiovisual materials because they are a means for the communication of ideas. Liberty of circulation is essential to insure the constitutional guarantee of freedom of expression.
2. To protect the confidentiality of all individuals and institutions using film, video, and other audiovisual materials.
3. To provide film, video, and other audiovisual materials which represent a diversity of views and expression. Selection of a work does not constitute or imply agreement with or approval of the content.
4. To provide a diversity of viewpoints without the constraint of labeling or prejudging film, video, or other audiovisual materials on the basis of the moral, religious, or political beliefs of the producer or filmmaker or on the basis of controversial content.
5. To contest vigorously, by all lawful means, every encroachment upon the public's freedom to view.
12 APPENDIX D
Request For Review of Library Materials
Irwindale Public Library
Contact Information
Name _____________________________________________Date_______________ Address______________________________________________________________ City_________________________ State____ Zip________ Phone_______________ Email address___________________________
Type of Resource
Books Magazine/Newspaper DVD Audiobook
Electronic Database Other
Title___________________________________________________________________ Author/Producer________________________Publisher__________________________ Publication Date/Edition _________________Call number, if applicable____________ Please briefly answer the following questions about the material you are requesting for review.
What brought this title to your attention?
Did you read, view, or listen to the entire work or just a portion of the work? All Part Have you seen or heard reviews of this material?
Please describe your concerns regarding this material.
What specific pages or sections are examples of your concerns? What action are your requesting?
What resource(s) would you suggest to provide additional information on this topic? Please use the back of this form if additional space is needed.
13 Thank you for taking the time to complete this form. Your Request for Review will be given careful consideration and a response will be provided.
______________________________________________
Signature and Date
Item #17.N.
Date: November 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approve the Purchase of Two (2) Electric Vehicle Direct Current Fast Dual Ports Chargers for the Irwindale Civic Center Parking Area and Related Budget Amendment of $150,000 for the Purchase
City Manager's Recommendation:
That the City Council (1) authorize the City Manager to enter into a purchase agreement with Blink Charging for the purchase of two (2) EV Direct Current Fast Dual Ports Chargers; and (2) adopt Resolution No. 2025-105-3693 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT BY APPROPRIATING $150,000.00 FROM THE GENERAL FUND RESERVES FOR THE PURCHASE OF TWO (2) ELECTRIC VEHICLE DIRECT CURRENT FAST DUAL PORTS CHARGERS FOR THE IRWINDALE CIVIC CENTER PARKING AREA.” Administrative Action:
Submitted by:
Eddie Chan, Director of Engineering/Building Official
Prepared by:
Luis Pimentel, Associate Engineer
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
In September 2024, City staff submitted a rebate application to Southern California Edison (SCE) under the Direct Current Fast Charging (DCFC) Program, which was subsequently approved by SCE. On July 23, 2025, the City entered into an agreement with SCE to participate in the DCFC Program. Through this program, the City was authorized to proceed with the purchase of electric vehicle (EV) chargers and is eligible to receive a rebate of up to $101,888 for the purchase, provided the equipment is procured from SCE’s list of approved vendors.
City staff reached out to multiple vendors on the SCE eligible list of vendors and received responsive quotes from 3 vendors. The quotes are ranked as follows:
Vendor Quote Rank
Blink Charging $135,170.70 1
Chargetronix (EV Range) $154,862.66 2
Lynkwell $166,730.55 3
Based on the quotes received, the staff recommends purchasing the EV chargers from Blink Charging in the amount of $135,170.70, as they were the lowest and most responsive bidder for these items.
Staff also recommends appropriating $150,000 from the General Fund Reserves and transferring it to Capital Improvement Program (CIP) Project No. 8245 – Civic Center Exterior Improvements Project to fund the purchase of the EV chargers. Any remaining balance after the purchase will be used to address unforeseen issues related to the installation of the equipment.
Fiscal Impact:
The DCFC Program operates as a reimbursement rebate program, requiring the City to first purchase the EV chargers and then submit for reimbursement from SCE. Adopting Resolution No. 2025-105-3693 authorizes the Finance Director to amend the FY 2025-2026 adopted budget by appropriating $150,000 from General Fund Reserves and transferring it to Capital Improvements Program (CIP) Project No. 8245 (Civic Center – Exterior Improvements Project). Upon completion of the purchase, the City will submit the required documentation to SCE to receive the $101,888 rebate.
Attachments:
1. Resolution No. 2025-105-3693
2. Blink Quote - 10_23_2025
Resolution No. 2025-105-3693
RESOLUTION NO. 2025-105-3693
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A BUDGET AMENDMENT BY APPROPRIATING $150,000.00 FROM THE GENERAL FUND RESERVES FOR THE PURCHASE OF TWO (2) ELECTRIC
VEHICLE DIRECT CURRENT FAST DUAL PORTS CHARGERS FOR THE
IRWINDALE CIVIC CENTER PARKING AREA
WHEREAS, the City of Irwindale applied for the Direct Current Fast Charging (DCFC) Program through Southern California Edison (SCE) to purchase electric vehicle (EV) chargers for the Irwindale Civic Center Parking Area.; and WHEREAS, due to the addition of the Irwindale Library and the Civic Center Exterior Improvements Project, it is required to install EV chargers per code; and WHEREAS, through the SCE DCFC program, the city was approved to move forward with the purchase of EV chargers and be reimbursed for the purchase as long as it is through SCE’s approved list of vendors; and
WHEREAS, city staff reached out to multiple vendors on the eligible list and received responsive quotes from 3 vendors; and
WHEREAS, Blink Charging was the lowest and most responsive bidder for these EV chargers in the amount of $135,170.70; and
WHEREAS, $150,000 will need to be appropriated from the General Fund Reserves to cover the purchase of these chargers while the City submits and receives reimbursement from SCE in the amount of $101,888 for this purchase.
NOW, THEREFORE, the City Council of the City of Irwindale, California, does hereby resolve as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 4. The City Council hereby approves a budget amendment by appropriating $150,000.00 from the General Fund Reserves to be transferred to the Capital Projects Fund for the Civic Center Exterior Improvements Project (CIP Project No. 8245) and submit the required documentation to SCE to receive the $101,888 rebate.
Resolution No. 2025-105-3693
PASSED, APPROVED and ADOPTED this 12th day of November 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, MMC, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2025-105-3693 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 12th day of November 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Customer Details
Contact Name: Luis Pimentel
Phone: +16264302259
Account Name: City of Irwindale
Email: [email protected]
Billing and Shipping
Bill to Name: City of Irwindale
Bill to Address: , Norwalk, California, United States
Ship to Name: City of Irwindale
Ship to Address: , Norwalk, California, United States
Your EV Charging Industry Expert
Prepared by: Cole Millerd
Phone:
Email: [email protected]
5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Quote Details
Quote Name: OPP-145842: City of Irwindale - City of IrwindaleQuote Number: Q-71092 Created Date: 10-22-2025
Reference
Total Price: $135,170.70
Product Name
Qty List Price Discount Net Price Subtotal
BLNK - CTX 180KW STANDALONE
DCFC - CCS1/CCS1
2 $77,499.00 35.00% $50,374.35 $100,748.70
WARRANTY -EXTENDED - (PARTS
AND LABOR) - 180KW - 5 YEARS
- EVStar
2 $13,990.00 10.00% $12,591.00 $25,182.00
NETWORK SERVICE - PUBLIC - 5
YEARS
2 $4,320.00 0.00% $4,320.00 $8,640.00
FREIGHT 1 $600.00 0.00% $600.00 $600.00
5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Estimated Grand Total: $135,170.70
*Please Note: Shipping and Handling is an estimate. The actual lead time starts when the client approves the order acknowledgment and provides a ship date. Final cost will be provided upon shipment based on destination.
Sales tax will be charged in select states
based on the current rate and the ship to
address unless a sales tax exemption form
is received prior to shipping.
Tax Exempt (y/n): \s1\tax_exempt
Tax Exempt #: s1\tax_num
5081 Howerton Way, Suite A (305) 521-0200
Bowie, MD 20715 BlinkCharging.com
Nasdaq:BLNK
Cellular Repeater
Please note you may or may not need a cellular repeater at your location.
Some locations, like garages and areas where the cell signal is weak may require a cellular repeater system to make sure they receive a signal. A cellular repeater captures an available signal using an antenna and then amplifies it, then repeats the signal inside the garage or area that has a weak signal.
This Signed Document Shall Serve as a Purchase Order for the Proposed Project
Price does not include final shipping fees nor sales tax.
Cancelled or returned DCFC/Specialty product are subject to a 20% fee.
Quoted price is valid for 30 days from
Created Date.
Payment terms are NET 30 from date of invoice per standard Blink Terms and Conditions, located at https://blinkcharging.com/terms-conditions By signing you are committing to order the charging solution as defined.
Accepted By Name:
Signature: \s1\signature
Date: \s1\date
Item #17.O.
Date: November 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Award of Contract for On-call As-needed Construction Management and Inspection Services
City Manager's Recommendation:
That the City Council authorize the City Manager to enter into a professional services agreement with Dudek, FCG Consultants and Coory Engineering for On-call As-needed Construction Management and Inspection services in the amount of $200,000 per contract, subject to approval as to form by the City Attorney.
Administrative Action:
Submitted by:
Eddie Chan, Director of Engineering/Building Official
Prepared by:
Luis Pimentel, Associate Engineer
Reviewed by:
Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The Public Works Engineering Division oversees all construction activities within the City’s public right-of-way. Any work conducted in this area—whether associated with private development projects, the City’s Capital Improvement Projects (CIPs), or by contractors and utility companies installing or maintaining their facilities—requires an encroachment permit authorizing such construction. Typical work includes, but is not limited to, the repair or installation of curbs and gutters, sidewalk panels, driveway approaches, water or gas lines, fiber optic cables, electrical poles, and street restorations.
Construction management and inspection services for encroachment permits and development improvements are available 24 hours a day, seven days a week. However, due to limited staffing and increased requests for inspections during non-business hours (nights and weekends), staff cannot cover all projects, including City’s CIP projects. Since 2022, the City has relied on on-call consultants to provide these services and will need to continue utilizing consultant support as the current contracts approach expiration.
On September 4, 2025, staff issued a Request for Proposal (RFP) for As-needed Construction Management and Inspection Services. The RFP was sent to select firms that are qualified to provide these services. Staff received proposals from three (3) qualified firms on September 24, 2025 with the following results:
Consultants Rank
Dudek 1
FCG Consultants 2
Coory Engineering 3
Irwindale Municipal Code (IMC) 3.44.020 Definition of “Services” exempts professional or other contractual services for which the procedure for procurement is specifically provided by law or approved city procedures or are in their nature unique and not subject to competition. The City has adopted a Purchasing Policy which sets forth the procurement process for Professional Services. City staff have complied with Irwindale Purchasing Policy Section 5 Professional Consultant Selection requirements such that the contract is exempt from the centralized purchasing requirements of IMC Chapter 3.44, per IMC sections 3.44.060 and 3.44.080(D).
Based on a review of the proposals submitted, Staff evaluated each proposal received and ranked each firm based on experience, staff qualifications and availability.
Due to the increasing number of permits and development projects currently underway and anticipated in the coming years, staff recommends awarding contract agreements to Dudek, FCG Consultants, and Coory Engineering. These firms were selected based on their current services provided to the City, as well as their demonstrated qualifications, relevant experience, staff availability, and the overall quality and thoroughness of their proposals. Each contract will
have a not-to-exceed amount of $200,000 per year and a term of two (2) years, with the option to extend for one (1) additional year. The total possible contract duration will therefore be three (3) years.
The Agreement is being reviewed by the City Attorney’s office and is subject to approval by the City Manager and subject to approval as to form by the City Attorney.
Fiscal Impact:
None. Funding for this Agreement will be deducted from deposits provided to the City from the respective current and/or future applicant(s) of private development projects and encroachment permits. For CIP projects, funds will be budgeted for these services in the CIP programs.
Attachments:
1. 11-12-2025 Award of Contract - As-needed Construction Management and Inspection Services - AGREEMENT (Dudek)
2. 11-12-2025 Award of Contract - As-needed Construction Management and Inspection Services -
AGREEMENT (FCG)
3. 11-12-2025 Award of Contract - As-needed Construction Management and Inspection Services -
AGREEMENT (COORY)
01005.0001/761286.2 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND
DUDEK
FOR
ON-CALL AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 12th day of November, 2025 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (“City”) and Dudek, 687 S. Coast Highway 101, Ste 110, Encinitas, CA 92024 (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant 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 contract amount of Two Hundred Thousand and 00/100 Dollars ($200,000) (“Contract Sum”) per twelve-month period.
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
01005.0001/761286.2 -2-
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 subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant 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 amount of Fifteen Thousand and 00/100 Dollars ($15,000) 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.
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
01005.0001/761286.2 -3-
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 one (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Mr. George Litzinger, PE 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. Mr. Julian A. Miranda [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.
4.4 Independent Consultant. 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.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this
01005.0001/761286.2 -4-
Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective
01005.0001/761286.2 -5-
insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, 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, 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, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City's defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct.
In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. Consultant will not be entitled in the
01005.0001/761286.2 -6-
absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
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.
(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
01005.0001/761286.2 -7-
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.
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
01005.0001/761286.2 -8-
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, 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.
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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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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
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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.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
Dudek z
By:
Name:
Title:
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.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following construction inspection services, on an as needed basis, including but not limited to:
A. Design support services:
• Prepare cost estimates.
• Perform value engineering.
• Formal constructability review.
• Bidding assistance.
• Bid documents/proposals review.
• Assist in the conduct of pre-bid/pre-proposal and pre-construction meetings.
B. Construction management services:
• Work with the City, project design team, and General contractor to clearly define roles and responsibilities during construction and develop a construction management plan.
• Manage and conduct meetings with city staff, project design team, and General contractor and produce meeting minutes from each meeting. • Assure that the project is on schedule and if not, develop recovery plans with General contractor.
• Establish notification procedures for any shutdown of utilities for the progress of the work.
• Coordinate the testing and inspection of the projects and review test reports and make recommendations, as necessary.
• Coordinate the activities of multiple contracts between projects to assure that they are not interfering with each other.
• Prepare monthly cost reports to monitor the current and project final costs of the project. Prepare cash flow projections as needed.
• Review and make recommendations on change order requests from the General contractor. Determine if the requests are legitimate.
• Maintain a change order log reflecting the status of each change order and the total cost of changes.
• Review and document changes requested by the city and project design team and prepare cost estimate for each.
• Prepare and maintain submittals and shop drawing logs. Review both as they are received before transmittal to the design teams to assure that they are complete and accurate.
• Prepare and maintain a Request for Information (RFI) logs. Coordinate and track responses with the design team.
01005.0001/761286.2
• Prepare weekly management report summary defining the progress of the work including change orders, RFI’s, submittals, schedule and potential claims. Prepare a more detailed monthly report on the same items.
• Develop and maintain correspondence logs.
• Review the monthly payment requests for completeness and accuracy including proper payroll documentation and lien releases are in order and make recommendation for payment to City.
• Monitor the construction schedule provided by the General contractor. • Provide progress photos and video taping of the project on a regular basis. • Review any potential claims and make recommendations. • Perform field inspection to evaluate work in progress to confirm that it conforms to the contract documents.
• Schedule special inspections.
• Monitor the General contractor’s safety program.
• Prepare in conjunction with the design team and city staff all punch-lists. Monitor the completion of the punch-lists by the General contractor. • Coordinate and receive all close-out items including as-built drawings, operation and maintenance manuals, and warranties as required.
• Assist with resolving all contract issues, warranties, bonds, etc. at closeout of project.
• Prepare a final close out report with recommendation as to final payment, notice of completion, and delivery of closeout documentation.
C. Construction inspection services:
• Attend pre-construction meetings.
• Review shop drawings and submittals from contractor.
• Provide field inspections of work in progress to ensure compliance with plans and specifications.
• Take digital photos of each construction phase throughout the duration of a project.
• Serve as construction manager and inspector of record (create redline on as-built drawings) for work inspected.
• Prepare and distribute written daily inspection reports via e-mail and/or hardcopy. • Coordinate inspections with utility companies and contractors as necessary. • Coordinate special testing and inspection work as required. • Report instances of apparent non-compliance with contract plans, specifications to Public Works staff for resolution.
• Verify prevailing wages and payroll information.
D. Verify progress payments
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II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Daily Inspection Logs
B. Photos before, during and after the project
C. Incident reports
D. Punch-list items
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.
IV. Consultant will utilize the following personnel to accomplish the Services:
01005.0001/761286.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
C-1
01005.0001/761286.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the scope of services at the following rates:
01005.0001/761286.2
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $200,000 per twelve-month period beginning from the Effective Date of this Agreement, as provided in Section 2.1 of this Agreement.
D-1
01005.0001/761286.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services on an as-needed basis, in accordance with the schedule and deadlines established by the Contract Officer. The frequency of inspections shall be dependent on the nature of the project. Night and weekend inspections will require to remain onsite to monitor the job, ensure traffic control is in place and ensure that the City’s and other utility company’s infrastructure is not compromised.
II. Unless earlier terminated in accordance with Section 7 of this Agreement, this Agreement shall continue in full force and effect for a period not exceeding two (2) years from the date hereof. City, at its sole and absolute discretion, may extend the contract term for one (1) additional period of one (1) year. The total maximum contract term will be of up to three (3) years.
III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.
01005.0001/761286.2 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND
FCG CONSULTANTS, INC.
FOR
ON-CALL AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 12th day of November, 2025 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (“City”) and FCG Consultants, Inc., 22885 Savi Ranch Parkway, Suite G, Yorba Linda, CA 92887 (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant 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 contract amount of Two Hundred Thousand and 00/100 Dollars ($200,000) (“Contract Sum”) per twelve-month period.
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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 subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant 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 amount of Fifteen Thousand and 00/100 Dollars ($15,000) 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.
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
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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 two (2) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Mr. Abdallah Fakhouri, PE 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. Mr. Julian A. Miranda [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.
4.4 Independent Consultant. 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.
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5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
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All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, 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, 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, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of 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
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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.
(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.
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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.
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
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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, 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
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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 nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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
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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.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
FCG Consultants, Inc. z
By:
Name:
Title:
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.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following construction inspection services, on an as needed basis, including but not limited to:
A. Design support services:
• Prepare cost estimates.
• Perform value engineering.
• Formal constructability review.
• Bidding assistance.
• Bid documents/proposals review.
• Assist in the conduct of pre-bid/pre-proposal and pre-construction meetings.
B. Construction management services:
• Work with the City, project design team, and General contractor to clearly define roles and responsibilities during construction and develop a construction management plan.
• Manage and conduct meetings with city staff, project design team, and General contractor and produce meeting minutes from each meeting. • Assure that the project is on schedule and if not, develop recovery plans with General contractor.
• Establish notification procedures for any shutdown of utilities for the progress of the work.
• Coordinate the testing and inspection of the projects and review test reports and make recommendations, as necessary.
• Coordinate the activities of multiple contracts between projects to assure that they are not interfering with each other.
• Prepare monthly cost reports to monitor the current and project final costs of the project. Prepare cash flow projections as needed.
• Review and make recommendations on change order requests from the General contractor. Determine if the requests are legitimate.
• Maintain a change order log reflecting the status of each change order and the total cost of changes.
• Review and document changes requested by the city and project design team and prepare cost estimate for each.
• Prepare and maintain submittals and shop drawing logs. Review both as they are received before transmittal to the design teams to assure that they are complete and accurate.
• Prepare and maintain a Request for Information (RFI) logs. Coordinate and track responses with the design team.
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• Prepare weekly management report summary defining the progress of the work including change orders, RFI’s, submittals, schedule and potential claims. Prepare a more detailed monthly report on the same items.
• Develop and maintain correspondence logs.
• Review the monthly payment requests for completeness and accuracy including proper payroll documentation and lien releases are in order and make recommendation for payment to City.
• Monitor the construction schedule provided by the General contractor. • Provide progress photos and video taping of the project on a regular basis. • Review any potential claims and make recommendations. • Perform field inspection to evaluate work in progress to confirm that it conforms to the contract documents.
• Schedule special inspections.
• Monitor the General contractor’s safety program.
• Prepare in conjunction with the design team and city staff all punch-lists. Monitor the completion of the punch-lists by the General contractor. • Coordinate and receive all close-out items including as-built drawings, operation and maintenance manuals, and warranties as required.
• Assist with resolving all contract issues, warranties, bonds, etc. at closeout of project.
• Prepare a final close out report with recommendation as to final payment, notice of completion, and delivery of closeout documentation.
C. Construction inspection services:
• Attend pre-construction meetings.
• Review shop drawings and submittals from contractor.
• Provide field inspections of work in progress to ensure compliance with plans and specifications.
• Take digital photos of each construction phase throughout the duration of a project.
• Serve as construction manager and inspector of record (create redline on as-built drawings) for work inspected.
• Prepare and distribute written daily inspection reports via e-mail and/or hardcopy. • Coordinate inspections with utility companies and contractors as necessary. • Coordinate special testing and inspection work as required. • Report instances of apparent non-compliance with contract plans, specifications to Public Works staff for resolution.
• Verify prevailing wages and payroll information.
• Verify progress payments
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II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Daily Inspection Logs
B. Photos before, during and after the project
C. Incident reports
D. Punch-list items
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.
IV. Consultant will utilize the following personnel to accomplish the Services:
01005.0001/761286.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
C-1
01005.0001/761286.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the scope of services at the following rates:
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
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C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $200,000 per twelve-month period beginning from the Effective Date of this Agreement, as provided in Section 2.1 of this Agreement.
C-2
D-1
01005.0001/761286.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services on an as-needed basis, in accordance with the schedule and deadlines established by the Contract Officer. The frequency of inspections shall be dependent on the nature of the project. Night and weekend inspections will require to remain onsite to monitor the job, ensure traffic control is in place and ensure that the City’s and other utility company’s infrastructure is not compromised.
II. Unless earlier terminated in accordance with Section 7 of this Agreement, this Agreement shall continue in full force and effect for a period not exceeding two (2) years from the date hereof. City, at its sole and absolute discretion, may extend the contract term for one (1) additional period of one (1) year. The total maximum contract term will be of up to three (3) years.
III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.
01005.0001/761286.2 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF IRWINDALE AND
COORY ENGINEERING
FOR
ON-CALL AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES
This AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 12th day of November, 2025 by and between the CITY OF IRWINDALE, a California Charter City and municipal corporation (“City”) and Coory Engineering, 1718 North Neville Street, Orange, CA 92865 (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF 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.
2. COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant 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 contract amount of Two Hundred Thousand and 00/100 Dollars ($200,000) (“Contract Sum”) per twelve-month period.
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
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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 subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
Review and payment by the City of any invoice provided by the Consultant 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 amount of Fifteen Thousand and 00/100 Dollars ($15,000) 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.
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
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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 two (2) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
4. COORDINATION OF WORK
4.1 Representative of Consultant. Mr. Samir M. Khoury, PE 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. Mr. Julian A. Miranda [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.
4.4 Independent Consultant. 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.
5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this
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Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars, and any other automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective
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insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City’s Risk Manager or other designee of the City due to unique circumstances.
5.3 Indemnification. To the full extent permitted by law, 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, 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, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of 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.
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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.
(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,
01005.0001/761286.2 -7-
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.
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.
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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, 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.
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8.6 Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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
01005.0001/761286.2 -10-
bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures on the following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF IRWINDALE, a municipal corporation
Julian A. Miranda, City Manager
ATTEST:
Laura Nieto, Chief Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Adrian R. Guerra, City Attorney
CONSULTANT:
Coory Engineering z
By:
Name:
Title:
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.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01005.0001/761286.2 B-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following construction inspection services, on an as needed basis, including but not limited to:
A. Design support services:
• Prepare cost estimates.
• Perform value engineering.
• Formal constructability review.
• Bidding assistance.
• Bid documents/proposals review.
• Assist in the conduct of pre-bid/pre-proposal and pre-construction meetings.
B. Construction management services:
• Work with the City, project design team, and General contractor to clearly define roles and responsibilities during construction and develop a construction management plan.
• Manage and conduct meetings with city staff, project design team, and General contractor and produce meeting minutes from each meeting. • Assure that the project is on schedule and if not, develop recovery plans with General contractor.
• Establish notification procedures for any shutdown of utilities for the progress of the work.
• Coordinate the testing and inspection of the projects and review test reports and make recommendations, as necessary.
• Coordinate the activities of multiple contracts between projects to assure that they are not interfering with each other.
• Prepare monthly cost reports to monitor the current and project final costs of the project. Prepare cash flow projections as needed.
• Review and make recommendations on change order requests from the General contractor. Determine if the requests are legitimate.
• Maintain a change order log reflecting the status of each change order and the total cost of changes.
• Review and document changes requested by the city and project design team and prepare cost estimate for each.
• Prepare and maintain submittals and shop drawing logs. Review both as they are received before transmittal to the design teams to assure that they are complete and accurate.
• Prepare and maintain a Request for Information (RFI) logs. Coordinate and track responses with the design team.
01005.0001/761286.2
• Prepare weekly management report summary defining the progress of the work including change orders, RFI’s, submittals, schedule and potential claims. Prepare a more detailed monthly report on the same items.
• Develop and maintain correspondence logs.
• Review the monthly payment requests for completeness and accuracy including proper payroll documentation and lien releases are in order and make recommendation for payment to City.
• Monitor the construction schedule provided by the General contractor. • Provide progress photos and video taping of the project on a regular basis. • Review any potential claims and make recommendations. • Perform field inspection to evaluate work in progress to confirm that it conforms to the contract documents.
• Schedule special inspections.
• Monitor the General contractor’s safety program.
• Prepare in conjunction with the design team and city staff all punch-lists. Monitor the completion of the punch-lists by the General contractor. • Coordinate and receive all close-out items including as-built drawings, operation and maintenance manuals, and warranties as required.
• Assist with resolving all contract issues, warranties, bonds, etc. at closeout of project.
• Prepare a final close out report with recommendation as to final payment, notice of completion, and delivery of closeout documentation.
C. Construction inspection services:
• Attend pre-construction meetings.
• Review shop drawings and submittals from contractor.
• Provide field inspections of work in progress to ensure compliance with plans and specifications.
• Take digital photos of each construction phase throughout the duration of a project.
• Serve as construction manager and inspector of record (create redline on as-built drawings) for work inspected.
• Prepare and distribute written daily inspection reports via e-mail and/or hardcopy. • Coordinate inspections with utility companies and contractors as necessary. • Coordinate special testing and inspection work as required. • Report instances of apparent non-compliance with contract plans, specifications to Public Works staff for resolution.
• Verify prevailing wages and payroll information.
• Verify progress payments
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II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Daily Inspection Logs
B. Photos before, during and after the project
C. Incident reports
D. Punch-list items
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.
IV. Consultant will utilize the following personnel to accomplish the Services:
01005.0001/761286.2
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
N/A
C-1
01005.0001/761286.2
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the scope of services at the following rates:
II. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include:
A. Line items for all the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
01005.0001/761286.2
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
III. The total compensation for the Services shall not exceed $200,000 per twelve-month period beginning from the Effective Date of this Agreement, as provided in Section 2.1 of this Agreement.
C-2
D-1
01005.0001/761286.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services on an as-needed basis, in accordance with the schedule and deadlines established by the Contract Officer. The frequency of inspections shall be dependent on the nature of the project. Night and weekend inspections will require to remain onsite to monitor the job, ensure traffic control is in place and ensure that the City’s and other utility company’s infrastructure is not compromised.
II. Unless earlier terminated in accordance with Section 7 of this Agreement, this Agreement shall continue in full force and effect for a period not exceeding two (2) years from the date hereof. City, at its sole and absolute discretion, may extend the contract term for one (1) additional period of one (1) year. The total maximum contract term will be of up to three (3) years.
III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2.
Item #19.A.
Date: November 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Election for the City of Irwindale's Vote for Water Quality Authority Board Member Representing Cities with Prescriptive Pumping Rights
City Manager's Recommendation:
That the City Council discuss and cast its vote for the Water Quality Authority Board Member Representing Cities with Prescriptive Pumping Rights
Administrative Action:
Submitted by:
Julian A. Miranda, City Manager
Prepared by:
Iris Espino, Assistant to the City Manager
Reviewed by:
Adrian R. Guerra, City Attorney
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
The San Gabriel Basin Water Quality Authority (WQA) was established by the State Legislature (SB 1679) on February 11, 1993, to develop, finance, and implement groundwater treatment programs in the San Gabriel Valley. The WQA is a 7-member board composed of one member from each of the three overlying municipal water districts, one from a city with prescriptive water pumping rights, one from a city without prescriptive water pumping rights, and two representing water producers in the San Gabriel Basin. The City of Irwindale is a city with prescriptive water pumping rights.
Under the WQA's enabling legislation, the terms of the board members and alternates representing cities with pumping rights expire on January 1, 2026. An election to fill these seats is scheduled for December 17, 2025. The resolution of the city council, with its votes cast, must be sent to WQA by December 16, 2025, at 12:00 p.m. The candidate receiving the most votes will be the WQA Board Member, and the candidate receiving the second-highest number of votes will be the WQA Alternate Board Member.
Qualified cities have duly nominated the following nominees for the office of city member of the Board of the WQA:
Robert Gonzales, City of Azusa
Jeffrey Maloney, City of Alhambra
The City of Irwindale may consider the following options:
1) Direct staff to prepare a resolution to cast its votes in support of one of the candidates listed above.
Should this option be selected, then a resolution will be prepared for the City Council's consideration at the December 10, 2025, meeting or
2) Take no action regarding this matter.
Fiscal Impact:
There is no fiscal impact.
Attachments:
1. San Gabriel Basin Water Quality Authority Letter (Oct. 20, 2025)
Item #19.B.
Date: November 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: First Reading of Ordinance No. 816 - Concurrent Commission Service City Manager's Recommendation:
Introduce for first reading Ordinance No. 816 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING SECTION 2.30.065 TO THE IRWINDALE MUNICIPAL CODE TO INCLUDE A SINGLE SERVICE POLICY RELATED TO COMMISSION SERVICE AND APPOINTMENTS".
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:
On June 12, 2024, the City Council adopted Ordinance No. 777 to consolidate and establish uniformity
among all boards and commissions established by the City of Irwindale. On October 22, 2025, the City Council adopted Resolution No. 2025-99-3687 promoting broad community participation and establishing a policy prohibiting concurrent service on more than one city board or commission.
Staff is now recommending that City Council consider proposed Ordinance No. 816, which will add a new section to the Irwindale Municipal Code (IMC) to include a single service policy related to commission service and appointments. This provision of the IMC would go into effect thirty days following the adoption of the ordinance.
Fiscal Impact:
There is no fiscal impact.
Attachments:
1. Proposed Ordinance No. 816
Ordinance No. 816
ORDINANCE NO. 816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING SECTION 2.30.065 TO THE IRWINDALE MUNICIPAL CODE TO
INCLUDE A SINGLE SERVICE POLICY RELATED TO COMMISSION
SERVICE AND APPOINTMENTS
A. RECITALS
WHEREAS, Ordinance No. 777 was adopted on June 12, 2024 to consolidate and establish uniformity among all boards and commissions established by the City of Irwindale;
WHEREAS, Resolution No. 2025-99-3687 was adopted on October 22, 2025, promoting broad community participation and establishing a policy prohibiting concurrent service on more than one city board or commission;
WHEREAS, the City Council now wishes to incorporate this policy into the Irwindale Municipal Code;
WHEREAS, it is now necessary for the Irwindale Municipal Code to be updated to reflect these changes; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
B. ORDINANCE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
Section 2. Section 2.30.065 of Chapter 2.30 of Title 2 of the Irwindale Municipal Code is hereby added and shall read as follows:
2.30.065 Single Service Policy
A. Single Service Restriction. No individual may concurrently serve as a member of more than one City board or commission at any given time.
B. Vacancy Upon New Appointment. If a current board or commission member applies for and is appointed to a different City board or commission, that appointment shall automatically vacate the individual’s prior position, effective upon the date of the new appointment.
C. Purpose. This section is intended to promote diversity of representation, equitable access to civic service, and transparency in local government. •
Ordinance No. 816
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court.
Section 4. The City Council hereby authorizes and directs the Mayor to execute this Ordinance following adoption thereof.
Section 5. The Chief Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale.
Section 6. This Ordinance shall take effect 30 days after its final adoption.
PASSED, APPROVED, AND ADOPTED this _____ day of ______, 2025. _____________________________
, 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, California, do hereby certify that the foregoing Ordinance No. 816 was duly introduced at a regular City Council meeting held on the _____day of ________ 2025, and adopted at a regular meeting of the City Council held on the _______ day of _________ 2025, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Ordinance No. 816
ABSTAIN: Councilmembers:
______________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 816, 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__________________.
___________________________ Dated: ___________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
Item #19.C.
Date: November 12, 2025
To: Honorable Mayor and Members of the City Council
From: Theresa Olivares, Assistant City Manager
Issue: City of Irwindale Public Library — Past and Present Names of Irwindale residents City Manager's Recommendation:
That the City Council of the City of Irwindale discuss the inclusion of past and present Irwindale residents names as artwork in the Irwindale Public Library and provide direction to staff.
Administrative Action:
Submitted, Prepared, Approved by:
Theresa Olivares, Assistant City Manager
Reviewed by:
Kambiz Borhani, Finance Director / City Treasurer
Approved by:
Theresa Olivares, Assistant City Manager
Background and Analysis:
On August 7, 2024, the Irwindale City Council received an update on the Irwindale Public Library Improvement Project (Project) and directed staff to include the names of the Irwindale families on the wall of the adult section of the library. Staff has compiled the attached list of family names including the names as they appear at the Irwindale Gold Line Station and the names from the Irwindale Resident ID database (expired and current). It is now necessary for the City Council to discuss and provide direction to staff regarding:
1. The inclusion of both past and present names of Irwindale residents.
2. Recongizing that every Irwindale resident may not have a Resident ID card, is it the council's desire to allow individuals to submit names that are not on the attached list?
a. If yes, then staff will prepare a citywide mailer allowing individuals to submit names for inclusion. Individuals requesting to add a name will use a QR code to submit the name.
The current list of names will be posted on the city's website and at City Hall for public viewing. The final list of names will be presented to the City Council for approval. b. If no, then staff will proceed with providing the attached list to the architect and designer so that they may coordinate the artwork for printing of the names.
Fiscal Impact:
There is no fiscal impact related to this matter.
Attachments:
1. List of Family Names
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Acero Acero
Acevedo Acevedo
Acosta Acosta Acosta
Acosta Galvan Acosta Galvan
Acuna Acuna
Adame Adame
Aguayo Aguayo Aguayo
Aguila Aguila
Aguilera Aguilera
Aguirre Aguirre
Aguirre-Morales Aguirre-Morales
Alarcon Alarcon
Alas Alas
Albarran Albarran
Alcala Alcala
Alcudia Alcudia
Alfaro Alfaro
Allen Allen
Almazan Almazan
Alva Alva
Alvarado Alvarado
Alvarez Alvarez
Amador Amador
Ambriz Ambriz Ambriz
Andy Andy
Angiano Angiano
Anguiano-Ortiz Anguiano-Ortiz
Arce Arce
Archuleta Archuleta
Arciniega Arciniega
Arellan Arellan
Arellano Arellano
Arenas Arenas
Arevalo Arevalo
Arias Arias
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Arias Lopez Arias Lopez
Armendariz Armendariz
Arnold Arnold
Arreola Arreola
Arroyo Arroyo
Arteaga Arteaga
Arvizu Arvizu
Arzola Arzola
Asencio Asencio
Avila Avila
Ayala Ayala
Ayon Ayon Ayon
Baca Baca
Baez Baez
Banquells Banquells
Banuelos Banuelos
Barahona Barahona
Barajas Barajas
Barajas de Pavon Barajas de Pavon
Barbosa Barbosa Barbosa
Barbosa Hernandez Barbosa Hernandez
Bardales Bardales
Barragan Barragan Barragan
Basurto Basurto
Belnavis Belnavis
Beltran Beltran
Benitez Benitez
Bernal Bernal
Blanco Blanco
Blanco-Rico Blanco-Rico
Blandon Blandon
Blanset Blanset
Bracamontes Bracamontes
Bravo Bravo
Breceda Breceda Breceda
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Brower Brower
Brueckner Brueckner
Burger Burger
Burgs Burgs
Burrola Burrola Burrola
Bustos Bustos
Butler Butler
Cabibil Cabibil
Cabral Cabral
Cabrera Cabrera
Cagle Cagle
Calcanas Calcanas
Caldera Caldera
Callejas Callejas
Camacho Camacho
Campa Campa
Campas Campas
Campbell Campbell
Campos Campos
Canna Canna
Cano Cano
Cardenas Cardenas
Carlin Carlin
Carlos Carlos
Carlson Carlson
Caro Caro
Carr Carr Carr
Carrillo Carrillo Carrillo
Casal Casal
Casarez Casarez
Casaya Casaya
Castaneda Castaneda
Castaneda-Alvarez Castaneda-Alvarez
Castellanos Castellanos Castellanos
Castor Castor
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Castro Castro
Ceballos Ceballos
Ceja Ceja
Centeno Centeno
Cevallos Cevallos
Chacon Chacon
Chairez Chairez
Chambers Chambers
Chan Chan
Chavez Chavez Chavez
Chen Chen
Chico Chico Chico
Chico-Hernandez Chico-Hernandez
Clara Clara
Claudio Claudio
Collaso Collaso
Contreras Contreras
Cook Cook
Cordero Cordero
Coronado Coronado
Corpis Corpis
Corral Corral
Cortez Cortez
Cruz Cruz
Cruz Montero Cruz Montero
Cudmore Cudmore
Davila Davila Davila
Davila-Arnold Davila-Arnold
De La Cueva De La Cueva
De Lopez De Lopez
De Luna De Luna
De Vera De Vera
Dean Dean
Del Castillo Del Castillo
Del Rio Del Rio
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Delgado Delgado Delgado
Dialogo Dialogo
Diaz Diaz Diaz
Dirling Dirling
Dominguez Dominguez
Dominguez-Romero Dominguez-Romero
Dozois Dozois
Dupleasis Dupleasis
Duran Duran Duran
Echeverria Echeverria
Elpido Elpido
Escobedo Escobedo
Escoto Escoto
Escovedo Escovedo
Esparza Esparza Esparza
Espino Espino
Esquivel Esquivel Esquivel
Estevez Estevez
Evans Evans
Facundo Facundo
Familari Familari
Fang Fang
Felix Felix
Ferguson Ferguson
Ferrara Ferrara
Feucht Feucht
Fields Fields
Figueroa Figueroa Figueroa
Flores Flores
Flores De Aguilera Flores De Aguilera
Fonseca Fonseca
Forester Forester
Fraijo Fraijo Fraijo
Francisca Francisca
Frymark Frymark
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Fuentes Fuentes Fuentes
Galaz Galaz
Galindo Galindo
Gallardo Gallardo Gallardo
Gallego Gallego
Gallegos Gallegos
Gamez Gamez
Garcia Garcia Garcia
Garcia Flores Garcia Flores
Garcia-Patino Garcia-Patino
Garza Garza
Gauthier Gauthier
Gendron Gendron
Gomez Gomez Gomez
Gomez Miranda Gomez Miranda
Gonzales Gonzales
Gonzalez Gonzalez
Grammer Grammer
Gregorio Gregorio
Griego Griego
Grijalva Grijalva Grijalva
Guadarrama Guadarrama Guadarrama
Guerrero Guerrero Guerrero
Guillen Guillen
Gullett-Suarez Gullett-Suarez
Gutierrez Gutierrez
Guzman Guzman
Guzman-Vanmarcke Guzman-Vanmarcke
Hann Hann
Haro Haro
Hartman Hartman
Henderson Henderson
Henry Henry
Heredia Heredia
Hernandez Hernandez Hernandez
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Hernandez-Meza Hernandez-Meza
Herrera Herrera Herrera
Herrera-Riley Herrera-Riley
Hickman Hickman
Hidalgo Hidalgo
Higareda Higareda
Hirsch Hirsch
Huicochea Huicochea
Huidor Huidor
Hunter Hunter
Islas Islas Islas
Jacobo Jacobo
Jacquez Jacquez
Jaramillo Jaramillo
Jauregui Jauregui
Jefferson Jefferson
Jimenez Jimenez
Johnson Johnson
Joseph Joseph
Kaehuaea Kaehuaea
Kan Kan
Keiffer Keiffer
Kelly Kelly
Kuhns Kuhns
Kurovsky Kurovsky
Lara Lara Lara
Lara-Perez Lara-Perez
Lazcano Lazcano
Lee Lee
Leon Leon
Leos Leos
Lepe Lepe
Leyva Leyva Leyva
Lien Lien
Linares Linares
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Llamas Llamas
Loeza Loeza
Logan Logan
Longoria Longoria
Lopez Lopez Lopez
Loya Loya
Lugo Lugo
Luna Luna Luna
Luquin Luquin
Mackay Mackay
Madrigal Madrigal
Magallon Magallon
Magdaleno Magdaleno
Malacara Malacara
Maldonado Maldonado
Manzo Manzo
Marez Marez
Marin Marin
Marquez Marquez
Marroquin Marroquin
Martinez Martinez Martinez
Martino Martino
Mata Mata
Maxwell Maxwell
McCrimnon McCrimnon
McGinnis McGinnis
McLain McLain
Meda Meda
Medina Medina Medina
Medina-Benitez Medina-Benitez
Meisner Meisner
Melendez Melendez
Mendez Mendez
Mendoza Mendoza
Meneses Meneses
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Menjivar Menjivar
Mercado Mercado
Meza Meza
Michael Michael
Michel Michel
Miles Miles
Miranda Miranda Miranda
Mireles Mireles
Mitchell Mitchell
Moctezuma Moctezuma
Montenegro Montenegro
Montes Montes
Montoya Montoya
Mora Mora
Morago Morago
Morales Morales
Moran Moran
Moraza Moraza
Moreno Moreno
Morgan Morgan
Munguia Munguia
Munoz Munoz
Munoz Chicas Munoz Chicas
Munoz-Attaway Munoz-Attaway
Murdock Murdock
Muro Muro Muro
Naranjo Naranjo
Narvaez Narvaez
Navarrette Navarrette
Navarro Navarro
Nguyen Nguyen
Nides Nides
Norton Norton
Nunez Nunez
Nunnelly Nunnelly
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Oatis Oatis
Ocampo Ramon Ocampo Ramon
Ochoa Ochoa
Ogaard Ogaard
Ojeda Ojeda
Olivares Olivares
Ordaz Ordaz
Ornelas Ornelas
Orona Orona
Orosco Orosco
Orozco Orozco
Ortega Ortega
Ortiz Ortiz Ortiz
Osmonson Osmonson
Osterheim Osterheim
Osterheim-Tapia Osterheim-Tapia
Padilla Padilla Padilla
Palacios Palacios
Parascondola Parascondola
Paredes Paredes
Pascual Pascual
Patino Patino
Patterson-Castro Patterson-Castro
Pavon Pavon
Paz Paz
Pena Pena
Perez Perez Perez
Perez-Martinez Perez-Martinez
Perrier Perrier
Perrona Petarra Perrona
Petarra
Phuong Phuong
Pickering Pickering Pickering
Pineda Pineda
Poepping Poepping
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Polanco Polanco
Ponce Ponce
Poole Poole
Porras Porras
Preciado Preciado
Puentes Puentes
Pulido Pulido
Pusey Pusey
Quijas Quijas
Quinones Quinones
Ramirez Ramirez Ramirez
Ramirez-Ruiz Ramirez-Ruiz
Ramos Ramos
Ramos Monterrozo Ramos Monterrozo
Rangel Rangel
Renteria Renteria
Resendiz Resendiz
Reyes Reyes Reyes
Rios Rios
Ritter Ritter
Rivas Rivas
Rivera Rivera
Rivers Rivers
Roberg Roberg
Robles Robles
Rodriguez Rodriguez Rodriguez
Rogel Rogel
Rogers Rogers
Rojas Rojas
Roman Roman
Romero Romero
Romo Romo
Rosales Rosales
Ross Ross
Rubio Rubio Rubio
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Ruelas Ruelas
Ruiz Ruiz
Saiz Saiz
Salazar Salas Salas
Salazar Salazar
Salgado Salgado
Salinas Salinas
Sanchez Sanchez Sanchez
Sanchez Hernandez Sanchez Hernandez
Sanchez Segura Sanchez Segura
Santana Santana
Santellan Santellan
Santiago Santiago
Santos Santos
Santy Santy
Sapien Sapien
Sarinana Sarinana
Schiro Schiro
Scott Scott
Self Self
Sena Sena
Sierra Sierra
Silva Silva
Singh Singh
Smith Smith
Solano Solano
Solis Solis
Solorzano Solorzano
Soria Soria
Sosa Sosa
Sotelo Sotelo
Soto Soto Soto
Staudenmaier Staudenmaier
Stewart Stewart
Stievo Stievo
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Strobehn Strobehn
Strobehn-Gamez Strobehn-Gamez
Suarez Suarez Suarez
Tabares Tabares
Tanner Tanner
Tapia Tapia Tapia
Tatarcuk Tatarcuk
Tavarez Solis Tavarez Solis
Taylor Taylor
Thayer Thayer
Thompson Thompson
Todd Todd
Tomikoshi Tomikoshi
Tompkin Tompkin
Toribio Toribio
Torres Torres Torres
Toruno Toruno
Toscano Toscano Toscano
Tovar Tovar
Tyler Tyler
Vaca Rivas Vaca Rivas
Valdez Valdez
Valencia Valencia Valencia
Valenzuela Valenzuela
Vanmarcke Vanmarcke
Vargas Vargas
Varner Varner
Vasquez Vasquez
Vega Jimenez Vega Jimenez
Velasco Velasco
Velasquez Velasquez
Velazquez Velazquez
Venegas Venegas
Vigil Vigil
Villa Villa
City of Irwindale
Resident Names
Gold Line Names Resident ID Database Combined List
(140 Names) (399 Names) (483 Names)
Villalba Villalba
Villalobos Villalobos
Villa-Ramirez Villa-Ramirez
Villegas Villegas
Virgen Virgen
Walters Walters
Warnock Warnock
Werblatsch Werblatsch
Westad Westad
White White
White-Bear White-Bear
Williams Wiley Wiley
Williams
Williamson Williamson
Willimann Willimann
Woodard Woodard
Wooten Wooten
Yamashiro Yamashiro
Ybarra Ybarra
Ye Ye
Yee Yee
Yrigoyen Yrigoyen
Ysais Ysais
Zamora Zamora
Zarza Zarza
Zavala Zavala
Zepeda Zepeda Zepeda
Item #19.D.
Date: November 12, 2025
To:
From:
Issue: Verbal Update on the Irwindale Library Project
City Manager's Recommendation:
Receive and file.
Administrative Action:
Background and Analysis:
Fiscal Impact:
Attachments:
None
Item #20.A.
Date: November 12, 2025
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Public Hearing Regarding City Council Approval of the Irwindale Police Department's Updated Military Equipment Inventory Mandated by AB 481 City Manager's Recommendation:
Open the duly noticed public hearing, accept comments, and continue to the regular meeting of December 10, 2025.
Administrative Action:
Submitted/Prepared by:
Chris Hofford, Chief of Police
Reviewed by:
Adrian R. Guerra, City Attorney
Approved by:
Julian A. Miranda, City Manager
Background and Analysis:
Assembly Bill 481 (AB 481), codified in Government Code sections 7070 through 7075, requires a Law Enforcement Agency (“LEA”) to obtain approval from the applicable governing body via adoption of a “military equipment” use policy prior to the LEA funding, acquiring, or using such equipment. On September 10, 2025, the City Council approved the attached Military Equipment Use Policy – IPD Manual Policy 705 (Attachment A) and scheduled the public hearing, which is mandated by AB 481, so
that community members can pose questions or provide input regarding this topic.
Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been used for many years by most LEAs to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the IPD.
The term “military equipment” as used in AB 481 does not necessarily indicate equipment that has actually been used by the United States military. Within the meaning of AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, "flashbang" light/sound diversionary devices, and carbine rifles.
On February 22, 2023, the City Council adopted Ordinance No. 766, adopting a Military Equipment Policy governing the use of items that are deemed "military equipment" under AB 481. The City Council renewed this ordinance on March 27, 2024, approving the amended policy and military equipment inventory.
IPD's Military Equipment Policy, attached, contains a full and current inventory of all military equipment presently owned by the City. Staff is recommending City Council open the public hearing, accept comments, and continue the public hearing to the meeting of December 10, 2025.
Fiscal Impact:
There is no fiscal impact.
Attachments:
1. Policy 705 Military Equipment
2. 2025 Military Equipment Inventory and Use
Policy
705
Irwindale Police Department
Irwindale PD Policy Manual
Copyright Lexipol, LLC 2025/08/18, All Rights Reserved.
Published with permission by Irwindale Police Department Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Irwindale Police Department
Irwindale PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/08/18, All Rights Reserved.
Published with permission by Irwindale Police Department Military Equipment - 2
705.2 POLICY
It is the policy of the Irwindale Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Irwindale Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department Rifles:
(2) - Colt M4 Commando.556 Rifles
(6) - Bushmaster XM15-E2S.223 Rifles
(11) - Colt M4 Carbine.223 Rifles
(12) - Colt M4LE.223 Rifles
(1) - Remington 870 Door Breaching Shotgun
(5) - Daniel Defense DDM 4.556 Rifles
Launchers:
Irwindale Police Department
Irwindale PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/08/18, All Rights Reserved.
Published with permission by Irwindale Police Department Military Equipment - 3
(3) - Defense Technology 40mm Launcher
(1) - Federal Laboratory Inc. 37mm Launcher
(1) - Cobray 37mm Launcher
(3) - Pepperball Launcher
Less Lethal Munitions:
(23) - Direct Impact 40mm OC sponge rounds
(48) - eXact iMpact 40mm sponge rounds
(192) - Drag Specialized 12ga. Point of Aim, Point of Impact beanbag rounds (5) - Defense Technology Noise-Flash diversionary devices (1500) - Pepperball rounds
Breacher Munitions:
(24) - 12ga. Clayvon rounds
(20) - 12ga. Black Cap rounds
(24) - 12ga. Flash Bang rounds
Unmanned Ground Systems:
(1) - iRobot 210 Negotiator
(1) - Recon Robotics Recon Scout
Unmanned Aerial Systems:
(2) - DJI Matrice 30T
705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.