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2015-02-17 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Tuesday, February 17, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California W. Michael McCormick, Mayor William J. Davis, Mayor Pro-Tem Richard J. Maisano, Council Member Luz Martinez, Council Member Vacant, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. If you would like to comment concerning a matter that is noticed for a public hearing today, please wait until that hearing is formally opened before making your comment. PRESENTATIONS 1. Personnel Matters - Service Pin Awards. January 2015 Anniversary Employee Name Job Title Years 1. Jerry Winegar Police Lieutenant 25 2. Donald Vanover Police Officer 20 Regular City Council Meeting Agenda February 17, 2015 Page 2 of 6 3. Belinda Arellano Police Dispatcher 15 4. Shirley Salas Business License Clerk 20 2. Presentation by John Van de Kamp of his January 31, 2015 Independent Reform Monitor Report. PUBLIC HEARING 3. Public Comment on the City’s intent to vacate a portion of Ayers Avenue south of Bandini Boulevard and adoption of a Negative Declaration. A Resolution of the City Council of the City of Vernon vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act. Recommendation: (1) Adopt the resolution vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act, which Authorize the sale of Ayers Avenue; and (2) Authorize the City Administrator to execute a quitclaim deed, on behalf of the City, remising, releasing and quitclaiming any interest and claim by the City of Vernon in the property. CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City – Received and Filed 4. None Minutes – To be Received and Filed 5. Minutes of the Regular City Council Meeting held February 3, 2015. Warrant Registers 6. Ratification of the following City Warrant Registers to record the following voided checks: a. City Warrant Register No. 1409 to record voided Check No. 345342 in the amount of $15.00; and b. City Warrant Register No. 1416 to record voided Check No. 346283 in the amount of $90.00; and c. City Warrant Register No. 1416 to record voided Check No. 346272 in the amount of $997.53. Regular City Council Meeting Agenda February 17, 2015 Page 3 of 6 7. Ratification of Light and Power Warrant Register No. 378, to record voided Check No. 511117 in the amount of $150.75. 8. Approval of City Payroll Warrant Register No. 704, totaling $2,711,985.09, which covers the period of January 1, through January 31, 2015, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $1,961,783.17; and b. Checks and electronic fund transfers totaling $750,201.92. 9. Approval of City Warrant Register No. 1418, totaling $1,026,142.74, which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $476,053.30; and b. Ratification of the issuance of early checks totaling $384,694.32; and c. Authorization to issue pending checks totaling $165,395.12. 10. Approval of Light & Power Warrant Register No. 383, totaling $3,218,635.17, which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $3,207,481.72; and b. Ratification of the issuance of early checks totaling $11,031.45; and c. Authorization to issue pending checks totaling $122.00. 11. Approval of Gas Warrant Register No. 171, totaling $1,936,405.48, which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $1,901,370.93; and b. Ratification of the issuance of early checks totaling $4,820.99; and c. Authorization to issue pending checks totaling $30,213.56. City Administration Department 12. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Giovanni Chaidez for his service and support of his community. 13. Council Conference Attendance Report to the 2015 Independent Cities Association Winter Seminar. City Attorney Department 14. Request to Approve an Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP regarding Civil Litigation Legal Services. Recommendation: (1) Find that the approval of the amendment proposed in this staff report is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the Regular City Council Meeting Agenda February 17, 2015 Page 4 of 6 general rule is that CEQA only applies to activities that may have an effect on the environment; and (2) Approve Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP (“Lewis Brisbois”), in substantially the same form as submitted with the staff report, for an additional one year period for an amount not-to-exceed $50,000.00, to provide civil litigation legal services on an as needed, on-call basis. Fire Department 15. Activity Report for the period of January 1 through January 15, 2015, to be received and filed. Police Department 16. Activity Log and Statistical Summary of Arrests and Activities for the period of January 16, through January 31, 2015, to be received and filed. Public Works, Water and Development Services Department 17. Building Department Report for the month of January 2015, to be received and filed. 18. Acceptance of Work of Ramona Inc. Company regarding Contract No. CS-0421 – 55th Street Storm Drain Improvements Project. Recommendation: (1) Affirm that accepting the work of Ramona Inc. Company, for the 55th Street Storm Drain Improvements Project, Contract No. CS-0421, is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, part (d), because the project is merely to construct a new storm drain system that would result in no permanent effects on the environment; and (2) Accept the work of Ramona Inc. Company, as part of the 55th Street Storm Drain Improvements Project, Contract No. CS-0421. NEW BUSINESS Fire Department 19. Approval of a Notice Inviting Bids for a Fire Department Training Facility Contractor. Recommendation: (1) Find that approval of the proposed Notice Inviting Bids is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and the City is only taking an administrative action to approve the Notice Inviting Bids; and (2) Approve the Notice Inviting Bids for a Fire Department Training Facility Contractor, in substantially the same form as submitted with the staff report. Regular City Council Meeting Agenda February 17, 2015 Page 5 of 6 Human Resources Department 20. A Resolution of the City Council of the City of Vernon authorizing the City to obtain state and federal summary criminal history information for employment, licensing or certification purposes. Recommendation: (1) Find that approval of the proposed resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt the resolution authorizing the City of Vernon to obtain State and Federal Summary Criminal History information for employment, licensing, or certification purposes. Police Department 21. Approval of an Interagency Memorandum of Agreement for Mental Evaluation Unit Partnership between the Los Angeles County and the Cities in the Southeast Region. Recommendation: (1) Find that the approval of the proposed Interagency Memorandum of Agreement (“MOA”) is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the MOA with the Los Angeles Department of Mental Health (“DMH”), in substantially the same form as submitted with the staff report, and authorize the Mayor to execute the MOA on behalf of the City, for the purpose of forming a mental health evaluation unit in the Southeast region that will assist law enforcement agencies with providing mental health-related clinical services to members of the public during field situations. Public Works, Water and Development Services Department 22. Authorization to Accept Electrical Easement at 3480 26th Street. Recommendation: (1) Find that the acceptance of the proposed Electrical Easement is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Accept the Electrical Easement, in substantially the same form as attached to the staff report, and authorize the Mayor to execute said document. / / / / / / Regular City Council Meeting Agenda February 17, 2015 Page 6 of 6 OLD BUSINESS 23. City Council Determination in the Grievance Appeal Process Regarding the City of Vernon Firemen’s Association Grievance of Article, Three, Section 7 of the 2012-2014 MOU – Merit Step Advancement. Recommendation: (1) Find that the staff report outlining the background of and staff’s recommendation to deny a grievance filed by the City of Vernon Firemen’s Association (“VFA”) is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Deny the grievance filed on behalf of the Vernon Firemen’s Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memorandum of Understanding between the VFA and the City. ORAL REPORTS 24. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 25. City Council Reports – brief report on activities, announcements, or directives to staff. CLOSED SESSION 26. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Daniel Onopa vs. City of Vernon Workers Compensation Appeals Board Claim No. 12002824 ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 12th day of February 2015. By: ________________________________ Maria E. Ayala City Clerk RECIFi\ ED DATE: TO: FROM: RE: FEB 0 4 20i5 CITY CLERKS OIFICE STAFF REPORT HUMAN RESOURCES DEPARTMENT RECEIVED FEB 0 2 2015 CITY ADM I N ISTRATI I I i.I February 17,2015 Honorable Mayor and City Council Teresa McAllister, Director of Human ResourcelfiU Service Pin Awards for January 2015 Recommendation City Council to present Service Pins to those employees hired in January. Background Submitted herewith lists the employees who are eligible to receive their service pins based on the number of service years with the City of Vernon. Fiscal Impact None. 2015 SERVICE PIN LIST JANUARY ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS [erry Winegar Police Police Lieutenant 71811990 25 Donald Vanover Police Police Officer u30l7ee5 20 Belinda Arellano Police Police Dipatcher u312000 15 Shirley Salas Finance Business License Clerk 1l3l1ee5 20 City of Vernon DATE & TIME: PURPOSE: 4305 Santa Fe Avenue Vernon, CA 90058 (323) s83-881 I NOTICE OF RF-SCIIEDULED PUBLIC IIEARING REGARDING TIIE PROPOSED VACATION OF PORTION OF AYERS AVENI]E AI\D NOTICE OT' INTEI{T TO ADOPT hIEGATIVE PI"ACE: DECLARATION The City of Vernon will conduct a Public Hearing which you may attend. Vernon CityHall CityCouncil Chambers 4305 SanhFeAvenue Vemon, CA 90058 Tuesday, February L7,20lS et 9:(X) a.m. (or as soon thereafter as tre matter can be head) To consider: (l) The City ofVemon int€mds to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance witlt Division 9 ofthe Streets and Highways Code ofthe State of Califomia (commencing with Section 8300) ofierwise known as the Public Streets, Highways and Service Easements Vacation law; and (2) the adolion of aNegative Declaration in accordance with the California Environmental Quality Act determining that the proposed sheet vacation will not have a sigrificant effect on the environment. A copy ofthe propod sbeet vacation and proposed negative declaration will be available for public review during normal business hours in the Vemon Public Works, Water & Dwelopment Services Departnent, located at 4305 Santa Fe Avenue, Vemon, Califomia, from January 13, 2015 to February 17 , 2015 . The public is also invited to submit written comments prior to the hearing, You may submit written comments on the proposed negative declaration until9:00 a.m. on February 17,2015. Comments received after that date may not receive full consideration. lfyou challenge the adoption of the proposed steet vacation, and the adoption ofthe Negative Declaration you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in wriften correspondence delivered to ttre City ofVemon a! or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing Dated: City of Vernon 4305 Santa Fe Avenue Vemon, CA 90058 (323) s83-881 I NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED VACATION OF PORTION OF AYERS AVENUE AND NOTICE OF INTENT TO ADOP{ NEGATTVE DECLARATION PI.ACE: DATE & TIME: PT]RPOSE: The City of Vemon will conduct a Public Hearing, which 1ou may atend. Vernon CityHdl CityCouncil Chambers 4305 Sanh Fe Avenue Vernon, CA 90058 Tuesday, February 3,2015 st 9:fi1a.m. (or as soon thereafter as the maEer can be heard) To considen (l) The City of Vemon intends to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance with Division 9 of the Steets and Highways Code of 0re Sate of Califomia (commencing wiflr Section 8300) othenvise known as the Public Sheets, Highwap and Seruice Easemens Vacation law; and (2) 0re adoption of a Negative Declaration in accordance wittr 0re Califomia Environmental Quality Act determining ttrat the proposed sheet vacation will nothave a sigrificant effect on the envfuonment. A copy of the proposed stneet vacation and proposed negative declaration will be available for public rwiew drring normal business hours in the Vemon Public Works, Water & Development Services Deparlmen! located at 4305 Santa Fe Avenue, vernon, Californi4 from January 13, 2015 to February 3,2015. The public is also invited to submit wrifien comments prior to the heaing. You may submit written comments on the proposed negative declaration until 9:00 a.m. on February 3 ,2015. Comments received after that date maynot receive full consideration. If you challenge the adoption of the proposed street vacation, and the adoption of theNegative Declaration you may be limited to raising only those issues you or som@ne else raised at the hearing described in this notice or in written correspondenoe delivered to the City of Vemon at, or prior to, the meeting. The hearing may be continued or adjoumed or cancelled and place without further notice of a public hearing. t-,;. i.\: ii!, ir!.i l( tr,1,:l l a 'j to a stated time and Dated:r \r,\r t .t, RECETVED FEB I 0 2015 CITY ADMII!ISTRATI(][I STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SE DATE: TO: PREPARED BY: APPROYED BY: RE: February l7r20l5 Honorable Mayor and City Council Samuel Kevin Wilson, Director of Public Works, Water & Development Services A Resolution of the City Council of the City of Vernon vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a Negative Declaration pursuant to the California Environmental Quality Act Recommendation It is recommended thatthe City Council: l. Adopt the attached resolution vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act, which Authorize the sale of Ayers Avenue. 2. Authorize the City Administrator to execute a quitclaim deed, on behalf of the City, remising, releasing and quitclaiming any interest and claim by the City of Vernon in the property. Backsround This portion of Ayers Avenue was dedicated to the City of Vernon for street purposes as part of a grant deed dated September 3, 1985. It was the City's intention to utilize the acquired additional right-of-way to widen the intersection approach of Ayers Avenue south of Bandini Boulevard. The improvements to widen the intersection were never completed and the portion of right-of-way is currently an unused strip of land behind the east sidewalk on Ayers Avenue just south of Bandini Boulevard. The City has abandoned its initial intent and no longer plans to widen Ayers Avenue. Rationale for Vacation Section 8324 of the California Streets and Highways Code (SHC) provides that a general vacation may be ordered by the City Council if it finds that the public right-of-way proposed to be vacated is unnecessary for present of prospective public use. The City currently must maintain and perform weed control at this site. Due to the uneven surfaces the site poses a potential liability if someone were to trip and fall. Therefore, it is in the Public's best interest to dispose of this excess land. The proposed vacation meets this criterion because sufficient right-of-way width would remain to comply with City sfieet standards as set forth in the City's General Plan, ordinances and development polices. Ens The portion of right-of-way being vacated contains approximately 4,679 square-feet of land. Since there are no utilities within the proposed right-of-way, no easements or relocations are required as part of the vacation. As part of the vacation and for a valuable consideration, the City intends to transfer the vacated portion of Ayers Avenue to an adjoining property owner. The City's General Plan designates Ayers Avenue as a local street with no proposed improvements for widening or realignment. The current width of the Ayers Avenue roadway conforms to the General Plan requirements, therefore the vacation of this portion of Ayers Avenue that is not currently used as street right of way will conform to the City's General Plan. Reouired Transoortation Findins State law requires that prior to vacating any right-of-way the legislative body must determine that the area to be vacated would not be useful as a non-motorized transportation facility. Presently, the area to be vacated does not contain and would not be needed to accommodate such facilities in the future. Adequate right-of- way currently exists which accommodates sidewalks along the east side of Ayers Avenue. Public Hearins Notification Vacation procedures have being completed in accordance with Division 9 of the Streets and Highways Code, otherwise known as the Public Streets, Highway and Service Easements Vacation Law. This included posting a notice on the portion of the street to be vacated for at least two weeks prior to the hearing and placing a notice in the local newspaper on January 29,2015 and February 5,2015. The City's Engineering Division prepared an Initial Study dated January 5,2015, in accordance with the California Environmental Quality Act (CEQA), which found that the proposed vacation could not have a significant effect on the environment. It is recommended that a negative declaration be adopted and a notice of determination be filed with the County Clerk. Notification of Utility Comnanies All utility agencies providing service in the project area have been notified about this proposed vacation. No comments have been received to date. Any comments received from the utilities will be forwarded to the Council. Disposition of Vacated Rieht-of-Wav The City owns fee title to the right-of-way area proposed to be vacated. California Streets and Highways Code (SHC) Section 8355 authorizes the City to sell or exchange the vacated area. Staff proposes to sell the vacated area to 4490 Ayers Avenue for $25,000. Fiscal Imnact The City sale of the vacated area to 4490 Ayers Avenue, LLC, would result in receipt by the City of $25,000. SHC Section 8357 specifies that the purchase price be credited to any fund available for the same purposes for which the property was used. No additional fiscal impacts are associated with the project. SKW:lm Attachments ir lnitial Study Street Vacation Portion of Ayers Avenue (Strip of land located South of Bandini Boulevard) Lead Agency Name & Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Contact Person & phone: Kevin VVilson Director of Public Works, Water & Development Services (323) 583-881 1 January 5, 2015 CEQA Environmental Checklist Form 3. 2 1. Contact Person and Phone Number: Project Title: Lead Agency Name and Address: General Plan Designation: Zoning: 4. Project Location: 8. 6. 7. 5.Project Sponsor's Name and Address: City of Vernon Vacation of a portion of Ayers Avenue South of Bandini Boulevard City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Kevin Wilson Director of Public Works, Water & Development Services (323) s83-8811 City of Vernon 4305 Santa Fe Avenue Vernon, CA 9005 lndustrial "l-Zone", Industrial 9 10 Description of the Project: The City intends to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance with Division 9 of the Streets and Highways Code of the State of California (commencing with Section 8300) othennrise known ai tne public Streets, Highways and Service Easements Vacation Law. Sunounding Land Uses and Setting: The surrounding land use is industrial. The City of Vernon is primarily made up of industrial and distribution type facilities. The proposed portion of Ayers Avenue to be vacated is bordered by Ayers avenue on the west, Bandini Boulevard on the north and a parking lot to the east and south. Other public agencies whose approval is required:. None tnitiat Study CEQA Environmental Checklist Street Vacation - Portion of Ayers Avenue Environmental Factors Potentially Affected : The environmental factors checked below would be potentially affected by this pro.lect, involving at teast one impact that is a "Potentially Significant lmpact'' as indicated by the checklist on the following pages. Determination: On the basis of this initial evaluation: El I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wilt be prepared. tr I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent A MITIGATED NEGATIVE DECLARATTON wifl be prepared. tr I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. tr I find that the proposed project MAY have a "potentially significant impact,, or ,,potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must anatyze only the effects that remain to be addressed. tr I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION purcuant to applicable stiandards, and (b) have been avoided or tr Aesthetics tr Biological Resources D Hazards & Hazardous Materials n Mineral Resources tr Public Services O Utilities/Service Systems mitigated mitigation tr Agriculture and Forestry Resources D Cultural Resources tr Hydrology/Water Quality tr Noise O Recreation tr Greenhouse Gas Emissions tr Air Quality tr Geology/Soils E Land Use/Planning tr Population/Housing E Transpo(ation/Traffi c tr Mandatory Findings of Significance to that earlier EIR or NEGATIVE DECLARATION, inctuding revisions or that are imposed upon the proposed prolect, nothing further is required. / -/ry'Lf Signature Street Vacation - Portion ofAyers Avenue lnitialStudy CEQA Environmental Checklist 4.. 1. AESTHETICS. Would the project: lssues and SuoDortino lnformation Sources Potentially Significant lmnaef Potentially Significant Unless Mitigation lnanroomted Less Than Significant lmoact No lmoact a.Have a substantial adverse effect on a scenic vista?x b.Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hiqhway? x c.Substantially degrade the existing visual character or quality of the site and its surroundinqs? x d Create a new source of substantial light or glare which would adverselv affect day or nighttime views in the area? x Discussion 1.) a. through d. The proposed vacation will have no impacts on the aesthetics of the City. Discussion 2.) a. through e. The proposed portion of street to be vacated is located in the "strictly industrial" City of Vernon The City has no agricultural farmland or agricultural use. There is no existing or proposed zoning for forest land or issues relating to conversion of forest land to non-forest use. The site is zoned l, "lndustrial", per the City of Vernon Zoning Code. No agricultural uses are permitted under the current zoning designation. Therefore, the project would not lnitial Study CEQA Environmental Checklist 2.AGRTCULTURE AND FOREST RESOURCES. ln determining whether impacb to agricultura! rcsources are significant environmental effects, lead agencies may refer to the Galifornia Agricultura! Land Evaluation and Site Assessment Modet (1997) preparod by the Galifornia Dept. of Conservation aa an optional model to use in assessing impacts on agriculturc and farmland. ln determining whether impacts to forest lesources, including timberland arc significant environmental effects, lead agenciee may refer to information complied by the California Department of Forestry and Fire Protection rcgarding the state's inventory of forest land, including the Forest and Range Assessment Proiect and the Fotest Legacy Assessment proiect; and forest carbon measurement methodology provided in Forest Prctocols adopted by the California Air Resources Board. - Would the proiect: lssues and Supporting lnformation Sources Potentially Significant lmoact Potenlially Significant Unless Mitigation lncoroorated Less Than Significant lmoact No lmn2cJ a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide lmportance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- aqricultural use? x b Conflict with existing zoning for agricultural use, or a Williamson Act contract? x c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(9)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined bv Government Code section 511 104(g))? x d Result in the loss of forest land or conversion of forest land to non-forest use? x e lnvolve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? x Street Vacation - Portion of Ayers Avenue t\' conflict with existing agricultural resources, or zoning. No impacts would occur, and no mitigation measures would be necessary. Discussion 3.) a. through e. The proposed vacated street is a small portion of Ayers Avenue consisting of a strip of land that is not currently used as a roadway, but is rather an excess strip of vacant land, located behind the sidewalk and currently paved with asphalt. The proposed vacation will have no impact on air quality. The Ci$ of Vernon is located within the South Coast Air Basin of California. The basin covers a 6,600-square mile area within Orange County, non{esert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the basin is monitored by the South Coast Air Quali$ Management District ('AQMD') at 35 monitoring stations throughout the area. The monitoring station nearest to the City of Vernon is the Pico Rivera station. Readings at the station are used to characterize air quality in the City of Vernon. 3.AIR QUALIW. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the proJect: lssues and SuDDortino lnfomation Sources Potentially Significant lmnacl Potentially Significant Unless Mitigation lneorooraled Less Than Significant lm6a.J No mnra, a Conflict with or obstruct implementation of the applicable air oualitv olan?x b Violate any air quality standard or contribute substantially to an existinq or proiected air qualitv violation?x c Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? x d Expose sensitive receptors to substantial pollutant concentrations?x e Create objectionable odors affecting a substantial number of oeople?x 4. BIOLOGICAL RESOURCES. Would the proiect? lssues and SuDportinq lnformation Sources Potentlally Significant lmDmt Potentally Signilicant Unless Mitigation lncnroorated Less Than Significant lmoacl No lmDecl a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? x b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? x c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other x Street Vacation - Portion of Ayers Avenue lnitial Study CEQA Environmental Checklist means? d.lnterfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? x e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? x f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? x Discussion 4.) a. through f. The proposed vacated street is a small portion of Ayers Avenue consisting of a strip of land that is not currently used as a roadway, but is rather an excess strip of vacant land, located behind the sidewalk and currently paved with asphalt. Vernon is in a highly developed industrial area. No vegetation or natural habitat exists on the proposed vacation location. No wildlife has been identified proximate to the project, nor are there wetlands or riparian areas nearby. The project will not alter or disperse any migration corridors. No impacts would occur, and no mitigation measures are necessary. 5. CULTURAL RESOURGES. Would the project: lssues and Supporting lnformation Sources Potentially Significant lmDa{, Polentially Significant Unless Mitigation lnmromted Less Than Signilicant lmoacl NO moact a.Cause a substantial adverse change in the significance of a historicalresource as defined in Section 15064.5?x b.Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?x c Directly or indirectly destroy a unique paleontological resource or site or unique qeoloqic feature?x d Disturb any human remains, including those interred outside of formal cemeteries?x Discussion 5.) a. through d. Vernon is highly industrialized; no known unique historic, resources, or religious or sacred uses exist in the vacation area. Therefore, archeological, paleontological ethnic cultural no impact is expected. 6. GEOLOGY AND SOILS. Would the project: lssues and Suooortino lnformation Sources Potentially Significant lmoact Potentially Significant Unless Mitigation ln..mtraled Less Than Significant lmba(* No mnecl a Expose people or structures to potential substantial adverse effects, includinq the risk of loss, iniury, or death involving:x t.Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geoloqy Special Publication 42. x Stronq seismic ground shaking?x Seismic-related qround failure, includinq liquefaction?x V Landslides?x Street Vacation - Portion of Ayers Avenue lnitial Study CEQA Environmental Checklist a\ b Result in substantial soil erosion or the loss of topsoil?x c Be located on a geologic unit or soilthat is unstable, orthat would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? x d Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or orooertv? x e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? x Discussion 6.) a. i. through iv. Vacation of the portion of Ayers Avenue will not expose people or structures to any potential substantial adverse effects. 6.) b. through e. The portion of street that is proposed to be vacated is a strip of land that is flat and overlaid with asphalt concrete. 7. GREEENHOUSE GAS EMISSIONS - Would the project: lssues and SuoDortinq lnbrmation Sources Potentially Significant lmoact POten0aIy Significanl Unless Mitigation ln6lmEled Less Than Significant lmnacl No morcl a.Generate green gas emissions either directly or indirectly, that may have a significant impact on the environment?x b.Conflict with an applicable plan, policy or regulation adopted for the ouroose of reducino the emissions of oreenhouse oases?x Discussion 7.) a. and b. Vacation of the proposed portion of Ayers Avenue will not generate any green gas emrssrons. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: lssues and Supporting lnformation Sources Potentially Significant lmoraJ Potentially Significant Unless Miligataon lncamoraled Less Than Significant lmoacl No moact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? x b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? x c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? x Street Vacation - Portion of Ayers Avenue lnitial Study CEQA Environmental Checklist d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? x e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for oeople residinq or workinq in the proiecl area? x f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the proiect area? x g.lmpair implementation of or physically interfere with an adopted emeroencv response plan or emerqencv evacuation plan?x h Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x Discussion 8.) a. through h. The proposed vacation will not result in any additional hazards. The local Certified Unified Program Agency (CUPA) regulates use and storage of hazardous materials at any facility within the City of Vernon, which is the City of Vernon Environmental Health Department. All facilities within the City are regularly inspected by the Vernon Fire and Environmental Health Departments for code violations. The inspections are made to reduce the potentialfor urban fires and chemical releases. The Vernon Fire Department has a fully manned hazardous materials unit. All personnel are trained in hazardous material response. The proposed vacation will not impact existing regulations and permitting requirements. Therefore, this impact will be less than significant. 9. HYDROLOGY AND WATER QUALITY. Would the project: lssues and Supporting lnformation Sources Potentially Significant lmnacJ Potentially S0nificant Unless Mitigation lnmrDoEted Less Than Significant lmDacl No mnact a.Violate any water quality standards or waste discharge reouirements?x b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.9., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been qranted)? x c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? x d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? x e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? x Street Vacation - Portion of Ayers Avenue lnitial Study CEQA Environmental Checklist i! f Othenrvise substantiallv deq rade water qualitv?x o Place housing within a 10O-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood lnsurance Rate Map or other flood hazard delineation map? x h Place within a 100-year flood hazard area structures which would impede or redirect flood flows?x t.Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? x j lnundation by seiche, tsunami, or mudflow?x Discussion 9.) a. through j. The proposed vacation will have no impact on the hydrology, water quality or water consumed in the City. 10. LAND USE AND PLANNING. Would the project: lssues and Supporting lnformation Sources Potentially Significant lmoact Potentially Significant Unless Mitigation lnanrnoraled Less Than Signilicant lm nari No mnaal a Phvsically divide an established community?x b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, speciflc plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitiqatinq an environmental effect? x c Conflict with any applicable habitat conservation plan or natural community conservation plan?x Discussion 10.) a. through c. The proposed vacation area is zoned l-zone, (lndustrial). The City of Vernon is primarily made up of industrial and distribution type facilities. The proposed vacation conforms with the zoning ordinance as well as with the General Plan, local codes as they now exist. Therefore, it will not conflict with any environmental plans or policies. 11. MINERAL RESOURCES. Would the project: lssues and Supporting lnformation Sources Potentially Significant lmDact Potentially Signiflcant Unless Mitigation lnnorodrated Less Than Significant lmnaal No mhraJ a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? x b Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? x Discussion 11.) a. and b. The proposed vacation will have no impact on any mineral resources. Street Vacation - Portion of Ayers Avenue lnitial Study CEQA Environmental Checklist 8 12.NOISE. Would the project result in: lssues and Supporting lnformation Sources Potentially Significant Potenttally Significant Unless Mitigation lncomorated Less Than Significant lmdaart No mnrct a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? x b Exposure of persons to or generation of excessive ground- borne vibration or ground-borne noise levels?x c A substantial permanent increase in ambient noise levels in the oroiect vicinitv above levels existinq without the proiect?x d A substantialtemporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the oroiect? x a For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise Ievels? x f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? x Discussion 12.1 a. through f. Ayers Avenue is within an industrial area where the sunounding manufacturing and warehousing uses are not noise sensitive. The street vacation will not result in any noise. 13. POPULATION AND HOUSING. Would the project: lssues and Supporting lnformation Sources Potentially Significant lmDact Potentally Significant Unless Mitigation lncorDorated Less Than Signilicant lmnaal No mheaJ a lnduce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? x b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?x c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?x Discussion 13.) a. through c. This project will have no impact on population growth, nor will it displace any existing housing or people. Street Vacation - Portion of Ayers Avenue lnitial Study CEQA Environmental Checklist 14. PUBLIC SERVICES. Potentially Significant Unless Mitigation Discussion 14.1a. The vacation is located in a highly industrialized and developed are. The proposed street vacation will not pose a need for new or altered fire, police, school, parks or other public facilities within the City of Vernon. The proposed vacation is a strip of land behind the existing east sidewalk of Ayers Avenue. Less Than Significant Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmentalfacilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance for anv of the public services: 15. RECREATION. lssues and SuoDortino lnformation Sources Potentially Signiflcant lmoact POtentralry Significant Unless Mitigation lncorDorated Less Than Signiflcant lmoact No lmoad a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? x b.Does the project include recreationalfacilities or require the construction or expansion of recreational facilities which might have an adverse ohvsical effect on the environment? x Discussion 15.) a. and b. No population increases or displacements are caused by this project. As such no recreational facilities or publicparks are impacted in any way. 16. TRANSPORTATION/TRAFFIC. Would the project: lssues and SuDoortino lnformation Sources Potentially Significant lmoacl Potent|ally Significant Unless Mitigation lncorDorated Less Than Significant lmoact No mDaci c,Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but limited to intersections, streets, highways and freeways, x Street Vacation - Portion of Ayers Avenue 10 lnitial StudY CEQA Environmental Checklist oedestrian and bicvcle oaths. and mass transit? b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or hiqhways? x c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? x d Substantially increase hazards due to a design feature (e.9., sharp curves or dangerous intersections) or incompatible uses (e.q., farm equipment)? x e.Result in inadequate emergency access?x f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? x Discussion 16.) a. through f. The vacating portion of said street it is currently an unused strip of land behind the east sidewalk on Ayers Avenue just south of Bandini Boulevard. Ayers Avenue is a local street with very light traffic loads. The neighboring intersections operate at an acceptable level of service. Therefore, the proposed vacation will not increase vehicle trips or traffic congestion. 17. UTILITIES AND SERVICE SYSTEIUS. Would the project: lssues and Supporting lnformatbn Sources Potenlially Significant lmoect Potentally Signiticant Unless Mitigation lncorDofated Less Than Significant lmDacl No moact a Exceed wastewater treatment requirements of the applicable ReqionalWater Quality Control Board (RWOCB)?x b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant envi ron menta I effects? x Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? x d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? x a Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existinq commitments? x f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?x g Comply with federal, state, and local statutes and regulations related to solid waste?x Street Vacation - Portion of Ayers Avenue 11 lnitial Study CEQA Environmental Checklist i: Discussion 17.1a. through g. The proposed vacation is located in an area that is fully urbanized and serued by an existing extensive electrical and gas infrastructure. The vacation will not result in the need for new power lines or natural gas systems. No utilities are located within the proposed vacated strip. Existing utilities within the Ayers Avenue rightof- way will be maintained in place. 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: lssues and Suooortinq lnformation Sources Potentially Significant lmoect POtenttalry Significant Unless Mitigation lncomoraled Less Than Significant lmDaci No mDact a.Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the maior periods of California history or prehistory? x b.Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? x c.Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectlv? x Discussion 18.) a. through c. As previously indicated the project is the vacation of a small portion of Ayers Avenue consisting of a strip of land that is not currently used as a roadway, but is rather an excess strip of vacant land, located behind the sidewalk and currently paved with asphalt. The project is located within the City of Vernon, zoned "1" lndustrial.The City of Vernon is primarily rirade up of industrial and Oistribution type facilities witfi limiteO plant life. Plant life is limited t6 non-native and ornamental species, which are used for landscaping. Animal life in Vernon and nearby urban communities consists of bird, reptile and mammal species that live in close proximity to man. There are no endangered species in Vernon. There is no evidence or important examples of major periods of California history in Vernon. Therefore, the proposed street vacation will create no impact. There will not be an impact on long-term environmental goals. The proposed vacation will not cause a cumulative impact to air quality, traffic, noise, groundwater, surface water, or exposure to hazardous materials, and will not create any impact to sensitive receptors, except that the project may cause a less than significant impact on greenhouse gas emissions. Therefore, the proposed street vacation will have no impact on the environment. lnitial Study CEQA Environmental Checklist Street Vacation - Portion of Ayers Avenue L2 a NOTICE OF DETERMINATION To: Los Angeles County From: City of Vernon Registrar-Recorder/County Clerk 4305 Santa Fe Avenue lz400lmperial Highway Vernon, CA 90058 Norwalk, CA 90650 Lead Agency: City of Vernon Phone Number: (323) 583-88111245 Contact Person: Samuel Kevin Wilson Subject Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Numben N/A Project Title Vacation of a portbn of Ayers Avenue south of Bandini Boulevard Project Applicant: City of Vernon Project Location (inctude county) 4305 Santa Fe Avenue, Vernon, CA 90058 - Los Angeles County Project Description: The City of Vernon intends to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance with Division 9 of the Streets and Highways Code of the State of California (commencing with Section 8300) otherwise known as the Public Streets, Highways and Service Easements Vacation law This is to advise that the City of Vernon has approved the above described project on Februarv 17. 2015 and has made the following determinations regarding the abovedescribed project: l The project will not have a significant effecbn the environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. A statement of Overriding Considerations was not adopted for this project. 4. Findings were not made pursuant to the provisions of CEQA. This is to certi$ that the Negative Declaration with comments and responses and record of project approval is available to the general public at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, CA 9005& Signature @ublic Agency):.Title: Directorof Public Works. Water & Development Services Date:Date Received for filing at County Clerk: RECORDING REQIJESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 SantaFeAvenue Vernon, CA 90058 Attention: City Clerk MAIL TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'S USE QUITCLAIM DEED TIIE LJNDERSIGNED GRANTOR(s) DECLARE(s) : FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, CITY OF YERNON, a body corporate and politic ("Grantor"), hereby remises, releases and quitclaims to 4/l9O AyERS AYEI\[]E, LLC, a Califomia limited liability company (collectively, "Grantee'), its successors and assigns, all right, title, interest and claim of the City in the property located in the City of Vernon, Los Angeles Cormty, California, as described in Exhibit "A" and shown in Exhibit *B" atrached hereto and incorporated herein by this reference. Dated: CITY OF VERNON, A Califonda chartered city ATTEST, By:By: W. Michael McCormick, Mayor Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: Hema Patel, City Attomey By: On State of California County of before me, , (Insert Name of Notary Public and Title) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/trer/their signature(s) on the instrument the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) EXHIBIT TIATT TITOSB FORTIONS OF IJOTS M AND I I I OFT1IE RANCHO LAGUNA AS SHOWN ON MAP FILED AS EXHIBIT "A'' IN I-rOS ANGELES SLJPERIOR COURT CASE No. 8-25296, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 6387 AT PAGES I ET SEQ. oF DEEDS IN THE OFFICE OF TIIE COUNTY RECORDER OF SAID IrOS ANGELES COI-INTY, MORE PARTICT'LARLY DESCRIBED AS FOLI.OWS: BEGINNING ATA FOINTINTHE SOUT1IEIILYLINEOF BANDIM BOI.'LEVARDAS DESCRIBED INT}IE DEED RECPRDED IN B@K 3860 AT PAGE 2I4 OF OFFICI.AL RECORDS IN TIIE OFFICE OF SAID COT.INTY RECORDER, WHIOI POINTLIES NORTII67"40'55"WESTALONGTTMCENTERLIMOFSAIDBANDINI BOULEVARD A DISTANCE OF 1420.39 FEE']f, TI{ENCE SOUTH 22019'05" WEST /t0 FET FROM AN INERSECTION WTIH TI{E CENTBRLINE OF ATLANTIC BOULBVARD (FORMERLY PASADENA AVENI.]E) AS DESCRIBED IN TT{E DEED RECORDEDINB@K 864AT PAGE 3I7 OFSAIDOFFICIAL RECORDS WHICH POINTALSOLIES INTHE WESTERLY LINE OF THAT CERTAIN PARCEL OF I.AND DESCRIBED IN TIIE DEED OF DENVER CHICAGO TRUCKING COMPA}TY, INC., RECORDBD AS DOCTJMENT 1334 OF FEBRUARY 24,1958IN B@K D 2I AT PAGB 672 OF SAID OFFICIAL RECORDS. SAID LASTMENIIONED POINT BEINGTI{E TR.I,,E POINT OF BEGINNING ANDTHENORTHEASTCORNER OFTHEC.IC WLLIAMS & CO. PROPERTY DESCRIBED IN THE DEEDOFC.K WILLIAMS & CO., RECORDED AS D 754 AT PAGE 670 OF SAID OFFICIAL RECORDS OF SAID COI.JNTY; THENCE NORTH 67"40'55" WEST 20 FEET AIJONG THE NORTHEASTERLY LINE OF SAID C.K WILLIAMS & CO. PROPERTY; TIIENCE SOUTH 22"19'05" WEST 100 FEET TO A POINT OF TANGENCY; THENCE AITONG A 986.87 FOOT TANGET.IT CURVE CONCAVED NORTH}VESTERLY 285.23 FEET TO A POINT OF CUSP; THENCE NORTH 38"52'4I"EAST213,79 FEE-TTO A POINT INTHE SOUTHESATERLY LINEOF SAID C.K. WILLIAMS & CO, PROPERTY; TTIENCE NORTHEASTERLY ALONG SAID SOUTIIEASTERLY LINE TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM T}IAT PORTION DESCRIBED AS FOLIOWS: BEGINNING AT TI{E ABOVE DESIGNATBD IRUE FOINT O['BEGINNING; THE}'KE NORTH 67"40'55" WEST 20 FEET; THEiICE SOUTI{ 22'19'05" WEST 50 FBET TrO A FOINT ON A TANGENT CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 40 FEET; TIIENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLEOF6OOOO'0I", AN ARC LENGTH OF41.89 FEETTO A POINTON THE SOUTHEASTERLY LINE OF SAID C.K. WILLIAMS & CO. PROPERTY; THENCE NORTIIEASTERLY ALTONG SAID LINE NORTI{ 22"19'05" EAST 15.36 FEETTO THE POINT OF BEGINMNG. MAP ATTACTIED AS EXHIBIT'ts". PAGE I OF 1 f ,/; Ii li i VACATED PORTION OF AYERS AVE. CONTAINS: t4,679.20 SQ. FT. 77 EXH!B!T "B" SHEEI 1 OF ,I { : 'Ei "aLLJ --D.:\=J:JE-=.1 ;a,o tF:E:a6 {l-a q2 a{)- .f,i 6t 3c,z.: I 1 rr I RESOI-,UTTON NO. A RESOLUTION OF THE CITY COUNCTL OF THE CITY OF VERNON VACATING A PORTION OF AYERS AVENUE SOIITH OF BANDINI BOULEVARD AND ADOPTING A NEGAT]VE DECI,ARATION PURSUANT TO THE CA]-T FORNIA ENV I RONMENTAL OUAIITY ACT WHEREAS, thats cerEain port.ion of Ayers Avenue, approximat,ely 4,579 square-feeE of land located wiEhin the City of Vernon is deemed no longer necessary for present or prospective street purposes; and WHEREAS. said portion of Ayers Avenue was dedicated to the Citsy of vernon for street, purposes as part of a grants deed dated seplemlcer 3, 1985; and WHEREAS, it was the city's intention to utilize the acquired additsional right-of-way Eo widen the intersectsion approach of Ayers Avenue souEh of Bandini Bouf evard,' and WHEREAS, the improvements t,o widen the intersection were never completed and tshe portsion of right-of-way is currently an unused strip of land behind t.he east sidewalk on Ayers Avenue just souEh of Bandini Boulevard, therefore, the City has abandoned its initial inEent and no longer plans to widen Ayers Avenue; and WHEREAS, City intends to transfer the vacatsed portlon of Ayers Avenue tso an adjoining property owner; and WHEREAS, the City Council has examined the locaEion, purpose, and extsent of said portion of said stsreet and has reviewed Ehe conformity of said proposed vacatsion with the ceneral Plan and the Zorrirrg Ordinance of the cicy of Vernon; and WHEREAS, the Public works, Water and Devel-opmenE Services Department. issued an hitial Study dated ,January 5, 2O'L5, Eo determine whether the proposed project will have adverse impact.s on the environment and has determined that the proposed project will not have a significant. adverse effect on t.he environment, and the Director of Public works. Wat.er and Development Services has recommended that a Negative DeclaraEion be adoptsed in compliance wiEh Ehe California Environmental Quality Act 1"grt^" ) ; and WHEREAS, the City of Vernon has provided notice of its intent to adopt a NegaEive Decfaration for Ehe proposed project and has provided a public review period of noE less than 20 days, as required by the California Environmental Ouality Ac! and the StaEe CEQA Guidelines,' and WHEREAS, tshe ciEy Clerk published a notsice of tshe public hearing in accordance wiEh Government Code section 5066 in the Vernon Sun. which was deEermined to be a newspaper of general circufation,' and WHEREAS, on February L7, 20L5, Ehe City Council of Ehe City of Vernon held a public hearing on Ehe considerat.ion of tshe vacation of a portion of Ayers Avenue souEh of Bandini Boulevard; and IIHEREAS, vacation procedures have been compleled in accordance with Division 9 of the Streets and Highways Code, oEherwise known as the Public Streets, Highway and service Easementss Vacation Law; and WHEREAS, the City Council has heard and considered all evid.ence, both written and ora1, presented in consideration of the proposed vacation of a portion of Ayers Avenue, approximately 4,679 square-feet of tand, and soulh of Bandini Boulevard in Ehe City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the CiEy of Vernon hereby 2 finds and determines that the above recitals are true and correct. SECTION 2:The City Council of the City of Vernon finds that the porEion of Ayers Avenue, approximately 4,579 square-feet of Iand, and south of Bandini Boufevard in the City of Vernon is no longer necessary for public road purposes. SECTTON 3: The City Council of t.he City of Vernon finds street as described is inthat the vacat.ion of said portsion of said tshe public interest. SECTION 4: The Cit.y Council of the CiEy of Vernon furt.her finds Ehat all persons have had Ehe opportunity to be heard or to file written comments Eo Ehe proposed Ayers Avenue vacation and after due consideration of al-I t.he evidence submitted at the pubfic hearing determines Ehat there are compelling reasons tso justsify vacating a port,ion of Ayers Avenue. approximately 4,679 sguare-feet of Land, and souEh of Bandini Boulevard in the City of Vernon. SECTIoN 5: The City Council of the Citsy of Vernon further finds on the basis of t.he whoLe record before iE (including Ehe iniEial study) that there is no substantj-al- evidence chac tshe street vacation will have a significant effect on the environment individually or cumulatively, and that tshe Negative DeclaraEion reflecEs Ehe City's independent j udgments and analysis, and on the basis of said findings the City CounciL hereby approves and adopts the Negative Decfaration for the streeE vacation in accordance with t.he California Environmental Quality Act . SECTION 5: The City Councif of the City of Vernon hereby approves the Initial Stsudy daEed ,fanuary 5, 201-5, a copy of which documents have been submitted to the City Council concurrently herewith, and Che City CLerk, or Deputy City CLerk. is directed t.o 3 receive and f il-e them. Such documents and other materials which constitute tshe record of proceedings in t.his mat.Eer shafl be maintained in t.he office of tshe City Clerk who is and shalf be Ehe custodian Ehereof. SECTIoN 7: The City Council of the City of Vernon hereby directs the City Clerk, Determination in regard vacation. Deputy City C1erk, to file a Notsice of the environmental impact of said street or to SECTIoN 8: The City Council of the City of Vernon does hereby order the vacat.ion of t.hat porEion of Ayers Avenue, approximately 4,679 square-feet of 1and, and south of Bandini Boulevard, as shown on the attached Exhibits A. The vacation of said portion of Ayers Avenue, approximately 4,679 square-feet of 1and, and souEh of Bandini Boulevard, is pursuant to the provisions of Division 9 of the streets and Highways code of Ehe State of California (commencing witsh section 8300) otsherwise known as the Pubfic street.s, Highways and Service Easementss Vacation Law. SECTfoN 9: The City Cferk, or Deputy City C1erk, of lhe City of Vernon is hereby instructed to cause a certified copy of Ehis Resofut.ion of vacation. aEtested by Ehe City cIerk, or DepuEy City CLerk, under tshe seal of the CiEy of Vernon. Eo be recorded without acknowledgemenE, certificate of acknowledgmen!. or further proof in the office of the county Recorder of the Countsy of Los Angeles, and said recordation shal-l- be exempt from recording fees. SECTION 10: From and after the date on which this Resol-ution is recorded with the County Recorder of t.he County of Los Angel-es, the vacat.ion of a poreion of Ayers Avenue, approximat.ely 4,679 sguare-feet of 1and, and south of Bandini Boulevard, sha11 be compleEe and no 4 longer constituted as a street in the City of Vernon. SECTION 11: The City C1erk, ot Deputy City Clerk, of the City of Vernon shal-1 certify to the passage, approval and adoption of this resolution, and the City C1erk, or Deputy City C1erk, of the City of Vernon shaI1 cause this resolutj-on and the City Clerk's, or Deputy City Clerk's, certifj-cation to be entered in the File of Resolutions of the Councj-I of this City. APPROVED AI{D ADOPTED this 17ch day of February, 201-5. Name: Title: Mayor / Vtayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk 5 STATE OF CAIIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I,, City Clerk / Deputy CiUy Clerk of the City of Vernon. do hereby certify that the foregoing Resolution, being Resolut.ion No. _, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeEing of the City Council duly held on Tuesday, February 17. 20L5, and t.hereafter was duly signed by Ehe Mayor or Mayor Pro-Tem of the City of Vernon. Execut,ed this day of February, 20f5, aE Vernon, Cafifornia. City Clerk / Deputy City Clerk ( SEAL ) 6 EXHIBIT A ---\ '---'--------8: ^---- - /t' /r- ,i/ 'l-=\..---_-_______ '"rir)-a<^&_ ---\--k=l=,,--"'" V;\\\\_ca>_ \---- .,--------'Zer o -'-""'-<=:=--== - --.-_q-----------_-____- az")-{*_\_ H*.., ^ ,{\,'/"& {t, t',.t\, i---:11-:, .4o,.t.,. ,I/* / i fi ----.-Y-------\rrr.- , ,'! \, - I -o..- s / \S/,,;',i "t/. ----\ -b;.--- ;1' ^-,t,$ t--_-a": f i "d'oo ---l{--j,r Ji \-, YY Itu RANCH0 LAGUNA ,? , BOOK 6397 CURVE ARC LENGTH RADIUS DELTA ANGLE C1 285.23'986.87'16'33',36 c2 41.89'40.00'60'00'01 EXHIBIT ''A'' ,' ii ,' ,/ ii f pAGES 1 ET sEe. oF DEEDSt/l///t//i CONTAINS: *,4,679.20 SQ. FT. /,t //r/Iti,',)';y' / A N N.T.S. SHEET 1 OF 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 3, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Maisano, Martinez MEMBERS ABSENT: Davis The meeting was called to order at 9:00 a.m. by Mayor McCormick; Councilmember Maisano led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that there are no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Vernon business owner TJ Lodrup addressed the Council and expressed his concerns regarding the business license fees. Lodrup explained that he is charged twice because he has two business locations in Vernon. He inquired whether this issue can be addressed. NEW BUSINESS 1. Resolution No. 2015-04 - A Resolution of the City Council of the City of Vernon appointing Maria Ayala to serve as the City Clerk of the City of Vernon and approving and authorizing the execution of a related employment agreement. Recommendation: (1) Find that the approval of the proposed resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt the resolution appointing Maria Ayala to serve as the City Clerk of the City of Vernon effective February 9, 2015, and approving and authorizing the execution of an at-will employment agreement. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2015-04. Motion carried, 3-0. Mayor McCormick administered the oath of office. Newly appointed City Clerk Maria Ayala, thanked everyone; she looks forward to serving the City of Vernon. PRESENTATIONS 2. City of Vernon 2nd Quarter 2014-2015 Financial Update by the Finance Director. Finance Director William Fox conducted the presentation providing an update on the second quarter financial results for fiscal year 2014-2015, the City’s investment portfolio, and bond refunding. In response to Independent Reform Monitor John Van de Kamp, Fox confirmed that the information provided includes depreciation and further explained. In further response to Van de Regular City Council Meeting Minutes February 3, 2015 Page 2 of 7 Kamp, Fox advised that elements such as depreciation and cash flow statement can be highlighted in future presentations. CONSENT CALENDAR It was moved by Martinez and seconded by Maisano to approve all matters listed under the Consent Calendar under one motion. Motion carried, 3-0. Claims Against the City – Received and Filed 3. Claim for Damages received on January 26, 2015 from Arturo Zurita, Zurita Trucking/Naihart Transport in an amount in excess of $50,000. 4. Claim for Damages received on January 27, 2015 from Mario Rojas in an amount to be determined. 5. Claim for Damages received on January 27, 2015 from Rosalva Saavedra in an amount to be determined. Minutes – To be Received and Filed 6. Minutes of the Regular City Council Meeting held January 20, 2015. Warrant Registers 7. Approval of City Warrant Register No. 1417, totaling $1,876,835.69, which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of wire transfers totaling $865,860.72; and b. Ratification of the issuance of early checks totaling $767,268.39; and c. Authorization to issue pending checks totaling $243,706.58. 8. Approval of Light & Power Warrant Register No. 382, totaling $4,250,362.44, which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of wire transfers totaling $3,732,264.28; and b. Ratification of the issuance of early checks totaling $439,352.08; and c. Authorization to issue pending checks totaling $78,746.08. 9. Approval of Gas Warrant Register No. 170, totaling $21,692.29, which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of the issuance of early checks totaling $15,026.55; and b. Authorization to issue pending checks totaling $6,665.74. Police Department 10. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1 through January 15, 2015, to be received and filed. NEW BUSINESS City Administration Department 11. Resolution No. 2015-05 - A Resolution of the City Council of the City of Vernon adopting an amended and restated citywide fringe benefits and salary resolution in accordance with government code section 20636(b)(1) and repealing all resolutions in conflict therewith. Regular City Council Meeting Minutes February 3, 2015 Page 3 of 7 Recommendation: (1) Find that approval of the proposed resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt the resolution, effective December 28, 2014, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution, to reflect the following corrections and transfers to Exhibit A – Classification and Compensation Plan: a. Director of Human Resources Classification - Y1- frozen monthly salary should read $16,333.34 instead of $16,333. Pay grade should read E40. b. Fire Chief Classification - Minimum salary should read $15,530 instead of $15,531. c. Transfer IT Group from the Gas & Electric Department to the City Administration Department. d. Delete Y1 Salary Step - $9,537 from Programmer/Analyst Classification e. City Council and Mayor pay grade should read O01 instead of 01. Human Resources Director Teresa McAllister reported on the proposed, advising that this is a clean-up item to address minor corrections. There is no fiscal impact. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2015-05. Motion carried, 3-0. 12. Appointment to the Vacant Vernon Area Representative Seat on the Vernon CommUNITY Fund Grant Committee. Recommendation: (1) Find that the appointment of individuals to serve on the Vernon CommUNITY Fund Grant Committee is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Appoint one of the following two candidates to fill the vacant Vernon Area Representative seat on the Vernon CommUNITY Fund Grant Committee: - Norma E. Rodriguez - Rafael Gonzalez It was moved by Maisano and seconded by Martinez to appoint Rafael Gonzalez to serve as a member of the Vernon CommUNITY Fund Grant Committee. Motion carried, 3-0. 13. Adoption of Amended Form At-Will Employment Agreements for City Of Vernon Executive and Staff Attorney Positions. Recommendation: (1) Find that approval of the proposed form at-will employment agreements for City of Vernon executive staff are exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve and adopt the amended form at-will employment agreements (safety and non-safety) to be used for City of Vernon executives and staff attorneys (except the City Administrator and City Attorney). (3) Authorize the City Administrator or City Attorney to complete, execute, and when applicable, renew the appropriate form at-will employment agreement for each current and newly hired executive and staff attorney. Human Resources Director Teresa McAllister conducted the oral report on the proposed form at- will employment agreements for safety and non-safety. It was moved by Maisano and seconded by Martinez to adopt the amended form at-will employment agreement for City of Vernon Executive and Staff Attorney positions. Motion carried, 3-0. Regular City Council Meeting Minutes February 3, 2015 Page 4 of 7 Finance Department 14. Approval and Authorization to enter into an Attorney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe, LLP to serve as Bond & Disclosure Counsel to the City of Vernon relating to Electric Bond Financing Transactions. Recommendation: (1) Find that the approval of the proposed agreement is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3). The general rule is that CEQA only applies to activities that may have an effect on the environment. Legal services provided in a bond financing are not subject to CEQA; and (2) Approve the Attorney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe, LLP (“Orrick”), in substantially the same form as submitted with the staff report, and authorize the City Administrator to execute the Agreement for a one year period for an amount not-to-exceed $165,000.00 to serve as Bond & Disclosure Counsel for the upcoming Electric Bond Financing Transactions. This entails providing general bond counsel and disclosure counsel services. The cost for bond counsel services is $100,000 and disclosure counsel services is $65,000 for a total of $165,000. Competitive bidding is not required pursuant to Vernon Municipal Code Section 2.17.12(a)(10) (Professional Services). Based upon Orrick’s in depth knowledge of the City’s existing bond covenants, legal and technical expertise in municipal bond financing, outstanding legal representation on prior City electric bonding & tax transactions, and competitive market pricing obtained, it has been determined that the best interest of the City is served by a direct award of the contract. Finance Director William Fox reported on the selection. In response to Independent Reform Monitor John Van de Kamp, Fox advised that the proposed fees are substantially less than in previous years. Additionally, the City will not incur any expenses unless the transaction goes through. The rates are comparable to SCPPA (Southern California Public Power Authority). It was moved by Maisano and seconded by Martinez to approve the attorney services agreement with Orrick, Herrington & Sutcliffe, LLP. Motion carried, 3-0. 15. Resolution No. 2015-06 - A Resolution of the City Council of the City of Vernon approving and adopting an updated whistleblower policy and repealing all resolutions in conflict therewith. Recommendation: (1) Find the adoption of the resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the resolution adopting an updated Whistleblower Policy which provides for the enactment of the City’s updated Whistleblower Policy & Fraud Hotline. Such approval will allow the City to further strengthen its Whistleblower policy including the launching of a Fraud Hotline. Finance Director William Fox reported on the proposed policy, he noted that the policy incorporates the recommendation made by the financial auditors. It was moved by Martinez and seconded by Maisano to approve Resolution No. 2015-06. Motion carried, 3-0. Gas and Electric Department 16. Approval of Change Order No. 2 to the Existing Consulting Services Agreement with Engineering Partners, Inc., for the Detailed Design and Preparation of Plans Regular City Council Meeting Minutes February 3, 2015 Page 5 of 7 for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River Bridge. Recommendation: (1) Find that the approval of Change Order No. 2 the Consulting Services Agreement with Engineering Partners, Inc., (“EPI”), is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (“CEQA”) in accordance with Section 15063. The lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070; and (2) Approve and authorize the City Administrator to execute Change Order No. 2, in substantially the same form as submitted with the staff report, to the existing consulting services agreement with EPI for services related to additional detailed design and preparation of plans to reconstruct the overhead electric system on the west side of the Atlantic bridge, for a compensation amount not-to-exceed $125,000; thereby increasing the total contract value to a not-to-exceed amount of $272,385. Electric Resources Planning & Development Manager Abraham Alemu reported and explained the request for a Change Order. It was moved by Maisano and seconded by Martinez to approve Change Order No. 2 to the consulting services agreement with Engineering Partners, Inc. Motion carried, 3-0. Health and Environmental Control Department 17. Approval of the Agreement Accepting the Reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection by Crown Disposal Company, Inc., and allowing the Reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection to Recology Los Angeles c/o Recology Inc. Recommendation: (1) Find that approval for the request is exempt under the California Environmental Quality Act (“CEQA”) in accordance with section 15061 (b)(3), the general rule that CEQA only applies to projects that may have any effect on the environment; and (2) Approve the Agreement, in substantially the same form as submitted with the staff report, accepting the reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection held by Crown Disposal Company, Inc., and assigning the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection to Recology Los Angeles c/o Recology Inc. Director of Health and Environmental Control Leonard Grossberg reported on the reassignment. Independent Reform Monitor John Van de Kamp inquired whether Recology Inc. (“Recology”) has natural gas vehicles. Joe Matz of Recology advised that Recology will be taking over the current fleet; any new additions will be clean energy vehicles. It was moved by Martinez and seconded by Maisano to approve the reassignment of the non- exclusive franchise agreement for commercial solid waste collection from Crown Disposal Company to Recology Los Angeles c/o Recology Inc. Motion carried, 3-0. Public Works, Water and Development Services Department 18. Approval of a Notice Inviting Bids - Contract CS-0533 for the Rehabilitation of Production Well No. 16. Regular City Council Meeting Minutes February 3, 2015 Page 6 of 7 Recommendation: (1) Find that the proposed Notice Inviting Bids is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency’s determination; and (2) Approve the Notice Inviting Bids, per Contract CS-0533 for the Rehabilitation of Production Well No. 16. Director of Public Works, Water and Development Services Kevin Wilson reported on the request. It was moved by Maisano and seconded by Martinez to approve the notice inviting bids for Contract No. CS-0533. Motion carried, 3-0. 19. Rejection of all Bids – for Equipping Well No. 21 and Related Site Work – Contract No. CS-0484. Recommendation: (1) Find that the request is not subject to the California Environmental Quality Act (“CEQA”) because, under Guidelines 15270 CEQA does not apply to projects which a city disapproves; and even if it were subject to CEQA, it would be exempt in accordance with Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency’s determination; and (2) Approve the rejection of all bid proposals, received on December 9, 2014, per Contract CS-0484 for Equipping Well No. 21 and Related Site Work, and authorize staff to re-advertise and solicit bids for Equipping Well No. 21 and Related Site Work. Director of Public Works, Water and Development Services Kevin Wilson conducted the oral report. In response to Independent Reform Monitor John Van de Kamp’s concerns, Wilson advised that the bid will be redrafted to make the required information clear. It was moved by Maisano and seconded by Martinez to reject the bids for Contract No. 0484, and authorize staff to re-bid the contract. Motion carried, 3-0. ORAL REPORTS 20. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 21. City Council Reports – brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on recent incidents in the City, including a major traffic collision incident that occurred on January 21, 2015. A community alert will be issued, providing awareness of recent fraudulent activity. Calleros also reported on changes to the asset forfeiture equitable-sharing program, noting that it should not have an effect on the City. In response to Independent Reform Monitor John Van de Kamp’s concerns regarding the abuse that initiated the change in the asset forfeiture equitable-sharing program process, Calleros reported on the established review process for all cases. Police Captain Michael Gillman reported on two incidents of vandalism. Fire Chief Michael Wilson announced that the Fire Department remains at a Class 1 for the ISO (Insurance Services Office) rating. The hiring process for the firefighter position is anticipated to conclude in April. Wilson provided updates on the LA RICS construction and training center. Wilson further reported on the January 21, 2015, traffic collision incident. Director of Public Works, Water and Development Services Kevin Wilson reported on the zoning ordinance public workshop. Another workshop is scheduled for February 5, 2015. Regular City Council Meeting Minutes February 3, 2015 Page 7 of 7 In response to Mayor McCormick, Wilson provided an update on the City Hall reconfiguration project. Electric Resources Planning & Development Manager Abraham Alemu also reported on the January 21, 2015, traffic collision incident and the resulting power outage. Alemu noted Edison’s delayed response to the incident. Finance Director William Fox announced the commencement of the budget process. Fox noted the City’s fraud protection efforts which include the implementation of a new whistleblower policy approved earlier this day. Director of Health and Environmental Control Leonard Grossberg reported on the conclusion of the food and non-food truck inspections. Grossberg announced the Green Vernon Commission (GVC) meeting scheduled to be held on March 18, 2015 at 3:30 p.m. In response to Independent Reform Monitor John Van de Kamp, Grossberg advised that Chairperson Honda and Commission Member Garcia of the GVC formed a subcommittee to formulate topic for GVC meetings. In response to Mayor McCormick, Grossberg advised that an e-waste event is anticipated to be held in April or May of this year. Director of Human Resources Teresa McAllister reported on Department’s legal compliance with 2015 HR requirements. The department continues to be involved in several recruitments. McAllister advised that a new sick policy will be presented for Council consideration at a future date in order to address compliance with a new Act which impacts the City. Economic Development Manager and Successor Agency Staff Alex Kung announced that the next Oversight Board to the Successor Agency meeting is scheduled to be held on February 5, 2015, at 4:00 p.m. The Recognized Obligation Payment Schedule, is agendized for said meeting. City Administrator Mark Whitworth advised that Independent Reform Monitor John Van de Kamp’s semi-annual report is available; a presentation on the report is scheduled for the next Council meeting. Whitworth reported on Council members’ and staffs’ attendance to the Independent Cities Association conference. Whitworth announced the Vernon CommUNITY Fund Grant Committee meeting on February 18, 2015, at 10:00 a.m. The Vernon Village Park Apartments lottery is scheduled for March 3, 2015, at 6:00 p.m. With no further business, at 10:27 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Maria E. Ayala City Clerk REGF*t\flf-*D FEB 1 12015 CN CLIRKSOIIICE DATE: TO: FROM: RE: STAFF REPORT FI NANCE/TREASU RY DEPARTM ENT February 10,2015 Honorable Mayor and City Council r/ William Fox, Finance Direc ,orfrT Ratification of the City Warrant Registers for Gity Council Agenda of February 17,2015 REGEflVED FEB I O :::5 CITY AllNiliJl: r,lr'' It is recommended that the ratification of the following warrant registers to record the following voided checks be considered at the City Council meeting of February 17, 2015. 1. City Warrant Register No. 1409to record voided Check No.345342 in the amount of $15.00 issued 10/07/'14 to Alex Kung. 2. City warrant Register No. 14'16to record voided Check No.346283 inthe amount of $90.00 issued 0'U201'l5lo Advanced Electronics, lnc. 3. City Warrant Register No. 1416to record voided Check No.346272 inthe amount of $997.53 issued 01/08/15 to Nxkem Products LLC. CITY OF VERNON ACCOUNTS PAYABLE CHECK NO DATE P O NUMEER DESCRIPTION NISCOLINT 090414 \,n (b cLtt 09t04t2014 vL tn:efun I EXPENSE REIMBURSEMENT r,JKrts l*C'i (oh/rt E ls +ttt,l 0.00 15.00 W rslrg'tt4A-15.00 PLEASE DETACH BEFORE DEPOSITING City of Vernon 4305 Santa Fe Ave Vernon, CA90058 (323) 583-8811 PAY Fifteen Dollars and No Cents TOTHE ALEX KUNG ORDER OF PAYABLE THROUGH EAST WEST BANK 2O9O HUNTINGTON DR . 2ND FLOOR SANMARINO CAS1108 1010712014 CITY OF VERNON ACCOUNTS PAYABLE CHECK NO.346283 INVOICE NUMBER DATE P.O NUMBER OESCRIPTION DISCOUNT 146070rN r,(1 rh (t 11126t2014 rutilC Maintenance & Repairs t+tb q zlzl s 4rr4 0.00 90.00 \/0 tlr iY EN(4 2l?J lSrlrvl 90.00 PLEASE DETACH BEFORE DEPOSITING City of Vernon 4305 Santa FeAve Vernon, CA90058 (323) 583-8811 PAY Ninety Dollars and No Cents PAYASLE THROUGH EAST WEST BANK 2O9O HUNTINGTON OR ,2ND FLOOR SAN MARINO, CA S1108 TO THE ORDER OF ADVANCED ELECTRONICS, INC. 2601 MANHATTAN BEACH BLVD. REDONDO BEACH, CA 90278 Irro !l l. E 28 !lrr! r: I 2 20 ?O lB Ir: 80 I E ? ?B !lrr. NOACCOUNTS PAYABLE CHECKCITY OF VERNON TO THE ORDER OF City of Vernon 4305 Santa FeAve Vernon, CA90058 (323) s83-8811 PAY Nine Hundred Ninety Seven Dollars and Fifty Three Cents PAYAELE THROUGH EAST WEST BANK 2O9O HUNTINGTON OR , 2ND FLOOR SAN MARINO, CA S1'IO8 NXKEM PRODUCTS LLC P.O. BOX 330 BOILINGBROKE, GA31OO4 INVOICF NUMBER DATE P-O. NUMBER DISCOUNT 1079411 \/nrn 0)qt 12t11t2014 WL'tn 011 .0010238 ziltrlrl i VARIOUS HAND TOOLS lrcls t+N4 000 997.53 @ tltglrs +r\4 997.53 PLEASE DETACH BEFORE DEPOSITING oo479o I otrcatzots rrro!lLE 2? 2rrr r!l ? IO?O18 !r: 80lE 2?Ellttr REGEE\/tr8 FEB 1 1 20i5 CITY CLERK'S OFFICE STAFF REPORT FINANCE/TREASU RY DEPARTM ENT RECEIVED FEB I 0 20t5 CITY ADMINISIRAIION February ',0,2015 TO: FROM: RE: Honorable Mayor and City Counctfu. William Fox, Finance Direc,o, fi Ratification of the Light and Power Warrant Registers for City Council Agenda of February 17,2015 It is recommended that the ratification of the following warrant registers to record the following voided checks be considered atthe City Council meeting of February 17, 2015. 1. Light and Power Warrant Register No. 378 to record voided Check No. 5'11117 in the amount of $150.75 issued 11/25l'14 to Jorrie Estrada. CITY OF VERNON, LIGHT & POWER - ACCOUNTS PAYABLE CHECK NO. 511117 111014 vDrn (1,h,( 11t10t2014 UIC IV Zlc,n EXPENSE REIMBURSEMENT zlzl ts+lrt/t 0.00 150.75 i/0 (-10 lh a^lb l+noD(Ait,rrant 2l2l ti ltwt 150.75 DETACH BEFORE DEPOSITING PAY TO THE ORDER OF COPY City of Vernon - Light & Power 4305 Santa Fe Ave Vernon, CA90058 (323) s83-8811 One Hundred Fifty Dollars and Seventy Five Cents JORRIE ESTRADA PAYSLE THROUGH EAST WEST EANK 2O9O HUNTINGTON OR , 2NO FLOOR SAN MARINO, CA 91108 EOPY COPY REGE$\{F-D FEB 1 t 2015 CW CLERKSOIIICE TO: FROM: RE: February 9, 2015 Honorable Mayor and Gity Council William Fox, Finance Direc tordt STAFF REPORT FINANC E/TREASU RY DEPARTM ENT RECEgVED FEB I O 2CI5 CITY ADMINISIRATION City Payroll Warrant Register for City Gouncil Agenda of February 17,2015 It is recommended that the attached Payroll Warrant Register No. 704 be apprcved at the City Council meeting of February 17,20',t5 Payroll Warrant Register No. 704 totals $2,711,985.09, and covers claims and demands presented for January 1, 2015 to January 31, 2015, drawn from East West Bank, PayrollAcmunt. The following list details the components of Payroll Warrant Register No. 704: 1. Ratification of direc-t deposits, checks and taxes totaling $1,961,783.17; and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling $750,201.92. Raquel Franco l2l1ol2o157:40 AM No. PAYROLL WARRANT REGISTER City of Vernon 704 Month of January 2015 I hereby Certify: that claims or demands covered by the above listed warrants have been audited as to accuracy and availability of funds for payments thereof; and that said claims or demands are accurate and that funds are available for payments thereof. William Fox Director of Finance Date: This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for pay- ments DATE DATE Page 1 of 1 Payroll Warrant Regisier Memo xls : Warranl Pavrolls reported for the month of Januarv: 12114114 - 12127114, Paydate 01/08/15 12114114 - 12127114, Paydate 01/08/15 12128114 - 01 110115, Paydate 01 12211 5 Date Payment Description Amount Payment Method Checks ACH ACH Checks ACH ACH Checks ACH ACH ACH ACH ACH 346275 346264 346268 346280 346281 ACH ACH ACH ACH 34639'1 346381 346398 346404 346405 01/08/15 01/08/15 01/08/15 01t08t15 01/08/1 5 01/08/1 5 01/08/15 01108115 01/08/15 12t24t14 12124114 12t24t14 12124114 12t24114 01t08t15 12t24114 12t24114 0'1/08/15 01t08t15 01t08t15 01t08115 01t08115 01t08t15 01t22t15 01t22t15 01t22t15 Net payroll, checks Net payroll, direct deposits Payrolltaxes Net payroll, checks Net payroll, direct deposits Payrolltaxes Net payroll, checks Net payroll, direct deposits Payrolltaxes 23,072.32 728,452.82 205,712.18 151.97 9,726.08 5,145.40 22,029.22 749,111.41 218,381.77 1,961,783.17 $ 2,711,985.09 Tota! net payroll and payroll taxes ICMA CaIPERS California State Disbursement Unit Sandra Bingman Franchise Tax Board IBEW Dues Vernon Firemen's Association Vernon Police Officers' Benefit Association CaIPERS ICMA CaIPERS California State Disbursement Unit Sandra Bingman Franchise Tax Board Teamsters Local 91'1 Vernon Firemen's Association Vernon Police Officers' Benefit Association 24,382.37 323,889.92 3,855.11 2,000.00 180.00 2,634.96 3,215.00 1,887.60 6,756.75 25,576.65 342,027.13 3,438.51 2,000.00 1,020.32 2,235.00 3,215.00 1,887.60 750,201.92 Payroll related disbursements, paid through General bank account Total net payrol!, taxes, and related disbursements Page '1 of I RECE[\/ED FEB 1 I 2015 CITY CLERK'S OFFICE TO: FROM: RE: RECE[VED FEB I 0 2ii5 CITY ADNlINISTRATIONSTAFF REPORT FINANCE/TREASU RY DEPARTM ENT February 10, 2015 Honorable Mayor and City Council William Fox, Finance Direc ,orfr City Warrant Register for City Council Agenda of February 17,2015 It is recommended thatthe attached CityWarrant Register No. 1418 be approved atthe City Council meeting of February 17,2015. City Warrant Register No. 1418 totals $1,026,142.74, and covers claims and demands presented during the period of January 27 through February 9,2015, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1418: 1. Ratification of wire transfers totaling $476,053.30; 2. Ratification of the issuance of early checks totaling $384,694.32; and 3. Authorization to issue pending checks totaling $165,395.12. CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for payments thereof. This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: William Fox Finance Director Date: P tinled. 21 1 0 l2O1 5 2:4 I :20PM Page 2 oi 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE WIRE ISSUED NUMBER AMOUNT ICMA RETIREMENT TRUST 457 CALPERS STATE BOARD OF EQUALIZATION O11.2OO250 011.150199 011.150199 011 1004.466900 Fund 011 - 4Q14Pmt Fund 055 - 4Q14Pmt Fund 056 - 4Q14Pmt Fund 011 - 4Q'l4Adjustment Deferred Compensation: Payment PERS Contributions: Payment PERS Survivor's Benefit; Payment PERS Buy-back: Payment PERS Contributions; Adjustment FSA - Dependent: Payment FSA - Medical; Payment Child Support: Payment Groundwater Production o11.210220 o11.210240 o11.210240 o11.210240 0'11 .1004.502020 01',I.100013 011.100013 011.210260 020 1084.500110 267.35 183.32 22.28 0.05 46,985.17 324,628.57 233.43 't,541.64 -0.15 497.68 311.93 3,838.07 97,543.96 123114 123114 123114 123114 Ben1791'12 Benl79114 Ben179114 Ben179114 Ben179114 8en179118 Ben'179118 Ben'17912O 113014 01t3012015 o2to512015 1122 1122 1122 1122 473.O0 't't23 46,985.17 1124 't't24 1',t24 1124 326,403.49 1125 1125 809.61 't't26 3,838.07 't127 97,543.96 $ 476,053.30 o2to9t2015 CIry OF VERNON, FSAACCOUNT STATE DISBURSEMENT UNIT WATER REPLENISHMENT DISTRICT o2to5t2015 o2to912015 02to6t2015 TOTAL WRES P inled: 2t 1 0 l2O1 5 2:41 2oPM Page 3 ol 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17 ,2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT AEGIS ITS, INC. AFTAC ANTHONY ENCINAS 8705 685381 8P1488665 8Pt490014 329236t329239 44 674 01t2912015 012912015 01129t2015 o112912015 01129t2015 01t29t2015 0'u2912015 01t29DO15 346498 1,890.92 346499 6,011.65 346500 468.70 346501 346501 2,218.66 346502 1,415.74 346503 3,764.29 346504 346504 12,000.00 346505 1,294.07 346506 011.1043 590000 1.890 92 Preventative Maintenance O11.210223 6,011.65 Supplemental lns - 1'll'14 011 1031.596500 468.70 CA Robbery lnvestigator Association 0'12615 BRENNTAG PACIFIC, lNC. 020.1084.500140 1,569.16 Chlorine 020.1084.500140 649.50 Chlorine BRENNTAG PACIFIC. lNC. 020.1084.500140 1,415.74 Chlorine BROADBAND LLC CALIFORNIA CONSULTING, LLC 011 1002.596200 6,000.00 Grant Writing Services 011 1002.596200 6,000.00 Grant Wriling Services 057 1057.500173 3,764 29 Provide lnternetAccess Services - 1N0215201520037 057.0000034 COLONIAL SUPPLEMENTAL INS O11 210223 '1,294 07 Supplemental lnsurance: 12114 771364712010480 EC DION & SONS, INC.. Pnnted: 2]1012015 2"41 20PM 011.'120030 7,362 79 Unleaded Fuel 609201/609200 011.0010310 Page 4 al 2A CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT DION & SONS, INC.,011 .120030 011.120030 0'1'1.'120030 011.120030 011.'t 20030 011.'120030 011.120030 011 .120030 011 .120030 01't .120030 01't .120030 011 120030 0'1'1.120030 011.'120030 011.120030 011.5031 .560000 011.1003 520000 01'l .'1004 520000 011.'1003 520000 Fed Oil Spill Recovery CA Lead Poisoning AB 32 LAB Tax 0.130% Enviromental Compliance Fee Fuel Surcharge State Excise Tax Diesel Fuel. Fed Oil Spill Recovery AB 32 LAB Tax 0.130% Environmental Compliance Fee Fuel Surcharge State Excise Tax 60920'1/609200 609201/609200 609201/609200 60920'l /609200 60920't/609200 609201/609200 609201/609200 609201/609200 609201/609200 60920'l/609200 609201/609200 609201/609200 609201/609200 609201/609200 609201/609200 011115 290205788(B) 290205788(B) 290927083 346506 346506 346506 346506 346506 346506 346506 346506 346506 346506 346506 346506 346506 346506 346506 15,204.',t7 346507 43.00 346508 346508 8.21 3.65 15.96 9.61 5.95 7.50 't,641.24 5,O12.27 4.90 8.25 6.53 5.95 7.50 283.47 820.39 0 1 1 .001 031 0 0 1 't .00'1 031 0 011.0010310 011.0010310 011.00'103'10 011 .00103'10 01 1 .001 03'1 0 01 1 .001 03't 0 0 1 1 .001 031 0 011 00103'10 011.0010310 011.0010310 0'1 1 .001 031 0 0'11.0010310 OISH NETWORK FEDEX FEDEX Ptinled: Z1O|2O15 2 412OPM 43.00 Service Pe(iod: 1124 - 2123 o1t29t2015 o1129t2015 21.44 Service Period: 01/'15 29.64 Service Period: 01/'15 13.56 Service Period: 0'l /1 5 51.080'|29t2015 346509 Page 5 ot 28 CITYOFVERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT L B. JOHNSON HARDWARE CO. #'1 011 1033 520000 Hardware supplies- Membership Dues Elevator Maintenance Coverage Period: 01/15 Coverage Period: 0'l /'l 5 Basic: B. Potler (No PR Benefit) Voluntary Life lnsurance: Payment VLT; B. Potter (No PR Ded) Voluntary Life lnsurance: Payment Auto Parts- LEAGUE OF CALIFORNIA CITIES LOS ANGELES ELEVATOR SERVICES METLIFE - GROUP BENEFITS I\4IG HOGLE-IRELAND, INC, I\4UTUAL OF OMAHA 011.1002.596550 011.1049.590000 o't1.210222 01'1.1026.502031 011.1041 .595200 0'11.1031 .502030 011.210230 011 .1031 .502030 011.210230 011.1046.520000 011.1043.520000 21.36 73.73 312.50 27,086.'16 4,533.20 670378 147615 7629 010115 0101't5 Ben'178550 Ben'178550 Ben178763 8en178763 '120'l14vRS 25630 011.0009932 01t2912015 01t29t2015 01129t2015 0112912015 13 56 3465'1 0 21.36 346511 73.73 346512 312.50 346513 346513 31 ,619.36 346514 5,022.78 3465'15 346515 346515 346515 3,027 15 346516 2,331.52 346517 5,022.78 General Plan Update as per the Services 39421139320 011.0007503 2.O5 524.36 46.50 2,454.24 2,331 .52 o't t29t20't5 o'U29t2015 01t29t2015 01t29t2015 NAPAAUTO PARTS SILVA'S PRINTING NETWORK Ptinted 211012015 2 41 2APM 011 .0010024 011.0010249224.98 "Daily Time And Work Repo(" forms, Page 6 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE CHECK ISSUED NUMBER AMOUNT SMITH-EIVIERY LABORATORIES STAPLES ADVANTAGE SILVA'S PRINTING NETWORK STAPLES ADVANTAGE 020 1084.520000 0'11 1043.520000 020 1084.520000 011 .1060 520000 011.1060 520000 011.1060 520000 011.1060 520000 011 .1043.900000 011.1060 520000 011.1060.520000 011 .1041 .520000 020 1084 520000 01'l .1043.520000 011.1040.520000 01'1 .1041 .520000 020.1084.520000 011.1043.520000 011.1040.520000 224.98 20.25 20.25 64.00 64.00 64.00 ,t7.28 4,848.00 495.96 44.64 55.79 23.65 94.55 23.97 5.02 2.13 8.51 2.15 01129t2015 01t2912015 "Daily Time And Work Report" forms, 8.5 Sales Tax Sales Tax City of Vernon Health & Environmental City of Vernon Health & Environmenlal City of Vernon Health & Environmental Sales Tax Boyle & Fruitland lmprovements Office Supplies- Sales Tax Office Supplies, - Office Supplies, - Office Supplies, - Office Supplies, - Sales Tax Sales Tax Sales Tax Sales Tax 25630 ZCOJU 25630 25648 25648 25648 25648 4213713 122014VRS(C) 122014VRS(C) 122014VRS(B) 122014VRS(B) 122014VRS(B) 122014VRS(B) 122014VRS(B) 122014VRS(B) 122014VRS(B) 122014VRS(B) 0'11.0010249 011.0010290 0'11.0010290 011.0010290 346517 3465',t7 3/,6517 3465't7 346517 3465'17 346517 699.74 346518 4,848.00 346519 346519 540.60 346520 346520 3/6520 346520 346520 346520 346520 346520 215.77 0'11.0010286 011.0010287 011.0010287 011.0010287 011 0010287 0'129t2015 Ptinled: 2l I 0 l2O1 5 2 4 1 :2oPM 01129t2015 Pa9e7 ol28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 EARLY CHECKS ACCOUNT OATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT STATE BOARD OF EQUALIZATION 060 6060 520000 1,'103.13 USTMaintenance Fees 01'l.1033.560000 651 02 Service Petiod: 01114 011.1043.560000 243.23 ServicePeriod:0'l/14 011.1049.560000 486.46 Service Period: 01/14 020 1084.560000 243.23 Service Petiodt 01114 THE GAS COMPANY TYLER TECHNOLOGTES, lNC. 011.9019.590110 6,515.86 Setup and Ops Permits - Dept2- 45123426 011.0009622 012515 01141sVRS 01141sVRS 0'l141sVRS 01141sVRS 55839 43353967 01t29t2015 u6521 '1,103.13 u6522 346522 346522 346522 1,623.94 346523 6,515.86 u6524 1,639.55 346525 1,639.52 346526 1 ,158.14 346527 1,550.00 u6528 '165.89 Page I ot 28 VCI TELCOIVI,INC VCI TELCOM,INC, 057 0000030 057.0000030 01t2912015 01129t20't5 01t29120't5 01t29t2015 01129t2015 o2t03t2015 o2to3t2015 057 1057.596200 '1,639.55 Fiber Optic Maintenance & Emergency 30064 057.1057.596200 '1,639 52 Fiber Optic Maintenance & Emergency 30102 WILLIAM M. MCCORMICK 01'1.1001.593200 1.158.14 Legal Fees - Res. No.2014-53 012615 CBIZ VALUATION GROUP, LLC 011.'I025.595200 'I,55O,OO VENDORTO PROVIDE PROFESSIONAL CHEVRON AND TEXACO 0'11.1031 570000 165.89 Service Petiod:12122- 01122 BUSINESS 011 0010121 Pnnbd'.2J1ol2O 15 2 41'.2OPM CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT COMMUNICATIONS SUPPLY 057 1057.5200'10 '104.21 Communic€tion Supplies for the Vernon 858333 057.0000047 CORP,, COMPRESSEDAIR SPECIALTIES 011 1033 590000 1,713.51 Maintenance Services tNc 24385 COUNryOF LOS ANGELES 01'1.1043.900000 140,573.57 Cooperative Agreement No.75449 SA150000097 25030 020215 o2103t2015 o21o3t2015 02,o3t2015 o2to3t2015 o2to3t2015 346529 104.21 346530 1 ,713.51 346531 o2to312015 140,573.57 346532JOEA GONSALVES&SON 011.1002 596200 5,000.00 Contract Services LA AREA FIRE CHIEFS ASSOC. 011 1033.596700 300.00 Annual Captain's Academy- 5,000.00 346533 300.00 346534 4,783.20 346535 346535 346535 346535 346535 346535 346535 346535 I\4EDTRONIC/PHYSIO-CONTROL 011 1033 596200 4,783.20 Technic€l Service Support Agreement- 415030871 011.0008694 MERRIMAC ENERGY GROUP 011.120030 6,078 04 Unleaded Fuel. 14.04 CA Enviro/Fed Oil Spill Tax 1'1 .09 AB32 Fee Phase 3&4 011 120030 1,436.04 State Gasoline Excise Tax 011 120030 3.99 Lust Fee 01'1.120030 4,262.53 Diesel Fuel. 8.08 AB32 Fee Phase 3&4 4.76 Fedetal Oil Spill Tax 011.120030 011.120030 011 120030 011.120030 2150163t2150164 011.0010360 215016312150164 011.0010360 2150163t2150164 0'11.0010360 2150',t6312150164 011.00'10360 215016312150164 011.0010360 2150163t2150164 011.0010360 2',t50163t2150164 0'11.0010360 2150163t2150164 0't1.001 0360 Pmled 2J'lOl2A15 2 41:2OPM Page I of 28 CITY OF VERNON WARMNT REGISTER NO. 1418 FEBRUARY 17 ,2015 EARLY CHECKS VENDOR OISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT NORTH PARK HOA 011 1048.560000 230.00 Association Dues: 2915 60th Place 012015 011.1048 560000 230.00 Association Dues: 6010 Oak St. 012015(B) SCPLRC CONFERENCE 011 '1026 596700 220.00 Conlerence Registration- REGISTRATION 020215 SOUTHERN CALIFORNIA EDISON 011 1043.560000 8453 Service Period: 12115 - 01115 011615 UPS I\4ERRIMACENERGYGROUP O11,,I2OO3O 011 .'120030 011 .'120030 DtvtstoN oF THE STATE 011.200235 Ptinted: 2110120'1 5 2:41 :20PM 274.23 Slale Diesel Excise Tax 2.49 Lust Fee 742.70 011 1041.595200 22 60 Service Period: 01/15 011.1033.520000 32.09 Service Period: 01/15 011.1040.520000 26.91 Service Period: 01/15 011.1041.520000 53.55 Service Period: 01/15 2150163t2150164 011.0010360 2',15016312',t50164 ol 1.0010360 2'150163t2150164 933312025 933312035 933312035 933312035 02t03t2015 02103t2015 o2to312015 o2to3t2015 346535 346535 346535 12,837.99 346536 346536 460.00 346537 220.O0 346538 84.53 346539 346539 346539 346539 '135.15 346540 346540 34.34 346541 CDW GOVERNMENT, INC 011 9019.520010 31.50 Siemon Bridging Clip one pair- RM31508 011 0010271 011.9019.520010 2.84 Sales Tax RM31508 ozt03t2015 140 10 FEE REPORT FOR 581186 - 4th QTR 020315 02t05t2015 Page 10 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT FMNCHISE TAX BOARD O'11210260 1,006.51 Garnishment: Payment '180.00 Garnishment: Payment 840 32 Garnishment; Payment FRED MACFARLANE 01'1.1002.596200 13,000.00 StrategicCommunications 01'l'1002.596200 13,000.00 StrategicCommunications 011.210250 2,668.63 IBEW Dues: Payment 011210260 o11.210260 011.1002.596200 1,080.00 ContractServices O11.2'10260 2,000.00 GARNISHMENTS: Payment Ben179108 Ben179108 Ben179'108 0'13'l'l 5 123114 8en179102 617951 011.0010240 15221 013115 Ben179'104 o2to512015 o2to5t2015 140.'10 346542 346542 u6542 2,026.83 346543 346543 26,000.00 346544 2,668.63 346545 125.00 346546 346546 690.00 346547 5,000.00 346 8 1,080.00 346549 IBEW LOCAL 47 JOSEPH ALVARADO LUCtry, rNC. 011.9019 595210 90 00 Project Management PIC ENVIRONMENTAL SERVICE 011 1023.900000 5,000.00 OU2 lndustrial Parcels CORP 020.1084.596700 125.00 Water Trealment Exam & Cert. O2O215 01'1.90'19.595210 600.00 Remote Training & Consultation 617951 011.0010240 02to5t2015 o2t0st2015 o2t0512015 o2to5t2015 o21o5t2015 o2to5t2015 ROBERT M. STERN SANDRA D. BINGMAN Pnnled: Z I Ol2Ol 5 2:4 I :ZOPM Page 11 ol28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17 ,2015 EARLY CHECKS VENDOR OISPLAY ACCOUNT NUMBER AMOUNT OESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT UPS 0'11.1033.520000 21.13 Service Period: 01/15 011.1041 520000 52.70 Service Period: 01/15 011.21O25O 3,215.00 Fire House Fund; Payment ATHENS INSURANCE SERVICES, 011.1026.594200 4,916.66 TPA Fee tNc 01'1.1026.594200 4,916.66 TPA Fee BOY SCOUTS OF AMERICA 011.'1021.797000 48,000.00 Community Fund Grant 933312045(B) 933312045(B) Ben179106 o21o5t2015 2,000.00 346550 346550 73.83 346551 3,215.00 346552 1,887.60 346553 346553 9,833 32 346554 VERNON FIREMEN'S ASSOCIATION ASSOCIATION VERNON POLICE O'11.21O25O 1,887.60 Police Association Member Dues: Ben'179100 OFFI Payment o2lost2ol5 o21o5t2015 o2t05t2015 tvc8960 tvc897'1 0209'15 o211012015 o2110t2015 48,000.00 346555BRYAN WOODRUFF 01'1.1003 596300 250.00 Reimb. Candidate Statement Fee 020/''15 CALIFORNIAWATER SERVICECO. 011.1043.560000 42.92 Service Petiod:12123- 01t23 012615 0211012015 02t'1012015 250.00 346556 42.92 u6557CITYOFVERNON FIRE DEPT. 011.'1026.502095 103.00 FirstAid: Ana Quinones Ptinled: 2l I 01201 5 2:4 1 :2OPM 14183511 Page 12 ol 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 EARLY CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION OATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT FERNANDO VALENZUELA O1'I'I1OO21 GUSTAVO HERRERA 932.78 Employee Computer Loan 011.1031 596500 244.80 FTO Update 011 1031.596500 244.80 FTO Update 0'11.110021 2,584.32 Employee Computer Loan 011.1046.520000 2,051.64 AutoParts- 011.I031.596500 244.80 FTO Update 011.'1031.596700 90.00 FTO Update 011 1031.596700 90.00 FTO Update 011.1031.596700 90.00 FTO Update LORENZO GAYIAN MANUEL VMOUEZ NAPAAUTO PARTS PHILLIP SWINFORD SBSD o2110t2015 o2t1012015 o2110t2015 o2t1012015 o2t'tot2015 o2t1012015 o2t10t2015 ozt10t2015 103.00 346558 932.78 346559 244.80 346560 346560 57.67 346561 244.80 346562 2,544.32 346563 2,051.64 346564 244.80 346565 346565 346565 270 00 Page 13 of 28 012615 012815 L B. JOHNSON HARDWARE CO. #1 011.1046.520000 19.19 Plumbing and building hardware- 670569/671004 011.0009958 011 1049.520000 38.48 Plumbing and building hardware- 670569/671004 011.0009958 01281 5 0'126'15 01051svRS 011.0010024 012815 012815 012815(B) 012815(C) Pinted 2t10t2415 2 41"2aPM o2t10t2015 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 EARLY CHECKS ACCOUNT VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION DATE CHECK INVOICE P.O.# ISSUED NUMBER AMOUNT SOUTH COASTAIR QUALITY 011.1049.900000 196.40 Reissuance Fee 02051 5 346566 02t10t2015 196.40 TOTAL EARLY CHECKS $ 384,694.32 P rinled: 21 1 O I 20 1 5 2: 4 1 :20PM Page '14 of 28 CITY OF VERNON WARRANT REGISTER NO. 14,I8 FEBRUARY 17,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION rNvotcE P.o.# CHECK NUMBER AMOUNT ADLERHORST INTERNATIONAL, 011 1031.596700 266,66 K-9 TRAINING- INC AEGIS ITS, INC 011.1043.590000 1,89092 lntersections 011.1043.590000 2,'121.44 Labot & Equipment 01 'l .'l 046.520000 33.69 Sales Tax ALL AMERICAN ASPHALT 01'1.'1043.900000 62,816.85 Labor & Equipment for Slurry AN4ERICAN INTEGRATED 011.230230 5,000.00 Reimb. Security Deposit- 30217 12372 12429 011 0009925 346ffi7 266.66 346568 346568 4,012.36 346569 346569 407.94 346570 62,816.85 3/.6571 5,000.00 346572 346572 346572 346572 108.99 3/6573 AGENCIES TOOL CENTER, lNC. 011.1M6.520000 374.25 Battery jumper/booster 12124 uolt 2OSU4 011.0010329 205544 SERVICES AUTO ZONE ,| 012115 2893913389 011.0010295 2893913389 01't.00'10295 2893913389 011.00'10295 2893913389 695846 011 1046.520000 27.19 front brake pads 011 1046.520000 108 04 tront brake rotors 011.1046.520000 -38.41 Less discount 011.1046.520000 12.17 Sales Tax BACKFLOW APPARATUS & VALVE 011 1049.590000 525.00 Backflow Valve lnspeclion CO 525.00 Page 15 of 28Ptinled 2l1Ol2O15 2:41:2OPM CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT BANK OF NEW YORK MELLON, TRUST VEHICLES BLACK & WHITE EMERGEN BRENNTAG PACIFIC, INC- CALOX tNC CANNON CORPORATION CDW GOVERNMENT, INC 011 1004.592010 011.4031 .850000 01'1.4031 .850000 01'1.4031 .850000 020.1084.500140 01'l .'1033.520000 020.'1084.900000 011 .9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.90'19.520010 01'1.90'19.520010 1,160.00 Adminisiration Fee 1 ,256.53 Emergency Equipmenl Package for Unit 1,040.00 LaborCharge: Equipment lnstallation 1'13.09 Sales Tax 325.39 Chlorine 8.50 Cylinder Oxygen 2521840861 542 542 542 BP1489830/214176 62715 58073 RN22'188/RL68175 RN22188/RL68175 RN22188/RL68175 RN22'188/RL68175 RN22188/R168175 RN22188/R168175 011.0010358 011.0010358 346574 1,160.00 346575 346575 346575 2,409.62 346576 325.39 3/.6577 8.50 346578 4,868.38 346579 346579 346579 346579 346579 346579 4,868.38 110.69 1,518.99 36.69 64.48 3.00 155.74 0'11.0008210 o11.OO10272 o11.OO1O272 o11.OO10272 o't't.oo10272 o't1.00't0272 Elevated tank standpipe repair- Item Number: 3369583- Item Number: 3369418- llem Number; 337006'1- Item Number; 3246744- Item Number: 654809- Sales Tax 1,889.63 Pinled 2l1Ol2O15 2 412OPM Page 16 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION |NVO|CE P.O.# CHECK NUMBER AMOUNT CENTRAL BASIN WATER 020.'1084.596200 6,'17135 l.tle 22 Monitoring 12140007 011.1046.590000 17000 Laboronlyto diagnose check engine C79056 011.00'10322 ASSOCATION CENTRAL FORD 204852 011.0010323 20/852 346580 6,'171.35 346581 170.00 346582 3/'6542 238.93 346583 346583 346583 346583 1,575.05 346584 210.00 346585 1,468.50 346586 346586 I ,51 1.00 346587 CERRITOS DODGE INC 011.1046.520000 219.20 leak detection pump 011.1046.520000 19.73 Sales Tax CHARLES E. THOIVIAS CO., INC 011.'1049.520000 280.00 Rubber mats, part #MAT-04X48X48. 121932'l932SO 011.00'10265 CHEM PRO LAB INC, 011.1049.520000 25 20 Sales Tax 011.'1049.520000 1,165.00 Green Gasboy Fleet Keys- 011.'1049.520000 '104 85 Sales Tax 011.1049 590000 210 00 Water Treatment Service CITY OF HUNTINGTON PARK 0'11.'1031.594200 '1,468.50 Jail Booking Services- CLINICAL LAB OF SAN BERNARDINO 1219321932SO 122582206250 01'1.0010314 12258220625O 586536 15881 940773 94077 4 010815 011.0009957 060.6060.595200 56T.00WatersamplingServices 020.'1084.596200 944.00WalerSamplingServices COUNTYOF LOSANGELES 011.1043.595200 272.72 Labot & Equipment Pinled Z I 0 1201 5 2:4 1 :2OPM Page 17 al 2A CITY OF VERNON WARMNT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS VENDOR OISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT DAAUTO GROUP, LLC DAVID KIMES DDCC/DRIZEN-DOHS RELATIONS (ACCOUNTING) DEPARTM DEWEY PEST CONTROL DION & SONS, INC , 011.1046.590000 011.1046.590000 01'1.1026.596800 01't.1002.596200 011.1049.596200 011.1033.520000 011.1033.520000 011 1033 520000 011.'1033.520000 011 1046.520000 011 .'1046.520000 011 1046.520000 01',I 1046.520000 011.'1046.520000 272.72 346588 346588 307.50 346589 3'10.s3 346590 5,8'16.75 346591 225.OO 346592 346592 346592 346592 102.OO 346593 346593 346593 346593 346593 232.50 Labor only to diagnose and repair check 75.00 Labor only to diagnose check engine 310.53 Tuition Reimbursement 5,816.75 Vendor to provide the following 225.00 Elevator Permits 19520 19543 01131 5 5431 E1242047MR 60246 9080780 9080782 9083300 610466 610466 610466 610466 610466 01'1 .0010326 011 0010344 011.0010106 25.00 27.OO 25.00 25.00 770.62 752.12 25.20 8.40 7.50 0'11.0010324 011.00't0324 011 0010324 011.0010324 011.0010324 Pest Control Service Pest Control Service Pest Control Service Pest Control Service 5W-30W performance gf-s synthetic blend 15W-40W performance plus hd cj-4 oil California oil recycling fee California motor oil assessment fee Diesel fuel charge Ptinled 211012015 2 41 2OPM Page 18 ot 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY '17 ,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT DION & SONS, INC , DR. JOSEPH HSU EAGLE RADIATOR SERVICE TRUCK & FORKLIFT PARTS EFREN J EMERGENCY MEDICAL PRODUCTS, ENVIRO-TECH SERVICES COMPANY 01'1.1046.520000 01't.1046 520000 011.1046.520000 01'1 103't.502030 0'l'1.103'1.502030 0'11 .1046.590000 011 1046.590000 o11 1047.520000 011.1047.520000 011.1033 520000 01'1.'1033 520000 011 1061.520000 011.1061 .520000 0'11.1061 520000 5.95 Environmental compliance fee 2.O2 Lab lax 14'1.46 Sales Tax 225.00 Vision Benefits: A. Acuna 75.00 Vision Benefits: N. Vasquez 169.00 New radiator 15.2'l Sales Tax 59.85 Forklift Canopy, Inted. part 5.39 Sales Tax 346593 346593 346593 1,7',t3.27 346594 346594 300.00 346595 346595 144.21 346596 346596 65.24 346597 346597 287.33 346598 346598 346598 263.60 23.73 2,300.00 207.OO King Airway LTS-D, Supraglottic Airway Sales Tax llem #: RAE-059-A110-'100- Freight Sales Tax 610466 610466 610466 012015 012015(B) 13990 13990 6052 6052 1707955 1707955 87610 87610 87610 011.0010324 011.0010324 011.00't0331 0'r1.0010331 0'l'l 0010328 011 .0010337 011 0010340 P mled: 21 1 0 l2o'l 5 2:4'l :2OPM Page 19 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT ERIK CHENG ESTEPHANIE HILARIO FLEMING ENVIRONMENTAL, INC,, FLORENCE FILTER CORPORATION FRANK S, SMITH MASONRY, INC. GE MOBILE WATER INC. 011 1060.502030 01'1 .1060.502030 011 .1060.596500 o11 .1041 410210 011 .1049.590000 0'11.1200't0 011 .120010 o't1.120010 011 .120010 011 120010 011.1049.900000 01'1.1033 520000 01'1.'1033.520000 01'1.'1033.520000 011 't 033.520000 01211s 012115(B) 012215 010615 10394 94309tN 94309rN 94309tN 94309rN 94309rN 010515 97499786 97551247 97551248 97569617 011.0010332 011 0010332 011 00't 0332 01'1.00'10332 2,529.55 346599 346599 346599 509.23 346600 240.OO 346601 400.00 346602 346602 346602 3/6602 346602 240.23 346603 1,945.00 346604 3466M 346604 346604 225.00 Vision Benefits: Child 225.00 Vision Benefits: Child 59.23 Ammonia Release Training 240.00 Refund: Cert. of Occupancy 400.00 Maintenance Services 42.00 1631-955 Pleat Filter SC-408, 16" X 39.60 1631-964 Pleat Filter 12P4O8,20" X 85.20 1631-980 Pleat Filter 12P-408, 24" X 58.42 Freight 15.01 Sales Tax 1,945.00 Repairs to Fire Stalion #1 170.04 Repairs & Maintenance 90.'16 Repairs E Mainlenance 98.88 Repairs & Maintenance 182.25 Maintenance & Repairs Ptinled:211012015 2 41 2oPM Page 20 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 VENOOR OISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT HMKER EQUIPMENT COI\4PANY HDL SOFTWARE, LLC HEMA PATEL HI-LINE INC. IGOE & COMPANY INC. INSIGHT PUBLIC SECTOR, INC Pinted: 21 1 Ol2Ol 5 2 41 :20PM 011.1046.520000 01'1 .1046.590000 011.1046.520000 01'1.1046.520000 0'11.1046.590000 011.1046.520000 011.1046.520000 011 .'1046.520000 011.1004.596200 011 1024.596500 011.120010 011.'1200'10 01'1.'120010 011.1026.594200 011.9019.590110 c0977719705t9769 co9777 t9705t9769 co9777 t970519769 c09800 c09800 c09800 c09912 c09912 9845tN 0't'13'15 10351'143 '1035'1143 10351143 127719 1100398603 541 .33 346605 346605 346605 346605 346605 346605 346605 346605 76A.44 346606 6,893.43 346607 40.61 346608 346608 346608 185 70 346609 248.30 Brush 40.06 Freight 22.35 Sales Tax 325.00 center broom 6'l 00 Freighl 29.25 Sales Tax 38.97 EL 1O1O734 pillow block bearing assy 3 51 Sales Tax 6,893.43 Permit Tracking Software 40.61 Business Lunch '163 32 Food Grade Anti-Sieze, I oz., item 7 70 Freight 14.68 Sales Tax 200.00 Administrative Fees 1 ,570.00 Nlaterial Number: EWSTWZZo-ER1GS- 011 0010325 0'11.0010325 011.0010330 011 .0010330 011 0010345 011 0010317 011 0010317 200 00 011.001028'1 346610 Page 21 ol 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 PRINTEO CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION |NVO|CE P.O.# CHECK NUMBER AMOUNT lNSlcHT PUBLIC SECTOR, INC 011.9019.590110 885.00 Material Number: NSZBWZZo-ER1GS- 1100398603 011.0010281 346610 011.9019.590110 1,707.50 Material Number: lPloWZZo-ER'l GS- 'l'100398603 01'1.0010281 346610 011.103'l.540000 606.60 Trinus Black Leather Pouch for 11OO4O2525 011.0010359 346610 011.1031.540000 .60 Sales Tax 11OO4O2525 3466'10 4,823.70 JACK'S MUFFLER SERVICE & 011.1046 520000 235.00 right upper calalytic conve(er 6751 011.0010343 346611 011.1046 590000 100.00 Labor lo replace right upper catalytic 6751 011.0010343 3466'11 011.1046 520000 21.15 Sales Tax 6751 346611 356.15 JASONADDISON SMITH 011 1041.595200 85.00 Plan Check Fees PC4372 34ffi12 CONSULTING 85.00 JERRY'S AUTO BODY INC 011.1046.590000 240.00 Labor only to adjust upperand lower 28709 011.0010327 346613 011.1046.520000 2'l'l.2o Painl and material torepairand 28725 011.0010347 346613 01'1 1046.590000 662.40 Labor to repair and rellnish both right 28725 011.0010347 346613 011.1046.520000 19.01 Sales Tax 28725 346613 1.132.6'l JONATHAN SUDDUTH 011.1026 596800 862.15 Tuition Reimbursement 010515 346614 862.15 JSB F|RE PROTECT|ON, LLC 011.'1033.595200 720.00 Permit Fees 14212 3466'15 720.OO KENNEDY NAMEPLATE CO. 0'11.1060.520000 '13.60 Nameplale for new employee:- 71391 O1'1.OO1O292 346616 Ptinled 2hOl2O15 2 41 2OPM Page 22 ol 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT OESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT KENNEDY NAMEPLATE CO, KJ SERVICES KPS PLUMBING CO., INC, L,B. JOHNSON HARDWARE CO. #1 L,N CURTIS & SONS LA POOL GUYS LIFE.ASSIST, INC, 01'l .'1060 520000 01'1.1060.520000 011 .1060.466800 0'11.1048.590000 011.1033.520000 011.1033.520000 01'1.1033.520000 011.1033.520000 011.1033.520000 01't.1033.540000 011.1033.540000 011.1049.590000 011 .1033.520000 5.90 Silver Desk Nameplate Holder '1 76 Sales Tax 7,000 00 Calendar Student Wnner Awards 2,080.00 Repairs & Maintenance 39 86 Hardware supplies- 71391 71391 4240 2434 671006 133't5'1400 133151400 13315'1400 13315'1400 't3/.232400 6'16145700 30284 697832t698223t69 8834 o11.0010292 346616 346616 21.26 3466't 7 7,000.00 346618 2,080.00 346619 39.86 346620 346620 346620 346620 346620 346620 626.20 346621 194.00 346622 2,897.24 Page 23 ol 2A 57.60 20 56 16.63 7.03 397.85 126.53 011 0009932 01'l.0010149 0'l'l.00'10'149 0'l'l.00'10'149 011.0009953 01'l.0009964 Univ Spanner Wrench Clip #N6 ZICO Freight Sales Tax Pro Warrington Boots- SCBA Maintenance Services - 194.00 Pool Service 2,897.24 Eme"gency Medical Supplies on an as Pnnled 2l'lol2o15 2 41 20PM o11 0010282 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17 ,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION tNvotcE P.o.# CHECK NUMBER AMOUNT LIFECOIVI INC 060.6033 520000 335.00 Diagnostic Evaluation Fee, performed lo 2066251166757165 011.0010123 346623 227 060.6033.520000 1,418.28 Parts for the Repairs & Calibration- 2066251166757165 011.0010123 U6623 227 060.6033.520000 235.00 RKI Calibration Gas - 2066251166757165 011.0010123 346623Part#81-0192RK-04 227 060.6033.520000 73.00 Freight 2066251166757165 011.0010123 346623 227 060.6033.520000 148 81 Sales Tax 2066251166757 t65 346623 227 2,210.O9 LOSANGELES COUNryASSES. 011.1041.595200 205.81 Maps & Postage 'I5ASRE189 346624 oFc. 205.81 LUCITY, lNC. 011 9019.596700 920.00 Remote Training ( per hou0 - 617901 011.0010223 346625 011.9019.520010 4,000.00 lnventory Control 6'18051 011.00'10283 346625 011.9019.520010 533.33 Constant Connection Program 618051 011.0010283 346625 5,453.33 I\iIAWVOOD CAR WASH 011.1060 570000 35.00 Full Service Carwash- 577 011 0009954 346626 35.00 NATIONAL LEAGUE OF CITIES 011.1002.596550 263.00 Membership Dues 111653 U6627 263.00 NET TRANSCRIPTS, lNC. 011 1031.596200 81.59 Transcripts Services 123114117 346628 81.59 Pnnled 2l1Ol2O15 2 41 2OPM Page 24 ol 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION tNvotcE P.o.# CHECK NUMBER AMOUNT NORMANA. TRAUB ASSOCIATES 011.1031.596200 3,120.00 lnvestigator Fees 011615 346629 3,'t20.00 PURE WATER SC|ENCE, LLC 01'1.1049.520000 808.78 Water System Renral 23550 346630 808.78 RELIABLE ICE EQUIPMENT, lNC. 011.'1033.590000 382.13 Repairs & Mainlenance 42850 346631 0'11.1033.590000 382.'13 Repairs & Maintenance 42851 346631 01'1.1033.590000 382.13 Repairs & Maintenance 42852 346631 011.1033.590000 382.'13 Repairs & Maintenanc€ 42853 346631 't,528.52 SHARE CORPORATION 011.1046.520000 145.26 cable tie removers /wire strippers 899429 011.0010298 346632 011.1046.590000 9 41 Freight 899429 011.0010298 ?46632 |U.67 SOUTHERN CALIFORNIA 011 1049.590000 197.25 Repairs & Maintenance 48224 346633 OVERHEAD 197.25 SoUTHWEST INSPECTION & 011.1043.900000 960 0O Soil lnspection 144605 346634 TESTING 960.00 STACY MEDICAL CENTER 011.1031.594200 '120.00 Custody Exam 521111051 346635 011.'1031.594200 20.00 Custody Exam 521111244 346635 '140.00 STATE BOARD OF EOUALIZATION 060.6060.520000 4,458.00 Hazardous Waste Generator Fee- 123114(C\ 346636 Pnnted: z l0l2o15 2:41 zoPM Page 25 ol28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS VENOOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT STATE STREET LAUNDRY STERICYCLE INC THOMSON REUTERS TODD PAINTON U S. HEALTHWORKS MEDICAL GROUP UNIFIRST 011.1031 .520000 011 .1031.520000 011.1024.596600 011 4031.520000 011 1026.596800 01'1 .1026.597000 011.1026.597000 0'tl 1043.540000 011.1046.540000 011.1047.540000 011 .'1049.540000 020.1084.540000 011.1043.540000 011.1046.540000 011.1047.540000 43.20 Laundry Services- 272.01 OSHA Compliance 371.28 lnformation Charges 845.40 lnformation Charges 310.53 Tuition Reimbursement 180 00 Pre-Employment Physicals & DOT 210.00 DOT Physicals '149.'19 Uniform Rental 66.96 Uniform Rental 35.64 Uniform Rental 51.16 Uniform Rental 147.16 Uniform Rental 176.61 Uniform Rental 83.70 Uniform Rental 46.95 Uniform Rental 01071sVRS 3002892213 831002672 831027770 011 915 2632523CA 2635521CA 01311sVRS 01311sVRS 01311sVRS 0131'lsVRS 0'131'lsVRS '1231't4VRS '123114VRS 123114VRS 011.0009939 346637 4,458.00 43.20 272.O'l 346638 346639 346639 1,2'16.68 346640 3.10.53 346641 346641 390.00 346U2 u6u2 u6u2 u6642 3/.6642 u6642 3/.6642 3/,6642 Page 26 ol28Ptinled 2l1Ol2O15 2 41 zoPM CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 PRINTED CHECKS VENDOR DISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT UNIFIRST USA BLUE BOOK 01 1 .1 049.540000 020.1084.540000 01 1 .1 2001 0 01 1 .1 2001 0 01 1 .1 2001 0 011 .120010 01 1 .1 2001 0 011.120010 01 1 .1 2001 0 123114VRS 123114VRS 54',12761541797 541276t541797 54',t276t541797 541276t541797 541276t541797 541276t541797 541276t541797 011 .001 0333 011 .001 0333 01'1 .001 0333 011 .0010333 011 .0010333 011 .0010333 346642 346642 1,OO5.27 346643 346643 346643 346643 346643 346643 346643 2,481.O0 $ 165,395.12 63.95 Uniform Rental 183.95 Uniform Rental 81 .44 1820-230 Double Female Hose Swivel, 159.60 1820-880 Hose Shutoff, 3/4" GHT, heavy 1,449.90 1890-100 Pulsatron series E Plus Pump, 392.56 1890-110 Kopkit (K4WCl) PVC, part 156.96 1890-140 Foot Valve and strainer, part 35.69 Freight 204.85 Sales Tax TOTAL PRINTED CHECKS P (inled: 21 1 01201 5 2:4 I :20PM Page27 oI28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17,2015 RECAP BY FUND WIRE TOTAL EARLY CHECK TOTAL PRINTED CHECK TOTAL TOTAL 011 - GENERAL O2O - WATER 057 - FIBER OPTIC 060 - HAZARDOUS WASTE GRAND TOTAL TOTAL CHECKS TO BE PRINTED 77 378,509.34 $ 97,543.96 0.00 0.00 372,169.98 $ 4,273.64 7,147.57 1 ,1 03.1 3 145,519.80 $ 12,640.23 0.00 7,235.09 896,1 99.1 2 114,457.83 7,147.57 8,338.22 476,053.30 $384,694.32 $165,395.12 $ 1,026,142.74 P tinled: 21 1 0 120 1 5 2:41 .2OPM Page 28 ot 28 REGENVED FEB I O 2C15 CITY ADMIN ATION REGEH\/ED FEB I 1 2015 CITY CLERK'S OFFICE TO: FROM: RE: STAFF REPORT FI NAN C E/TREAS U RY DEPARTM E NT February 10,2015 Honorable Mayor and Gity Council William Fox, Finance Direc ,ordt Gas Warrant Register for City Council Agenda of February 17,2015 It is recommended that the attached Gas Warrant Register No. 171 be approved at the City Council meeting of February 17,2015. Gas Warrant Register No. 171 totals $1 ,936,405.48, and covers claims and demands presented during the period of January 27 through February 9,2015, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 171 : 1 . Ratification of wire transfers totaling $1,901,370.93; 2. Ratification of the issuance of early checks totaling $4,820.99; and 3. Authorization to issue pending checks totaling $30,213.56. CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17,2015 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for payments thereof. This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: William Fox Finance Director Date: P tinled: Z 1 01201 5 2:44:59PM Page 2 of I CITY OF VERNON GAS DEPARTMENT WARMNT REGISTER NO. 171 FEBRUARY 17,2015 WIRES VENDOR DISPLAY ACCOUNTNUMBER AMOUNT DESCRIPTION DATE WIREINVOICE P.O.# ISSUED NUMBER AMOUNT SHELL ENERGY NORTH AMERICA 056.5600.500160 377,552.50 Natural Gas NOBLE AMERICAS GAS & POWER 056.5600.500160 306,225.00 Natural Gas ANAHAU ENERGY, LLC 056.5600.500'160 172.98 Natural Gas EDF TRADING NORTH AMERICA, 056.5600.500'160 545,238.12 Natural Gas LLC CONOCO PHILLIPS COMPANY 056.5600.500160 165,937.50 Natural Gas BP ENERGYCOMPANY 056.5600.500160 275,762.50 Natural Gas IBEROROLAENERGYSERVICES 056.5600.500160 129,51o.32 NaturalGas LLC THE GAS COMPANY 056.5600550022 92,452.15 TransmissionCharge CITIGROUP ENERGY lNC. 056.5600.500167 16,083.86 Natural Gas 056.5600.500168 -7,564 00 Natural Gas 2582780 o4r 11 314 o1 12612015 377 ,552.50 315 o'v26t2015 306,225.00 345 153',t44 38304 '1349587 OLPX6 123014 4016145 4016145 316 01t26t2015 172 98 317 o1t2612015 545,238.12 318 o1t2612015 '165,937.50 3't 9 o1126t2015 275,762.50 320 01t26t2015 129,510.32 0113012015 321 92,452.15 322 322 8,519.86 Pinbd 211012015 2 44 59PM 0210412015 Page 3 ol9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17,2015 ACCOUNT VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION DATE WIREINVOICE P.O.# ISSUED NUMBER AMOUNT TOTAL WTRES $ 1,901,370.93 Ptinled: 21 1 0l 2015 2:44: 59PM Page 4 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17,2015 EARLY CHECKS VENOOR DISPLAY ACCOUNT NUMBER AMOUNT OESCRIPTION tNvotcE P.O.# DATE CHECK ISSUED NUMBER AMOUNT HOME DEPOT CREDIT SERVICES IVIAYWOOD CAR WASH SHOETERIA P&F DISTRIBUTORS DO ITAMERICAN MFG CO, LLC 056 120010 056 120010 056.5600.520000 056.5600.570000 056.5600.540000 056.120010 056 120010 056 120010 056 120010 056.'1200'10 056. 'l 200't 0 056.120010 056.'120010 056.120010 056 120010 056.120010 056.120010 056. 'l 200't 0 2860 2860 120314VRS 576 86485 92555/92441 925558244',! 92555/92441 9255519284',l 92555192841 92555t92841 92555t92841 92555t92841 9255582841 92555t92841 92555i92441 92555/9244',! 92555192841 056.0000298 1242 't242 308.19 't243 270.19 't244 7.00 1245 300 00 1246 1246 1246 1246 1246 1246 1246 1246 1246 1246 1246 1246 1246 282.75 4" x 66" Sch 40 pipe Guard Post - 25.44 Sales Tax 270.19 Small tools and plumbing hardware- 7.00 Car and truck washing service- 300.00 SteelToe Work Boots - 056.0000276 056.0000281 056.0000277 056.00003'15 056.00003'15 056.0000315 056.00003'15 056.0000315 056.0000315 056.0000315 056.0000315 056.0000315 056.00003't 5 056.00003't 5 056.00003't 5 01t2912015 01t2912015 01t2912015 o2to312015 150.00 600.00 200.00 1,800.00 42.OO 56.00 61.25 36.00 '116.10 188.25 78.00 308.53 299.48 250ft Pipe Gas Coil, 1" x 250- 200ft Pipe Gas, 3" x 20- 40ft Pipe Gas,4: x 20- '180ft Pipe Gas, 6" x 20- '14 Coupling Skt Fuse, 1"- 8 Elbow 90 Skt Fuse, 1.5"- 7 Elbow 90 Skt Fuse,2"- 3 Elbow 45 BF, 2"- 6 Reducer BF,4" x 2"- 15 Tap Tee TT, 6" x 1"- 6 Coupling EF, 1.5"- Freight Sales Tax Printed 2/10/2015 2 44 59PM Page 5 of I CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17,2015 EARLY CHECKS ACCOUNT VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT o2to5t2015 3,935.61 TOTAL EARLY CHECKS $ 4,820.99 P tinled: 21 1 Ol2O1 5 2:44:59PM Page 6 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17,2015 PRINTED CHECKS VENDOR OISPLAY ACCOUNT NUMBER AMOUNT DESCRIPTION tNvotcE P.O.# CHECK NUMBER AMOUNT A-BEST INDUSTRIAL DO ITAMERICAN MFG CO,, LLC P&F DISTRIBUTORS Gas Supplies- Gas Supplies- Gas Supplies- Freight Sales Tax Gas Supplies- Gas Supplies- Gas Supplies- Freight Sales Tax TURBO-METER, SENSUS T60, 8" FLANGE, 175 Freight Sales Tax Gas Supplies- Gas Supplies- Sales Tax Tap Tee HVSTT, 6" x 2"- Tap Tee HVfi, 6" x 2"- Riser Anodeless, 2"- Freight 056.120010 056 120010 056.120010 056.120010 056.120010 056.120010 056.120010 056.120010 056.'120010 056.'120010 056.120010 056.'t20010 056.'1200'10 056.'1200'10 056.1200'10 056.1200'10 056.120010 056.120010 056.120010 056.'120010 418.00 497.OO 1,872.90 29.98 250.91 1,243.20 3,498.00 4,976.34 122.13 874.58 9,982.50 118.31 898.43 660.00 1,620.00 205.20 795.60 1,160.00 472.OO 300.00 tN5777 1N5777 tN5777 tN5777 1N5777 1N5778 1N5778 rN5778 tN5778 tN5778 tN5785 tN5785 tN5785 2976 2976 2976 93152rN 93152rN 93152rN 93152tN 056.0000314 056.0000314 056.0000314 056.0000314 056.0000311 056.00003'll 056.00003'11 056.00003'11 056.00003'18 056.0000318 056.0000313 056.0000313 1247 1247 1247 1247 1247 't247 't247 1247 1247 1247 1247 't247 1247 24,782.2A '1248 1248 1244 2.485.20 1249 1249 1249 1249 056.0000317 056.00003'17 056.00003'17 056.0000317 Printed 2t101201 5 2:44:59PM Page 7 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17,2015 PRINTED CHECKS ACCOUNT VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# CHECK NUMBER AMOUNT P&F DISTRIBUTORS 056.120010 218.48 Sales Tax 93152tN 1249 2,946.08 TOTAL PRINTED CHECKS $ 30,213.56 P tinled: 2h 01201 5 2:44: 59PM Page 8 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17,2015 RECAP BY FUND 056 - NATURAL GAS GRAND TOTAL TOTAL CHECKS TO BE PRINTED 3 EARLY PRINTED WIRE TOTAL CHECK TOTAL CHECK TOTAL $ 1,901 ,370.93 $ 4,820.99 $ 30,213.56 $ 1,936,405.48 $ 1,901,370.93 $ 4,820.99 $ 30,213.56 $ t,936,405.48 P tinled: 21 1 012015 2:44:59PM Page 9 of 9 REGEi\/ED FEB I 2 2015 CIIY CTERI('S OFF'CE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: February 17,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator Eagle Scout Proclamation Recommendation It is recommended that the City Council: Approve a proclamation for Giovanni Chaidez for his service to and support of his community. Backeround Giovanni Chaidez, a member of the Los Angeles Area Division of the Boy Scouts of America, has attained the rank of Eagle Scout, the highest advancement rank in Boy Scouting. Mr. Chaidez has completed over 600 hours of community service, and earned 2l merit badges, including Family Life, Personal Management, and Citizenship in the Community and World, as well as First Aid. The prestigious Eagle Scout Award is presented only to young men who have attained outstanding achievements in scouting and in their community. Mayor McCormick will present this proclamation to Giovanni Chaidez on behalf of the City of Vernon at an upcoming Boy Scouts awards ceremony. Fiscal Impact There is no cost associated with this item. 0f@ A PROCI}LMATION OF TITE fuTAYOR AND TITE CITY COUNCIL OF TTIE CITY OF VERA{ON COMMENDING A]VD TIONORING GIOVANNI CITAIDEZ FOR TIIS SERWCE AND SUPPORT OF TIIS COMMANITY W'IIEREAS, Giouanni Chaideq has distinguisbed binself b1 attaining the rank of Eagle Scott aith the Bo1 S coats of Ameica; and V/HEKEAS, Mr. ChaideThas conpleted 2l Merit Badges, inchdingMeit Badgu in 'Fani! Dfi," 'Personal Management," and "CitiTenship in the Connaniry and lYorld" as well as 'First Aid"; and V/HEREAS, Mr. Chaideqbas completed a Commaniyt Seruin ProjectforBisbop Mora Salesiao HM School in the remodeling of theyutb chapel ail religiots comselitg of;n, in addition to conpleting ouer 600 hours of commani[t seruice; and IV/HEREAS, the Eagle Scoat Aaard is presented on! tolomg met aho haue attained outstanding achieuements in scoating and their commani4t; and IY/HEREAS, Mr. ChaideT's scoilingachieuements ore an example of Anerica in action, ail his keen sense of natarifl and deuelopment of leadership haue placed hin in tbe esteem of bis communiry andfellow scoats. NOV/, THEREFORE, THE MAYORAND THE CITY COUNCIL OF THE CIW OF HOAIO& COMMEND AND CONCRAruLATE GIOVANI'il CHAIDEZ FOR HlJ SERWCE AND -|UPPORT OF HIS COM /IUNITY. THIS PROCLAMAIIO|{/J BEI [G PREJEATTED TO CIOVANNI CHAIDEZ BY THE HONORABIE, MAYOR V. MICHAEL MCCORMICK FOR AATD OI.J BEHAff OF THE CITY COUNCILOF THE CITY OF I,URA[O}{ THIS 1711 DAY OF FEBRUARY TIT/O THOUSAND AND FIFTEEA/. CITY OF IZRATON 4v,%' tY. MICHAEL MCC)R\IIICK Malor REGEIVED FEB 1 2 2015 CITY CLERI(,s tIITIOE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: February 17,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator M "/* Council Conference Attendance Report Members of legislative bodies are required to provide brief reports on meetings attended at the expense of the agency after the completion of the meeting. Mayor McCormick, and Council Member Martinez attended the lndependent Cities Association Winter Seminar, in Santa Barbara Califomia, from January 30 through February l, 2015. Seminar program included: Fridav. Januarv 30. 2015 Board of Directors Reception Saturdav. Januarv 31. 2015 Morning Session #1: "How Agency Cooperation and Shared Resources Saved a Community." Morning Session #2: "Why Your City Should Belong To LA IMPACT - (Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force) and LA CLEAR - (Los Angeles Regional Criminal Information Clearinghouse). " Morning Session #3: "Dollars to Pesos - Sl00M Money Laundering Bust in LA County Cities." Luncheon Session: ABl09 Update, Marijuana Update, Prop 47 Update, Sober Living Homes on Your Residential Streets. Afternoon Session #l: "Surveillance Cameras in Your Communities." Afternoon Session #2: "Drones - Do They Hinder or Help?" REGEH\ ED FEB 1 2 2015 CW CLERKS OTHCE DATE: FROM: RE: Recommendation It is recommended that the City Council: 1. Find that the approval of the amendment proposed in this staff report is exempt under the Califomia Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have an effect on the environment. 2. Approve Amendment No. I to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois"), in substantially the same form as submitted herewith, for an additional one year period for an amount not-to-exceed $50,000.00, to provide civil litigation legal services on an as needed, on-call basis. Background On December 18, 2012, the Vernon City Council adopted Ordinance No. 1200, amending Anicle IV of Chapter 2, Sections 2.17 throtgh2.3l, to make necessary changes to the City's purchasing system in order to establish an open and transparent, competitive bidding and purchasing process. On October 7,2013, the City Attomey's office issued a Request for Proposals for Civil Litigation Legal Services; the Request was posted on the City's website, advertised in the Daily Joumal (a print and online legal trade publication), and posted on a statewide City Attomey e-mail list serve. Responses to the Request for Proposals were due on or before November 7,2013. As part of that competitive selection process, the City selected the law firm of Lewis Brisbois to provide civil litigation legal services on an as needed, on-call basis. STAFF REPORT CITY ATTORNEY'S OFFIGE February 17,2015 Honorable Mayor and City Council Hema Patel, City Attorney Request to Approve an Amendment No. Agreement with Lewis Brisbois Bisgaard & Litigation Legal Services CIIY ADM 1 to the Attorney Services Smith LLP regarding Civil RECEIVED FEB I I 20,5 ATION Effective January 29, 2014, the City entered into an Attorney Services Agreement with Lewis Brisbois. The Agreement followed the general form approved and adopted on February 5,2013, by Resolution2}l3-23 of the Vernon City Council. Under Vemon Municipal Code section 2.17.30(b) and the City's good governance reform procedures, all professional service contracts must be rebid every three years, unless commercially unreasonable to do so. As set forth above, Lewis Brisbois was retained through a 2013 competitive selection process. Accordingly, Amendment No. 1 also includes the option of one additional and final one-year renewal term that the City may elect to exercise, in accordance with the terms of the Agreement and the City's purchasing regulations. Pursuant to Section 2.17.02 of the Ordinance no. 122I, Amendment No. 1 would require City Council approval because the total value over the lifetime of the contract would exceed $100,000.00. Fiscal Impact Suffrcient funds have been budgeted in the FY 2014-2015 budget. AMENDMENT NO. 1 TO THE ATTORNEY SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LEWIS BRISBOIS BISGAARD & SMITH LLP REGARDING CIVIL LITIGATION LEGAL SERVICES This Amendment ("Amendment No. 1") to that certain Agreement for civil litigation legal services dated January 29,2014, (the "Agreement"), is made as of January 29,2015, by and between the City of Vernon, a California charter city and municipal corporation (the "City"), and Lewis Brisbois Bisgaard & Smith LLP ("Associate Counsel"), a Limited Liability Partnership. WHEREAS, the City and Associate Counsel are parties to a written Agreement dated January 29,2014, under which Associate Counsel provides civil litigation legal services on an as-needed basis ("the Agreement"); and WHEREAS, the City and Associate Counsel desire to amend the Agreement to renew the Agreement effective January 29,2015, through January 28,2016, for a total amount not to exceed $50,000.00 for this renewal term. NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows: 1. The Agreement has been renewed for an additional one (1) year period, and the Termination Date listed on the Cover Page is amended to January 28,2016. There is one additional, and final one-year renewal term which the City may elect to exercise according to the terms of the Agreement; there are no further renewal terms beyond that one additional and final one-year renewal term. 2. Except as expressly modified by this Amendment No. l, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. I shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. 4. The person or persons executing this Amendment No. I on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. ISIGNATURES FOLLOW ON NEXT PAGEI -l- CITY OF VERNON a California charter city Lewis Brisbois Bisgaard & Smith LLP, a Limited and municipal corporation Liability Partnership Mark Whitworth, City Administrator By: Name: Title: By: Name: Title: ATTEST: Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: Hema Patel, City Attomey .| RECEIVED JAN 2 8 2015 CITY ADMINISTRATION REG!-=E\fltr!) FEB 0 4 20i5 CITY CLERKS OIRCE January 28,2015 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vemon Fire Department Activity Report which covers the period of January 1,2015 through January 15,2015. Respectfully Submitted, FIRE DEPARTMENT Michael A. Wilson, Fire Chief 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1,407 Fire Chief MAW:ar :Fireletnow (Eqg fusiv e $ I n[us tria t VERNON FIRE DEPARTMENT COMPAI\"Y ACTIVITIES January 1,2015 to January 15,2015 ACTTVITY TYPE FIRE PREVENTION: Regular Inspections (#): Re-Inspections (#): Spec. Haz. lnspections (#): Total Inspections: Total Man Hours: TRATNNG (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-INCIDENT GOURS): Planning Di strict Familiarization Total Hours: PERTOpTC TEST (HOURS): Hose Testing Pump Testing This Period Last Year 9t 103 Last Year To Date 9r 103 This Period t6 10 26 This Year To Date t6 l0 26 74 t7 0 74 I7 0 4t 26 aJ 70 85 85 65 t36 138 t39 7 15 58s 73 79 t52 4t 26 J 70 85 85 65 r36 138 139 7 l5 585 73 79 t52 93 34 125 124 122 I l8 93 34 125 r24 t22 I l8 517 76 80 ts6 517 76 80 156 4 0 4 0 Total Hours: Page I PUBLIC SERVICE PROGRAMS (HOURS') School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTNE MAINTENANCE (HOURS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivity 5 5 20 30 5 5 20 30 4 0 13 I7 4 0 l3 t7 t28 135 130 393 t28 135 130 393 130 r42 138 4t0 130 142 138 4t0 1190 1190 Page2 VENNON FINE DEPNRTMENT Type of lncident Report Total lncidents: 2015 January 1r2ll15 - January 15r 2015 =ll ou28t2015 INCIDENTTYPE E Auto vs Ped E BACK PAIN.D'' E CHEST PAIN.D- E DIFF BREAIHING/ASTHilIAO- E DIFRCULTY DRCATHING.D"' E FAIMCn[-D-. E HETIORRHA6E/CUT.D'- E PSYCH/ BEHAVE/SUI ATT.D'- E SEIZURE.D-' E S3C( PERSON.D'" E TRAFFIC COI.IISION.D- E TRAU'IiANC NJURIES.D'- E UNC PER/FdNNNG (NEARI-D"' E UNKNOWN PROBLEAT.D'' F Arching WlreB F Fire Alarm No Reset F lnvestigation F Vehicle Fire F Water Flow Aiam No Reset F Water Rw Alarm wlth R6et F Wr€s llovfi S iloveup S Publlc Ariist S Water Problem 1 7 2 1 2 1 1 1 2 3 6 1 lncident Type 131 Passenger vehicle fire 700 False alarm or false call, other 700 False alarm or false call, other 300 Rescue, EMS incident, other 31 1 Medical assist, assist EMS crew 300 Rescue, EMS incident, other 571 Cover assignment, standby, moveup 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 321 EMS call, excludang vehicle accident with inju 611 Dispatched & canceled en route 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 322 Motor vehicle accident with injuries 324 Motor vehicle accident wlth no injuries 741 Sprinkler activation, no fire - unintentional 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 323 Motor vehicle/pedestrian accident (MV Ped) 911 Citizen complaint 700 False alarm or false call, other 322 Motor vehicle accident with injuries 322 Motor vehicle accident with injuries 743 Smoke detector activation, no fire - unintenti 321 EMS call, excluding vehicle accident with inju 324 Motor vehicle accident with no injuries 730 System malfunction, other 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with iniu 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 445 Arcing, shorled electrical equipment 61 1 Dispatched & canceled en route 321 EMS call, excluding vehicle accident with inju 444 Power line down 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident wlth inju 61 1 Dispatched & canceled en route 520 Water problem, other 520 Water problem, other 321 EMS call, excluding vehicle accident with inju lncident Date 0110112015 14:31:49 0110112015 15:04:51 01/022015 05:06:56 0110212015 08:26.'29 011022015 11:48:19 0110212015 12:10:30 0'110312015 02:57:10 01lOSl2015 14i42i49 0110512015 14:58:45 0110512015 15:M:54 01/05/201516:48:'15 0110512015 17:27:39 01/06/2015 09:54:33 01/06/201513:06:58 01/06/201516:00:53 0110612015 18:26:40 0110612015 22:52:35 0110712015 13114i16 0110712015 20:40:31 0110812015 10:07:26 0110812015 11:42:22 0110812015 12:14:OB 0110812015 15:37:12 01/08/2015'19:00:'15 0110912015 11:06:27 0110912015 11:12:40 0110912015 11:58i54 0110912015 12:36:52 01/09/201516:09:50 0110912015 17:26:00 01/10/2015 08:50:55 0111012015 14:16:40 0111012015 18:33:36 0111012015 23:44:40 0111112015 OOi2O:14 0111112015 17:08:04 0111212015 O6:08:26 011122015 09:34:58 0111?,20'15 10:08:49 011122015 10:58:43 0111212015 14:16:39 0111312015 17:31:57 0111412015 23:31:20 01/15/2015 0'l:03:04 PREVENTION FOLLOW.UP? No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No shift 321 EMS call, excluding vehicle accident with inju 740 Unintentional transmission of alarm, other 321 EMS call, excluding vehicle accident with inju 0111512015 14:12:12 0111512015 14:14:30 0111512015 17i18i25 No No No VEnruoN FIne DepaRTMENT Type of lncident Report Total lncidents: 2014 =48 January 1r 2014 - January 15, 2014 otnanotS INCIDENT TYPE E Abdomlnal Patn-A E CHEST PAIN.D-' E SICK PERSON-D'' ETC UECNON.D'' E TC wlth Trapped Peopte E TRAFFIC COLUSION.D* E UNKNOWN PROBI..EAA.D-' F Auto vs Tnln F Commerclal Flre F Etectrlcal Short F Flre Alam No Reset F lnv€stiga on F Natural G6 Lcak - O.ftslde F Structure Flre F Vehlcle Fire F Water Flou, Alam No Reset F Water Flow Alann With Reset S Water Problem 1 3 7 1 1 10 2 1 l 1 9 2 1 1 1 6 I 2 REGtrHVF-D FEB 0 4 2015 CITY CLERK'S OFFICE RECEIVED FEB 0 2 2015 CITY ADMINISTRATION POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Verno& California 90058 Telephone (323) 587-5171. Fax (323) 826-'1,481, February 2,2015 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01o.ffi., January 16,2015 up to and including midnight of January 31,2015. Respectfully submitted, VERNON POLICE DEPARTMENT ,,0,'-"u9 o4I- DANIEL CALLEROS CHIEF OF POLICE DC/dr Eacfusivety hfiutrbf of @0u." n VERNON POLICE DEPARTMENT Department Activity Report furisdiction' vERNoN FirstDate: o1t16t2o'ts Last Dote: 01t31t2015 Department Complaint Type Description All Units Primary Unit VPD 10-6 1 0-96H 10-96M 2000'lR 20002 20002R 242 242R 273.5 415 459A 459R 459S 45gVR 476R 484 484R 487R 503R 586 594 594R 602 901 9017 9027 902TR 909E 9097 911 91 1A 91 7A 92OPR 925 AB109 ASTVFD BOVEH CITCK CIVIL CODE5 DARE DET DETAIL DPTAST FILING FU GTAR HBC oFFtcER rs 10-6 c7,961,962.10-10. WASH, EQUIPN PICK UP THE JAIL PAPER WORK FROM HP JAIL 10-96 MARY ffiAIL DETAIL) INJURY HIT AND RUN REPORT NON.INJURY HIT AND RUN NON.INJURY HIT AND RUN REPORT BATTERY BATTERY REPORT DOMESTIC VIOLENCE DISTURBING THE PEACE AUDIBLE BURGLARY ALARM BURGLARY REPORT SILENT BURGI.ARY ALARM BURGI.ARY TO A VEHICLE REPORT FMUD REPORT PETTY THEFT PETTY THEFT REPORT GRAND THEFT REPORT EMBEZZLEMENT REPORT PARKING PROBLEM VANDALISM VANDALISM REPORT TRESPASS UNKNOWN INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION NON.INJURY TRAFFIC COLLISION NON-INJURY TRAFFIC COLLISION REPORT TMFFIC ENFORCEMENT TRAFFIC HAZARD 911 MISUSE / HANGUP CONTACT THE REPORTING PARTY ABANDONED VEHICLE LOST PROPERTY REPORT SUSPICIOUS CIRCUMSTANCES PROBATION / PAROLE COMPLIANCE CHECKS ASSIST VERNON FIRE DEPARTMENT BROKEN DOWN VEHICLE CITATION CHECK CIVIL MATTER SU RVE I LI.ANCE/STAKE-OUT D.A.R.E. ACTIVITIES DETECTIVE INVESTIGATION DETAIL DEPARTMENTAL ASSIST OFFICER IS 10-6 REPORT WRITING FOLLOW UP GRAND THEFT AUTO REPORT HAILED BY A CITIZEN 105 I 6 I 4 5 3 I 2 4 7l 2 I 1 3 2 I J 2 t7 J l0 ,7 3 8 20 4 I 4 6 2 3 2 5 I t4 t4 6 J I I 2 I 3 30 l5 5 6 115 1 8 2 10 7 10 4 7 7 146 4 3 1 4 7 2 3 3 23 11 13 18 7 25 38 5 6 4 11 2 3 2 15 2 22 16 o 7 1 1 3 1 5 32 25 6I 0210A2U5 08:02:26 Page of 2 VERNON POLICE DEPARTMENT Department Activity Report Iurisdiction' vERNoN FirstDote: o1t16t2o'ts Lasl Dale: 01l3'll2o15 Department Complaint Type Description All Units Primary Unit VPD JAILPANIC K9 TRAINING KTP LARTCS LOJACK LPR PAPD PATCK PEDCK PRSTRAN REC RECKLESS DF REPO ROADRAGE SPEED TRAFFIC STOI UNATTACHED VCK VEH RELEASE WARRANT WELCK TEST THE JAIL PANIC ALARM BUTTON K9 TRAINING REMINDER. OBTAIN LOCATION KEEP THE PEACE I.A REGIONAL TACTICAL COMMUNICATION SYSTI LOJACK HIT LICENSE PI-ATE READER PUBLIC ASSIST-POLICE PATROL CHECK PEDESTRIAN CHECK PRISONER TMNSPORTED RECOVERED STOLEN VEHICLE RECKLESS DRIVING (23103) REPOSSESSION ROAD RAGE SPEED CONTEST OR SPEEDING (23109) TRAFFIC STOP UNATTACHED TMILER VEHICLE CHECK VEHICLE RELEASE WARMNTARREST WELFARE CHECK I 2 I I I 2 ,7 60 53 7 3 5 4 I J 221 I 62 20 2 7 1 3 3 1 2 7 11 74 69 I 8 8 4 2 9 291 1 89 25 2 17 Department:r3l8 875 Overall:1318 876 02/02/2015 08:02:26 Page of Period Ending: 0ll3lll5 TRAFFIC COLLISIONS TOTAL NON-INJURY INJURY Pedestrian Fatalities City Property Damage Hit & Run (Misdemeanor) Hit & Run (Felony) Persons Injured VEHICLES STORED Unlicensed Driver Abandoned/Stored Vehicle Traffrc Hazard CITATIONS Citations Iss (Prisoner Release) Citations Iss (Moving) Citations Iss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BY ARREST ARl5-018 CR150l4l 113s2 HS ARl5-020 CRls0148 10851(A) VC ARl5-021 CRl5015l 11364 HS ARl5-022 CRl50152 11377 HS ARl5-026 CRl50161 484 PC ARl5-027 CRl50162 l1377 HS ARl5-029 CRl50082 496PC VERi\ON POLICE DEPARTMENT Police Activity Report NO. 10 4 6 2 2 I 7 29 22 J PROPERTY RECOVERED VEHICLES: $2,500.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: $4,000.00 t2 t28 t4 t42 6t 67 VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 01/31/15 MALE FEMALE TOTAL ASSAULT WrtTI A DEADLY WEAPON BURGLARY CRIMINAL THREATS DOMESNC VIOLENCE GMND THEFT 1 1 IDENTITY THEFT POSS. CONTROLLED SUBS,4 4 POSS. STOLEN PROPERTY 1 1 RAPE ROBBERY VEHICULAR MANSLAUGHTER VEHICLE THEFT TOTAL FELONY ARRESTS 6 0 6 MALE FEMALE TOTAL BATTERY CRIMINAL THREATS DRIVING UNDER THE INFLUENCE 1 1 FALSE INFO TO PEACE OFFICER PETTY THEFT 1 1 POSS. NARC. PARAPHERNAUA 1 1 RESISNNG ARREST TRESPASSING VANDAUSM WARRANTS (BENCHTTRFC)7 7 WARRANTS (FOREIGN) TOTAL MISD. ARRESTS 10 10 MALE FEMALE TOTAL BURGLARY PETTY THEFT POSS. STOLEN PROPERTY VANDAUSM VEHICLE THEFT TOTAL JUVENILES DET.0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 19 31 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o1/16/2ots Jurisdiclion' vERNoN Last Date: 01t16t2015 Call Number Disp Ten Received Code Comolaint Caller Address Ilnit Time Dep Officer Unil Dispalch Enroute OnScene DeDart Arrive Remove Comp 20150100985 RpT 0'll'1612015 00:00:42 vt vcK CITE 20150r0r000 Vt 0111612015 06:17:01 RPT VCK 20r50r01003 FRU;T1-AND AV // G;FF9RD AV, vERNoN DeDartmeru OCA Number RMS JarisvPD CM0150110 CA0'197300 VPD HERRERA.GUSTI-,I19 VPD VALENZUELA,FEIl Ll O 01t16t2015 02.37.47 TMFFIC STOP 3824 S SANTA FE AV, VERNON S/A 7 VPD HERRERA,GUSTI-1L9 VPD VASQUEZ,LUIS 1L'12 DeDartmeru OCA Number RMS JurisvPD CR201501'11 CA0197300 00:00:42 00:00:45 02:37:47 02:37:.55 02:39:16 08:13:38 07:35:25 07:49:56 08:13:36 00:00:56 03:26:29 03:13:43 09:02:18 09:02:17 09:O2:21 14:58:32 00:21:04 06:41:42 09:'15:03 15:01:10 4545 PACIFIC BL, VERNON VPD HERRERA.GUSTI-119 BANDINI BL // ATI.ANTIC BL, VERNON VPD CHAVEZ,CELEST*2L1 1 07:23:39 07'.33:21 07:49:57 DeDarlmeru OCA Number RMS JurisvPD CR20150112 CA0197300 06:1 7:01 Deparlment OCA Number RMS JurisvPD CR20150113 CA0197300 RpT 0111612015 07:21:35 ALFREDO MEZA 242R VPD GAYTAN,LORENZ2II? VPD CERDA.EUGENI02LS VPD RODRIGUEZ,FER2S2 0111612015 13:44'.54 NOE AYALA 51OO S SANTA FE AV, VERNON VPD CERDA,PAUL,JR *2L12 13:46:08 13:46:09 13:52:18 Deparlmeru OCA Number RMS JurisvPD cR20150114 CA0197300 01/17/2015 04:37:31 20001 R VPD CERDA,EUGENIO2LS 13:54:'13 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: 01t16t2o15 Last Date: o1l16t2o'15 Call Number Disp Ten Code Received Comolaint Caller Address Officer Unit Time 20r50101019 RPT 2015010r039 RPT DeDarlmenr VPD 17:24:04 '17:36:58 Depsrtment VPD 22:35:15 22:37.59 OCA Number cR20t50115 OCA Number cR201501 '16 RMS Juris cAo1 97300 RMS Juris cAo197300 Unil 0'll'1612015 17:22:40 AT&T MOBILITY 800 635 6840 4 9O1T E27TH // ALAMEDA, VERNON VPD CERDA,PAUL.JR*2L12 17:24:03 Enroute OnScene Deoart Anive Remove Como SECURITY GUARD 28OO S SOTO. VERNON VPD VASQUEZ.LUIS -142 22:35:14 18:20:04 23:04:00 01/17/2015 04:37:31 Page of VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Jurisdiclion' vERNoN First Date: o1t17t2o1s Lasl Date: o1t1zt2o1s Call Number Disp Ten Received Code Comolaint Caller Address o'U17t2015 TRAFFIC STOP E WASHINGTON BL // INDIANA, VERNON VPD VASQUEZ.LUIS -1A.2 01/18/2015 05:10:4i lof llnit Time Dep Officer Unit Dispatch Enroute OnScene DeDart Arrive Remove Comp 02:27:OO VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Firsl Date: 01118t2015 Jurisdiction' vERNoN Last Date: 0'lt'l8l2o'ts Call Number Disp Ten Received Code Comolaint Caller Address Unit Time DeD Off,ce. Unit Disoalch Enroute Onscefie Deoart A.rive R.mote Como 20r50r01122 Vt o1l1a2015 01:12:55 crrE rneFFrc srop E 25rH // sANr FE AVE. vERNoN Wtr'^" Ml!tri|* W"!ffi VPD VASOUEZ.LUIS '119 01l2i55 0'l:56:15 VPD SWINFORD.PHILLILI2 Ot:14:11 01:20:09 01:56:15 20r5010t I66RpT 01/1&2015 23:18:30 v spEED 37zo E wAsHrNGroN BL. vERNoN W;'*^ gfAltf"" ffi{rttr CITE VPD HERMNDEZ.MIG*IL3 23:18:49 00:13:40 VPD SWNFORD.PHILIILa 23:21:54 00:13:41 01/19/2015 00:38:5(Page 1 of 1 I )enofec Pr1mr.ft, I lr]r VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: oitlgt2ois Jurisdiction' vERNoN Last Date: o1t1st2o1s Call Number Disp Ten Received Code Comolainl Caller Address IInit Timp Deo Oflicer Unil Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101 r95 RPT 011'1912015 10:19:06 SHAMROD 9O2T 3101 E 26TH. VERNON DeDartmeru OCA Number RMS JurisvPD CR20150120 CA0197300 VPD REYNA.JOSE S 2111 VPD RAMOS,JOSE 2L12 VPD ZAPIEN.DAVID 252 20150101202 RpT 0111912015 13:02:36 A3 DESTGN REPO REPO VPD VILLEGAS.RICHA*2L8 'lO:2O:52 10:26:56 10:36:10 10:44:42 10:49:49 1 0:56:10 10'.28'.23 1'l:25:01 11:25:02 'l 1:33:45 11:44:43 13:44:59 3821 S SANTA FE AV, VERNON VPD RECORDS BURE/RECD DeDarlmeru OCA Number RMS JurisvPD CR20150121 CA0197300 13:05:30 01/20/2015 04:38:5!Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unil Times and Locution with OCA's Firsl Date: o1t2ot2o1s Jurisdiction: vERNoN Lasl Date: o1t2ol2o15 Call Number Dkp Ten Received Code Complaint Caller Add?ess Unit Time Dep Oflicer Unil DisDatch Ewoule OnScene Deparl Anive Remove Comp 20r 50r01240 CITE VI RPT 20150101241 VI 20150101257 VS CITE RPT 20150101264 RPT 01l2Ot2O15 07 4641 TRAFFIC STOP O1l2Ol2O15 11:55111 9017 E vERNoN AV // FURLoNG pL. vERNoN ?SBo*"", ?€{ItB* #rr"r{t[i" VPD GAYTAN.LOREN2-2112 VPD MMOS,JOSE '2L11 09122:52 09:22:58 09127 17 VPD REYNA JOSE S 218 07:46:41 Departmem OCA Number RMS JurisvPD CR20150124 CA0197300 09:09 28 DeDorlment OCA Number RMS lurisvPD CR20150125 CA0197300 09:59.32 DeDarlme OCA Numbet RMS JurisvPD CR20150126 CA0197300 10:35.39 DeDarlmeru OCA Number RMS JutisvPD CR20150127 CA0197300 00.10:42 08 42:43 09i20 05 O1|2ODO15 O7:47:1O pATTy 9o2T S SANTA FE AV // VERNqN AV. VERN9N Depsrtment OCA Numher RMS JarisvPD CR20150123 CA0197300 VPD NEWTON.TODD 'Ml 07:48:18 07:48:31 08.01i35 20150101249 RPT 20150101250 RPT crry 01/20/2015 09:09:11 92OPR S SOTO //VERNON AV, VERNON VPD RECORDS BURErrecd 0'l/20/2015 09:'18:34 NEW CHEF FASHTON 9O2TR 3223 E 46TH. VERNON 0'1120/2015 10:35:38 VCK 2141 E 52D. VERNON VPD GAYTAN,LORENZ2Ll2 1O:17:22 1O:17:22 E 37TH // SANTA FE AV VERNON VPD GAYTAN.LOREN?2112 11:55:43 11:55:43 '11 57:07 '11:04 10 12:44:28 12:24:32 01/21nU5 05:03:5t VPD RAMOS.JOSE 2L11 12:01:50 12:O4t3O Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o1l2ot2o15 Jurisdiclion' vERNoN Last Date: o'tt2ot2o1s Csll Number Disp Ten Received Code Comolaint Csller Address Unit Time Dep Oflicer Unil Dispatch Enroute OnScene Depart Arrive Remove Comp 201s0101264 VS RPT 01l2Ol2O15 11:55:11 9O1T E 37TH // SANTA FE AV. VERNON VPD ZAPIEN,DAVID 252 VPD NEWTON.TODD M1 DeDortmeru OCA Number RMS JurisvPD CR20150127 CA0197300 '11:57:45 12:02:10 1 l:59:49 '12:24:06 12:24:39 20rs010r273 RpT 01t2012015 14:43:05 TRUE WORLD FOODS 594R 42OO S ALAMEDA, VERNON 20150101283 C;TE 0112012015 16:44:32 vt TRAFFTC STOP S ALAMEDA // 55TH, VERNON VPD GAYTAN,LORENT2L1? VPD GAYTAN,LORENT2LI2 14:44:04 '14:M:O5 14:50:26 Deparlmeru OCA Number RMS JurisvPD CR20150128 CA0197300 DeDarlmem OCA Number RMS JurisvPD CR20150129 CA0197300 16:44:32 15:17:23 17:37:'14 01/21/2015 05:03:5t Page 2 of 2 YERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Dale: o1t2'v2o1s furisdiction' vERNoN Last Date: o1t21t2o1s Call Number Disp Ten Received Code Comolaint Caller Address IInil Time- Dep Officer Unit Dispatch Enroute OnScene DeDurt Arrive Remove Comp 201s0r01312 C|TE O1l21nO15 07:21120 vt TRAFFIG sToP ALcoA Av // vERNoN Av vERNoN D'oarta" (rcA Number RMS L,,itvPD CR20150131 C40197300 RPT VPD GqYTAN,LOREIIT2LA 0724.20 07:€:28 20r50101320v 0112112015 0E:42:04 RPT TRAFFIC STOP STAUSON AV// LOMA VISTAAV' VERNON D.OATTN'fi OCA NUMbA NMS TUTISvPD CR20150132 CA0197300 CITE vPD GAYTAN,LORENZzLB 08142:04 09:05:25 20150101325 C|TE 0112112015 09:57:26 V TnrFFIo sToP coRONA av // 4ETH. vERNoN DeDthte"l OCA Na'lnbet nMS laisvPD CR20150133 C40197300 RPT VPD GqYTAN.LORENZ2LB 09:57:26 10:29:22 20150101326 RpT 0l/2112015 10:06:08 STAMrEX NC 45svR 4a79 FRUTTLANDAV. vERNoN D.ra rE OCA Nt rnber RMS JatirvPD CR20150134 cJq0r97300 VPD ELASAUEZ.RICI2L11 10:10:12 10:10:19 10:23:03 10:43:42 2015010I32E C;TE 0112112015 10:36:17 RPT VCK VI 20150r0r341 Vt 2LB 0112112015 12117:32 VCK EVERETT CT // FRU1TIAND AV, vERNoN Deparlmeru OCA Number RMS JarisvPD CR20150135 CA0t97300 VPD GAYTAN.LOREN2*2L8 1 0:36:17 1 1 :08:13 EVERETT cT // FRUTTLAND AV, vERNoN Departmeru OCA Number RMS JurisvPD CR20150136 CAol 97300 12'.45 17 01/22/2015 05:06:0i VPD GAYTAN.LORENZ2LS 12:17:33 Page 1 of 2 YERNON POLICE DEPARTMENT Call Log Report Type All Unit Times snd Location with OCA's furisdiclion' vERNoN First Date: o1t21t2o1s Last Dale: o1t21t2o1s Call Number Disp Ten Code Caller Address Dep Officer Received Complaint ILnit Time Unit Dispatch Enroute OnScene Deoart Arrive Remove Comp 20150101352 RPT CITY 2015010r360 1015 RPT 20rs0r01366 1 015 RPT 1L'11 O1l21l2O'15 '14:29:17 9017 01121120'15 17:17:31 FU 0112112015 21:49:46 WARRANT COASTAL CLOSEOUTS INC DOWNEY RD // LEONIS BL, VER VELASQUEZ,RICY2L11 MADRIGAL.MARU2LI2 GAYTAN,LOREN22LS ZAPIEN,DAVID 252 RAMOS,JOSE 2z.8 NEWTON.TODD M1 Depailmeru OCA NumbervPD CR20150137 14:31:52 14:36:37 14:33:14 '14:3607 14:42:45 14:37:24 17:'17:32 '17:17:38 17:17:40 RMS Juris cA0197300 16:33:09 VPD VPD VPD VPD VPD VPD 14'.30:20 14:31:45 14:30:31 16:51 :19 16:51 :20 '16:51 :20 16:51 :20 16:51 :21 2661 OLIVE ST, HUNTINGTON PARK VPD ENCINAS,ANTHO"5D35 VPD MARTINEZ,GABR5D3l VPD ONOPA.DANIEL 5D34 OCA Number cR20150'138 RMS Juris c40197300 18:27:56 '18:27:55 18:27:56 22:44:13 GAGE // RITA, HUNTINGTON PARK VALENZUEI.A.FET1 Ll l DeDartment VPD 21:50:03 21:55:09 01/22/2015 05:06:02 Page of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Dale: o1t22t2o'ts Iurisdiclion' vERNoN Last Dale: o'tt22t2o1s Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Officer Unit Disoalch Enroute OnScene Depart Arrive Remove Comp 20150101371 C1TE 0112212015 00:43:59 RPT VI 20r50r01372Vt ,tL12 0112212015 01'.23.52 ctrE vcK RPT 20150101374 RPT VI CITE 20150101375RpT 0'112212015 02:'15:16 .1015 DPTAST 20t 50101376 RpT 0112212015 03:03:35 DPTAST 20150101377 RPT TRAFFIC STOP 5600 S SOTO, VERNON VPD HERRERA.GUSTl*lLl2 VPD VALENZUEI.A.FEI1Ll.I 5600 S SOTO, VERNON VPD HERRERA,GUSTTlLl2 0112212015 01:57.43 TMFFIC STOP 45OO S SANTA FE AV. VERNON VPD HERRERA.GUSTI-1112 VPD VASQUEZ.LUIS,ILS Depurtmeru OCA Number RMS JurisvPD CR20150139 CA0197300 00:43:59 00:44:18 00:53:28 Departmen OCA Number RMS JurisvPD CR20't 50140 CA0197300 01'.23:52 DeDartmeru OCA Number RMS JurisvPD CR20'150142 C40197300 01 .57'.43 0"1 :58:33 02:06:'16 Deparlmeru OCA Number RMS JurisvPD CR20150't41 CA0197300 02:16:38 DeDartmeru OCA Number RMS JurisvPD CR20'150143 CA0197300 03:03:51 Deparlmeru OCA Number RMS JurisvPD CR20150144 CA0197300 3940 W CENTURY BLVD, INGLEWOOD VPD CROSS,JEREMY -5D41 4305 S SANTA FE AV, VERNON VPD ESTMDA.IGNAC*1S1 0123:20 01''23'.20 01 :37:33 03:09:42 03:09:42 03:09:32 03:09:21 0112212015 04:53:51 BENTEX COTTON 487R 4154 BANDINI BL, VERNON 01/23/2015 02:31:2t Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o1t22tzo1s furisdiction' vERNoN Last Dale: o1t22t2o1s Call Number Disp Ten Received Code Complaint Caller Address Ilnil Time Dep Officer Unit Dispalch Enroule OnScene Deparl Arrive Remove Comp 201501 01377RpT 0112212015 04:53:51 BENTEX COTTON 487R 4154 BANDINI BL. VERNON VPD VALENZUELA.FET1Ll1 20150101379 Departmem OCA Number RMS JurisvPD CR20150144 CA0197300 04:58:25 05.05'.22 Deparlmeru OCA Number RMS JurisvPD CR20150145 CA0197300 05:25:51 Deparlmeru OCA Number RMS JurisvPD CR20150146 CA0197300 07:43:20 08:20:04 RPT VI CITE 20r 50101385 RPT 20150101420 01122120'15 05:25:51 VCK 4641 HAMPTON. VERNON VPD HERRERA,GUSTI*1L12 0112212015 07:40:39 BENTEX COTTON GTAR 4154 BANDINI BL. VERNON VPD CERDA,PAUL,JR -2L3 1260 SOTO. LOS ANGELES VPD CERDA.PAUL,JR -213 VPD CERDA,EUGENI02Ll VPD VEI.ASQUEZ.RIC}212 VPD MADRIGAL,MARII2LS VPD ONOPA.DANIEL 5D34 VPD VANOVER,DONAIK92 09:'1 I :08 10:48:48 '11:27:51 10:46:44 10:40:39 11:27:23 06:00:1 9 05:48:13 13:57:02 201$101388RpT o1l22Do15 OA:O9:42 OUTOFTHE BOX MOVTNGGTAR 4B1o EVERETTAV, vERNoN ,eoatu E tt OCA Nambu RMs.lurisvPD CR20150147 C40197300 vPD CERDA.EUGENIO2LI 08:12:1l:} 08:14:00 08:21:51 06:36:26 1o:2o:20 2015010r400 1015 0112212015 10:30:31 RPT REC VREC Deparlmen OCA Number RMS JurisvPD CR20150'148 CA0197300 'lO:31:47 10:43:56 10:33:30 10:36:35 10:40:13 10:36:53 10:33:44 01/23/2015 02:31:2(Page 2 of 3 -t VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o1tz2t2o1s Jurisdiclion' vERNoN Last Date: oil2a2o$ Call Number Disp Ten Received Code Complaint Caller Address [Init Time Dep Officer Unil Dispatch Enroute OnScene Depart Arrive Remove Comp 201s0r0r420 RpT o1D2nO15 17:19:01 so2TR sLAUsoN Av// STATE. vERNoN DeDtlmen OCA Nambq nMs -lutisvPo cR20150149 C40r97300 VPD CERDA.EUGENIO.2LI 17:20:16 17:20:17 17:20:27 18132:47 20150101421 RpT 01t2212015 17:55.58 VERTZON WRELESS 8OO 45t 5242 4gotT S ATLANTTC BL// D|STR|CT BL, VER..^.. D.ndnh.ht OCA Nu h., RMS Jurisvpir cR2or5ol5o cAo1973oo VPD CERDA.PAUL.JR 2L3 18:02:13 1A:O2:21 18:08i27 18:58:03 VPD STEVENSON,KEiK9I iE:49:09 1A:52:21 18:53:51 201501014331O1S 0112212015 22:02:39crrE rRAFFrcsrop E sLAUsoN Av // sANrA FE AV. vERNoN W3,"^*, e.{A#El* XiJttr VPD HERREM.GUSTTiL9 22:02:39 22:44:50 VPD VASQUEZ.IUIS 1Lr2 22:02:43 22:07:47 22:03:13 22:44:fi 01/23/2015 02:i1:21 Page 3 of 3 VERNON POLICE DEPARTMENT Cull Log Report Type All Unit Times and Location with OCA's First Date: o1t23tzo1s Jurisdiction' vERNoN Lsst Dole: o1t23t2o1s Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene DeDart Arrive Remove Comp 20rs0l0r 439 1015 0112312015 01:27:00 RPT VI 20150101459 RPT 20150101467 RPT 5151 ALCOA AV, VERNON VPD VELASQUEZ,RIC!*2L2 11:15:49 11:16:06 11:40:37 20150101463 REpO 0112312015 12:56:37 REPO 4789 LOMAVISTAAV, VERNON VPD RECORDS BURETRECD TRAFFIC STOP S ALAMEDA II25TH, VERNON VPD HERRERA,GUSTI"lL9 VPD VASQUEZ,LUIS 1L12 VPD STEVENSON.KENKg,I 0112312015 11:14:02 RETTE WAy MEAT pACKERS 0112312015 15:32:08 JC SALES 487R DeDorlmeru OCA Number RMS JurisvPD CR20150152 CA0't97300 01:27:OO 01:56:01 01 .27.18 o',t.28.37 DeDartmeru OCA Number RMS JurisvPD CR20150153 CA0197300 Depsrlmeru OCA Number RMS JurisvPD CR201s01s4 CA0197300 13:02:52 Deparlmeru OCA Number RMS JurisvPD CR20150155 CA0197300 DeDarlment OCA Number RMS JurisvPD CR20150't56 CA0197300 DeDartmeru OCA Number RMS JurisvPD CR20150157 CA0197300 21:27:51 02:38:23 02:38:23 02:38:24 '12:26:16 13:08:28 16:31:14 19:47.46 22:11:05 2600 S SOTO. VERNON VPD VELASQUEZ,RTI2L2 15:34:19 15:34:19 15:56:45 20150101480 RpT 0112312015 '18:00:11 LA COUNTy F;RE #76 901 T 3730 E WASHINGTON BL, VERNON VPD VANOVER.DONATK92 18:03:56 18:03:56 '18:10:12 20150r01491 Vt 0112312015 21:27:51 RpT TRAFFTC STOP S SANTA FE AV il 52ND, VERNON VPD LANDA,RAFAEL -1A8 01/21/2015 01:45:5!Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times ond Location with OCA's First Date: o1t23t2015 Jurisdiction' vERNoN Last Date: olnyzots Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Aruive Remove Comp *** THIS PAGE INTENTIONALLY BLANK *** 01/24/2015 01:45:55 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unil Times snd Location with OCA's Iurisdiction' vERNoN First Date: o1t24t2o'ts Last Date: o1tz4t2o1s Coll Number Disp Ten Received Code Comnlaint Caller Address Unit Time Unil Dispatch Enroute OnScene 0112412015 1'l:44:54 HURADO TENERO PACIFIC BL II 52D, VERNON VPD CERDA,EUGENI0'219 DeDarlmeru OCA NumbervPD CR20150158 1'l:50:03 01/25/2015 03:52:2!of VREC REC 12'.'16:44 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times ond Location with OCA's Firsl Date: o1t2st2o15 furisdiction' vERNoN Lasl Date: 0112512015 Call Number Disp Ten Received Code Complaint Caller Address Unit Time Deo Officer Unit Dispatch Enroute OnScene Deoart Arrive Remove Comp 2015010r s60 101 5 0112512015 09:00:44 RPT WRNTSVC 2015010r563 1 015 0112512015 09:53:08 WRNTSVC 20150101568 1015 0'112512015 12:28:28 WRNTSVC 201s0101579 RPT 5727 GAGE AVE. BELL GARDENS VPD CERDA,EUGENIO-2W8 VPD CERDA,EUGENIO-2W8 16083 LEANDER DR. HACIENDA HTS VPD CERDA,EUGENIO-2W8 DeDarlmeru OCA Number RMS JurisvPD cR20150159 cA0'197300 09:00:44 09:54:34 12:28:28 12:38:03 DeDarlmeru OCA Number RMS JurisvPD CR201s0161 CA0197300 6522 TEM,LET.N, HUNTTNGT.N ,ARK Departmen OCA Number RMS JurisvPD CR20150160 cA0197300 20:50:34 20:52:24 21 :00:1 9 23:13:36 23:05:09 09:44:04 11.5'l:37 15:02:56 23:32:25 23:58:38 23:58:38 0'112512015 19:00:16 MELTCO tNC 1015 484 20150101585 1O1S 0112512015 22:36:05 VS VCK RPT 3031 E VERNON AV. VERNON VPD SWINFORD.PHILTlLll VPD ZOZAYA.OSCAR 11,12 VPD HERNANDEZ,MIGlLS VPD PEREZ.NICK 151 3282E26TH, VERNON VPD PEREZ,NICK -1S,I VPD SWINFORD,PHILIlLl.I VPD HERNANDEZ.MIGlL8 VPD HERRERA.GUSTIIL9 19:01 :15 19:04:53 19:04:51 19:O'l:17 19:04:54 19:03:21 19:04:48 22:37:03 22:38:.38 22:50:2O 22:46:24 22:50,'24 Deparlmeru OCA Number RMS JurisvPD CR20150162 CA0197300 22:36:05 01/26/2015 00:22:11 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's First Date: o'U26t2o'ts furisdiction' vERNoN Lasl Dale: o1t26t2o1s Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Officer Unit Disoatch Enroute OnScene Depart Arrive Remove Comp 20150r01s93 Vl 0'112612015 O1:22:O4 RPT VCK 2015010r606 C;TE 0112612015 07:31:52 vt TRAFFIC STOP E 38TH // SANTA FE AV, VERNON VPD GAYTAN.LORENZ2L,Il RpT 0112612015 09:50:43 vt TRAFFIC STOP CARMELITA // SI-AUSON AV. VERNON CITE VPD GAYTAN.LORENT2Ll l 20150101635 VREC 0112612015 10:39:'12 CHP-SOUTH l,q LOCATE 105 F1A/Y // WILMINGTON. LOS ANGELES 20150101638 DeDarlmeru OCA Number RMS JurisvPD CR20'150163 CA0197300 O'l'.22:04 Depadmeru OCA Number RMS JurisvPD CR201501il CA0197300 07:31:52 E 49TH // HAMPTON, VERNON VPD HERRERA.GUSTI-119 201501016r4 RpT O1D6no15 @:21:47 crrE TR trFrc srop E sL UsoN AV // Dor/vNEy RD. vERNoN org"'^ ffiNH* Wd;itr VPD GAYTAN,LORENZ2L1l 08:21:48 01:56:49 07:56:07 08:50:13 1 0:30: 14 20t50101630 01,'2512015 09:44:05 ;'' TMFFIC sroP 4600 s SANTA FE Av, vERNoN DeDmtmeal ocA Nahbcr RMS ta svPD CF20150167 C40r97300 vPD RAMOS.JOSE 2Ll2 09:44:05 10:47:35 20150101632 Departmeru OCA Number RMS JurisvPD CR201s0166 CA0197300 09:50:43 01/27/2015 05:03:5(Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: vERNoN First Date: 01t26t2015 Lasl Dale: 01t26t2015 Call Number Disp Ten Code Received Comolainl Caller Address Ilnit Time 2015010163E Ewoule OnScene DeDarl Arrive Remove CITE VI 20r 50t 01641 CITE VI 2015010r 642 CITE VI 20t 50t 0t645 CITE VI O1PG|2015 '11131:49 VCK S BONNIE BEACH PL // 26TH. VERNON VPO GAYTAN,LORENZ2LI l 01/2612015 11:53:03 VCK E 26TH // BONNIE BEACH PL, VERNON VPD GAYTAN.LORENZ2Ll l 0112612015 11159:30 TRAFFIC STOP WASHINGTON BL // GRANDE VISTA, VERNON VPD NEWTON,TODD 'M1 0112612015 12:26:52 VCK E 26TH // BONNIE BEACH PL. VERNON VPD GAYTAN.LORENZ2Ll l DeDarlme OCA NumbervPD CR20150168 11'.31 49 Deoo me OCA NumbetvPo cR20150169 1 1:53:03 DeDa ment oCA NumbervPD CR20150170 11:59 30 DeDsrlft.eru OCA NumbervPD CR20150171vPD CR20150172 12.26:52 RMS luris cAo197300 RMS Jaris cA0197300 RMS Jutil cAo197300 RMS Jutis cAo't97300 cAo197300 RMS Jurk c40197300 14129:55 14:37:39 1-l:52.45 12i08:09 12:30112 12:53 39 20150101649 RPT 1015 20150r01650 RPT 0112612015 13:16149 DET 01/26/2015 '13:19r09 20002R ,I2,I1 N SPRING ST. COMPTON S/A H ONOPA.DANIEL '5D34 ESCOBEDO,ALE}sD23 DOLLAR EMPIRE 4423 BANDINI BL, VERNON VILLEGAS,RICHA'2L9 13:20:51 GAYTAN.LOREN22Ll l 1317:43 13:17:58 DeDarlment VPD 13:21119 14.01:08 VPD VPD VPD VPD 18'.35:42 18:35:41 OCA Number cR20150173 UnlnUS 05:03:5t Page of VERNON POLICE DEPARTMENT Catl Log Report Type All Unit Times and Location with OCA's Firsl Date: 0112612015 Lasl Date: 0112612015furisdiction' vERNoN Call Number Disp Ten Received Code Complaint Caller Address Officer Unit Unil Time 20150r01653 RPT 20150101664 VI RPT RPT 2015010r679 RPT 0112612015 '14:20:48 594R 0112612015 16'.02:45 20002 Department VPD 16:02:46 16:04:00 16:2814 '16:18:25 OCA Number cR20150175 VERNON CHAMBER OF COMMERCE 3801 S SANTA FE AV, VERNON VPD REYNA.JOSE S -2L10 LAPD Enroute OnScene DeDartmeru OCA NumbervPD cP20150',174 14:20:48 Arrive Remove 16:38:3'l RMS Juris cAo197300 S AI.AMEDA // VERNON AV, VERNON VPD MMOS,JOSE *2L'12 VPD VILLEGAS,RICHA2L9 VPD ZAPIEN,DAVID 252 14:35.40 16:56:45 16:56:45 21 .17:55 0112612015 20:42'.55 GTAR 44OO ALCOA AV. VERNON VPD ZOZAYA.OSCAR -111 DeDarlmeru OCA NumbervPD cR20150176 20:44:01 01/27/2015 05:03:5t Page of VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Locution with OCA's Fi?sl Dale: 01t27t2015 Iurisdiction: vERNoN Lost Dote: o1t27t2o1s Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Officer Unil Dispalch Enruule OnScene Deoort Arive Remove Comp 20t 50r0r693 RPT 0112712015 O3t2O:26 K&M MEAT CO 484R 2443 E 27TH, VERNON VPD ZOZAYA,OSCAR -1L1 VPD SWINFORD,PHILIl L3 Deportment OCA Numbet RMS JurkvPD CR20150177 CA0197300 03:24:10 03:34:28 03:24:13 03.27:49 03:33:12 08:43:11 04:17 38 08 05:06 12:21 57 14 10 39 20150 t 0t 699 VI CITE RPT 20t50101703 VI CITE RPT 20150101730 VS 20150t01738 CITE VI RPT 0112712015 11:52153 VCK 0112712015 07140:36 TRAFFIC STOP DOWNEY RD // sOTH. VERNON VPD GAYTAN.LORENz'2110 01t27t2015 081613 TRAFFIC STOP 3055 FRUITLANDAV, VERNON VPD GAYTAN.LORENZ-2110 DeDarlme OCA Number RMS JurisvPD CR20150178 CA0197300 07:40:36 Deparlmeru OCA Number RMS JurisvPD CR20150179 CA0197300 08.16113 sBoNNTEBEAcHpL//BANDTNTBL,vERNoN DGBailmeru g€A\tft!* Yirlr!ff VPD GAYTAN,LORENz'2110 11:52:53 Deporlmem OCA Number RMS JurisvPD CR20150181 CA0197300 13:43:18 0112712015 13:43:14 TMFFIC STOP 5353 DOWNEY RD. VERNON VPD GAYTAN,LORENZ2Ll O 20150101149 VREC 0112712015 15:07:20 LASO LOCATE 57TH // EVERETT, MAYWOOD 01/20n015 05:04:1t Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 0112712015 Lasl Date: 0'/,12712015Jurisdiction' vERNoN Call Number Disp Ten Code Caller Address Dep Officer Received Complaint Unit Time Dispatch Enroute OnScene Deparlmeru OCA NumbervPD CR20150182 15:25:07 Departmeru OCA NumbervPD CR20150183 16:08:42 Remove Comp 16:07:09 16:50:48 20r50101750 VI 20tsol0t7s2 VI 0112712015 15:25:07 TRAFFIC STOP DOWNEY RD // sOTH. VERNON VPD GAYTAN,LORENZ*2110 0112712015 16:07:00 TMFFIC STOP 5899 DOWNEY RD, VERNON VPD GAYTAN.LORENZ'2110 RMS Juris cA0197300 RMS Juris cAo't97300 01/28/2015 05:04:4(Page of YERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Locution with OCA's Jurisdiction' vERNoN Firsl Dale: 01t28t2o15 Lasl Date: 01t2812015 Call Number Disp Ten Code Caller Address Dep Oflicer Received Complaint Unit Time 20150101767 RPT 20t50t01774 VI CITE RPT 20150101782 CITE VI RPT 201501 0l 785 1 015 FI SOW RPT 20150101786 RPT 0112812015 06:20:58 9017 0112812015 08:29:59 TRAFFIC STOP 0112812015 09:52:30 586 0112812015 1O14:O2 FU 01128120't5 10:14:34 PATCK Unil AT&T MOBILITY 800 635 6840 4 S BOYLE AV // SI.AUSON AV, VERNON VALENZUEI.A,FETl L,Il DOCHERry.MICHl 112 2L11 DOWNEY RD // SLAUSON AV, VERNON GAYTAN.LORENT2L'12 E27TH // SANTA FE AV. VERNON GAYTAN,LORENT2L12 8905 S WESTERN AVE, LOS ANGELES ENCINAS,ANTHO*5D35 MARTINEZ,GABR5D3l ONOPA.DANIEL 5D34 CROSS.JEREMY 5D41 GRAY.BRANDON DSAM Vernon Elementary School 2360 E VERNON AV. VERNON DeDartment VPD 06:22:30 06:25:22 06:22:33 06:29:01 06:56:46 07:05:28 Enroute OnScene Depart Remove RMS Jurk cA0197300 07:14:39 RMS Juris cAo197300 OCA Number cR20150184 VPD VPD VPD VPD VPD VPD VPD VPD 1O14:02 'lO:14:43 1O:'14:40 10:14:49 1O:'16:4'l 07:22:53 07:22:54 08:54:41 10:08:32 15:'12:43 15:12:44 15:12:44 '15:12:44 Deparlmeru OCA NumbervPD cR20150185 08:29:59 Departmeru OCA NumbervPD CR20150186 09:52:30 01/29/2015 05:08:2i Page 1 3:18:57 2lof |/ERNON POLICE DEPARTMENT Cull Log Report Type All Unit Times und Location with OCA's First Date: o1t28t2o1s Jurisdiction' vERNoN Lasl Date: o1t28t2o1s Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101786 RpT 0'112812015 1014:34 Vernon Elementary School PATCK 2360 E VERNON AV. VERNON VPD GAYTAN,LOREN7"2L12 0112812015 't 1:16:35 VCK E 57TH // SANTA FE AV, VERNON VPD GAYTAN.LOREN7*2L12 2015010t 796 C;TE 0112812015 11.57'.18 vt TRAFFIC STOP 4400 s SANTA FE AV. VERNON VPD GAYTAN.LOREN2*2L12 10:'19:19 10:3'l''24 DeDarlmeru OCA Number RMS JurisvPD CR20150187 C40197300 11:16:36 DeDarlmeru OCA Numbu RMS JurisvPD CR20150188 CA0197300 11:57'.18 Deparlmeru OCA Number RMS JurisvPD CR201s0189 CA0'197300 10:40:33 '11:41:48 12:26:49 20rs0101824 VI 0112812015 18:16:25 TRAFFIC STOP E 55TH // SANTA FE AV, VERNON VPD GAYTAN.LORENZ-ZL12 1 8:16:38 18:41:53 18:46:07 20150r01&7 1Oi5 01/2E42015 19:18:05 LAPD METRO DETENTION \ilrARRAlIT 160 N LOS ANGETES ST. LOS ANGELES VPD DOCHERTY.MICHILI 19:19:31 1919:32 19:50:36 21:05:10 01/29/2015 05:08:2i Page 2 of 2 tr VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 01t29t2015 Jurisdiction' vERNoN Last Date: o1t29t2o1s Call Number Disp Ten Received Code Complaint Caller Address (Init Time Dep Officer Unil Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101836RPT o1r2912o15 O145:2O crrE 112 rRAFFrc srop 33oo E sLAUsoN Av. vERNoN o,tr""^ g#ilt$* Xi{rffi VPD HERRERA,GUSTl* ,112 VPD VALENZUEI.A.FEIlL3 VPD GAYTAN,LOREN2*2110 01:45:20 O'l:45:27 01:51:59 O2:'17:23 02:17:23 08:25:16 10:02:22 11:42:38 15:24:38 20150101E47 01/2912015 08 0t't5;;; rruFFrc srop E vERNoN AV // FURLoNG pL. vERNoN |fi"**' #AX1H* Xi"lritr VPD GAYTAN,LORENz"2LlO 08:01 :15 20t50t0r856 01292015 09:34:41 ;; - rFrAFFrc srop irrAylvooD Av // sLAUsoN av, vERNoN l;3'"^"^ g€{W' Em{#tr VPD GAYTAN,LORENZ2LlO 09.34.41 20150101865 C;TE 0112912015 11'12:'11 VS VCK 201sor 01888 S BoNNtE BEACH pLtt 26T11,VERNON DeDartmeru OCA Number RMS JurisvPD CR20150193 CA0'197300 REpO 01129120'15 14:51:26 CTRCLE K REPO 2575 S SANTA FEAV, VERNON VPD RECORDS BURE*RECD 11:12.'11 Departmeru OCA Number RMS JurisvPD CR20150194 CA0197300 '14:56:31 20150101908 O112912015 23:12.02 ;'" TRAFFlcsroP oowNEY RD //vERNoN Av vERNc'' DcDo m t ocA Numbq RMs 'la'i.''' vPD cR2or5o195 cAoi 973oo voto 01/30/2015 04:40:5i Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o'lJ29i2o'ts Jurisdiction' vERNoN Last Date: o1t29t2o1s Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer Unil Dispatch Enroute OnScene Depart Aruive Remove Comp 20150101908SRVD 0112912015 23.1.2:02 DA VOID TMFFIC STOP DOWNEY RD // VERNON AV. VERNON VPD VALENZUEI.A,FETlL,IO VPD LANDA,RAFAEL 1L1 1 DeDarlmeru OCA Number RMS JurisvPD CR201s0195 CA0'197300 23:12:02 23:12:44 23:15:13 2015010r909 \^ O1D9D015 23:12:35 ;* TRAFFTc srop pAcrFrc BL // FRUTTLAND Av. vERr'_ nhd" ' oc4 Nu htt RMS tu?isvpir cR20150196 cAorg73oo VPD HERRERA,GUSTTIL9 23112:35 VPD VASOUEZ.LUIS 1L12 23:12:41 23:13:51 23:31:33 23:32:56 23:32:57 23:44:02 01/30/2015 04:40:5i Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Dale: 01/30/2015 Jurisdiction' vERNoN Lasl Date: o1t3ot2o15 Call Number Disp Ten Received Code Complaint Caller Address Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp IInit Time 20150101911 Vt 01/302015 00:46:33Rpr rMFFrc srop E DrsrRrcr BL // DowNEy RD. vERNoN W!r"*t ffiItfi!* ffi{#tr vPD HERRERA.GUSTfIL9 00:46:33 01:31:01 vPD LANDA.RAFAEL 1L11 00:46:36 00:49:09 01:31:01 20150t0t917 NRD 01r3CU2015 05:49:52 UPSRpr 273.s 2673Ross.vERNoN 3if'*'K4xti** [K{rZ# VPD VASQUEZ,LUIS '1L12 05:52:30 05:52:31 0557:37 07:05:54 VPD VALENZUELA.FEIILIo 05:59:53 06:57:30 VPD LANDA.RAFAEL 1L1l 06:26:45 07:05:46 vPD HERREM.GUST/11g 06:13:35 06:23:35 o7:o4:42 20150101924 VO|O 0r/30/2015 08:59:29 NOVATEX |NTLAssr 5e4R 3170 E srAUSoN Av. vERNoN l;f'*'"' trA\t$* !tr{ritr VPD CERDA.EUGENIe2LS 09:00:55 09:00:55 09:t0:24 09:03i18 10:44:26 VPD CHAVEZ,CELEST2LI l 09:03i08 09:11:35 10.14:24 20ts0t0r927 REpO 0113012015 10:37:26 REPO 4505 BANDINI BL, VERNON VPD RECORDS BURE/RECD 1 1:49:48 20150101928 RPT 0113012015 10:48:03 1721 cROUp 47OO S BOYLE AV. VERNON VPD CERDA.PAUL.JR -2L12 10:48:58 10:48:59 11:05:34 '12:18:58 201s0r01935 RPT DeDsrlmeru OCA Number RMS JurisvPD CR20150202 CA0197300 14:34:39 DeDurtmeru OCA Number RMS JurisvPD CR20'150200 CA0197300 10.44'.04 Departmeru OCA Number RMS JurisvPD CR20150201 CA0'197300 0'113012015 13:47:10 SpRtNT 866-398-3284 2OOO2R 2424E26TH, VERNON 01/31/2015 02:41:2t VPD CERDA,EUGENIO*2LS 13:49:26 13:49:26 13:57:27 Page 1 of 2 459R VE RN O T,{ P O LI C E D E PARTM E IVT Call Log Report Type All Unit Times and Location with OCA's Fitst Dste: olt3ot2ols Jurisdiction: vERNoN Lasl Dale: ol/3or2ols Call Number Disp Ten Received Code Comolainl Culler Address Unit Time Dep Officer Unit Dispttlch Enruule OnScene DeDa Anive Remove ComD 20rs0r01939 RPT 20150101956 '1015 01/30/2015 21:48:06 PEDCK VPD VALENZUELA.FETl L9 VPD VASQUEZ.LUIS 1A12 VPO HERRERA.GUSTIl LlO 3278 E 26TH. VERNON VPD SANTOS.DANIEL '1S1 VPD VASQUEZ.LUIS 1412 VPD HERRERA,GUSTII Ll O VPD HERNANDEZ.MIGl Ll l 2126:13 21:28:51 21:45:58 21:40:26 21:53:35 21:48:OG 23:O0125 22:42148 21:4E:'14 21:53:30 01/30/2015 '15:06:37 CONTINENTAL V;TAMIS 594R 4510 S BOYLE AV, VERNON WELCK DeDorlmem OCA Number RMS JurisvPD CR20150203 CA0197300 VPD CHAVEZ,CELEST'2111 15.08:20 15:08i2'1 1526:42 0113012015 21:23 53 SpRtNT 866-398-3284 21 53:39 22122153 22122:53 16:00:31 00i38 16 20150101955 1015 RPT VS DowNEyRD//FRUTTLANDAV.vERNoN l€yailmeru gfiriltg!* Sffri{r{# Deoa men OCA Numbq RMS JurisvPD CR20150205 CA0197300 23:38124 23:35:03 23i56:54 01/31/2015 02:41:2e Page 2 ol 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unil Times and Location with OCA's First Date: o1t31t2o1s Jurisdiclion: vERNoN Last Date: o1t31t2o1s Call Number Disp Ten Received Caller AddrussCode Comolaint Unit Time Dep Officer Unit DisDalch Enroule Onscene Deoarl Arrive Remove Comp 20150101966 Vt 1A12 0113112015 OOt42:52 ctTE 1A'2 TRAFFTC STOP RPT DeDd me OCA Numbq RMS JurisvPD CR20150206 CA0197300 3OOO S SANTA FE AV, VERNON VPD VASQUEZ,LUIS'1A12 VPD HERNANDEZ,MIGl Ll l 0113112015 03 27:2a PEDCK E 54TH // SANTA FE AV, VERNON VPD VALENZUELA,FEFl L9 VPD VASOUEZ.LUIS ,1A12 VPD HERRERA,GUSTII L,IO VPD PEREZ.NICK 151 01/31/2015 23:09i10 TRAFFIC STOP DOWNEY RD // CHARTER, VERNON VPD ZOZAYA,OSCARYPlAlO VPD DOCHERTYMICI-I1A12 VPD NEWTON.TODD/I.1A9 OO:42:52 00:48:08 00149 04 01:35:43 05:07:16 0022:35 2015010t972 1015 RPT 2015010202s VI CITE 03:27.28 03:27:56 03:31:00 03:27:35 03:31.54 03:53:59 23 09:'10 23:10:25 23:09:29 23116:02 DeDo meru OCA Numbq RMS JurisvPD CR20150207 CA0197300 DeDartmem OCA Number RMS JurisvPD CR20150208 CA0197300vPD CR20't50209 CA0197300 04:32 59 04 47.46 04:15:38 00:06:13 23 22.33 02/01/2013 03:03:51 Page 1 ol 1 REGF-IVED FEB 0 4 2015 CW CLERKS OIFICE RECEIVED FEB 0 3 20t5 CITY ADMINISTRATI STAFF RE,PORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: February 3,2015 TO:Honorable Mayor and City Council PREPARED BY: Anthony Z"o&.*t Technician APPROVED BY: Samuel Kevin Wi Director of Public Works, Water & Development Services RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of January 2015. Thank you. City of Vernon Building Department Monthly Report - Prior Year Comparison - January, 2015 Type Value # of Permits Demolition Electrical Industrial - New Industrial - Remodel Mechanical Miscellaneous Permit Plumbing Roofing $267,800.00 $557,918.00 $2,144,039.00 $90,800.00 $3,586,347.00 $1,157,500.00 $152,700.00 $37,000.00 I l8 I 4 8 l6 6 I January 2015 TOTALS PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL January 2014 TOTALS PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $7,994,104.00 $0.00 55 0 $7,994,104.00 $2,421,174.00 s0.00 55 52 0 $2,421,174.00 52 Samuel Kevin Wilson Director of Public Works, Water & Development Services Project Address Tenant City of Vernon Building Department Major Projects for the Month of January 2015 Dcscription Job Valuc Demolition 3200 Slauson AveAPN 6310-027-023 I Record(s) Complete demolition (100,000 sq. ft) of existing warehouse structure and lull removal for adjacent parking lot 267.800.00 $267,800.00 Industrial - New 3250 Saco StAPN 6302-010-003 I Record(s) New 32,865 s.f tilt up building.2, I 44,039.00 $2,1,1,1,019.00 Industrial - Remodel 5970 Alcoa Ave APN 63t0-027-039 5400 Alcoa Ave APN 6310-002-024 2 Record(s) Ofi Markesa Rite-Way Meats Interior office - TI modifications Install two walls, ceiling & 2 doors to create office & QC lab 50,000.00 27,000.00 $77,000.00 Miscellaneous Permit 4461 Santa Fe AveAPN 6308-0r2-0r6 1925 Vernon AveAPN 6302-017-052 2717 Indiana StAPN 5243-022-009 5970 Alcoa AveAPN 63t0-027-039 3840 26th SrAPN 5192-030-001 3375 Fruitland AveAPN 6303-02'7-900 3375 Fruitland AveAPN 6303-027-900 2800 Soto StAPN 6303-004-801 2717 Indiana StAPN 5243-022-009 2522 37thstAPN 6302-020-038 2528 37th StAPN 6302-020-038 4423 Fruitland AveAPN 6304-026-009 Ann B Verizon Wireless Exide Ofi Markesa Command Packaging City Of Vernon LA-RICS Exide A'S Match Rancho Foods J R Frisco Inc. Repair rooftrusses Installation of l2 antennae, l6 RRU's, 6 raycaps,3 micro-wane dishes, 5 equipment cabinets. I generator and 4 Install new containment concrete floor New plant services canopy and slab Fill in portion of loading docks and construct a concrete equipment slab. Brick repairs to fire station #l 170 ft monopole, (4) new equip. cabinets, (6) new antennas, (3) new microwave antennas, new 22kw backup Install new equipment site for LA RICS: New 70 ft. monopole, new (4) equipment cabinets, new (6) antennae, Foundations for Blast RTO2, Baghouse and 200hp Fan Repair ( I ) exisiting glue lam (2) broker purlins Reinforce (E) Beams & Purlins Replace concrete slab - diversion (weight) totals shall be submitted to the city prio to final inspection. 28,000.00 90,000.00 500,000.00 30,000.00 25,000.00 38,900.00 57,000.00 57,000.00 I 80,000.00 20,000.00 30,000.00 75.000.00 Page 1 of 2 Project Address Tenant Description Job Valuc 12 Record(s)$l,130,900.00 Roofing 4305 Santa Fe AveAPN 6302-017-901 I Record(s) City Of Vernon Re-roofi ng mechanical penthouse. cs-0425 37.000 00 $37,000.00 17 Permits Total Valuation:$3,656,739.00 Director of Public Works, Water & Development Services Page 2 of 2 CITY OF VERNON BUILDING DEPARTMENT NEW BUILDINGS FOR THE MONTH OF JANUARY 2015 Chalmers Equipment Group 3250 Saco St. Inside Redevelopment Area 32,865 sq.ft. Samuel Works, Water & Development Services CITY OF VERNON BUILDING DEPARTMENT DEMOLITION PERMITS MONTH OF JANUARY 2015 lmperial Real Estate Holdings 3200 Slauson Ave. Outside Redevelopment Area 100,000 sq. ft. Director of Public Works, Water & Development Services Samuel Kevi'n Wilson CITY OF VERNON BUILDING DEPARTMENT STATUS OF CERTIFICATES OF OCCUPANCY REQUESTS MONTH OF JANUARY 2015 REQUEST FOR INSPECTION APPROVED PENDING TEMPORARY OCCUPANCIES 24 6 179 21 Director of Public Works, Water & Development Services Samuel City of Vernon Certificate of Occupancy - Applications January 2015 tssued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy COO-003-759 4722 EverettAve Ying Hun LLC APN 63&-025-005 COO-oo3-761 48ol Pacific Blvd Trigal lnc. APN 6308-009-025 Storage of art painting Garment sewing Warehousing of textile Garment sampling Cold storage Warehouse general merchandise Seafood distribution 689.00 38,440 3,760 7,895 200 689.00 13,000 300.00 Edge Textile, lnc.COO-003-762 5720 2nd St APN 6308-019-031 COO-003-763 3620 Santa FeAve Anma, lnc. APN 6302-005-014 COO-003-764 5510 SotoSt APN 6309-026-019 Rspringa lnc. Dba Groceries Apparel Garment manufacturing COO-OO3-765 2833 Leonis Blvd Badngton Trading lnc. Dba Westem Gourmet Foo Office use 300.00 22,909 APN 6303-022-004 COO-003-766 3420 Vemon Ave Americold Logistics APN 6303-007-026 COO-003-767 3817 Santa Fe Ave Crisara lnc. Dba Ao(ent APN 6302-015-016 COO-oO3-768 5580 Alameda St H & N Group, lnc. APN 6308-017-039 COO-OO3-769 3130 Leonis Blvd Hard Tail APN 6303-025-009 COO-OO3-770 4224 District Blvd E N K Apparel, lnc. APN 6304-027-015 689.00 19,19s 12,265 300 00 73,216 1,200 '10,000 Garment sample, design and patten making 300.00 Manufacturing garment, silk and screen printing 689.00 O2lO2l2O15 'l:59 pm O:VsrnonPemitsVERN_lstPemits-Cofo rpt Page I ot2 lssued Permit No. Project Address Tenant Description Fees Paid Square Feet coo-003-771 2936 46th st APN 6303-022-010 coo40+.772 2936 46th st APN 6303-022{10 coo-003-774 4501 soth st APN 6303-026-001 coo-003-775 4501 50th st APN 6304-017-011 coo-003-781 2640 26th St APN 6302-001-028 coo-003-782 4827 49rh st APN 6304-014-003 coo-003-783 29s7 46th Sr APN 6303-0'14-012 Moming Star Otc l.T Daniel O,ffice use Office medicine distribution Warehouse apparel Garment cutting service Garment manufacturing Freight terminal - general merchandise Light manufacturing Quote update Manufacturing ulomen's clothing Garment manufacturing lmport general merchandise Warehouse consumer electronics COO-003-773 2615 Fruitand Ave Sweetrain Apparel, lnc. APN 6308-003-014 lntegrity lnc. YNTJ,lnc. COO-003-776 4641 Hampton Si Ntusa lnc. APN 6308-009-018 COO-OO3-778 5770 Anderson St NewClothing Co LLC APN 6308-019-020 coo-003-779 2325 55th St APN 6308-016-053 Saber Realty Advisors COO-003-780 4533 Pacific Blvd Monhue Lhuiller lnc. APN 6308-008-02s Entry lnc. Nooree Fancy, lnc. QFXlnc" 815.00 57,000 689.00 20,000 689.00 20,000 8,025 689.00 10,000 815.00 63,000 689.00 44,974 689.00 39,836 689.00 15,584 940.00 131,000 24 Record(s) COO-OO3-784 3824 Santa Fe Ave Gallardo's Southem Califomia Wholesale Meats Office use 300 00 APN 6302-018-0'15 Totals for Certificate of Occupancy: E13,538.00 612'09s 24 Permits Total Fees Paid: ${3,538.00 Total Valuation: $0.00 o2li2l2l15 1:59 pm Q:VemmPermitsvERN_lstPemits_Cofo rpt Page 2 of 2 300 00 300 300.00 100 City of Vernon Certificate of Occupancy - lssued January 2015 lssued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy o1hsno15 COO-003-709 2720 26th St J & M Trailer Repair APN 6302-001-042 o'1t22t2015 Coo-oo3-525 2025 27th St LA Main Connection, lnc. APN 6302-009-032 0112612015 COO-003-182 1942 46th St Legend Apparel, LLC APN 6308-014-032 Trailer repair Manufacturing of garments Warehousing of garments Warehousing of general merchandise Manufacturing of garmentycutting 300.00 230.00 15,887 200.00 5,000 200.00 5,000 300.00 2.079 01|272015 COO{o2-mB si2r PentcBrvd Jumpclohile lE Dt6 SBErrn Appr6l,lnc. \i/sEl$h! of E|ik .nd d6isn.r€. 23o-@ l5,9ao aPt{ 6t0M0M12 o1n7no15 COO-003687 4626 Pacific Blvd lsaiah2222 APN 6308-004-010 0112712015 COO-003-721 4700 48th St Fabis APN 6304-015-007 6 Record(s)Totals for Certificate of Occupancy: $1,460.00 44'056 6 Permits Total Fees Paid: $1,460.00 Total Valuation: $0.00 O2l02l2O'15 1:36 pm Q:\VemonPemitsvERN_lslPemits_Cofo rpt Page 1 of 1 RECEIVED clTy ADMTNIsTRAToN REGEIVED FEB 0 9 20t5 FEB 10 2015 CITYCLERK'SOFFICE STAFF PUBLIC WORKS, WATERA DATE: TO: PREPARED BY: APPROYED BY: RE: February 17,2015 Honorable Mayor and City Council Vincent A. Rodriguez, Public Works Project Coordinato r ,) lt ' Samuel Kevin Wilso rector of Public Works, Water and Development Seruices Acceptance of Work of Ramona Inc. Company regarding Contract No. CS- 0421- 556 Street Storm Drain Improvements Project. Recommendation It is recommended that the City Council: l. Affirm that accepting the work of Ramona Inc. Company, for the 556 Street Storm Drain Improvements Project, Contract No. CS-0421, is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures, part (d), because the project is merely to construct a new storm drain system that would result in no permanent effects on the environment; and 2. Accept the work of Ramona Inc. Company, as part of the 55s Steet Storm Drain Improvements Project, Contact No. CS-042 1 . Background On May 20,2014,the Public Works, Water and Development Senrices Departrnent obtained City Cowrcil approval to advertise for bids for the installation of approximately 1,400 feet of 24", 30", and 36" storm drain on 55th Street from Santa Fe Avenue to Alameda Street. The project alignment began at the intersection of 55th Street and Alameda Street where it connected to the existing Los Angeles County Flood Control District Stormwater System. Construction included 6 new maintenance manholes and 6 new catch basins along the alignment as part of the project. The work has been completed in accordance with the project specifications and it is recommended ttrat the work be accepted. Fiscal Impact On July I,2}l4,the "55th Street Storm Drain Improvements Project (Contract CS-0421)" was awarded to Ramona Inc. Company for an estimated amount of $628,390.00. There were two Change Orders approved on this project. Change Order No. 1 was for a change initiated by the Los Angeles County Flood Control District (LACFDC) to change the design of the proposed connection to their mainline. This resulted in a credit of $ 11,002.00. Change Order No. 2 was for unforeseen conditions found during the construction phase that resulted in extra work that was necessary for our Contactor to complete the installation of the storm drain mainline. Total cost for the extra work was $ 21,954.73. In addition to the change order conditions, there was additional work completed under contract Bid Item work due to the unforeseen conditions. Total costs for the additional bid item work was $ 16,030.00. Therefore, total cost of Change Order No. 2 is $ 37,984.73. Since Change Order No. 1 was a credit, the total Change Order for the project was $26,982.73 for a final project total amount of $655,372.73.There was a project contingency cost of $75,000.00. It is recommended that the project be accepted and that the five percent (5%) retention of $32,683.64 be paid thirty-five (35) days after the recordation of the Notice of Completion, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be funher retained. Recording Requested By City of Vernon, Public Works, Water and Development Fee Waived Pursuant To Govt. Code 6103 rrVhen Recorded Mail To: City Clerk 4305 Santa Fe Avenue Vernon, CA. 90058 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE OF COMPLETION IS HEREBY GIVEN that 1. The City of Vernon, whose address is 4305 Santa Fe Avenue, Vernon, California, as Owner of the public work of improvement known as the 55tb Street Storm Drain Improvements Project, located on 556 Street as improved in accordance with Contract No. CS-0421 between Ramona Inc. Company whose address is: 302 N. First Ayenue, Suite #1, Arcadia, California 91006 as CONTRACTOR, and the PUBLIC WORKS, WATER AND DEVELOPMENT DEPARTMENT of the City of Vernon for the following work, to wit: Furnish all transportation, equipment, materials, labor, supplies and services necessary for the installation of 1,400 feet of 24",30", and 36' RCP storm drain on 55th Street from Santa Fe Avenue to Alameda Street. The project alignment began at the intercection of 55th Street and Alameda Street where it connected to the existing Los Angeles County Flood Control District Stormwater System. Construction included 6 new maintenance manholes and 6 new catch basins along the alignment, as described within the project specifications. 2. Notice is given that the Work of Contract No. CS-0421, as amended by Owner-approved changes, if any, was completed on December 24. 2014, provided, however, this notice does not alter the responsibility of the Contractor for any failure to comply with the requirements of the Contract Documents including, but not limited to, Contractor's liability for any unauthorized or non-conforming work and does not constitute acceptance of any disputed claims. This notice is given in accordance with the provisions of Section 3093 of the CivilCode of the State of California. Dated: ATTEST: Director of Public Works, Water and Development Services Ana Barcia, Deputy City Clerk VERIFICATION I, Samuel Kevin Wilson, Director of Public Works, Water and Development Services, state that I am an officer of the City of Vemon, to wit: Director of Public Works, Water and Development Services; that I have read the foregoing Notice of Completion and know the contents thereof and that the same is tue of my own knowledge, except as to the matters which are therein stated on information or belief, and as to those matters I believe them to be tue. I declare under penalty of pe{ury under the laws of the State of Callfomia that the foregoing is true a;rd correct. Executed in the City of Vemon on the above stated date. Approved as to Form: Hema Patel City Attomey PUBLIC WORKS, W AND DEVELOPMENT Wilson, P.E. Director of Community Services & Water RECEIVED FEB I 0 2015 CITY ADMINISTRATIONRECEi\/ED FEB 1 1 2015 CIIY CLERi('S OFF]CE February 17,2015 Honorable Mayor and City Council Michael A. Wilson, Fire Chief M, STAFF REPORT FIRE DEPARTMENT DATE: TO: FROM: RE:Approval of a Notice Inviting Bids for a Fire Department Training Facility Contractor It is recommended that the City Council: 1. Find that approval of the Notice Inviting Bids proposed in this staff report, is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and since the City is only taking an administrative action to approve the Notice Inviting Bids. 2. Approve the Notice Inviting Bids for a Fire Department Training Facility Contractor in substantially the same form as submitted herewith. Backsround On November 18, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-71 approving the City's participation in the 2013 Homeland Security Grant Program ("2013 HSGP Grant"). The awarded HSGP Grant funds will be applied towards the construction of a modular training center in the rear of Fire Station No. 1. The new training center will consist of various modular props and various training areas. The Department is seeking approval to begin the process of selecting a fire department training facility contractor who will be responsible for designing, providing and installing the modular training props. The fire department training facility contractor will be responsible for the structural, mechanical and architectural design of the modular units. Preparation for the site will be completed by a separate contractor. Fiscal Impact The projected total cost of the fire department training facility will be an estimated cost of $800,000.00. Funds to pay for the training facility will come from several grants and will be installed in several phases. Phase I will consist of the $200,000 funded by the 2013 HSGP Grant. Phases II and III will be funded through the 2014 HSGP Grant at $300,000 and the 2014 Urban Security Initiative Grant Program at $300,000. All three grants are 100%o reimbursable and there are no cost-share or match requirements to the City. BID FORM A}[D PROJECT SPECIFIACTIONS FOR FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR IN THE CITY OF VERNON, CALIFORNIA Bid Opening Date: March 19,2015 CITY OF VERNON FIRE DEPARTMENT 4305 SANTA FE AVENUE VERNON, CA 90058 (323) s83-881 r - 3:00 p.m. I-l TABLE OF CONTENTS PAGE NOTICE INVITING BIDS.......... NIB-I BIDDER'S PROPOSAL ....... BP-1 PART I INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS.......... .....I.I I-1.01 General Bid Requirements ............ ......t-l I-1.02 Bidder's Guarantee... ........I-l I-1.03 Bidder Must Make Thorough Investigation ............I-1 I-1.04 Acceptance of Conditions.................. .....................I-l I-1.05 Truth and Accuracy of Representation .......... .........I-l I-1.06 City Changes to the Bid Documents................ .......I-l I-1.07 Notice Regarding Disclosure of Contents of Document.................. .............I-l I-1.08 Award of Bid and Determination of Responsiveness.......... ......I-2 I-1.09 Ineligibilityto Contract. .......................I-2 I-1.10 Errors and Omissions............... ...........I-2 I-l.l I Patent Fees; Patant, Copyright, Trade Secret and Trademark Fees ..............I-2 I-1.12 Taxes .............I-2 I-1.13 Local Bidders; Refund of Sales and Use Tax............. ...............I-2 I-1.14 Indemnity in the Event of Bid Dispute ...................1-2 SPECTAL CrTY REQUTREMENTS .....r-3 I-2.01 Equal Employment Opportunity in Contracting................. .......I-3 I-2.01.1 Po1icy......... .......................I-3 I-2.01.2 Compliance .......................I-3 I-2.01.3 Required Forms ................I-3 I-2.02 Affidavit of Non-Collusion by Bidder........ ............t-3 I-2.03 Vernon Living Wage Ordinance............ .................I-3 I-2.04 Stormwater Management and Discharge Control. .....................I-3 l-2.04.1 NPDES Requirements................. ........I-3 GENERAL SPECIFICATIONS....... .....T-4 I-3.01 Bid Proposal Quantities. .......................t-4 I3.02 Registration and Qualifications of Contractors................ ...........I-4 I-3.03 Standard Specifications............... .........I-4 13.04 Subcontracts ................. .....I-4 I-3.05 Non-Discrimination........ ......................I-4 13.06 Protection of Existing Facilities.... ........I-5 I-3.07 Contract Bonds......... .........I-5 I-3.08 Termination of Contract .......................I-5 I-3.09 Liability Insurance.... .........I-5 I-3.10 Partial Payment..... .............I-5 I-3.11 Security Deposits in Lieu of Retention ....................I-5 I-3.12 Worker's Compensation Certification.............. .......I-5 I-3.13 Sample Contract ................I-5 I-3.14 Special Conditions - Prevailing Wages and Employment of Apprentices........................I-5 I-3.15 Notice to Contractor................. ............I-6 Attachment to Part I - Special Conditions ......................I-7 Exhibit A - Living Wage Provisions.......... ..................I-13 r-2 I-3 I-4 DBE PART II Notice to Bidders DBE Information........... ......I-14 Federal Highway Administration Requirement, Certification and Disclosure Forms..................I-15 Section 14, Federal Requirements (Exhibit l2-E, Attachment A, FR-1 & FR-2)........................I-19 Equal Employment Opportunity Certification (Exhibit l2-E, Aftachment C) ..........I-21 Public Contract Codes (Statements and Questionnaire)........ .................I-22 Non-collusion Affidavit (Exhibit l2-E, Attachment D)......... ................I-24 Debarment and Suspension Certification (Exhibit 12-E, Attachment E) ..................I-25 Non-lobbying Certification for Federal-Aid Contracts (Exhibit l2-E, Attachment F) ................I-26 Disclosure of Lobbying Activities (Exhibit l2-E, Attachment G) .........I-27 Article I, Section 2, Bid,/Proposal Requirements (Exhibit lz-E, Attachment H) ......................... t-30 Bidder's List of Subcontractors (DBE and NON-DBE) (Exhibit l2-B) ................... t-34 Local Agency Bidder DBE Commitment-Construction Contract (Exhibit 15-G)........................I-36 DBE Information - Good Faith Efforts (Exhibit l5-H)......... ................I-41 5-1.4 Subcontracting (Exhibit l2-E, Attachment L) ...........I-44 Final Report-Utilization of DBE, First-Tier Subcontractors (Exhibit 17-F) .......... ...I-45 Disadvantaged Business Enterprises (DBE) Certification Status Change (Exhibit 17-O) ...........I-47 Data Universal Numbering System (D-U-N-S) Number...... ..................I49 ...SPECIAL PROVISIONS _ SPECIFIC FOR THIS PROJECT [-1.01 Scope of Work ..............[-l tr-1.02 Length of Contract ........U-l II-1.03 Specifications............... .................... II-l II-1.04 Delays and Extensions of Time ........[-1 II-1.05 Quality of Work ............II-2 II-1.06 Liquidated Damages.... .....................II-2 II-2.01 Scheduling of Work ......I1-2 Il-2.02 Construction Hours .......I1-2 II-3.01 Phasing of Work...... ......II-2 II-3.02 Traffic Requirements................. .......II-2 II-4.01 Extra Work .................... [-2 II-4.02 Compliance with Laws, Regulations, and Safe Practices .......II-3 II-5.01 Noise Restrictions .........II-3 II-6.01 Construction Order of Work................ ................II-3 II-7.01 Character of Workers ....II-3 II-8.01 Examination of the Site... .................II-3 II-9.01 Mobilization ..................II-4 II-10.01 Dust Contro1.................. ...................II-4 II-11.01 Cleaning of Site During Construction .................II4 II-12.01 Final Cleaning of Site and Restoration.............. .....................II-4 II- 1 3.01 Sanitary Facilities .... ...... II-4 II-14.01 Best Management Practices (BMP)........ .............II-4 [-15.01 Protection of the Public................. ......................II-4 PART III DETAILED REQUIRMENTS/SPECIFICATIONS m-1.01 Vendor Pre-Qualifications .............. m-l [I-1.02 Training Facility General Requirements ................ ............... [I-2 [I-1.03 Training Facility Specifications ............... .......... [I-4 NOTICE INVITING BIDS For FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR in the City of Vernon, California Sealed bids will be received prior to 3:00 p.m., March 19,2015, by the City Clerk of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, for a Fire Department Training Facility Contractor. Mail sufficiently early or deliver in person before 3:00 p.m. on the day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. NO LATE BIDS WILL BE ACCEPTED. Copies of the Plans and Specifications are available at no charge at the Fire Administration Department Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between the hours of 7 a.m. and 5:30 p.m. Monday through Thursday. A non-refundable fee of $20.00 will be charged if mailing is requested by calling (323) 583-8811 ext. 280. Each bidder must hold an active State of California Class B License, except as to joint venture Bidders, who shall be licensed as provided in the Business and Professions Code S$ 7029.1 and 7028.15(c). Workers shall have the appropriate special certification, if applicable. Each subcontractor, under the prime bidder, must hold an active subcontractor's license corresponding to the type of work the subcontractor is performing. Each subcontractor may only perform the type of work corresponding to the active license. All bids must be accompanied by bids security in the amount of ten percent (l0o/o) of the bid prices, in the form of cash, cashier's check, money order, or surety bond. Federal Project The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. General Scope of Work Refer to the Specifications for complete details and bid requiremants. Specifications and this notice shall be considered a part of any contract made pursuant thereto. Dated: Published: Mark Whitworth City Administrator (Authorized by City Attorney) NIB-1 BIDDER'S PROPOSAL FOR FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR in the City of Vernon, California Bid Opening: 3:00 p.m., March 19,2015,4305 Santa Fe Avenue, City Clerk's Office, Vernon To the Honorable City Council of the City of Vernon, California In response to the Notice Inviting Bids for a Fire Department Training Facility Contractor the undersigned bidder proposes to the City of Vernon all labor, materials, methods and processes, tools implements and machinery which are necessary and required for the performance of the work mentioned in said Notice Inviting Bids in accordance with the Specifications therein referred to at the prices listed on page BP-2. Each bidder must bid on the items shown in the Bidder's Proposal. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected. The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935. ln case of a discrepancy between the unit prices and items totals, the unit prices shall prevail, and in the case of a discrepancy between item totals and the grand total, the item totals shall prevail. The grand total will be subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis of the grand total as described about from among responsive and responsible bidders. Based on the bids received and the City's budget at the time of contract award, the City reseryes the right to delete items or to change quantities of bid items. BP.,I BIDDER'S PROPOSAL FOR FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR TOTAL S (Also, enter Total at top of page BP-3) If there is a discrepancy between (l) the "Total" shown immediately above, (2) arry of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligibl", or rrr."n'ui, for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. ITEM NO.DESCRIPTION Total Cost I FURNISH AND INSTALL ONE (I) HAZ.MAT AND USAR MOBILE TRAINING FACILTY BP-2 GRAND TOTAL$ The undersigned Bidder agrees to commence work within fifteen (15) calendar days from the date issuance of a Notice to Proceed and proposes and agrees to have all work completed within 180 (one-hundred-eighty) calendar days of the contract time commences. The undersigned Bidder acknowledges receipt of the following addanda issued for the above project. If no addenda have been received, write "none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED WILL RENDER THE CONTACTOR'S BID NON-RESPONSTVE. List of addenda Received: PLEASE SEE PART r SECTTON 2.0t.3 REQUTREp FORMS. Bidder shall execute the following (Appendix "A"): Page 1. Identity Confirmation BP-(a) 2. Subcontractor Listing/Shoring Design BP-(b) 3. Affidavit of Non-Collusion BP-(c) 4. Living Wage Compliance Certification BP-(d) 5. Certificate of Equal Opportunity Practices FORMS AA-1,2,3 employee of the City of Vernon. Bidder's Proposal Respectfully Submitted, (If a Bidder is a corporation, its seal must be impressed hereon) California State Contractor's License No. Authorized Signatory California Corporation No. by BP-3 PART I INSTRUCTIONS TO BIDDERS PART I INSTRUCTIONS TO BIDDERS I-I GENERAL INSTRUCTIONS I-1.01 General Bid Requirements - To be considered, a Bidder must follow the format for bids in the Specifications. Bids must be binding and firm. Any bid may be withdrawn before bid opening, but not for 90 days after opening. I.1.02 Bidder's Guarantee - Bid security in the amount of tan percent (10%) of the bid price, in the form of cash, cashier's check, money order or surety bond, meeting City requiremants, must accompany all bids. If the Bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required bonds, the City may deposit in its teasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. I-1.03 Bidder Must Make Thoroueh Investisation - It is the Bidder's responsibility to examine the location of the proposed work, to fully acquaint itself with the Specifications and the nature of the work to be done. Bidders shall have no claim against the City based upon ignorance of the nature and requiremants of the project, misapprehension of site conditions, or misunderstanding of the Specifications or contract provisions. I-1.04 Acceptance of Conditions - By submitting a bid, each Bidder expressly agrees to and accepts the following conditions: I-1.04.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected Bidder and the City; I-1.04.2 The City may require whatever evidence is deemed necessary relative to the Bidder's financial stability and ability to complete this project; I-f .04.3 The City reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifications; l-1.04.4 The City reserves the right to solely judge the Bidder's representations, and to solely determine whether the Bidder is qualified to undertake the project pursuant to the criteria set forth herein. The Bidder by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the Bidder is qualified to perform the project, shall be final, binding and conclusive; I-1.04.5 The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time; I-1.04.6 This bidding process does not commit the City to award any contract, and the City is not liable for any costs incurred by the Bidder in the preparation and submission of a bid. I-1.05 Truth and Accuracy of Representation - False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a Bidder. I-1.06 Citv Chanses to the Bid Documents - The Cityreserves the right to change anypart of these lnstructions to Bidders and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda, will become a part of the bid documents and of the contract. Addenda shall be made available to each Bidder. A Bidder's failure to address the requirements of the addenda may result in the bid not being considered. If the City determines that a time extension is required for the submission of the bid, the addenda will give the new bid opening date. I-1.07 Notice Regardins Disclosure of Contents of Document - All bids accepted by the City shall become the exclusive property of the City. Upon opaning, all bids accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each bid which are identifiedbythe Bidderas business or trade secrets and plainly marked as "trade secret," "confidential," or "proprietary." Each element of a bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or I-l INSTRUCTION TO BIDDERS otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. I-1.08 Award of Bid and Determination of Responsiveness - The contract shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is responsive and responsible, the following shall be considered (in no particular order): I-1.08.1 The quality of the material offered; I-1.08.2 The ability, capacity and skill of the Bidder to perform the contract or provide the material or services; I-1.08.3 Whether the Bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; I-1.08.4 The sufficiency of the Bidder's financial resources and the effect thereof on their ability to perform the contract or provide the material or services; I-1.08.5 The character, integrity, reputation, judgment, experience and efficiency of the Bidder; I-1.08.6 The quality and timeliness of the Bidder's performance on previous purchase orders or confracts for the City; I-1.08.7 Litigation by the Bidder on previous purchase orders or contracts with the City; I-1.08.8 The ability of the Bidder to provide future maintenance and service where such maintenance and service is essential. The City reseryes the right to be the sole and exclusive judge of quality, compliance with bid requiremants, and all other matters pertaining to this bid. I-1.09 Inelisibilitv to Contract - Pursuant to Sections 1777.1 and 1777.7 of the Califomia Labor Code, any Contractor that has been found by the State Labor Commissioner to be in violation ofthe Labor Code Section entitled "Public Works" shall be ineligible to bid on or be awarded a contract for this project. The period of debarment shall be not less than one year and up to three years as determined pursuant to Section 1777.7 of the Labor Code. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this contract. The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. In submitting its bid, the Bidder certifies that it has investigated the eligibility of each and every subcontractor it intends to use on this project and has determined that none is ineligible to perform work pursuant to the above provisions of law. I-1.10 Errors and Omissions - Bidders shall not be allowed to take advantage of any elrors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such elror or omission is discovered and timely called to the attention of the City. kr submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this Contract. I-1.11 Patent Fees: Patent. Copvright Trade Secret and Trademark Fees - Each Bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to be fumished or used in the prosecution of the Work. l-1.12 Taxes - Price bid shall include all federal, state, local, and other taxes. I-1.13 Local Bidders: Refund of Sales and Use Tax - For the purpose of determining the lowest Bidder on a contract for materials and supplies only, l%o of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such Bidder were awarded the contract, the City would receive a refund of the lYo. l-1.14 Indemnitv in the Event of Bid Disnute - In the event of a bid dispute based upon the bidder's submission of this bid and the City's acceptance of same, the bidder will be required to indemniff, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the bid in compliance with State, Federal and local laws. l-2 TNSTRUCTION TO BIDDERS I-2 SPECIAL CITY REQUIREMENTS NOTICE THERE IS AN APPENDX ''A'' OF FORMS IN THESE SPECIFICATIONS WHICH A BIDDER MUST COMPLETE TO ESTABLISH COMPLIANCE WITH A NUMBER OF SPECIAL CITY OF VERNON REQTIIREMENTS, INCLUDING, BUT NOT LIMITED TO, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIDAVIT OF NON-COLLUSION. THESE FORMS AND THEIR INSTRUCTIONS SHOULD BE CONSIDERED AN INTEGRAL PART OF THE SPECIFICATIONS AND FAILURE TO COMPLETE THEM MAY BE GROTINDS, IN THE SOLE DISCRETION OF THE CITY, FOR REJECTION OF ANY BIDDER. l-2.01 E qual E molovm ent Oppo rtunity in Contractins I-2.01.1 Policv - The City of Vernon is committed to a policy of Equal Opportunity Contracting. Qualified frms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract. I.2.01.2 Compliance - To the extent permitted by law, the Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of federal and state law. I-2.01.3 Required Forms - No contract shall be awarded until the Bidder has submitted to the City or has on file with the City a nondiscrimination certification acceptable to the City. I-2.02 Affidavit of Non-Collusion bv Bidder - The City requires that each Bidder execute and submit to the Citywith their Bid, the Affidavit of Non-Collusion included in Appendix "A." I-2.03 Vernon Livins Wage Ordinance - This contract is subject to the Bidder, or Subconfactor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit "A". IJpon request, certified payroll shall be provided to the City. l-2.04 Stormwater Manasement and Discharse Control - In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take note of the Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a material part of the work under this Contract. [-2.04.1NPDES Requirements - In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials orpollutants from enteringthe City or county storm drain systems, including, but not limited to implementing the Best Management Practices specified below, and the Contractor shall comply with all dkections of the City in this regard during construction: The following shall be implemanted: 1. Handle, store, and dispose of materials properly. 2. Avoid excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans (if applicable). 6. Check and repair leaking equipment away from construction sites. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter. 9. Use vacuum with all concrete sawing operations. r-3 INSTRUCTION TO BIDDERS 10. Never wash excess material from aggregate, concrete, or equipment onto a street. 11. Catch drips from paving equipment with drip pans or absorbent material. 12. Clean up all spills using dry methods. I-3 GENERAL SPECIFICATIONS I-3.01 Bid Proposal Ouantities - The quantities contained in the bid documents are approximate only, and are for the sole purpose of comparing bids. The City may, in accordance with the Standard Specifications, order more or less work or material as necessary in the City's sole discretion. Payment will be made for the amount of work or material actually provided as determined by the City and accepted at the unit or lump sum prices noted in the bid, where applicable, and those prices shall govern. I-3.02 Reqistration and Oualifications of Contractors - Before submitting bids, Contractors shall be licensed in accordance with the Business and Professions Code Section 7000 et. seq. and each Contractor shall insert his license number on the Bidder's Proposal. In submitting this bid, the Bidder warrants that it has work experience comparable to that which is to be performed. Prior to award of a contract, the City may request of any Bidder, a statement setting forth their work experience of a nature comparable with that which is to be performed. Such statement shall describe the work performed over the period of three (3) years next preceding the date of said statement, and shall give the owner, location, and contract price, together with the dates of beginning and completion of such work. This statement of experience shall be submitted within seven (7) calendar days after the City's notification to so submit. Failure to submit an adequate statement can result in rejection of the bid as non-responslve. I-3.03 Standard Specifications - In connection with contracts related to the subject "Bidder's Proposal," and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2012 edition of "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (commonly known as the "GREENBOOK"), including Supplements, prepared and promulgated by Public Works Standards, [nc., a mutual benefit corporation. I-3.04 Subcontracts - In addition to the information to be listed by the Bidder with the bid pursuant to Section 2-3, entitled "Subcontracts," of the Standard Specifications, the Bidder shall provide for each subcontractor listed a brief description of the work to be subcontracted (see Page BP-(b) of the Bidder's Proposal). After bids have been received, no substitution of subcontractors in place of those listed in the bid or addition of subcontractors for work in excess of one-half of one percent of the total bid price will be permitted without the written consent of the City Engineer. The sole grounds for said consent shall be the exceptions listed in Chapter 4 of the Public Contract Code. Pursuant to California Labor Code $1021.5, the Contractor must not willingly and knowingly anter into any agreement with any person, as an independent contractor, to provide any services in connection with the Work where the services provided or to be provided requires that such person hold a valid contractor's license issued pursuant to California Business and Professions Code $$7000 et seq. and such person does not meet the burden of proof of his/her independent contractor status pursuant to California Labor Code $2750.5. In the event that the Contractor shall employ any person in violation of the foregoing, the Contractor shall be subject to the civil penalties under California Labor Code $ 1021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code $1021.5, the Contractor's violation of this Paragraph or the provisions of California Labor Code$l02l.5shallbedeemedaneventoftheContractor'sdefault. TheContractormustrequireanySubcontractor of any tier performing or providing any portion of the Work to adhere to and comply with the foregoing provisions. Pursuant to the provisions of Labor Code Section l77l .l,the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations website at: http://www.dir.ca.gov/dlse/debar.html. The Contractor must not employ, hire, use or subcontract with any of the listed debaned contractors. I-3.05 Non-Discrimination - In the performance of this Contract, the Contractor must not discriminate against any employee, subcontractor, or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation ofany person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to INSTRUCTION TO BIDDERS employment, or to discriminate against the person in compansation or in terms, conditions, or privileges of employment. Violations may also result in the imposition of penalties referred to in Labor Code $ 1735. I-3.06 Protection of Existine Facilities - Except where otherwise provided for, the repair or replacernent of existing improvements that are damaged, injured, or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bidder's Proposal. I-3.07 Contract Bonds - The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the Standard Specifications before execution ofthe contract. The term "Contract Price" shall be deemed to mean the total contract "not to exceed" amount consisting of the base bid stated in the Bidder's Proposal plus such additional amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work covered by approved change orders, ifany. I-3.08 Termination of Contract - Section 6-5, entitled "Termination of Contract," of the Standard Specifications is modified to read: "The City may terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days written notice to the Contractor." If the contract is thus terminated by the City for reasons other than the Contractor's failure to perform its obligations, the City shall paythe Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the Contractor's exclusive remedy for termination without cause. I-3.9 Liabilitv Insurance - Evidence of insurance coverages shall be provided in the manner specified in Section 7.13 Insurance of the City's Sample Contract, Appendix B. I-3.10 Partial Payment - Payment shall be due the Contractor within thirty (30) calendar days after receipt of an itemized statement for work performed during the progress payment period. I-3.11 Securitv Deposits in Lieu of Retention - Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any monies withheld to ensure perfoflnance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank in California as the escrow agent, who shall than pay such monies to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than 20 days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement to be used shall be null, void, and unenforceable unless it is substantially similar to the form specified by Section 22300(e) of the Public Contract Code. l-3.12 Worker's Compensation Certification - California Labor Code $$ 1860 and 3700 provide that every Contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code $ 1861, the Contractor, in submitting a bid, hereby certifies as follows: "I am aware of the provisions of California Labor Code $ 3700 which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." I-3.13 Sample Contract - A sample of the contract the successful Bidder will be required to enter into with the City is attached hereto as Appendix "B" and by this reference incorporated herein and made a part of these Specifications. l-3.14 - The Contractor certifies by TNSTRUCTION TO BIDDERSt-5 submission of a bid that they have not been found by the Labor Commissioner to be in violation of Prevailing Wage laws as outlined in the California Labor Code $ 1777.1. The Contractor shall adhere to the provisions of Section 1770-1777 of the Labor Code and Section 7-2 ettitled "Labor," of the Standard Specifications. The Contractor shall comply with and adhere to the "Special Conditions - Payment of Prevailing Wages and Employment of Apprentices" attached to Part I of these Project Specifications. Attention is directed to Section A of this attachment which states, in part, that if there is a difference between the Vemon Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his subcontractors shall pay not less than the highest wage rate. I-3.15 Notice to Contractor - City shall promptly inform Contractor of any third party claims related to this Contract. t-6 INSTRUCTION TO BIDDERS ATTACHMENT TO PART I SPECIAL CONDITIONS - PAYMENT OF PREVAILING WAGES AND EMPLOYMENT OF APPRENTICES A. Determination of Prevailing Wage Rates City has obtained from the Director of the Department of Industrial Relations (DR) pursuant to the Labor Code determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime work in the locality in which the Work is to be performed. Copies of these determinations, entitled'PREVAILING WAGE SCALE", are maintained at the City's offices, are available during City's normal business hours and are also available on the lnternet at www.dir.ca.gov/DlR/S&R/statistics research.html. If there is a difference in the Vemon Living Wage rates and the California prevailing wage for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the highest wage rates. The wage rate for any classification not listed, but which may be required to execute the Work, shall be corlmensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. Holidays shall be as defrred in the collective bargaining agreement applicable to each particular craft, classification or tlpe of worker employed under the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time and subsistence pay, apprenticeship or other training programs authorized by California Labor Code $3093, and similar purposes when the term "per diem wages" is used herein. Holiday and overtime work, when permitted by law, must be paid for at the rate of at least one and one-half (l %) times the above specified rate of per diem wages, unless otherwise specified. In accordance with Section 1773.2 of the California Labor Code, the Contractor must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the job site where they can easily be seen by workers. B. Payment of Prevailing Wage Rates 1. Statutory Requirements - The Project is subject to the provisions of Labor Code $$1720 et seq. and the requirements of Title 8 of the California Code of Regulations $$16000 et seq., which govern the payment of prevailing wage rates on public works projects. The Contractor and Subcontractors of any tier shall be governed by and required to comply with these statutes and regulations in connection with the Project. Pursuant to Labor Code $ 1 77 I , the Contractor and all Subcontractors of any tier must pay not less than the prevailing wage rates to all workers employed in execution of the Contract. Contractor and Subcontractors must comply with applicable statutes and regulations, including but not limited to Labor Code $$ 1771, 1775,1777.5, l8l3 and 1815. 2. Weekly Payments to Employees - Contractor and all Subcontractors of any tier must pay each worker on the Project, unconditionally and not less often than once each week, the full amounts that are due and payable for the period covered by the particular payday in accordance with the prevailing wage scale determination, regardless of any contractual relationship which may be alleged to exist between the Contractor, Subcontractor and such laborers. Thus, an employer must establish a fixed workweek and an established payday. On each payday, each worker must receive all sums due at the end of the preceding workweek and must be provided with an itemized wage statement. 3. Classifications - City shall require that any class of laborers or mechanics, including apprentices and ftainees, which are not listed in the General Wage Determinations and which are to be employed under this Contract, shall be classiflred conformably to such wage determinations. In the event the City does not concur in the Contractor's proposed classification or reclassification of a particular class of laborers and mechanics (including apprentices and trainees) to be used, the question, accompanied by the recommendation of the City's Project Representative, shall be referred to the State Director of Industrial Relations for determination. 4. Fringe Benefit Cash Equivalent - City shall require, whenever the minimum wage rate prescribed for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof must be established. In the event the interested parties cannot agree upon cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the City's Project Representative, shall be t-7 INSTRUCTION TO BIDDERS referred to the State Director of Industrial Relations for determination. C. Penalty for Prevailing Wage Rate Underpayment Pursuant to Labor Code $ 1775, the Contractor must, as a penalty, forfeit Fifty Dollars ($50.00) to the City for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the Work by the Contractor or by any Subcontractor, of any tier, in connection with the Work. The difference between prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof, for which each worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor. D. Withholding The City shall upon its own action or upon written request of an authorized representative of the Department of Labor or DlR, withhold or cause to be withheld from the Contractor under this Contract so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprantices, ffainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the Contract. ln the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Work, all or part of the wages required by the Contract, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. E. Certified Payroll Records and Basic Payroll Records The Contractor and Subcontractors of any tier must maintain Certifred Payroll Records and "Basic Payroll Records", defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs, employee sign-in sheets, accounting ledgers, tax forms and/or any other record maintained for the purposes ofreporting payroll, during the course of the Work and must preserve them for a period of three (3) years after completion of the Project for all tradesworkers executing the Work of the Contract. Certified Payroll Records must be submitted at the times designated in Paragraph F below or upon request as described in Paragraph G below. City reserves the right to require Contractor to routinely submit Basic Payroll Records may be requested by the City at any time and must be provided within ten (10) calendar days following the receipt of the request. F. Submittal of Certified Payroll Records Pursuant to Labor Code $ 1776, the Contractor and each Subcontractor of any tier must maintain an accurate, weekly payroll record showing the employee full name, address, social security number, work classification, amount paid per hour, straight time, overtime and holiday hours worked each day and weekly totals, the actual per dian wages paid to each person employed for the Work, and the gross/net wages paid for this Project/all projects, as well as the Contractor name and address, Project name and location, and dates of payroll. If payments are made to any third party trust, funds or plans for health and welfare, pension or vacation trusts, those payments must be stated on the Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including training fund contributions, must at least equal the prevailing wage rate for that classification. The Contractor must maintain and submit its Certified Payroll Records and those of its Subcontractors. Cityreserves the right to require Contractor to submit to the City each week, no later than seven (7) calendar days after the payday fortheweekcovered,theCertifiedPayrollRecordsofContractoranditsSubcontractorsofeverytier. lfthereisno Work on a given week or on a given day, the Certifred Payroll Record must indicate "no work" for that week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays and holidays. Contractor and Subcontractors of every tier must write "fmal" on the last submitted Certified Payroll Record for the Project. The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent the reporting entity, under panalty of perjury, that the information contained in the payroll record is true and correct and that the reporting entityhas complied with the requirements of California Labor Code $$1771, l8l l, and 1815 for any Work performed by his, her or its employees on the Project. Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for supporting document made by City shall be a condition precedent to Contractor's receipt of a progress, final, or INSTRUCTION TO BIDDERS retention payment. The City shall withhold any portion of the progress, final, or retention payment up to and including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its Subcontractor. If the Contractor or any Subcontractor is determined to have failed to payworkers in compliance with the applicable prevailing wage sections of the Labor Code, the City shall continue to withhold progress, final, or retention payments until sufficient funds have been withheld for payment of wages to workers and all applicable penalties. G. Making Certified Payroll Records Available Upon Request Pursuant to Labor Code $ 1776, in addition to its obligation to deliver certified payroll records to the City on a weekly basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (i) a certified copy of an employee's payroll record must be made available for inspection or furnished to such employee or his/trer authorized representative on request; (ii) a certifred copy of all payroll records must be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations; (iii) a certified copy of payroll records must be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public must be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, the requesting party must, prior to being provided the records, reimburse the cost of preparation by the Contractor, Subcontractors and the entity through which the request was made; and the public may not be given access to such records at the principal office of the Contractor; (iv) the Contractor must file a certified copy of the payroll records with the entity that requested such records within ten (10) calendar days after receipt of a written request; (v) any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social securitynumber. The name and address ofthe Contractor or any Subcontractor, of any tier, performing a part of the Work must not be marked or obliterated. The Contractor must inform the City of the location of payroll records, including the street address, City and county and must, within five (5) Working Days, provide a notice ofa change or location and address. H. Forfeiture for Failure to Comply with Written Record Request Laws The Contractor or Subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of written request regarding Certified Payroll Records or Basic Payroll Records. In the event Contractor or a Subcontractor fails to strictly comply after such l0-day period, the Contractor or Subcontractor shall, as a penalty to the City, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any portion of the Conffact Price then or thereafter due the Contractor. A Contractor is not subject to a penalty assessment pursuant to this paragraph due to the failure of a Subcontractor to comply with this section. I. Hours of Work 1. Limits on Hours of Work - Pursuant to Labor Code $1810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to Labor Code $ I 8 I 1 , the time of service of any worker employed at any time by the Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereafter provided. Notwithstanding the foregoing provisions, Work performed by employees of Contractor or any Subcontractor, ofany tier, in excess ofeight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (l%) times the basic rate of pay. 2. Penalty forExcess Hours - Pursuant to LaborCode $$1813 and 1815, theContractor shallpaytothe Citya penalty of Twenty-five Dollars (525.00) for each worker employed in the execution of the Contract by the Contractor or any Subcontractor, of any tier, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so INSTRUCTION TO BTDDERS employed by the Contractor is not less than one and one-half (lyr) times the basic rate of pay for all hours worked in excess of eight (8) hours per day. 3. Contractor Responsibility For Cost of Excess Hours - Any Work performed by workers necessary to be performed after regular working hours or on Sundays or other holidays must be performed without adjustment to the Contract Price or any other additional expense to the City. J. Responsibility for Subcontractors' Payment of Prevailing Wages Pursuant to Labor Code $ 1 774, the Contractor is responsible for ansuring that all Subcontractors of any tier comply with requirements for payment of prevailing wages. Contractor is responsible for Labor Code violations by Subcontractors of any tier. The agreement executed between the Contractor and each Subcontractor must contain a copy of the provisions of Labor Code $$ 1771,1775,1777.5,1813 and 1815, at a minimum. Contractor must monitor each Subcontractor's payment of prevailing wage rates. Upon becoming aware of the failure of any Subcontractor of any tier to pay its workers the specified prevailing wage, the Contractor must diligently take action to halt and rectiir the failure, including, without limitation, retaining sufficient funds due to the Subcontractor to cover the underpayment. Before making final payment to any Subcontractor, the Contractor must obtain an affidavit from the Subcontractor, signed under penalty of perjury which states that the Subcontractor has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due pursuant to Labor Code $ I 8 I 3 . Contractor must provide copies of such affidavits to the City and provide Contractor's affidavit that it has paid the specified, determined prevailing wage rate to its employees for the Project, as well as anyamounts due under Labor Code $1813. K. Statement of Employer Payments Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Paymants (DSLE Form PW 26) must be completed and submitted to the City by each Contractor and Subcontractor who pays benehts to a third party trust, plan or fund for health and welfare benef,rts, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund or trust name, address, administrator, and amount per hour contributed and frequency of contributions. Training fund contributions must also be reported on this form. In February and August of each year during the Project, the Contractor and Subcontractors of any tier must verifu changes in wage rates for any trade classifications used on the Project. Thereafter, Contractor and its Subcontractors must submit a new Statemant of Employer Payments to the City which reflects any changes in wages and benefits. L. Apprentices 1. Apprenticeship Committee Contract Award Information - Pursuant to Labor Code $1777.5 and Title 8 California Code of Regulations $230, Contractor and Subcontractors of anytier who are not alreadyapproved to train by an apprenticeship program sponsor must, within ten (10) calendar days of signing the Contract or Subcontract, as applicable, but in any event prior to the hrst day in which the Contractor or Subcontactor has workers employed on the Project, submit contract award information. This information may be a Public Works Contract Award Information form (DAS form 140). The contract award information must be provided to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and can supply apprentices to the Project. Contractor and Subcontractors must also submit a copy of the form to the City which must include, in addition to other information, an estimate of journeymen hours to be performed under the Contract or Subcontract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Failure to provide contract award information, which is known by the Contractor or Subcontractor, shall be deemed to be a continuing violation for the duration of the Contract. 2. EmploymentofApprentices-LaborCode$lTTT.5andTitle8CaliforniaCodeofRegulations$$200etseq. provide detailed requirements for employing apprantices on public works. The responsibility of complying with Section 1777.5 and the regulations lies exclusively with the Contractor. When the Contractor of Subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and Subcontractor must employ apprentices in at least the ratio set forth in Labor Code Section 1777.5. Every apprentice employed to perform any of the Work must be paid the prevailing rate of per diem wages for apprantices in the trade to which such apprentice is registered, and such individual must be employed only for the INSTRUCTION TO BIDDERS work of the craft or trade to which such individual is registered. Only apprantices, as defined in California Labor Code $3077, who are in training under apprenticeship standards and written appranticeship agreements under California Labor Code $$3070 et seq. are eligible to be employed for the Work. The employment and training of each apprentice shall be in accordance with either of the following: (l) The apprenticeship standards and apprentice agreements under which such apprentice is training; or (2) The rules and regulations of the California Appranticeship Council, including regulation Section 230.1 (c), which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with orunderthe direct supervision of j ourneyman /men. 3. Apprenticeship Certificate and Request for Dispatch of Apprentices a. When the Contractor or any Subcontractor of any tier in performing any of the Work employs workers in anyApprenticeable Craft or Trade, as defined in Paragraph L(4), the Contractor and such Subcontractor may apply to the Joint Apprenticeship Committee administering the apprarticeship standards ofthe craft or trade in the area of the site of the Work for a certiflcate approving the Contractor or such Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected, provided, however, that the approval as established by the Joint Apprenticeship Committee or Committees shall be subject to the approval of the Administrator ofApprenticeship. The Joint Appranticeship Committee or Committees, subsequent to approving the Contractor or Subcontractor, shall arrange for the dispatch ofapprantices to the Contractor or such Subcontractor in ordertocomplywithCaliforniaLaborCode$1777.5. ThereshallbeanaffirmativedutyupontheJoint Apprenticeship Committee or Committees, administering the appranticeship standards of the crafts or trades in the area of the site of the Work, to ensure equal employment and affirmative action and apprenticeship for women and minorities. Contractors or Subcontractors shall not be required to submit individual applications for approval to local Joint Apprenticeship Committees provided they are already covered by the local apprenticeship standards. b. Contractors who are not already approved to train apprantices must request dispatch of required apprentices from one of the applicable Apprentices Committees whose geographic area of operation includes the site of the Project by giving the committee actual notice of at least forty-eight (48) hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. Contractors and Subcontractors may use DAS form 142 to make the request for apprentices. However, if a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards, the Apprenticeship Committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a written request, an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee's Standards or the California Apprenticeship Counsel Regulations (Title 8, Section 230 et seq.) within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of Section 230.I as a result of failure to employ apprentices for the remainder of the Project, provided the contractor has made the request in enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices than the Contractor or Subcontractor requested, the Contractor or Subcontractor shall be considered in compliance if the contractor employs those apprentices who are dispatched, provided that, where there is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a Contractor or Subcontractor who is not a participant in an appranticeship program has requested dispatch from at least two committees. 4. Ratio of Apprentices to Journeymen a. The ratio of Work performed by apprentices to journeymen, who shall be employed in the Work, may be the ratio stipulated in the apprenticeship standards under which the Joint Appranticeship Committee operates, but in no case shall the ratio be less than one hour of apprentice work for every five hours of labor performed by a journeyman, except as otherwise provided in California Labor Code $ 1777.5. The ratio of apprentice work to journeyman work shall apply during any day or portion of a day whan any INSTRUCT1ON TO BIDDERS journeyman is employed at the site of the Work and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any Work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The Contractor must employ apprentices for the number of hours computed as above before the end of the Contract or subcontract, as applicable. The Contractor must, however, endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. b. The Contractor or any Subcontractor covered bythis Paragraph and California Labor Code $1777.5, that has agreed to be covered by an Apprenticeship Program's standards, upon the issuance of the approval certificate, or that has been previously approved in such craft or trade, must employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, but in no event less than the 1-to-5 hourly ratio. Upon proper showing by the Contractor that it employs apprentices in such craft or trade in the State of California on all of its contracts on an annual average of not less than one apprentice to each five journeyman, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the I -to-5 hourlyratio as set forth in this Paragraph and California Labor Code $1777.5. 5. Exemption - The requirement to employ apprentices shall not apply to contracts of general contractors, or to contracts of specialty contractors not bidding for work through a ganeral or prime contractor, involving less than Thirty Thousand Dollars ($30,000.00) or twenty (20) Working Days. The term "Apprenticeable Craft or Trade," as used herein shall mean a craft or trade determined as an Apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. 6. Contributions to Trust Funds - The Contractor or any Subcontractor of any tier who performs any of the Work by employment ofjourneymen or apprentices in any Apprenticeable Craft or Trade shall contribute to the California Apprenticeship Council in the same amount that the Director determines is the prevailing amount of apprenticeship training contributions in the area of the Project. Contractor or any Subcontractor, of any tier, may take as a credit for payments to the Council any amounts paid by the Contractor or Subcontractor to an approved apprenticeship program that can supply apprentices to the Project. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day of the month for work performed during the preceding month. Training contributions to the California Apprenticeship Council shall be paid by check and shall be accompanied by a Completed Training Fund Contribution form (CAC-2). Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. The Division of Labor Standards Enforcernent is authorized to enforce the payment of such contributions to such fund(s) as set forth in California Labor Code $ 227. Swhcontributions shall not result in an increase in the Contract Price. 7. Contractor's Compliance - The responsibility of compliance with this Paragraph for all Appranticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Appranticeship Committee(s) under this Paragraph are subject to the provisions of California Labor Code $3081. In the event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code g 1777.5, pursuant to California Labor Code $ 1777.7, the Contractor shall: (i) be daried the right to bid on any public works contract for a period of one (l ) year from the date the determination of non-compliance is made by the Administrator of Apprenticeship; and (ii) forfeit, as a civil penalty, One Hundred Dollars ($100.00) for each calendar day of noncompliance. Notwithstanding the provisions of California labor Code 51727 , upon receipt of such determination, the City shall withhold such amount from the Contract Price then due or to become due. Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed bythe California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of California Labor Code $$1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. t-t2 INSTRUCTION TO BIDDERS EXHIBIT A LIVING WAGE PROVISIONS Minimum Livine Wases: A requirement that Employers pay qualiffing employees a wage of no less than $10.30 per hour with health benefits, or $1 1.55 per hour without health benefits. Paid and Unpaid Davs Offt Employers provide qualiffing employees at least twelve compansated days off per year for sick leave, vacation, or personal necessity, and an additional ten days ayear of uncompansated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. t- l3 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT 1O-I Notice to Bidders DBf, Information l. Exnrnrr 10-I NoucE To BTDDERS DBE lxronvrauox The City of Vemon has established a DBE goal for this Contract of zero percent. However, proposers are encouraged to obtain DBE participation for this contract. TERMS AS USED IN TTIIS DOCUMENT o The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concem owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,Part 26.5, Code of Federal Regulations (CFR). o The term "Agreement" also means "Contract." o Agency also means the local entity entering into this contract with the Contractor or Consultant. o The term "Small Business" or "SB" is as defined in 49 CFR 26.65. AUTHORITY AI\D RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26,"Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The bidder shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. ) l-14 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT TO-I Notice to Bidders DBE Information 3. SI]BMISSION OF DBE INFORMATION All DBE documentation must be submitted for the successful bidder to be considered responsive. The folowing sections in the contact specifcations for all the required DBE submittals: Bidder's List of Subcontractors (DBE and NON-DBE) (Exhibit l2-B) Local Agency Bidder DBE Commitment-Construction Contract (Exhibit l5-G) DBE Information - Good Faith Efforts (Exhibit 15-H) Final Report-Utilization of DBE, First-Tier Subcontractors (Exhibit l7-F) Disadvantaged Business Enterprises (DBE) Certification Status Change (Exhibit 17-O) 4. DBE PARTICIPATION GENERAL INFORMATION It is the bidder's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR l2l andbe certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE bidder not bidding as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1.The bidder is a DBE and will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3.The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The bidder shall list only one subcontractor for each portion of work as defined in their bid and all DBE subcontractors should be listed in the bid/cost bid list of subcontractors. G. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non-DBE subcontractors. t-r5 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT 1O-I Notice to Bidders DBE Information 5. RESOIIRCES A. The CUCP database includes the certified DBEs from all certiffing agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1 -866-8 I 0-6 346 for assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program web site at: http ://www.dot.ca. gov lhqlbep I . Click on the link in the left menu titled Disadvantaged Business Enterprise Click on Search.for a DBE Firmlirtk Click on Access to the DBE Ouery Form located on the first line in the center of the page Searches can be performed by one or more criteria Follow instructions on the screen C. How to Obtain a List of Certihed DBEs without lnternet Access: DBE Directory - If you do not have Internet access, Caltrans also publishes a directory of certifred DBE firms extracted from the online database. A copy of the directory of certified DBEs may be ordered from the Caltrans Publications Unit at (916) 263-0822,1900 Royal Oaks Drive, Sacramento, CA 95815-3800. 6. MATERIAI-S OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or oih"r establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. a a a a r-r 5 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT lO-J Sytandard Agreement for Subcontratcors/DBE Participation C.If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. D. t-17 INSTRUCTION TO BIDDERS 12. FEDERAL HIGHWAY ADMINISTRATION REOUIREMENT CERTIFICATION AND DISCLOSURE FORMS All section references found in C-10 to C-38 are contained in the Caltrans Local Assistance Procedures Manual, available at http:i/www.dot.ca.gov/hq/Local Programs/lam/lapm.htm t-18 NSTRUCTION TO BIDDERS Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT T2-E Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.-The work herein proposed will be financed in whole or in part with Federal fi:nds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defined in Section l-1.18 ofthe Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.-In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTI.INITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the bid/proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.-The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section I 12, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a swom statement ll2 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in the bid/proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN- TERPRISES IN SUBCONTRACTING.-Pat 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections ofthese special provisions. Schedule B-lnformation for Determining Joint Venture Eli- gibility (This form need not be filled in if all joint venture firms are DBE owned.) l. Name ofjoint venture 2. Address ofjoint venture 3. Phone number ofjoint venture 4. Identiff the firms which comprise the joint venture. (The DBE partner must complete Schedule A.) a. Describe the role of the DBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non-DBE joint venturer: 5. Nature of the joint venture's business 6. Provide a copy ofthejoint venture agreement. 7. What is the claimed percentage of DBE ownership? - 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Revised 3-95 08-07-95 FR-1 INSTRUCTION TO BIDDERSl- 19 EXIIIBIT 12.E Attachment A Local Assistance Procedures Manual PS&E Checklist Instructions a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control ofand participation in this contract. Identiff by name, race, sex, and "firm" those individuals (and their titles) who are responsible for dayto-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: l. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel 4. Purchasing of major items or supplies c. Supervision offield operations Name of Firm Name of Firm Signature Signature Name Name Title Date Date Date State of County of On this _ day of 19 -, before me appeared (Name)to me personally known, who, being duly swom, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm)to execute the affidavit and did so as his or her free act and deed' Notary Public Commission expires ISeal] Date State of Counfy of On this _ day of 19 _, before me appeared (Name)to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm)to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires ISeal] Title subcontractor. AIIidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identiff concerning false statements." Revised 3-95 08-07-95 FR-2 r-20 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT T2-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS BID/PROPOSAL SIALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS ITHICH ARE A PART OF THIS BID/PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder proposed subcontractor hereby certifies that he has_, has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, I I I 14, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- I .7(b) ( 1 ), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of 510,000 or under are exempt.) Currently, Standard Form 100 (EEO-I) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 4l CFR 60-1.7(b) (l) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. t-2t INSTRUCTION TO BIDDERS Public Contract Code Section 10162 Ouestionnaire ln conformance with Public Contract Code Section70162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local govemment project because of a violation of law or a safety regulation? Yes If the answer is yes, explain the circumstances in the following space. r-22 NSTRUCTION TO BIDDERS ln conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of Califomia that the bidder has , has not _ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section I 100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. t-23 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment D Noncollusion Affidavit (Title 23 United States Code Section ll2 and Public Contract Code Section 7106) To the CITY of VERNON FIRE DEPARTMENT ln accordance with Title23 United States Code Section ll2 andPublic Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, corurived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost elernent ofthe bid price, or ofthat ofany other bidder, or to secure any advantage against the public body awarding the contract ofanyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bid/Proposal. Signing this Bid/Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. r-24 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, helshe or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: o [s not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; o Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; o Does not have a proposed debarment pending; and o Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid/Proposal. Signing this Bid/Proposal on the signature portion thereof shall also constitute signature of this Certification. INSTRUCTION TO BIDDERSr-25 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment F NONLOBBYING CERTIFICATION FOR FEDERAL.AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (l) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an ofhcer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. t-26 INSTRUCTION TO BIDDERS b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity ! r.i." Congressional District, if known 6. FederalDepartment/Agency: b. material change For Material Change Only: yeaf _ quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: Authorized for Local Reproduction Standard Form - LLL b. initial award c. post-award Subawardee Tier , if known 8. Federal Action Number, if known: CFDA Number, if applicable 9. Award Amount, if known: 10. a. Name and Address of Lobby Entify b. Individuals Performing Services (including (lf individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check alt that apply) f3. Type of Payment (check all that aPply) I actuat planned 12. Form of Payment (check all that apply): f-'l a. cash E b. in-kind: speciff: nature- a. retarner b. one-time fee c. commission d. contingent fee e deferred f. other, specifo 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in ltem ll: (attach Continuation Sheet(s) 15. Continuation Sheet(s) attached: Yes tr No [f. lnformation requested through this form is authorized by Title 3l U.S.C. Section 1352. This disclosure of lobbying reliance Sigrature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 3l U.S.C. print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any T:1, _.;;;;;iff,"'iii" ri" r.qrl."o disclosure shall be subjJt Title: to a civil penalty of not less than $ I 0,000 and not more than $100,000 for each such failure. Telephone No.: Federal Use Only: if necessary) tr DISCLOST]RE OF LOBBYING ACTTWTIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 3I U.S.C. I352 Standard Fom LLL Rev. 09-12-91 t-27 INSTRUCTION TO BIDDERS 2. Status of Federal Action: E" bid/offer/application value 3local Assistance Procedures Manual PS&E Checklist Instructions EXIIIBIT 12.E Attachment G INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOST'RE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The frling of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial frling and material change report. Refer to the implementing guidance published by the Offrce of Management and Budget for additional information. 1. Identiff the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identifu the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State andzip code of the reporting entity. lnclude Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identiff the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. lnclude at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7 . Enter the federal program name or description for the covered federal action (item l). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identiffing number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, lnvitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). lnclude prefixes, e.g., "RFP-DE-90-00 I ." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item l0). lrdicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a r-28 INSTRUCTION TO BIDDERS material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, speciff the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. Ifother, specifu nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identifu the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certiffing official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-Lll-lnstructions Rev. 06-04-90(ENDIF> INSTRUCTION TO BIDDERS1-29 Local Assistance Procedures Manual EXIIIBIT 12-E Attachment II ARTICLE I - SECTION 2. BID/PROPOSAL REQUTREMENTS & CONDITIONS 2-I.OI GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the bid/proposal form and the submission of the bid. ln addition to the subcontractors required to be listed in conformance with Section 2-1.054, "Required Listing ofProposed Subcontractors," ofthe Standard Specifications, each bid/proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Bid/Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Bid.rProposal. ln conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid,IProposal. Signing the Bid/Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 itthe award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to DBE submittals or escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event of being the apparent low bidder on future public works contracts. 2-1.015--FEDERAL LOBBYING RESTRICTIONS.-Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bid book. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Bid book. Signing the Bid book shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall frle a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: NSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E Attachment H (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. I-33 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) Exntnrr 12-B BrooER's LIST oF SUBCoNTRACToRS (DBE AND NoN-DBE) PART I TIIe biddcr shall list a[ subcoalracton Ooth DBE ad non-DBE) h accordar€ wilh Sectiot 2-1.054 ofrhe Statdard Specifcations and per Tide 49, Section 26.11 ofthe Code of Fed€ral Regulations. Ttis listitrg is requircd b addition to listing DBE Subcontsactors clscwhere in the proposal. Photocopy thir form for rdditionll fiIms. Firm Name/ Address/ Citv. State. ZIP Phone/ Fax Annual Gross Receipts Description of Portion of Work to be Performed Local Agency Use Onlv (Certifred DBE?) Name Phone < $l million < $5 million Address < $10 million Fax < $15 million City Stqte ZIP > $15 million Nqme Phone < $l million < $5 million Address < $10 million Fax < $15 million City State ZIP > $15 million Name Phone tr < $l million < $5 million Address < $10 million Fax < $15 million City State ZIP > $15 million Name Phone < $l million < $5 million Address < $10 million Fax < $15 million City State ZIP > $15 million Aee of Firm (Yrs.) Distribution: l) Original - [ocal Agency File Page I of2 August 12,2013DLA-OB 13-06 IIYES ENo IIYES flNo Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) ExnBrr 12-B BmoER's Lrsr oF SUBCoNTRACToRS (DBE AND NoN-DBE) PART II 49, Scction 26 of thc Codc of F€dcral Regulatiom. Photocopy this fonn for additional firms. FirmName/ Address/ City, State, ZIP Phone/ Fax Annual Gross Receipts Description of Portion of Work to be Performed Local Aeencv Use Only (Certihed DBE?) Name Phone < $l million < $5 million Address < $10 million Fax < $15 million City State ZIP > $15 million Name Phone < $l million < $5 million Address < $ l0 million Fax < $15 million City State ZIP > $15 million Name Phone < $l million < $5 million Address < $10 million Fax < $15 million City State ZIP > $15 million Name Phone < $l million IJYES < $5 million Address < $10 million Fax < $15 million City State ZIP > $15 million Page 2 of 2 August 12,2013DLA-OB 13-06 IIYES ENo If YES list DBE #: Age of Firm (Yrs.) Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors (DBE and Distribution: l) Original - local Agency File Page 3 of 2 August 12,2013DLA-OB 13-06 NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY:LOCATION: PROJECT DESCRtrTION: TOTAL CONTRACT AMOI.JNT: $ BID DATE: BTDDER'S NAME: CONTRACT DBE GOAL: ]ONTRACT TEM NO. TEM OF WORK AND DESCRIPTION )R SERVICES TO BE ;UBCONTRACTED OR MATERTALS lO BE PROVIDED (or contracted if the ridder is a DBE) DBE CERT NO. {ND EXPIRATION DATE \AMEOFEACH DBE (Must be certified on the date bids rre opened - include DBE address rnd phone number) )OLLAR AMOUNT )BE For Local Agency to Complete: lncal Agency Contract Number: Federal-aid Project Number: Federal Share: Contract Award Date: Total Claimed DBE Participation % tocal Agency certifies that all DBE certifications have been verified and information is complete and accurate. Print Name l.ocal Agency Representative (Area Code) Telephone Number: Signature Date Signature of Bidder Date (Area Code) Tel. No. Person to Contact (Please Type or Print) tmal Agency Bidder DBE Comitnent (CoNtruction Cont-acts) (Rev 6/26109) Exnrnrr 15-G LocAL AGENCY BTDDER DBE CoMMTTMENT (CONSTnUCTTON CoNrnacrs) Distribution: (l ) Original - [ocal agency files I-36 INSTRUCTION TO BIDDERS s EXHIBIT 15.H Local Assistance Procedures Manual INSTRUCTIONS - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) ALL BIDDERS: PLBASE NOTE: This information may be submitted with your bid. If it is not, and you are the apparent low bidder or the second or third low bidder, it must submitted and received as specified in the Special Provisions. Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount, Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and ltem of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers.The form has a column for the Names of DBE contractors to perform the work (who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identiff all DBE firms participating in the project regardless of tier. Names of the First- Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (tf tOOZr of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," oithe Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number, Federal Share, Contract Award Date fields and veriff that all information is complete and accurate before signing and filing. t-37 INSTRUCTION TO BIDDERS Page 15-2 Jtne29,2012 oBt2-04 EXHIBIT 15.TI DBE INFORMATION -GOOD FAITH ETTONTS DBE IUTORMRTTON. GOOO FATTH ETTORTS Federal-aid Project No. HSIP - 5139 (012) Bid Opening Date The City of Vemon established a Disadvantaged Business Enterprise (DBE) goal of 0%o for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, a.8., IDBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation EXHIBIT 15-H Local Assistance Procedures Manual C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that suflicient work to facilitate DBE participation was made available to DBE firms. ltems of Work Bidder Normally Breakdown of Amount Percentage Performs ltem Items ($) Of (YN) Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: TNSTRUCTION TO BIDDERS Page 15-4 June29,2012 oBt2-04 r-39 F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a dernonstration of good faith efforts (use additional sheets if necessary): r40 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort EXHIBIT 15-H DBE lxronua.uoN -4OOD FAITH EFFORTS DBE INTOnUI.TION. GOOU FArrH EFFORTS Federal-aid Project No.Bid Opening Date The (City/County ofl established a Disadvantaged Business Enterprise (DBE) goal of !/o for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, a.8., aDBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisernent B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of tnitial Follow Up Methods and Dates Solicitation INSTRUCTION TO BIDDERS oB 12-04 t-41 Page 15-1 June29,2012 Exhibit 15-H DBE Information -Good Faith Effort Local Assistance Procedures Manual C. The iterns of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items ($) Of (Y/N) Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: INSTRUCTION TO BIDDERS E. r-42 oB 12-04 Page 15-2 June29,2012 Local Assistance Procedures Manual Exhibit 15-H DBE Information - Good Faith Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Intemet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a dernonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. INSTRUCTION TO BIDDERS oB 12-04 r-43 Page 15-3 June29,2012 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment L 5-I.4 SUBCONTRACTING No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor's work. If the Contractor violates Pub Cont Code $ 4100 et seq., the City of Vernon may exercise the remedies provided under Pub Cont Code $ 4110. The City of Vernon may refer the violation to the Contractors State License Board as provided under Pub Cont Code $ 41 1 1. The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor's own employees and equipment, owned or rented, with or without operators. Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, $ 7000 et seq.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debaned contractors is available at the Department of Industrial Relations web site at: rnl Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. Each subcontract and any lower-tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due or to become due, until correction is made. Failure to comply may result in termination of the contract. r-44 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 17-F tr'hd Rcport-Utiliz.tton of Db.dwnt.ged Bu.ln@ STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FTRST-TIER SUBCONTRACTORS cEr-24O2F (REV 0212008) AOA Notlce For individuals with sensory disabilities, this document is available in altemate fomats For information call (916) 654€410 or TOD (916) 6il-3880 or wite Records and Fms Management, '1120 N Street, MS-89, Sacramento, CA 95814 CONTMCT NUMBER coUNTY I ROUTE posT MTLES FEDEML AID PROJECT NO. I ADMINISTERING AGENCY CONTMCT COMPLETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTMCT AMOUNT s ITE M NO. DESCRIPTION OF WORK PERFORMED AND MATERIAL PROVIDED COMPANY NAME ANO BUSINESS ADDRESS DBE CERT. NUMBER CONTRACT PAYMENTS NON-OBE DBE DATEWORK COMPLETE DATE OF FINAL PAYMENT $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ $$ ORIGINAL COMMITMENT $TOTAL $$ DBE of worfi) was different thln thet .pprcved at time of award, proylde comments on back of form. List actual lmount prid to each entity. I CERTIFY THAT THE AND CORRECT CONTRACTOR REPRESENTATIVE'S SIGNATURE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY INFORMATION AND BELIEF, THE ABOVE INFORMATION IS COMPLETE ANO CORRECT RESIDENT ENGINEER'S SIGNATURE BUSINESS PHONE NUMBER DATE Copy Distribution-Cahres contraqts: Copy Distribution-lrcal Ag@cy contr&ts: Odginrl - District Co$truction OrlginEl - District t cal Assistilce Engitrq (submitted with the Report ofExpeoditwe Copy- BusiDN Enttrprisc Progrm Copy- Dstrict lrcal Assistace Engileo Copy- CoDtractor Copy- t cal Agency file Copy Raidot Enginu LPP 09-02 t-45 INSTRUCTION TO BIDDERS Page 17-21 July l, 2012 EXHIBIT I7-F Local Assistance Procedures Manual Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors FINAL REPORT- UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST.TIER SUBCONTRACTORS CEM 2402(F) (Rev. 0212008) The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal-aid Project No., the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the prime contractor name and business address. The focus of the form is to describe who did what by contract item number and descriptions, asking for specific dollar values of itern work completed broken down by subcontractors who performed the work both DBE and non-DBE work forces. DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No's) and description of work performed or materials provided, as well as a column for the subcontractorname and business address. For those frrms who are DBE, there is a column to enter their DBE Certification Number. The DBE should provide their certification number to the contractor and notiff the contractor in writing with the date of the decertification if their status should change during the course of the project. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non-DBE column is used to enter the dollar value of work performed for frms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified. This program status is determined by the California Unified Certification Program by ethnicity, gender, ownership, and control issues at time of certification. To confirm the certification status and program status, access the Department of Transportation Civil fughts web site at: http://www.dot.ca.gov/hq/bep or by calling (916) 324-1700 or the toll free number at (888) 810-6346- Based on this DBE Program status, the following table depicts which column to be used: DBE Proeram Status Column to be used If orosram status shows DBE only with no other programs listed DBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date, enter the total dollar value performed by this contractor under the appropriate DBE identifrcation column. If a contractor performing work as a non-DBE on the proj ect becomes certified as a DBE, enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enterthe total of each of the six columns in FormCEM-2402(F). Any changes to DBE certification must also be submitted on Form-CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the "final payment" to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. Page 17-22 July l, 2012 LPP 09-02 INSTRUCTION TO BIDDERSI-46 Local Assistance Procedures Manual EXHIBIT 17-O Disadvantaged Business Enterprises (DBE) Certification Status STATE OF CALIFORNIA_ DEPARTMENT OF TRANSPORTATION Exrilsrr 17-O ors,c,DvANTAGED BUSTNESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE CP-CEM-2403(F) (New. l0/99) CONTACT NUMBER COUNTY ROUTE POST MILES ADMINISTERING AGENCY CONTRACT COMPETION DATE E CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT Prime Conlraclor: List all DBEs with changes in certification status (ceilifed/decenilied) while in your employ, whether or nol Jirms were originolly listed for good credit Attoch DBE CONTRACT ITEM NO. Comments: CONTRACTOR REPRES ENTATIVE S IGN ATU RE RESIDENT ENGINEER letler in accordance with the Provisions I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT TOTHE BEST OF MY KNOWLEDG THE ABOVE INFORMATION IS COMPLETE AND 3) Local Agency 4) Resident Engineer A' FICATION DATE ktter attached SUBCONTRACT NAME AND BUSINESS ADDRESS CERTIFICATION NUMBER ESS PHONE NUMBER BUSINESS PHONE NUMBER Original copy -DLAE Copy - l ) Business Enterprise Program 2) Prime Contactor r-47 INSTRUCTION TO BIDDERS EXHIBIT 17-O Local Assistance Procedures Manual Disadvantaged Business Enterprises (DBE) Certification Status Change Form CP-CEM 2403(F) (New 10/99) DISADVANTAGED BUSINESS ENTERPRISES (DBE) CHANGE IN CERTIFICATION STATUS REPORT The top of the form requires specif,rc information regarding the construction project: Contract Number, County, Route, Post Miles, the Administering Agency, the Contract Completion Date, and the Estimated Contract Amount. It requires the Prime Contractor's name and Business Address. The focus of the form is to substantiate and verify the actual DBE dollar amount paid to contractors on federally funded projects that had a changed in Certification status during the course of the completion of the contract. The two situations that are being addressed by CP-CEM 2403(F) are, if a firm certified as a DBE and doing work on the contract during the course of the project becomes Decertified, and if a non-DBE firm doing work on the contract during the course of the project becomes Certified as a DBE. The form has a column to enter the Contract Item No (or Item Nos.) as well as a column for the Subcontractor's Name, Business Address, Business Phone, and contractor's Certification Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined above during the time period they are Certified as a DBE. This column on the CP-CEM-2403(F) should only reflect the dollar value of work performed while the firm was Certified as a DBE. The column called Certification/Decertification Date (Letter attached) will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certifrcation Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP-CEM-2403 (F) form. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F) has an area atthe bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F) has an area atthe bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. I-48 INSTRUCTION TO BIDDERS CITY OF VERNON DATA UNIVERSAL NUMBERING SYSTEM (D-U-N.S) NUMBER Submit this form with the Executed Contract. If you fail to submit your D-U-N-S Number, the Department will not approve the contract CONTRACT NI.]MBER: CONTRACTOR NAME: BUSINESS ADDRESS (D-U-N-S Number Location): STREET: CITY: STATE: ZIP CODE: D-U-N-S Number: Contact Name: Telephone No: t-49 INSTRUCTIONTO BIDDERS Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language Exnrrrr 12-G RnqurRED Fnnrnan-a,rD CoNTRACT LAI\GUAGE (For Local Assistance Construction Projects) Table of Contents Section 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Pase No. DBE COMMITMENT SUBMITTAL ............2 GOOD FAITH EFFORTS SI.]BMITTAL..................3 EXHIBIT 15.G LOCAL AGENCY BIDDER DBE INFORMATION (CONSTRUCTION CONTRACTS).4 ST'BCONTRACTOR AI\D DISADVANTAGED BUSINESS ENTERPRISE RECORDS..............................,4 PERFORMAIICE OF DISADVANTAGED BUSINESS ENTERPRISES 4 2. BID OPENING...... 3. 4. 5. 6. CONTRACT AWARD 5 CONTRACTOR LICENSE .......... DIFFERING SITE CONDITIONS.......5 CONTRACTOR'S NOTIFICATION.5 6ENGINEER'S INVESTIGATION AI[D DECISION ............ 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ..........6 8. QUALITYASSURANCE 67 9. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS.................. ..........6+ 10. FORM FHWA-1273 REQUTRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS...................7 11. FEMALE AI\D MIONORITY GOALS...18 12. FEDERAL TRAINEE PROGRAM... 13. TITLE VI ASSURANCES ............ 19 Page I of 22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit l2-G Required Federal-aid Contract Language 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 cFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5,the Agency shows a goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verifu that the DBE frm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: o 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. o 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. . Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(dxl) through (a) and (6). o- DBE Commitment Submittal Submit the Exhibit l5-G Local Agency Bidder DBE Commitment (Construction Contracl9 form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request. Submit written confrmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Commitment form within the specified time, the Agency will find your bid nonresponsive. Ptge 2 of 22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language b. Good Faith Effirts Submittal If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: I . Items of work you have made available to DBE firms. Identiff those items of work you might otherwise perform with your own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requiranents of the contract to assist them in responding to a solicitation. If you have provided information, identiff the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate. 7 . List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor ptrrchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identiff the name of the DBE assisted, nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents, as appropriate. 8. Any additional data to support demonstration of good faith efforts. The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal. Page3 of22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language c. Exhibit 15-G - Local Agency Bidder DBE Information (Construction Contracts) Complete and sign Exhibit l5-G Local Agency Bidder DBE Commitment (Construction Contractsl included in the contract documents regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the Agency encourages you to submit a copy of the joint venture agreement.) d. Subcontractor and Disadvantaged Business Enterprise Records Use each DBE subcontractor as listed on Exhibit l2-B Bidder's List of Subcontractors (DBE and Non-DBE) and Exhibit l5-G Local Agency Bidder DBE Commitment (Construction Contracts) form unless you receive authorization for a substitution. The Agency requests the Contractor to: l. Notiff the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: . Name and business address of each l'Ltier subcontractor r Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier . Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the l5th of each month, submit a Monttrly DBE Trucking Verification form. If a DBE is decertified before completing its work, the DBE must notifu you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notiff you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit l7-O, form. Submit the form within 30 days of contract acceptance. Upon work completion, complete Exhibit l7-F Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. e. Performance of Disadvantaged Business Enterprises DBEs must perform work or supply materials as listed in the Exhibit l5-G Local Agency Bidder DBE Commitment (Construction Contracrsl form, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. Page 4 ol22 August 12,2013DLA-OB t3-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. I l. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph 2. Notices from you to the DBE regarding the request 3. Notices from the DBEs to you regarding the request If a listed DBE is terminated or substituted, you must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. Unless the Agency authorizes (l) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Exhibit l5-G Local Agency Bidder DBE Commitment (Construction Contracrs/ form unless it is performed or supplied by the listed DBE or an authorized substitute. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Bidders. 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.. The hotline is part of the DOT's effort to identifu and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 4. CONTR.ACT AWARD If the Agency awards the contract, the award is made to the lowest responsible bidder. 5. CONTRACTORLICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code $ 10164). 6. DIFFERING SITE CONDITIONS a. Contractor's NotiJication Promptly notiff the Agency's Engineer if you find either of the following conditions: l. Physical conditions differing materially from either of the following: Prge 5 of22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language o Contract documents o Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract lnclude details explaining the information you relied on and the material differences you discovered. If you fail to promptly notifo the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. b. Engineer's Investigation and Decision Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both 7. BEGTNNTNG OF tryORK, TIME OF COMPLETTON AND LIQAIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the contract has been approved by the attomey appointed and authorized to represent the City of Vernon. This work shall be diligently prosecuted to completion before the expiration of 180 CALENDAR DAYS beginning on the fifteenth calendar day after approval ofthe contract. The Contractor shall pay to the City of Vemon the sum of $ 1 ,500 per day, for each and every calendar day's delay in hnishing the work in excess of the number of working days prescribed above. Refer to Part II Special Provisions, Section II-1.06 Liquidated Damaees for additional information. 8. QUALITYASSaR,INCE The Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the Agency performs if they are available at the job site. Schedule work to allow time for QAP. 9. PROMPT PAYMENT OF FANDS WITHHELD TO SUBCONTRACTORS (The local agency must include one of the following three provisions to ensure prompt and full payment of any retainage from the prime contractor, or subcontractor, to a subcontractor. Remove or strike out the methods not used.) The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or Page 6 of 22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. 10. FORM FHWA-1273 REQUIRED CONTRACT PROWSIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A . EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) PageT of22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required F€deral-aid Contract Language FHWA-1273 - Revised May 1, 2012 REOUIRED CONTRACT PROVISIONS FEDEMT.AID CONSTRUCTION CONTRACTS I Generalll Nondiscriminationlll. NonsegregatedFacilitieslV Davis-Bacon and Related Act ProvisionsV. Contract Work Hours and Safety Standards Act ProvisionsVl Subletting or Assigning the ContractVll. Safety: Acoident PreventionVlll False Statemenls Conceming Highway Pro,ectslX lmplementation of Clean Air Act and FederalWater Pollution Control Ac(X Compliance with Govemmentwide Suspension and Debarmenl RequirementsXl Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and lvlaterials Preference for Appalachian Development High,ray SySIem orAppalachian Local Ac.ess Road Contracts (included in Appalachian contracts only) I. GENERAL 1 . Form F|-IWA-1273 must be physically incorporated in each construction contacl funded under Title 23 (excluding emergency conlracls solely intended for debris removal) The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lolver tier subcontracts (excluding purchase orders, rental agreements and other agreements foa supplies or services) The applicable requirements of Form FFMA-1273 are incorporated by relerence foa uork done under any purchase order, rental agreement or agrcemenl for other servic€s The prime contractor shall be responsible Ior compliance by any subconlraclor, lo\ €Ftier subconlractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontaacts (excluding subcontracts for desrgn setuices, purchase oders, rental agaeements and othea agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lo\ €r-tier subcontractor or service provider Contracting agencies may reference Form FHWA-'1273 in bid proposal or requesl ror proposal documents, hou/ever, the Fom FFlwA-1273 must be physically incorporated (not refeEnced) in all conlracts, subcontracts and loweFtier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services relaled to a construclion confact) 2 Subiect to the applicability criteria noted in the following sections, these @ntract provisions shall apply to all ,,l,olk perfomed on the contract by the contractor's own organization and with fte assistance of lvorkers under the contractor's immediate superinlendence and to all work performed on lhe contract by piecev',ork, station uork, or by subcontracl. 3 A breach of any of the stipulations contained in these Required Contract Provisions may be sufficienl grounds for withholding of progress payments, withholding of final payment, termination of lhe contracl, suspension / debament or any other aclion determined to be appropriate by the contractrng agency and FHWA 4 Selection of Labor. During the pedomance oI this contract, the contraclor shall nol use convict laborfor any purpose within the limits of a conslruction projecl on a Federal-aid highway unless it is labor performed by convcts who are on parole, supervised release, or probation The tem Federal-aid high,rray does not include roadways functionally classified as localroads or ruralminor collecloG. II. NONOISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all FederaFaid conslruction contracts and io all related construction subcontracts of $10,000 or more The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural setuice contracts. h addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 162S 1627, Title 23 USC Section 140, lhe Rehabrlilation Act of 1973, as amended (29 usc 794), Tite vr of rhe civil Rights Act of 1964, as amended, and related regulations includng 49 CFR Pads 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 6G1 4(b) and, for all construction contl-acis exceeding $10,000, the S[andard Federal Equal Employment Opponunity Construction Contract Specific€tions in 41 CFR 60-4 3 Note. The U S. Depa(ment of Labor has exclusive authority (o delermine compliance with Executive Order 1 1 246 and the policies oI the Secretary of Labor including 41 CFR 60, and 29 CFR 162$1627- The contracting agency and the FI-(WA have the authonty and the responsibility lo ensure compliance with T le 23 USC Seclion 140, the Rehabililation Act of 1973, as amended (29 IJSC 794), and Title Vl of the Civil Rights Act of 1964, as amended, and relaled regulahons including 49 CFR Pans 21, 26 and 27; and 23 CFR Pans 200, 230, and 633 The following provision is adopted from 23 CFR 230, Appendix A, w[h appropriate revisions to conform to the tJ S. Department of Labor (US OOL) and FHWA requirements l. Equal Employment Opportunity: Equal employmeflt opportunity (EEO) requirements not lo discriminate and to take afiirmative action to assure equal opponunily as s€t forth under laws, executive orde6, rules, regulalions (26 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modilled by the provisons prescdbed herern, and imposed pursuant to 23 U S.C. 1,10 shall constilute the EEO and specific ammative aclion standards for the contracto/s poect arctivities under lhis contract The provisions oI the Americans with Disabilities Act of 1S90 (42 US C 12101 ets€q )set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by referenc€ in this contracl. ln the executon of this contract, the contractor agrees to comply with thefollowing minimum specific requirement activities of EEO: a. The conlractor will ',1ork with the contracling agency and the Federal Governmenl to ensure thal il has made every good faith effort to provide equal opportunity with respecl to all of its lerms and condilions ot employment and in their review of activities under the contracl b The contractor will accept as its operathg policy the following statement: "lt is the policy ofthis Company to assure that applicants are employed, and that employees are lrealed during employment, without regard to their race, religion, sex, color, national origin, age or disability Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms olcompensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on- the-iob training " 2. EEO Omcea: The contractor will designate and make known to the contracting oficers an EEO Officer who will have the responsibility for and must be capable of effeclively administedng and promoting an aclive EEO program and who musl be assigned adequate aulhority and responsibility to do so Page 8 of 22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit l2-G Required Federal-aid Contract Language 3. Dissemination of Policy: All members of the contractols staff who are authorized to hire, supeNise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classific€tion of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnelofiice employees will be conducted before the start of 'aork and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractods EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the proiect will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and M/omen. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e- The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the c.ntractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be plac€d in publications having a large circulation among minorities and 'romenin the area from which the poect work force $ould normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitrnent through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures Mereby minority and ,,!omen applicants may be referred to the contractor for employment consideration. b ln the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the @ntractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect ot discriminating against minorities or wgmen, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor r,lill encourage ib present employees to refer minorities and women as applic€nts for employment. lnformation and procedures with regard to .efening such applicanb will be discussed wth employees 5. Pe6onnsl Actions: Wages, r,lorking conditions, and employee benefits shall be established and administered, and personnel actions oI every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that wolking conditions and employee facilities do not indicate discriminatory treatrnent of project site personnel. b. The contractor will periodically evaluate the spread ot wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will prompty take co ective action. lf the review indicates that the discriminatjon may extend beyond the actions reviewed, such corrective action shall include all affected peGons. d. The contractor will prompty investigate all complaints of alleged discrimination made to the contractor in connection wilh its obligations under this contract, will attempt to resolve such complaints, and will take appropriate conective action within a reasonable time. lf the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion ofeach investigation, the contractor will inilrm every complainant of allof their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or cunent employees. Such efforts should be aimed at developing full journey level status employees in the type oI trade or job classifi cation involved. b. Consistent with the contractois !!ork force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. ln the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistiance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants Ior employment of available training programs and entrance requirements ror each. d. The contractor will periodically review the training and promotion potential oI employees who are minorities and v',/omen and will encourage eligible employees to apply lor such training and promotion. 7. Unions: lf the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and v'/omen. Actions by the contractor, either directy or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and v'romen for membership in the unions and increasing the skills of minorities and v/omen so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, nationalorigin, age or disability. c. The contractor is to obtiain information as to the refenal practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency Page 9 oI22 August 12, 2013DLA-OB 13-06 Local Assistance Proc€dures Manuel Exhibit 12-G R€quired Federal-aid Contract Language and shall set forth what efforts have been made to obtain such information. d. ln the event the union is unable to provide the contractor with a reasonable flow of refenals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitrnent elforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and $/omen. The failure of a union to provide sufficient refenals (even though it is obligated to provide exclusive referals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. ln the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 1'1246, as amended, and these special p.ovisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Oisabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so uould cause an undue hardship 9. Selection of Subcontractors, Procurement oI Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, natioml origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors oftheir EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor c.mpliance with their EEO obligations. 10. Assurance Required by49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT'S U.S. DoT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the perrormance ofthis contract. The contractor shall carry out applicable requiremenb of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to c€rry out these requirements is a material breach ofthis contract, which may result in the termination of this contract or such other remedy as the confacting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period ofthree years following the date of the final payment to the contractor for all contract v'/ork and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the a. The records kept by the contractor shall documenl the following: (1) The number and work hours of minority and non-minority group members and uomen employed in each !!ork classific€tion on the project; (2)The progress and efforts being made in cooperation with unons, when applicable, to increase employment opportunities for minorities and \,\omen; and (3) The progress and efforb being made in locating, hiring, training, qualifying, and upgrading minorities and ',/'/omen; b. The contractors and subcontractors will submit an annual report to the contracting agency each July lor the duralion of the project, indicating the number of minority, women, and non-minority group employees cunently engaged in each,,,iork classification required by the contract \,rork. This information is to be reported on Form FHWA,I39l. The staffing data should represent the project \rork force on board in all or any pa( of the last payroll period preceding the end of July. l, on{he-job training is being required by special provision, the contractor will be required to collect and reporl training data. The employment data should reflect the 'r',ork ,orce on board during ail or any part of the last payroll period preceding the end of July. II I. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractois obligation extends further to ensure that its employees are not assigned to perform their seNices at any location, under the contracto/s control, where the facilities are segregated. The term "facilities' includes ',l/aiting rooms, work areas, restaurants and other eating areas, tme clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user reslrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-Ier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-or-v'/ay of a roadway that is tunctionally classified as Federal-aid high\ray. This excludes roadways functionally classilied as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Departrnent of Labor regulations in 29 CFR 5.5 -Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Itlinimum wagos a. All laborers and mechanics employed or v'/orking upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the v'iage determination of the Secretary of Labor lvhich is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the cantractor and such laboreas and mechanics. Page 10 of 22 August 12, 2013DLA-OB l3-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-sid Contract Language Contributions made or costs reasonably anticipated for bona fide fringe benefits under section '1(bX2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions o, paragraph 1.d. of this section; also, regular contributions made or costs incuned for more than a weekly period (but not less often than quarterly) under plans, funds, or programs \,rfiich cover the particular weekly pe.iod, are deemed to be constructively made or incuned during such weekly period. Such laborers and mechanics shall be paid the appropriate \4age rate and fringe benefits on the wage determination for the classification of 'r'Drk actually perfomed, r4ithout regard to skill, except as provided in 29 CFR 5.5(aX4). Laborers or mechanics performing \,!grk in more than one classification may be compensated at the rate specified for each classifcation for the time actually ',!orked therein: Provided, That thg employe/s payroll records accurately set forth the time spent in each classific€tion in which ',/'rork is performed. The \,vage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site o, the r,/'/ork in a prominent and accessible plac€ where it can be easily seen by the llorkers. b. (1) The contracting officer shallrequire that any class of laborers or mechanics, including helpers, wtlich is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and lringe benefits therefore only when the following criteria have been met: (i) The ',/'iork to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classific€tion is utilized in the area by the construction industry;and (iii)The proposed wage rate, including any bona lide fringe benelits, bears a reasonable relationship to the wage rates contained in the !!age determination. (2) lf the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefts where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards AdminEtration, U.S. Department of Labor, Washington, DC 202'10. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) ln the event the contractor, the laborers or mechanics to be employed in the classilication or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), lhe contracting officer shall refer the questions, including the views of all interested parties and the recommendation ofthe contracting officer, to the Wage and Hour Administrator ,or determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (4)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2)or 1.b.(3) of this section, shall be paid to all \r/ofters performing r,lork in the classilication under this conkact from the first day on which ',!ork is performed in the classification c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an houdy cash equivalent thereof. d. lf the contractor does not make payments to a trustee or other third person, the contractor may consider as part oI the \,€ges of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide tringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applic€ble standards ol the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting ofobligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or c€use to be withheld from the contractor under this contract, or any other Federal conhact with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wBge requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount ofwages required by the contract. ln the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site oI the work, all or part of the wages requi.ed by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to c€use the suspension of any lunher payment, advance, or guarantee offunds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the uork and preserved for a period of three years thereafter Ior all laborers and mechanics ,r',orking at the site of the v'/ork. Such records shall contain the name, address, and social security number of each such v'/orker, his or her conect classification, hourly rates ofwages paid (including rates of contributions or costs anticjpated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(bX2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretiary of Labor has found under 29 CFR 5.5(aXl)(iv) that the w?ges ofany laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(bX2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitnent to provide such benefits is enforceable, that the plan or program is Iinancially responsible, and that lhe plan or program has been communic€ted in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incuned in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain witten evidence of the registration of apprenticeship programs and certllcation oftrainee programs, the registration of the apprentices and trainees, and the ratios and wage rates p.escribed in the applicable programs. Page ll of 22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Latrguage b. (1) The contractor shall submit weekly for each week in which any contract '/,rork is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(aX3Xi), except that full social security numbers and home addresses shall not be included on \,veekly transmittals. lnstead the payrolls shall only need to include an individually identifying nurnber for each employee ( e.g. , the last four digib of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http Jll'iww.dol.gov/esa/whd/forms^rh34Tinstr.htm or its suc{essor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Oivision of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wEge requirements. lt is not a violation of this section for a prime contractor to require a subconhactor to provide addresses and social security numbers to the prime contractor lor its own records, without weekly submission to the contracting agency . (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontraclor or his or her agent who pays or supeNises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 55.5 (aX3Xii) of Regulations, 29 CFR part 5, the appropriate informaUon is being maintained under S5.5 (aX3Xi) of Regulations, 29 CFR part 5, and that such information is conect and complete; (ii)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages eamed, without rebate, eifler directly or indirecUy, and that no deductions have been made either directy or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable !!Ege rates and fringe benefits or cash equivalents for the classification of '/'/ork performed. as specified in the applicable wage determination incorporated into the contract. (3)The weekly submission of a properiy executed certification set fo(h on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsific€tion of any of the above certifications may subiect the cont actor or subcontractor io civil or criminal prosecution under sectjon 1001 ot title 18 and section 231 of title 31 of the l,Jnited Stiates Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available tor inspection, c.pying, or transcription by authorized representatjves of the contracling agency, the State DOT, the FHWA, orthe Department of Labor, and shall permit such representatives to interview employees during working hours on thejob. It the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the conkactor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension oI any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5. !2. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to wgrk at less than the predetermined rate for the ',t/ork they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Departnent of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, wiro is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropdate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to joumeymen on thejob site in any craft classification shall not be greater than the ralio pe.mitted to the contractor as to the enlire r4ork force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of v'rori( actually performed. ln addition, any apprentice performing \,/rork on the job site rn excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the ',!9rk actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the railos and wage rates (expressed in percentages of the joumeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of p.ogress, expressed as a percentage of the joumeymen hourly rate specified in the applicable \,/,/age dete.mination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. lf the apprenticeship program does not specify fringe benefits, apprentices must be paid the fullamount ot Iringe benefts listed on the wage determination for the applicable classitlcation. It the Administrato. determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. ln the event the Offce of Apprenticeship Training, Employer and Labor Services, or a Stiate Apprentc€ship Agency recognized by the Office, withdraws approval oI an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the lrork performed until an acceptiable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5 16, tsainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Oepa(ment oI Labor, Employment and Training Administration. Prge 12 oI22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language The ratio of kainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman houriy rate specilied in the applic€ble wage determrnation. Trainees shall be paid fringe benefits in accordanc€ with the provisions of the trainee program lf the tiainee program does not mention hinge benefib, trainees shall be paid the full amount offringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program assodated with the conesponding joumeyman wage rate on the wage determination which provides for less than fullfringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and panicipating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classific€tion of work actually performed. ln addition, any trainee performing rr,/ork on the job site in excess of lhe ratio permined under the registered program shall be paid not less than the applicable wage rate on the wage determination for the wgrk actually performed. ln the event the Employment and Training Administration withdrarr/s approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applic€ble predetermined rate for the !!ork performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and joumeymen under this part shall be in conformity with the equal employment opportunity requiremenb of Executive Order '11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section lV. The straight time houdy wage rates for apprentices and trainees under such programs will be established by the particular progGms. The ratio of apprentices and trainees to joumeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-'1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor wiih all the contract clauses in 29 CFR 5.5. 7. Contract temination: debament. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a @ntEctor and a subcontractor as provided in 29 CFR 5.12 8. Compliance with Davis.Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR pa(s 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputgs concerning labor standards. Disputes arising out of the labor standards provisions of his contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Departrnent of Labor set Iorth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any ot its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a By entering into this contract, the contractor certifes that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracb by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for a,r/ard of a Govemment contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(aX1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTMCT WORK HOURS AND SAFETY STANOARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract,r',ork which may require or involve the employment oI laborers or mechanics shall require or permit any such laborer or mechanic in any u,orkweek in which he or she is employed on such r,lork to ',\ork in excess of fo(y hours in such r,\orkweek unless such laboaer or mechanic receives compensation at a rate not less than one and one-half times the basic rate oI pay for all hours ' /orked in excess of forty hours in such 2. Violation; liability for unpaid wages; liquidated damages. ln the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. ln addition, such contractor and subcontractor shall be liable to the United States (in the case of '/',/ork done under contract for the District oI Columbia or a tenitory, to such District or to such tenitory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including walchmen and guards, employed in violation of the clause set forth in paragraph (1.) o, this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess oI the standard llorkweek of Iorty hours without paymenl of the overtime wages required by the clause set forth in paragraph (1.) ofthis section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Departnent of Labor withhold or cause to be withheld, from any moneys payable on account o, rr'/ork perforned by the contractor or subcontractor under any such contract or any oher Federal contract with the same Page 13 of 22 August 12, 2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Languag€ prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) oI this section. 4. Subcontracts. The contractor or subcontractor shall insen in any subcontracts the clauses set forth in paragraph (1. ) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set fo(h in paragraphs (1.) through (4 ) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 perc€nt (or a greater percentage if specified elselvhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of wgrk required to be performed by he contractor's own organization (23 CFR 635.116). a. The term "perform v',/oft with its own organization" refers to ',f,orkers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of lhe prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all ot the following conditions: (1) the prime contractor maintains control over the supervision of the day{o-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the v'/ork of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from,r',iork on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty ltems" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1)of Section Vl is clmputed includes the cost of material and manufactured products which are to be purchased or produc€d by the contractor under the contract provisions. 3. The contractor shalllumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work rn accordance with the contract requirements, and is in charge ol all construction operations (regardless of who performs the ',!ork)and (b) such other of its own organizational resources (supervision, management, and engineering services)as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of exc4pt with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor oI any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30o/o self-performance requiremenl of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. Vll. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construclion contracts and to all related subcontracts. 'l . ln the performance oI this contract the contractor shall compiy with all applicable Federal, State, and local laws goveming safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, salety devices and protective equipment and take any other needed actions as it determines, or as the contracting otficer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. lt is a condition of this contract, and shall be made a conditon of each subcontract, r4hich the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in sunoundings or under conditions which are unsanitary, hazardous or dangerous to his,/her health or satety, as determined under construclion safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 u.s.c.3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretiary of Labor or authorized representative thereof, shall have right oI entry to any site of contract performance to inspect or investigate the matter ofcompliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 u.s.c.3704). VIII. FALSE STATEMENTS CONCERNING HIG}IWAY PROJECTS This provision is applicable to all Federal-aid construclion contracts and to all related subcontracts. ln order to assure high quality and durable construction in conformity Wth approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and \,t/orkers on Federal-aid highway projects, it is essential that all persons concemed with the proiect perform their functions as carefully. thoroughly, and honestly as possible Willful falsification, distofton, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places Prge 14 of 22 August 12, 2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Languege where it is readily available to all persons concemed with the proiect: 18 u.S.C. 1020 reads as follows: nvhoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity. or cost of the material used or to be used, or the quantity or quality ofthe u/ork performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or cosb of construction on any highway or related project submitted ,or approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials fumished or to be fumished, in connection with the construction ofany highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any talse statement or false representauon as to material fact in any statement. certjfic€te, or repon submitted pursuant to provisions ofthe Federal-aid Roads Act approved July 'l , 19'16, (39 Stat 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both.' IX. IMPLEi'ENTATION OF CLEAT AIR ACT AND FEDEML WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution ofthis contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the pertormance of this contract is not prohibited from receiving an a'4ard due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirenents of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requiremenb. X. CERTIFICATION REGARDING DEBA,RMENT, SUSPEI{SION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid constructon contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orde6, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more - as defined in 2 CFR Parts 180 and 1200. 1. lnstructions for Certification - First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the ce.lification set out below. b. The inability ot a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation ofwhy it cannot provide the certification set out below. The certilication or explanation will be considered in connection with the departrnent or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certific€tion or an explanation shall disquality such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance \,!as plac€d when the contracting agency determined to enter into this transaction. lf it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted ifany time fle prospectjve first tier participant leams that its certification wEs erroneous when submitted or has become erroneous by reason of changed cjrcumstances. e. The terms'covered transaction,"'debaned,"suspended,' "ineligible," "participant," "person,"'principal," and'voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and '1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered kansaction under a First Tier Covered Transaction (such as subcontracts)- "First Tier Participanf refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lowe. Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participanb (such as subc{ntractors and suppliers). i The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lo\rer tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant Iurther agrees by submitting this proposal that it will include the clause titled 'Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency. entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to pa cipate in covered transactions- To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, chec* the Excluded Parties List System website (httpsi,,www qpls ga!), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and Prge 15 of 22 August 12, 2013DLA-OB 13-06 Local Assistance Proc€dures Nlanual Exhibit l2-C Required Federal-aid Contract Language information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debaned, ineligible, or voluntarily excluded from participation in this transaction, in addition to other rernedies available to the Federal Government, the departrent or agency may GJminate this transaction for cause or defauli. 2. Certilication Regarding Oebarment, Suspension, lnGligibility and Voluntary Exclusion - Fir$ ner Participants: a. The prospective first tier participant cenifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from particjpating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission oflraud or a criminal offense in connection with obtaining, anempting to obtain, or performing a public (Federal, State or loc€l) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsificatjon or deslruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State or loc€l)with commission of any of the offenses enumerated in paragraph (a)(2) of this certficationi and (4) Have not within a three-year period preceding this applic€tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certiry to any o, the statements in this certification, such prospective partjcipant shall attach an explanation to this proposal. 2. lnstructions for Certification . Lower Tier Parlicipants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the ce fication set out below. b. The certification in this clause is a material representation of fact upon Mich reliance was placed when this transaction was entered into. lf it is later determined that the prospective lower tier participanl knowingly rende.ed an enoneous certification, in addition to other remedies available to the Federal Govemment, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier particjpant shall provide immediate Mitten notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leams that its cerlilication was erroneous by reason of changed circumstances. d. The terms "covered transaction," 'debaned,' 'suspended," "ineligible," "participant,"'person," "principal," and'voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this p.oposal is submitted for assrstance in obtaining a copy of those regulations. 'First Tier Covered Transactons" refers to any covered transaction between a grantee or subgrantee of Federalfunds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First Tier Participant" relers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Parlicipant or other Lower Tier Paftcipants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification. in all lower tier covered transactions and in all solicitiations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered kansaction may rely upon a certilication of a prospective participant in a lower tier covered transaction that is not debaned, suspended, ineligible, or voiuntarily excluded from the covered transaction, unless it knows that the certillcation is enoneous A participant is responsible for ensuring that ib principals are not suspended, debarred, or otherwise ineligible to participate in covered bansactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each partjcipant may, but is not required to, check the Excluded Parties List System website (https //www.epls gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the c€rtjfication required by this clause. The knolvledge and information of participant is not required to exceed thatwhich is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions aulhorized under paragraph e of these instructions, if a paftcipant in a covered transaction knowingly enters into a lower tier covered transaction with a person lvho is suspended, debaned, ineligible, or voluntarily excluded from participatjon in this transaction, in addition to other remedies available to the Federal Government, the departrnent or agency with which this transaction originated may pursue available remedies, :."::,:ln ","r""","" "nd/or debarment. Certilication Regarding DEbam€nt, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from panicipating in covered transactions by any Federal depa(ment or agency. Prge 16 oI22 August 12, 2013DLA-OB r3-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 2. Where the prospective lower tier participant is unable to certify to any of the statements in this c€rtific€tion, such prospective ::1,::-,*r,, "*"n an expranation to this proposar. XI. CERTIFICATION REGAROING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). L The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and beliel, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee oI any Federal agency, a Member oI Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connectjon with the a'&€rding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into ofany cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal conkact, grant, loan, or cooperative agreement. b. lf any funds other than Federal appropriated funds have been paid or will be paid to any person tor influencing or attempting to influence an offcer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying,'in accordance with its instructions. 2. This certification is a material representation of fact upon lvhich reliance \ras placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C 1352. Any person who fails to file the required certification shall be subiect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this cenification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page 17 oI22 August 12, 2013DLA-OB l3-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 12. FEMALE AND MIONORITY GOALS To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are goals for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for fernale utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION C,OALS Economic Area Goal (Percent ) 174 Redding CA: Non-SMSA (Standard Metropolitan Statistical Area) Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 6.8 175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity 6.6 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside-Monterey, CA CA Monterey 7360 San Francisco-Oakland CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA CA Santa Clara, CA 7485 Santa Cruz, CA CA Santa Cruz 7500 Santa Rosa CA Sonoma 8 720 Vallej o-Fairfield-Napa, CA CA Napa; CA Solano Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 28.9 25.6 19.6 t4.9 9.1 t7.l 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 16.1 14.3 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus 8120 Stockton, CA CA San Joaquin Non-SMSA Counties CA Alpine; CA Amador;CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 12.3 24.3 19.8 Page 18 of22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language t79 Fresno-Bakersheld, CA SMSA Counties: 0680 Bakersfield, CA CA Kern 2840 Fresno, CA CA Fresno Non-SMSA Counties: CA Kinss; CA Madera; CA Tulare l9.l 26.t 23.6 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA CA Orange 4480 Los Angeles-Long Beach, CA CA Los Angeles 6000 Oxnard-Simi Valley-Ventura, CA CA Ventura 6780 Riverside-San Bernardino-Ontario, CA CA Riverside; CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc, CA CA Santa Barbara Non-SMSA Counties CA Inyo; CA Mono; CA San Luis Obispo I 1.9 28.3 2t.s 19.0 19.7 24.6 181 San Diego, CA: SMSA Counties 7320 San Diego, CA CA San Diego Non-SMSA Counties CA Imperial 16.9 18.2 For each July during which work is performed under the contract, you and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees or apprentices is This section applies if a nurnber of trainees or apprentices is specified in the special provisions. As part of your equal opportunity affirmative action program, provide onthe-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their I st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability ofjoumeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City/County of : Prge 19 of 22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language l. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City/County's of approval for this submitted information before you start work. The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: l. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a joumeyman. Your records must show the employee's answers to the questions. ln your training program, establish the minimum length and training type for each classification. The City/County of and FIIWA approves a program if one of the following is met: 1. [t is calculated to: . Meet the your equal employment opportunity responsibilities . Qualiff the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Appranticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts Obtain the State's approval for your training program before you start work involving the classification covered by the program. Provide training in the construction crafts, not in clerk-ty.pist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division offrce. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The CitylCounty of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following: . Contribute to the cost of the training. Provide the instruction to the apprentice or trainee. Pay the apprentice's or trainee's wages during the off-site training period 3. If you comply this section. Pzge20 of22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit l2-G Required Federal-aid Contract Language Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classihcation or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee: l. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed 14. TITLE W ASSARANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations , Part 2l , as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) : In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) lnformation and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certifu to the Califomia Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (l) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Page 2l of 22 August 12,2013DLA-OB 13-06 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. MlrNrrux RECoRDS AND SUBMIT REpoRTS DocUMENTING youR pERFoRMANcE UNDER THIs SECTIoN Prye22of 22 August 12,2013DLA-OB 13-06 PART II SPECIAL PROVISIONS Specific for this Proiect PART II SPECIAL PROVISIONS . SPECIFIC FOR THIS PROJECT II-f .01 Scope of Work - The City of Vernon, Ca, Fire Department, invites bids from qualified contractors to furnish one (1) Haz-Mat and USAR Mobile Training Facility. This mobile facility must be compliant with the Urban Area Strategic Initiative (UASD and the Homeland Security Grant Program (HSGP), which will fund this project. 1. Contractor shall build and install a three (3) story Regional Training Facility, constructed from thirteen (13) 8'X8.5'X40' lnternational Organization for Standardization (ISO) containers, to include Urban Search & Rescue and integrated Hazardous Material live fire burn, spill, leak, and vapor release mitigation props. 2. This is an engineer, design, construct and deliver type specification. It is not the intention of the City to disqualifu vendors or manufacturers of similar or equal equipment of the types specified. [t should be noted that the specifications are written around specific needs of the Vernon Fire Department and the surrounding region. 3. Models included in the specifications are for reference only to indicate level of quality and required service functions. There is no intention to limit this request to any one model. 4. Site preparation where the mobile facility will be assembled for use will be the responsibility of the City of Vernon. 5. Mobile Facilities manufactured outside of the United States will not be considered. II-1.02 Leneth of Contract - All work in this project shall be completed within 180 (one-hundred-eighty) calendar days as specified in the Bidder's Proposal. II-1.03 Specifications - Office Improvements shall conform to the Part I - General Provisions of the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition). The AMERICAN INSTITUTE OF ARCHITECT SPECIFICATIONS shall be used as the specifications for any work not specifically provided for in the project manual for tenant improvements. II-1.04 Delavs and Extensions of Time - The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. [-1.05 Oualitv of Work - The provisions of Section 4-l .1 entitled "Materials and Workmanship" of the Standard Specifications (2015) shall apply. In addition, any work deemed unacceptable by the City SPECTAL PROVISTONS Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. II-1.06 Liouidated Damaees - In accordance with Section 6-9 of the Standard Specifications (2e122015), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2e122015), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1.500.00. II-2.0f Schedulins of Work - The Contractor shall submit his/her work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours' notice to the City Engineer prior to the start of the work. ll-2.02 Construction Hours - The type of work below will have time restrictions as followed: All work shall occur Monday thru Friday between the hours of 8:30 a.m. - 5:30 p.m. Weekend work will be allowed upon approval of the City Engineer II-3.0f Phasine of Work - Phase I will consist of $200,000 funded by the 2013 SHSGP Grant. Phases II and III will be funded through the 2014 SHSGP Grant at $300,000 and the 2014 UASI Grant Program at $300,000. II-3.02 Traffic Requirements - Before any partial or total closure of any street, the Contractor, its agents, or employees shall be required to obtain the approval of the City Engineer, or hisftrer designee. The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous passage for pedestrians and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set-forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe passage of traffic. II-4.01 Extra Work - In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: l. Labor 2. Materials 3. Equipment Rental 4. Other Items and Expenditures 20% t5% t5% t5% b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of l0-percent on the hrst $5,000 of extra work and 5-percent on work in excess of $5,000 may be added by the Contractor. il-2 SPECIAL PROVISIONS ll-4.02 Compliance with Laws. Regulations and Safe Practices - The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or anployees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. II-4.03 Notilication of Affected Residents/Businesses - The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures ofstreets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the perfornance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bidder's Proposal. [-5.0f Noise Restrictions - The noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. II-6.01 Construction Order of Work - Work shall be scheduled so as to lessen the impact upon City operations. Requirements - General: l. All construction shall conform to Sections 6-l and 6-2 of the latest edition of the Standard Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open II.3 SPECIAL PROVISIONS and accessible to pedestrian traffic in a manner approved by the City Engineer before the next stage of work will be allowed to begin. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 3. The Contractor shall maintain continuous access to the Fire Station, unless the Contractor has obtained the approval of the City Engineer to close such access. 4. No stockpiling of material and construction equipment in or on areas outside of the construction site will be permitted on this project unless approved by the City Engineer. Upon the review and approval of the City, the Contractor may elect to obtain a storage yard for his materials and construction equipment for the duration of this contract in order that work on this project will proceed in an efficient manner. Said storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be maintained in a neat and orderly Inanner. II-7.01 Character of Workers - If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. II-8.01 Examination of the Site - The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. II-9.01 Mobilization - The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor. [-10.01 Dust Control - Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation nor extension of contract completion time will be allowed as a result of such suspension. The cost of fumishing and operating dust control during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. II-11.01 Cleaning of Site Durine Construction - During construction, all existing improvements adjacent to the proposed office renovation site shall be cleaned of all dirt or debris on a daily basis. II-12.01 Final Cleanins of Site and Restoration - The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements at no cost to the City. A11 existing improvements adjacent to the proposed office renovation site shall be cleaned of all dirt or debris. The cost of such cleaning after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. SPECIAL PROVISIONS|-4 II-13.01 Sanitarv Facilities - The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. The costs for this shall be incorporated in the most closely related bid item and no extra compensation will be paid to the contractor. II-14.01 Best Manasement Practices (BMP) - The Contractor shall submit a copy of their Best Management Practices (BMP's) to the City Engineer for review ten (10) days prior to the beginning of any work. The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7- 8.6.2, "Best Management Practices (BMP)" are considered to be Best Management Practices. The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved. [-15.01 Protection of the Public - The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or intemrption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution ofpublic safety, protection ofutilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be bome by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. II-16.01 Permits - The Contractor shall obtain any and all applicable permits from the City of Vernon's Building Department. II-5 SPECIAL PROVISIONS PART III DETAILED REOUIREMENTS & SPECIFICATIONS PART III DETAILED REQUIREMENTS AND SPECIFICATIONS [I-1.01 Vendor Pre-Oualification Requirements: 1. The training facility vendor must actively operate a fabrication facility which is specifically intended for the manufacture of Urban Search & Rescue, Hazardous Material, and live-fire training structures and props. The intent of this specification is for the selected vendor to self-perform all fabrication activities in-house as much as practicably possible. The training facility vendor must provide evidence of past performance showing capability to construct a similar structure. The intent of this specification is to ensure that the vendor is actively fabricating Urban Search & Rescue, Hazardous Material, and live-fire containerized training structures and props of similar complexity. The training facility vendor must have a registered professional engineer on staff. The intent of this specification is to ensure that the selected vendor has the technical ability to prepare engineered drawings and calculations to obtain building permits and any other permits including air quality permits for the training center. All costs for engineering should be included in this bid. The vendor will be required to obtain a permit from the Vernon building department for the training center. All City fees for permits will be waived. The grading and utility plans for the site will be prepared by a separate engineering firm retained by the City. The vendors engineering staff shall assist and coordinate with the City of Vernon's engineer by providing all necessary information in regards to termination points for utilities, utility system needs, loads and other information required to prepare the grading plan, utility plans and environmental document. The training facility vendor must provide evidence that in-house fabricators have been appropriately certified to perform the necessary welding requirements. All products and equipment used shall be listed by UL or have 3'd party certification showing that the equipment meets building code requirements. The intent of this specification is to ensure that the selected vendor will produce a high quality product to the appropriate standards. The manufacturer of the mobile training facility bid shall have in operation a facility adequate and devoted to the manufacture of the mobile facility herein specified. The intent of this specification is to ensure as much of a single source responsibility as possible for the mobile facility proposed by the bidder. The bidder shall be responsible for the quality and warrant components and parts. The bidder shall disclose any pending or anticipated litigation between the bidder and any other party or parties that might affect this award, to include previous purchasers of like mobile facilities proposed to be built by the bidder. The successful vendor shall provide a one (l) year warranty on the entire mobile facility, which covers defective parts and or components of its manufacture or purchase, the improper choice of materials, parts and or components, improper design or engineering and poor or improper workmanship or quality control techniques. This warranty shall cover the complete mobile facility and shall include any and all costs for labor and parts or materials that are required to correct any and all deficiencies at the final delivery point of the mobile facility. Vendor is responsible for all expenses of travel, lodging, food, transportation, tools and or equipment to correct such 2. J. 4. 5. 6. 7. DETAILED REQUIREMENTS & SPECIFICATIONS deficiencies. A sample of this warranty shall be submitted with the bidder's bid. Warranties shall begin at the acceptance of the mobile facility by the City of Vernon. [I-1.02 Trainins Facilitv General Requirements: The training facility shall be a three (3) story structure and be constructed from thirteen (13) 8ft wide x 8.5ft tall x 40ft long lnternational Organization for Standardization (ISO) freight containers , to include Urban Search & Rescue and integrated Hazardous Material live fire burn, spill, leak, and vapor release mitigation props. l. Vendor shall provide a pictorial representation of their training facility solution at time of proposal that substantially satisfies the below noted specification requirements. 2. The training structure shall be in compliance with NFPA 1402 "Guide to Building Fire Service Training Centers 2012 Edition". 3. The selected vendor shall prepare layout drawings and coordinate a design review meeting to frnalize the facility configuration/layout upon project award. 4. The selected vendor shall assist City of Vernon's engineering and/or contractor to ensure that the site is properly prepared and ready to receive the training facility prior to delivery. 5. The selected vendor shall include an all-expense paid inspection trip with their proposal. The (1) day trip will allow (4) Vernon Team members to inspect their training facility during the fabrication phase prior to delivery. 6. The training facility shall be delivered within 180 days upon project award and drawing approval. 7. The facility shall provide multiple areas specifically intended for Live-Fire Training purposes. 8. The selected vendor shall be responsible for the coordination and placement of the mobile facility to include all manpower and equipment needed to complete the task. 9. The exterior finish will be of a quality DTM (direct to metal) industrial coating. A one ortwo color scheme shall be decided at the Pre-Build Conference. 10. The mobile facility will include two (2) exterior mounted signs affixed to both units (2 signs total) with Fire Department name and graphics. Locations and exact lettering and graphics shall be decided during the Pre-Build Conference. 11. Vendor proposals shall include costs associated with delivery and on-site installation/assembly at Vernon's prepared site. The selected vendor shall be responsible for the coordination and placement of the mobile facility to include all manpower and equipment needed to complete the task. 12. Awarded Vendor shall include a (3) three day "Train the Trainer Course" for up to 12 students within two weeks of training facility delivery. Course shall be conducted on-site by a certified fire Instructor (CFD. III.2 DETAILED REQUIREMENTS & SPECIFICATIONS 13. The training facility shall contain a warranty for a period of (l) one year for workmanship & materials starting from the date of delivery. 14. Vendor shall include an electronic version of the Training Facility Operations and Maintenance Manual upon delivery. 15. Full payment will be made when the mobile facility is received, inspected, and found to comply with procurement specifications, free of damage and properly invoiced. All invoices shall bear the City of Vemon purchase order number. Payment will be made in accordance with the terms negotiated between the City of Vemon and the selected vendor. 16. The vendor shall have on staff American Welding Society (AWS) certified welders. All welding required in the construction of the mobile facility shall be done by AWS certified welders. 17. The vendor shall have in place a welding inspection program to inspect the modular body welds for compliance to the American Welding Society ANSVAWS Dl.1, Structural Welding Code. All welding required for the construction of this mobile facility shall be inspected and certified by a certified American Welding Society welding inspector. This certification must be for the mobile facility body purchased by the City of Vernon. The bidder shall certiff with the bid submittal how long such an inspection program has been in place at their company. 18. All container units shall be constructed of comrgated steel with a continuous weld to the structural components. The undercarriage will be constructed of 5.75" x .125" channel with a weather resistant coating. 19. All exterior access points shall be provided with elevated platforms and access stairs constructed of galvanized structural steel. Platforms active work surfaces shall be constructed from galvanized 19-W-4-1" X l/8" bar grating to provide a non-slip surface. These mobile units shall be designed to be deployed adjacent to each other. By the use of galvanized l9-W-4-l " x 1/8" bar grating at the roof surfaces on the first and second stories and adjoined by cat walks to provide for non-slip active working surfaces at each level. All non-slip active roof and elevated platform working surfaces shall contain galvanized structural steel safety railings and toe-kicks. Railings and toe-kicks shall be in compliance with OSHA requirements. Railing shall be constructed from tube steel and with an on-center post spacing of 4' or less. 22. There shall be a high-rise type fixed exterior galvanized structural steel stairway with galvaruzed bar grating landings at each floor level and rooftop. 23. A standpipe shall be installed. A Siamese FDC (fire department connection at ground level) shall be mounted with stand pipe connections (with gate valves) provided at each landing/story and roof level of the exterior stairway. All threads will be of NST (National Standard Thread). 24. Allwindows, fire doors and hatches to be installed shall have interior locking pins. All cargo doors will have exterior locking mechanisms which will require a padlock. All windows, doors and 20. 2t ItI-3 DETAILED REQUIREMENTS & SPECIFICATIONS hatches will open to the exterior. 25. All doors shall be constructed of steel tube framed and reinforced steel and be non-latching. The fire doors have a training closure system. The training closure system shall be designed to keep the door shut during training operations and open by a pull (from the exterior) or push (from the interior) easily opening or closing the door. Heavy duty steel hinges with zircon fittings shall be used. All doors shall open to the exterior. 26. The mobile facility shall be provided with a proper electrical Service and Distribution System installation in accordance with NFPA 70 the National Electrical Code and shall be provided to control and service all electrical components. 27. This system shall automatically exhaust heat and smoke when the maximum allowable temperature of I100 degrees Fahrenheit in the burn chamber is reached in accordance with NFPA 1403. 28. This system shall be a mechanical forced air system capable of exhausting the burn chamber in one (l) minute. 29. Automatic system activations shall be accomplished by interlocking thermo coupler or temperature monitoring system (listed below). 30. This System shall have a remote manual activation by switch that shall be installed for instructor use and space evacuation between training evolutions. 31. Temperature Monitoring System shall be provided. This system shall have a (4\ zone interior electronic Temperature Monitoring System that will read the ambient air temperature. (l) sensor will be placed within the ceiling level of the Burn Rooms, and (1) sensor will be placed at floor level of the container in each burn room. [I-1.03 Trainine Facilitv Specifications: 1. The training facility shall include (3) LPG Fueled burn rooms. A total of Five (5) LPG Fueled Props shall be provided and used within the (3) bums rooms. Props will be fabricated to emulate various HAZMAT and USAR training scenarios. 2. The training facility burn rooms shall be constructed as an enclosed fully insulated steel frame secondary structure inserted within the container and designed specifically for repeated live - fire training. 3. The training facility LPG System shall initiate gas flow, gas flow rate (flame height and intensity), and flame termination from remotely located control panels. Control panels shall consist of a simple to use and expandable series of toggle switches to provide safe bum prop operation. The operating condition of each of the switches shall be visually indicated by lamps. A guarded emergency gas off (EGO) button shall be positioned at each of the props in locations defined by the purchaser and an additional EGO button shall be provided at the system control panel. A temperature monitoring system, gas detection system, and mechanically assisted ventilation system shall be included and interlocked with the gas delivery system. The LPG system must be tested II14 DETAILED REQUIREMENTS & SPECIFICATIONS 5. and certified by a Nationally Recognized (third-party) Testing Laboratory NRTL) as required by NFPA 1402 Guide to Building Fire Service Training Centers. 4. If one or more of the EGO buttons is pressed the electrical power shall be disconnected from the entire system, all flame shall be extinguished and all gas flow shall be terminated. A keyed MAIN POWER switch shall be located at the control panel and function to connect and discon:rect electrical power to the EGO and gas control electrical circuits. The ON condition of the MAIN POWER switch shall be indicated by an illuminated lamp. A gas on toggle switch and indicator lamp shall be installed to control the main gas. A FLAME INTENSITY potentiometer with knob shall be installed for each prop in the control panel. The FLAME INTENSITY control shall be used to adjust the gas flow rate and associated flame intensity. A SYSTEM LOCKOUT indicator lamp shall be installed in the control panel. The indicator lamp shall be activated to alert the operator to a system lockout condition. Three toggle switches and three indicator lamps shall be provided for all props. Each prop's toggle switches and lights shall provide the same function. 10. Each of the aforementioned switches/lamps shall be labeled clearly with respect to its design function. Labeling shall be of weather resistant materials and application. Automatic system activations shall be accomplished by interlocking with the LP delivery system. Activate an external alarm when the level exceeds 25 percent of the lower explosive level (LEL). 13. The training facility shall include an interior and exterior electrical system. The interior electrical system shall consist of (3) shatter proof 150 Watt lights and (2) receptacles/switches within each non live-fire container unit. The exterior electrical system shall consist of (6) 400 watt pole mounted halogen lights and (l) exterior mounted electrical load center for interconnection to the on-site electrical service. lnclude (2) pitched roof props for vertical ventilation and USAR training purposes. lnclude multiple points of egress via personnel doors and include windows for differing HAZMAT and USAR training scenarios (forced entry, breaching, cutting, etc.). Include interior and exterior stairs to support various I{AZMAT & USAR training scenarios. Include a reconfigurable pivoting wall system for USAR training purposes. The pivoting wall system shall allow the interior floor space to be reconfigured to support various arrangements. The wall system shall be of steel construction and simple to reconfigure. Various wall types shall be included (solid full-height, low opening, upper opening) along with ramp and entanglement props designed to be used in conjunction with the various wall types. Include a breach wall prop to emulate wood framed construction for USAR training purposes. 6. 7. 8. 9. ll. t2. t4. 15. 16. 17. 18. III-5 DETAILED REQUIREMENTS & SPECIFICATIONS 19. lnclude a synthetic smoke generating and distribution system for HAZMAT & USAR training purposes. 20. Include a balcony structure for HAZMAT & USAR training purposes. 21. Include a forced entry door system requiring the use ofa halligan, sledge, and/or cutting tools for USAR training purposes. 22. Include a steel panel cutting prop and variable angle rebar cutting prop for HAZMAT & USAR training purposes. 23. During the pre-build conference eight (8) additional anchor point locations for rope attachment will be identified. Two (2) of these anchors shall be provided at the second story roof ventilation prop for fall protection. Anchors shall be in compliance with applicable OSHA and NFPA standards. 24. lnclude rooftops containing steel galvanized bar grating and guard railing system. 25. Include a shoring prop for HAZMAT & USAR training purposes. 26. lnclude confined space tubes for HAZMAT & USAR training purposes. 27 . The electrical system design and gas system design shall meet or exceed the requirements of the following codes and standards: . Applicable D.O.T. Standards o National Fire Protection NFP A 54 -National Fuel Gas Code o NFP A 58 -Liquefied Petroleum Gas Code o NFPA 70 -National Electric Code (NEC) r NFP A 86 -Standards for Ovens and Fumaces o NFPA 1402 -Guide to Building Fire Service Training Centers o NFP A 1403 -Standard on Live Fire Training Evolutions o UL 508 -Standard for Industrial Control Panels o AWS -Welding Standards 28. All equipment shall be installed and adjusted as instructed by the equipment manufacturer. 29. Two (2) copies of the Owner's and User's Manuals shall be provided that include all of the necessary information for the operation, maintenance and repair of the specified gas delivery and control system. One shall be provided in hard copy and one shall be delivered in digital copy. The manuals shall include, but not limited to: . Operations overview o Safety warnings o Start-up and shutdown procedures o Recovery from lockout status o Trouble shooting procedures o Maintenance III.6 DETAILED REQUIREMENTS & SPECIFICATIONS 30. Prior to delivery to the City of Vernon the manufacturer shall clean and detail the finished mobile facility. The exterior of the mobile facility shall be hot water, pressure washed to remove any dirt that might scratch the paint during delivery. All metal frling or blasting media should be thoroughly cleaned and removed from all interior and exterior sections of the Mobile Facility. 31. Construction processes and techniques shall be in accordance with the accepted standards of the industry. Component parts and units shall be manufactured to definite standard dimensions with proper fits, clearances, and uniformity. The general appearance of the Mobile Facility shall not show any evidence of poor workmanship. Parts, equipment, and assemblies, which have been repaired or modified to overcome any deficiency, shall not be furnished without the written approval of the Fire Chief. 32. In addition, any deviation from the requirements of this specification, unless previously approved by the Fire Chief, that affect finish, ht, function, durability, reliability, safety, performance or appearance shall be cause for rejection. Compliant: 33. The Bidder may use his own or any other facilities suitable for the pre-delivery and acceptance inspections unless disapproved by this agency. ill-7 DETAILED REQUIREMENTS & SPECIFICATIONS APPENDIX A Forms to be Submitted bv Bidder APPENDIX '(A" - Forms to be Completed by Bidder BIDDER'S CHECKLIST TO THE BIDDER: The following list is provided for the convenience of both you and the City and to help eliminate elrors and omissions which may render your bid unacceptable. Please check all appropriate boxes and submit with your bid. tI IDENTITYCONFIRMATION t] SUBCONTRACTOR LISTING/SIIORING DESIGN ir AFFIDAVIT OF NON-COLLUSION (SIGNED BY BIDDER) i] LTYING WAGE COMPLIANCE CERTIFICATION .] CERTIFICATE OF EQUAL OPPORTT'NITY PRACTICES t.i Equal Employment Opportunity Certification (Exhibit l2-8, Atlachment C) ! Public Contract Codes (Statements and Questionnaire) i Debarment and Suspension Certification (Exhibit 12-E, Attachment E) t.-l Non-lobbying Certification for Federal-Aid Contracts (Exhibit 12-E, Attachment F) t-i Disclosure of Lobbying Activities (Exhibit 12-E, Attachment G) :l Bidder's List of Subcontractors @BE and NON-DBE) (Exhibit 12-B) - Local Agency Bidder DBE Commitment-Construction Contract (Exhibit 15-G) tl DBE Information - Good Faith Efforts (Exhibit 15-H) t.l Data Universal Numbering System (D-U-N-S) Number BP-(a) BP-(b) BP-(c) BP-(d) FORMS AA-1,2,3 t-21 r-22 t-25 t-26 r-27 I-34 I-36 t-41 r-49 Bids are to be signed and submitted in TRIPLICATE. Bidder must submit bids in AN ORIGINAL AND TWO COPIES. AII bids shall be enclosed in sealed envelopes, distinctly marked 65Bid" with the title of the bid and the bidder's name and address appearing on the outside. Bids should be addressed to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Mail sufficiently early or deliver in person before the time and day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. APPENDIX "A" - Forms to be Completed by Bidder IDENTITY CONFIRMATION Contractor's Name Office Address If an individual, so state If a partnership, corporation or firm, so state, giving the names and addresses of individuals constituting the organization. If a corporation, give the following information: Name of President Name of Secretary Organized under the laws of the State of Name and address of local representative Ielephone: Fax: (Here attach a certificate in form to confirm 1) the identity of the bidder or officer who signs above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder). BP-(a) APPENDIX 6'A" - Forms to be Completed by Bidder SUBCONTRACTOR LISTING SUBCONTRACTOR LISTING Contractor Name(s) Address License No. Description of Work SHORING DESIGN If shoring is required as part of this project, then the Civil or Structural Engineer who design this shoring is to be listed below, even if said Engineer is employed by the Contractor. [f no shoring is required, write "NONE". Engineer Names (s) Address License No. Description of Work BP-(b) APPENDIX 66A" - Forms to be Completed by Bidder AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR STATE OF CALIFORNIA COT'NTY OF LOS A}IGELES ) )ss ) being first duly sworn deposes and says that he/she is of (Imert mme of bidder) who submits herewith to the City of Vernon a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attanpted to induce action prejudicial to the interest of the City of Vemon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fx the proposal price ofsaid bidder or ofanyone else, or to raise or fix any overhead, profit or cost elernent ofhis proposal price, or ofthat ofanyone else; d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any manber or agent thereof, or to any individual or group of individuals, excqrt the City of Vemon, or to any person or persons who have a partnership or other financial interest with said bidder in his business. I certif, under panalty of perjury that the above information is correct By: ([nsert "Sole Owner", "Partner". "President, "Secretary", or other proper title) Date: Title: BP-(c) APPENDIX "A" - Forms to be Completed by Bidder LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter2 Article XVIII. The Ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000: o Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($ I 1.55) per hour without medical benefits to all employees who spend any of their time providing labor or delivering services to the City of Vernon. Additionally, in July 1st of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July 1st, to remain in compliance. o Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under $ 32 of the Intemal Revenue Code of 1954, 26 U.S.C. $ 32, and making available to such employees forms required to secure advance EITC paynents. The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification, rate of pay and benefit rate. Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVI[. (Name)(Title) (Signature)(Date) Please retum this form with your bid/proposal. Questions conceming the Living Wage Ordinance should be directed to the Department of Finance - Purchasing Division 323.583.881 l. BP-(d) APPENDIX '6,4." - Forms to be Completed by Bidder CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing & Payables Division 1305 Santa Fe AvenueVernon, CA 90058 (323) s83-8811 Fax (323)826-t433 lnternet: Article I. Affrdavit of Equal Oppornrnity Employment & Non-segregation (Form AA- I ) Article II. Vendor List Questionnaire (Fonns AA-2 &3) ln order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional". By submitting this form you are declaring under penalty of pe{ury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certiffing that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your ltrm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company Address Business Telephone Fax number (optional) City.State zip Contact Person E-mail Address (optional) Tax ID Number (or Social Security Number) Remit Address (if different) Please state clearly and concisely the type(s) ofgoods and services your company provides: The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian Disabled Hispanic_ Native American_ Female AA-I FORM APPENDX ' A" - Foms to be Completed by Bidd€r Proiect Workforcc Udllzstion (Form AA-2 1 This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or morc. Instructions: Please indicate thejob titlevclassifications to be used in the performance ofthis contract should it be awarded to your firm. Please indicate the number of ernployees in each job classification as well as the numb€r ofnew hircs, if any, as a rezult ofthis contract. Name of Company:Project: Job Titles/Classifi cation Estimated number of ex in this classification sting staff to be employed f awarded the contract Estimated number of new hires to be employed in this classification if awarded the contract Are any current employees or potential new hires Vernon residents? If so, how many? AA-2 FORM APPENDIX "A" - Forms to be Completed by Bidder Current Permanent Workforce Utilization (Form AA-3) OPTIONAL Name of Company:Project: Completion ofthis form is OPflONAL. Any infomation supplied by vendo$ is for reporting purposes only and will not be factorEd into the award ofatry contract. Instrucdons: Please indicate the nufiber of ernployees in each Job Classificatio[ belonging to the followiry group6. White (not of Hispanic oriein) African-American (not of Hispanic oriein) Hispanic Asian/Pacific Islander Native American Armenian Male Female CLASSIFICATION Officials/ Managers Professionals Technicians Office/Clerical Skilled Craft Workers Operators (semi-skilled) Laborers Service Workers TOTAL AA-3 FORM APPENDIX B Sample Contract lDraft contract subject to further revisions based on incorporation of applicable Federal-Aid contract provisionsl LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND ICONTRACTOR'S NAME] COVER PAGE Contractor: [insert name of conlractor] Responsible Principal of Contractor: [insert name, title] Notice lnformation - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date], unless extended pursuant to Section 1 Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 8.3 September 20'13 LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND ICoNTRACTOR'S NAMEI THIS Contract is made between the CITY OF VERNON ("City"), a California charter City and California municipal corporation, and [Contractor's Name], a [State incorporated in] corporation ("Contractor'') The City and Contractor agree as follows: '1.0 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in Specifications for as more fully set forth in the Scope of Services, aftached hereto and incorporated herein as Exhibit "A" 2.0 All work shall be done in a manner satisfactory to the City's Director of Public Works, Water and Development Services ("Director''), or the Director's designee, in wriling, and shall be of highest quality with respect to ln the event Contractor fails to perform satisfactorily the City shall advise Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to satisfactorily perform. lf Contractor fails to so cure its performance within said 30 days, the City may, at its option, terminate this Contract for default without further liability, other than payment to Contractor for work performed satisfactorily prior to the date of termination. 3.0 Contractor shall commence work upon the signing of this contract and shall perform work requested in writing by Director. 4.O ln consideration of satisfactory and timely Performance of requested work, the City shall pay Contractor as follows: ln the first three years of this Contract, a grand total amount not to exceed Dottars (9000,000). 5.0 Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to the City, as provided in the specifications and Notice lnviting Bids. The cost of the bonds shall be paid by Contractor. 6.0 GENERAL TERMS AND CONDITIONS. 6.1 INDEPENDENTCONTRACTOR. 6.1.1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment September 2013 of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 6.1 .2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long{erm disability or workers' compensation insurance benefits. 6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 6.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer lapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Conlractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Conlraclor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 6.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to conect subsequently discovered defects, inaccuracy or incompleteness. 6.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any olher term, condition, default or breach, nor of a subsequent breach of the one waived. 6.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder wilhout the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignmenl shall release the original parties or otherwise constitute a novation. 6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 6.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. September 20'13 3 7.0 INTERPRETATION. 7.1 APPLICABLE LAW. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 7 .2 ENTIRE AGREEMENT. This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 7.3 WRITTEN AMENDMENT. This Contract may only be changed by written amendment signed by Contractor and the City Manager or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 7.4 SEVEMBILITY. lf any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 7.5 ORDER OF PRECEDENCE. ln case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otheruvise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Specifications shall control over the Contracto/s bid. 7 .6 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into in the City of Vernon and that all claims or controversies arising oul of or related to performance under this Contract shall be submifted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 7.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 7.9 AUTHORITY OF CONTMCTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 7.10 ARBITRATION OF OISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be seftled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having September 20'13 jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 7.11 INDEMNITY. 7.11.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 7.11.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 7 .12 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 7 .13 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 7.13.1 Automobile Liability with minimum limits of at least $ 100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. September 2013 7.13.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. A. lf Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage. C. Products/Completed Operalions coverage. 7.1 3.3 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1 ,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 7.13.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 7.13.5 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 7.'l 3.6 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate September 20'13 is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 7 .13.7 Failwe to maintain required insurance at all times shall constitute a default and material breach. ln such event, Contractor shall immediately notify City and cease all performance under this Conlract until further directed by the City. ln the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 7.14 NOTICES. Any notice or demand to be given by one party to the other shall be given in wriling and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. lf to the City: City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 With a Copy to: lf to the Conlraclor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 7.15 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days'written notice to Contractor. lf the Contract is thus terminated byCity for reasons other than Contractol's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the September 2013 effective date of termination. Such payment shall be Contracto/s exclusive remedy for termination without cause. 7.16 DEFAULT. ln the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice lo the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act Chapter 2 (Commencing with Section '16700) or part 2 of Division 7 of lhe Business and Professions Code, or any similar or successor provisions of Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 8.0 ADDITIONALASSURANCES 8.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this contract, the contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment praclices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". 8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Vernon Business License which may be required by the Vernon Municipal Code. 8.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. September 20'13 8 The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 8.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections '1810 through '1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1% times the basic rate of pay. 8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City conlracts. The Current Living Wage Standards are set forth in Exhibit "D". Upon request, certified payroll shall be provided to the City. [Signatures Begin on Next Page]. September 20'13 9 lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State and California municipal corporalion incorporated inl corporation W. Michael Mccormick, Mayor Name: ATTEST: Tifle: By: Name: Ana Barcia, Deputy City Clerk Ti,e: APPROVED AS TO FORM: Scott Porter, Deputy City Attomey 10 September 2013 By:By: EXHIBIT A SCOPE OF SERVICES 11 September 20'13 EXHIBIT B PROPOSAL 12 September 20'13 EXHIBIT C SCHEDULE OF WORK 13 September 2013 EXHIBIT D LIVING WAGE PROVISIONS Uldtr u_t!y! ng_l,veses : A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $1 1.55 per hour without health benefits. @-U@-9sM: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 14 September 2013 B. EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PMCTICES PROVISIONS Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not mainlain any segregated facilities. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. Contractor agrees to provide the City with access lo, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the exlent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. C. D. 15 September 2013 Drug-Free Workplace Act Requirements EXHIBIT C GERTIFICATION REGARDING DRUG.FREE WORKPLACE ACT REQUI REMENTS The Contnstor con fios lhat lt wlll provlda a drug+ec worftplec., ln eccordancc with Sbb lEur and State Emptoymenl Development Depailient (EDD) Directive No.'OgO7 by: 1' P_ubllshlng a lEEmont notifying cmployces that the unlawfirl rnanuhctrre, distdbuilcn. dispenring, possession or usc ol a ct ntrclled substan@ is prohlbibd h tic Contracto/! wodglacc end spocifying he aotlons ttrat wlll bc Elten ageliet cmployccs for vlolaUon of such prohlbltlon. 2. Establishing e drug-frcc awarenesE pfogrrm to lnfom empbyees aboul: r. Thc dangers of drug abusa h trc rrorkplacc;b. Thc Conhctor'c poUcy of mrlntsinlng a dnrglree workplace; 9. Any avalleble drug coumttlng, ruhablllbtlon end employac agrhtance programs; andd. The pcnalties that may be imporcd upon employecs f6r drug abuse violalons occurring ln the wortplace. 3- Makirrg it a requlrement that each employ€e to b€ engagad ln th€ perlorrnance ol lhlsprogrern bc Alvcn a oopy of ltrc statcmlnt required by paragriph l,abovc. 4. Notifying the ompbye€ ln the statement rEqulred by paragreph t ha! as a condlgon of employment underthie ptogrsm. the empbyBe wlll:e. Abide by the tsrms of thestaGmeni andb tlotily the-Contractor of any_ critninal drug sEtub conylcilons br a vlotation occurrlng in the workplacc no latrr than five daye aftei such convhtion. 5. l'{,otifylng the County wihin tcn days rftrr ncGlvlng notice unrhr subparagnph 4.b. Itom an employae orothenrisc racelving rctual noilce olsulh conviction. 6- Taking one of the following actlons, wlthln 30 deys of reelvlng nouce undEr subparagraph 4.b..wlth respect to any employee who b so conviited by taktng-appropriate persorrnet altibn againsl such an ernployee, up to and lncludirg tarnrinati6n. 7. Making 1.good talur efrrt b conlnue to maintain a drug-free wortplac€ through implernentaUon of the provieion of thB c rtlflcation. NAME AND TN SIGNATURE OF AUTHORIZED REPRESENffiVE INSTR,UCTIONS FOR CERTIFICATION 1. By 6(rning and Bukni[ing thls dosJment, the prospecltve recipt€nt of F6derel essislrnca ls proylding tha codifica$on as ret oul b€lo$,. 2. Tho coatificetion in this clEuse is a materbl cpr€sentation of hct upon ntlch rElienca ms plBced wtlrn lhls tr rilactlon was eotcrEd into. ll tit is tst€r delemined ttlat he pro8pectlve redpbnt of Fsd€ral e€lirttnce fundE knovylngly rCndcEd en anonCous oertificatlon, in eddltion lo olher r€modicB avElablo i/o ttlc Fgderal GovErnm.nt, lh. departmenl ot agoncy wlth wlrich thi6 tranlactlon originat d may purluc avsilable Emedieg, includlrE BuspsnSbn and/or debarmar{. 3. Th. prospacd\r€ reciphnt of FGdrral a$lCanc6 fund8 shell provire lmmedist6 wrilbn notics to ths p€r6on to wlric.fl this agreemont lB entcrrd, lf al any tlmc Ihr p.osp€cfl\,e recipicnl of Fodaral Er6iEtanca funds leam8 that itB cadifioEtion u,.s arron@us, nllen Eubmited o, har become gnoneoG by ,laBon of changad circum8l,rnoos. 4, The torms 'covsrcd lrBrB.dion,' '.l6b.rcd," 'suepeftbd.' 'in€ligibb," 'lorv€r tier covgrad traosodion,' 'partdp t,' 'pcllon,' ' primery covgrad trEnsaclion,, ,principEl,' 'proposal,' and loluntgrlly oxcluded,' rB uEed in thb cl.usc, hava thc mernlnge det out ln the DBfinilionr and Covorqge s€clions o( ru|€s implcmanting Erecullve Od!( 125.19. 5. The prospedi're rgcipiqnt of Fedaral sssblancs funds egrccs by Eubmi lrE this proposal thal, should lhg proposed oov€rBd transadlon be enlered inlo, it ehall not knor/angly tntar lnto 6ny loul.r li€r covered t anBsctlon wlh a pGrson whg i! debaEed, su5pended, declaBd inollglbla, tr uoluntartly oxcludsd frorfl p8rticlp. on on this co/crud tr.nsacflon, unl$8 aulho.lzed by ttle dlperlm€nl or eEsncy w,th which this transadbn originated. 5 The prorpective r€cipient of Fcdeat assiltance funds furuEr.grDg! by submillhg hb proposal lh.t il will lndud. ths cleuse llted 'Ccdification Rogarding Drb.mcnt, Suspension, ln€liglbilily and Voluntary Exclulion Lowlr Tisr Cov.fud Tr.maclion!,' wilhoul modific.tion, in ell lower tior coyerEd tansactlone and h Ell lolloltationt for loiyer tbr covsrd tansecllonE. 7, A padicrlp.nt in a covgGd tr$sactlon may rEly upon e cerlilication of E prBpectiva pa(lclpani ln e lowEr ticr oouElld transaction, unlers lt kno{r! het thc cdlification b €rroneoua. A particlpairt may declda lhe melhod and frEquancy by which lt d.tcrmiEa .lo, ctpct thc Llsl g. Nothlng cor(alncd in lhc toEgolng Bh.[ b3 cmstruBd to rsquire aslablilhmenl ol a 6y!t€m of r€cords ln dd€r to render ln good hith lh€ c€dlfioeflon nqulEd by lhk claug!. The knovvbdgp and infomstim ot I pertictpant b not trqulrerl lo excacd tnat whicfr is normllly posrc$Bd by a prudcnt p€rton ln lh€ ordinary coutB. of bu3in€is deslings. 9. EJGept for tran$ctbns authorized under ParEr?h 5 of tfiose insfuctions, il I padldpant ln e co\r€rad trrnsactbn knowlngl, snter8 lnto a lon/er ll.r covored transadion wlth . person u,ho 18 eusp€nded, debarrcd, inetiglue, fi vol[rlsy srclu(bd fotrlt parlicipation ln thl! lBnarction, ln .dditlon to other remedl* avEflsbte to tha Fadarsl Govemmenl, lh6 d.peimlnt or sgency wlth wlrlch this trenllctbn origlnatcd may pUrlUB evaibble Em€dies. lnduding suspeGion srd/or dcbsnnort. Standard Insurance Requirements 0f@ STANDARD INSURANCE REQUIREMENTS Please refer to the insurance requirements listed below. We suggest that you provide your insurance broker/agent with a copy of these requirements and request that they provide Certificates of lnsurance complete with copies of all the required endorsements. 1. Certificate of lnsurance for Automobile Liability with coverage as indicated: o $100,000/$30O,OOO/$50,000 if written on a personal automobile liability form, for using a personal vehicle; or o $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form, 2. Certificate of lnsurance for Workers Compensation with coverage as indicated: . $1,000,000 per accident; oro Provide a "waive/'form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of Contract; or o Provide a copy of permissive self-insurance certificate approved by the State of California 3. Certificate of lnsurance for General Liability with coverage as indicated: o Minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occunence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. 4. Additional lnsured Endorsement:. Endorsement must include reference to the General Liability Policy Numoer and the tnsured as they appear on the Certificate. Blanket endorsements are also acceptable.o The City of Vernon, its director, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance. 5. Gancellation Language The Certificate of lnsurance MUST provide 30 days notice of cancellation, except 10 days notice for non-payment of premium. Please include the following either under the description on the certificate or an additional remarks document: "Eoch insurance policy included in this clouse shall be endorsed to state that coveroge sholl not be concelled except ofter (30) doys' prior written notice to City." lE4c fusiv e b I n[ustria f *t employing other controctors os port of the services rendered, Contrcctot's Protective Coveroge is required. All subcontroctors moy be included os insured under Contrcctots own policy or the Controctor shall furnish proof of seporute insuronce for eoch subcontractot, meeting the requirements set forth herein. CERTIFICATE HOLDER MUST BE LISTED ON CERTIFICATE AS: City of Vernon Risk Management 4305 Santa Fe Avenue Vernon, CA 90058 lE4c tusiv e [1 I n[ustria I FEDERAL MINIMUM WAGE RATES The Federal Minimum Wage Rates in effect l0 days prior to bid opening shall be the applicable wages throughout the term of the project. For up to date, current rates, please see the website, http://www.gpo.gov/davisbacon/ca.html OUALITY ASSURANCE PROGRAM (OAP) 4305 Santa Fe Avenue . Vernon CA 90058 . (323) 583-881 I . FAX (323) 826-1435 QUALITY ASSURANCE PROGRAM (QAP) City of Vernon The purpose of this program is to provide assurance that the materials incorporated into the constructron proJects are m conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used: DEFINITION OF TERMS . Acceptance Testing (AT) - Sampling and testing, or inspection, to determine the degree of compliance with contract requirements.. Independent Assurance Prosram (IAP) - Verification that AT is being performed correctly by qualified testers and laboratories.. Quality Assurance Proeram (QAP) - A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP.. Source Inspection - AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location. MATERHLS LABORATORY The City of Vernon will use their own materials laboratory or a private consultant materials laboratory to perform AT on Federal-aid and other designated projects. The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall certifu the results of all tests performed by laboratory personnel under the Engineer's supervision. The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of this QAP. The materials laboratory used shall provide documentation that the laboratory complies with the following procedures: I . Correlation Testing Program - The materials laboratory shall be a participant in one or more of the following testing programs: a. AASHTO Materials Reference Laboratory (AMRL) b. Caltrans' Reference Samples Program (RSP) 2. Certification of Personnel - The materials laboratory shall employ personnel who are certified by one or more of the following: a. Caltrans District Materials Engineer b. Nationally recognized non-Caltrans organizations such as the National Institute of Certification of Engineering Technologies, etc. c. Other recognized orgarizations approved by the State of California and/or Recognized by local governments or private associations. 3. Laboratory and Testing Equipment - The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affrxed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP. ACCEPTANCE TESTING (AT) AT will be performed by a materials laboratory certified to perform the required tests. The tests results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications. Testing methods will be in accordance with the CT Methods or a national recognized standard (i.e., AASHTO, ASTM, etc.) as specified in the contract specifications. Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Attachment #l (Appendix D, "Acceptance Sampling and Testing Frequencies" of the QAP Manual). INDEPENDENT ASSURANCE PROGRAM (IAP) IAP shall be provided by personnel from Caltrans, the City of Vernon's certified materials laboratory, or consultant's certified materials laboratory. IAP will be used to verifo that sampling and testing procedures are being performed properly and that all testing equipment is in good condition and properly calibrated. IAP personnel shall be certified in all required testing procedures, as part of IAP, and shall not be involved in an aspect of AT. IAP shall be performed on every type of materials test required for the project. All other types of IAP shall be witness tests. Poor correlation between acceptance tester's results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases ofunresolved discrepancies, a complete review ofAT shall be performed by IAP personnel, or an independent materials laboratory chosen by the City of Vernon. IAP samples and tests are not to be used for determining compliance with contract requirements. Compliance with contract requirements is determined only by AT. TESTING OF MAIIUFACTT,RED MATERIALS During the Design phase of the project, the Project Engineer may submit a "Source Inspection Request" see Attachment#2 (Exhibit l6-V of the LAPM) to the City of Vernon, consultant, or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory. A list of materials that can be typically accepted on the basis of certificates of compliance during construction is found in Attachment #3 (Appendix F of the QAP Manual). All certificates of compliance shall conform to the requirements of the contract specifications, for examples see Attachment #4 (Appendix J of the QAP Manual). Should the City of Vernon request Caltrans to conduct the source inspection, and the request is accepted, all sampling, testing, and acceptance of manufactured and prefabricated materials will be performed by Caltrans' Office of Materials Engineering and Testing Services. For Federal-aid projects offthe National Highway System (NHS), Caltrans may be able to assist in certifoing the materials laboratory, and the acceptance samplers and testers. PROJf,CT CERTIFICATION Upon completion of a Federal-aid project, a "Materials Certificate" shall be completed by the Resident Engineer. The City of Vernon shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the "Materials Certificate" shall also be included in the City of Vemon's construction records. The Resident Engineer in charge of the construction function for the City of Vernon shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the "Materials Certification", including changes by virtue of contract change orders. See Attachment # 5 for an example (Appendix K of the QAP Manual). RECORDS All material records of samples and tests, material releases and certificates of compliance for the construction project shall be incorporated into the Resident Engineer's project file. Ifa Federal-aid project: ' The files shall be organized as described in Section 16.8 "Project Files" ofthe Local Assistance Procedures Manual. It is recommended that the complete project frle be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. The project files shall be available for at least three years following the date offinal project voucher. The use of a "Log Summary," as shown in Appendix H of the QAP Manual, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Resident Engineer in tracking the frequency of testmg. o o APPROVED BY: NAME: (Signature) Samuel Kevin Wilson. P.E. #38948 03-31-2013 (CE# and Expiration Date) DATE: TITLE: Director of Public Works. Water & Development (City of Vernon) DATE: TO: FROM: RE: RECEIVED FEB 0 I 20t5 CITY ADMINI RATION STAFF REPORT HUMAN RESOURCES DEPARTMENT February 17,2015 Honorable Mayor and City Council Teresa McAllister, Director of Human Resources-lN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING HE CITY TO OBTAIN STATE AND FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES. Recommendation It is recommended that the City Council: 1. Find that approval of the resolution proposed in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2. Adopt the attached resolution authorizing the City of Vernon to obtain State and Federal Summary Criminal History information for employment, licensing, or certification purposes. Background California Penal Code Sections 11105(bxll) and 13300(bX11) allow cities to access criminal history information from the State Department of Justice and the Federal Bureau of Investigations for the purpose of fulfilling employment, certification, or licensing duties, when access is specifically authorized by City Council. Penal Code Sections 11105(bX11) and 13300(bxll) require the City Council to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes. As such, City staff recommends City Council adopt the attached resolution authorizing the Human Resources Department and Police Department to obtain State and Federal summary criminal background information from the Department of Justice and the Federal Bureau of Investigation for employment purposes. Analvsis Staff recommends the City Council adopt the resolution authorizing the City of Vernon to obtain State and Federal Summary Criminal History information for authorized employment, licensing, or certification purposes. Should the City Council approve the attached resolution, staff will prepare a Criminal Background and Live Scan Policy and Procedure and bring forward for City Council consideration at a subsequent City Council meeting. Any such policy and procedure will also comply with Labor Code Section 432.9, which prohibits a state or local agency from requesting disclosure of an applicant's conviction history prior to determination that the applicant meets minimum employment qualifications, except where the agency is otherwise required by law to conduct a criminal background check. Budset Impact: The Vernon Police Department is operationally prepared to provide fingerprint background checks of potential employees. The cost of $42.00 per fingerprint application can be absorbed in the Human Resources Department line item budget 011.1026.597000 - Pre-employment physicals and Exams. RESOIJUTION NO. A RESOLUTION OF THE CfTY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CTTY TO OBTAIN STATE AND FEDERAL SUMMARY CRIMTNAI HISTORY INFORMATION FOR EMPLOYMENT, LICENSTNG OR CERTIFICATION PURPOSES WHEREAS. Penal Code Sectsions 11105(b) (11) and 13300(b) (11) authorize cilies, counties, districts and joint powers authorities t,o access stsaEe and local summary criminal hist.ory informaEion for emplolment, licensing or cerEification purposes; and WHEREAS, Penal Code Section 11105(b) (11) aut.horizes cities, counties, districts and joint. powers authorities to access federal l-eveL criminal history j-nformation by transmitt.ing fingerprint images and related informaE.ion to the Department of ,Justice to be transmitt.ed to the Federal Bureau of fnvestigation; and WHEREAS, Penal Code Sections 11105 (b) (11) and l-3300 (b) (11) require that there be a requirement. or exclusion from employment, licensing, or certification based on specific criminaf conduct. on t.he part of the subjec! of the record; and WHEREAS, Penal- Code Sections 11105(b) (11) and 13300(b) (11) reguire tshe City Council, board of supervisors, governing body of a city, county or district or joint powers auEhorit.y t.o specifically authorize access to summary criminal history information for emplo)ment, licensing, or certification purposesi and WHEREAS, by memorandum, dated February L7, 20!5, L]ne Director of Human Resources has recommended thaE the City Council authorize t.he Human Resources Department and the police Department Eo obtain State and Federal summary criminal background information from the Department of ,Justice and the FederaL Bureau of Investigation for emplo)ment purposes; and WHEREAS, the City Council desires tso auEhorize t.he Human Resources Department and the Police Department to obtain State and Federal summary criminal background information from the Department, of .fustj-ce and t.he Federal Bureau of Investigation for employment purposes . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Counci] of the City of Vernon hereby finds and determines Uhat the above recitsals are tsrue and correct. SECTION 2: The CiEy Council of the CiEy of Vernon finds t.hat this accion is exempt under the California Environment.al Quality AcE (CEQA) , in accordance with Section 15051(b) (3), Ehe general rule that CEQA only applies to projecEs thaE may have an effect on the environment.. SECTION 3: The City Council of the Citsy of Vernon hereby authorizes the Human Resources Department and the Police Department to obtain Stsatse and Federaf summary criminaf background informat.ion from the Department. of ,fustice and the Federal Bureau of lnvestigation for empl-o)ment. purposes. SECTION 4: The City C1erk, ot Deputy City C1erk, of the City of Vernon sha11 certify to the passage, approval and adoption of this resolution, and the City C1erk, or Deputy City C1erk, of the Clty of Vernon shal-l- cause this resolution and the City Clerk's, or Deputy City Clerk's, certj-fication to be entered in the File of Resolutions of the Council of this City. APPROVED AI\TD ADOPTED this 17th day of February , 201-5. Name: Title: Mayor / lttayor Pro-Tem ATTEST: City Clerk / oeputy City Clerk APPROVED AS TO FORM: ssa, Deputy City Attorney 3 STATE OF CALIFORNTA ) ) ss COUNTY OF LOS ANGELES ) I,, CiEy Clerk / Deputy CiEy Clerk of t.he City of Vernon, do hereby cerEify that Ehe foregoing Resolutsion, being Resol-ution No. _, was dul-y passed, approved and adopEed by the CiEy Council- of the Cit,y of Vernon ats a regular meeting of the City Councif duly held on Tuesday, February l-7, 2015, and thereafter was dul-y signed by Ehe Mayor or Mayor Pro-Tem of t.he City of Vernon. Executed this day of February, 201-5, at Vernon, Calif ornia. City Clerk / Deputy City Clerk (SEAL) 4 RECEIVED JAN 2 I 20ts REGEIVED FEB 10 2015 CITY ADMINISTRATION CITY CLERKS OIFICE VERNON POLICE DEPARTMENT STAFF REPORT DATE: TO: FROM: RE: February 17,2015 Honorable Mayor and Gity Gouncil Danie! Calleros, Police Chief c{) Approva! of an lnteragency Memorandum of Agreement for Mental Evaluation Unit Partnership between the Los Angeles County and the Cities in the Southeast Region Recommendation It is recommended that the City Council: 1. Find that the approval of the proposed lnteragency Memorandum of Agreement ('MOA") is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on the environment. 2. Approve the MOA with the Los Angeles Department of Mental Health ("DMH"), in substantially the same form as submitted herewith, and authorize the Mayor to execute the MOA on behalf of the City, for the purpose of forming a mental health evaluation unit in the Southeast region that will assist law enforcement agencies with providing mental health-related clinical services to members of the public during field situations. Background For the past few years there has been an increase in incidents involving mental health in the Southeast region. To address these issues, the respective Southeast region Police Departments of Bell Gardens, Bell, Vernon, Downey, Huntington Park, South Gate, and Signal Hill in cooperation of DMH have collectively established a joint response operation wherein the DMH will provide mental health-related clinical services to members of the public during police related field incidents. The "co-response" mental health evaluation teams will be known as the Southeast Region Mental Health Evaluation Teams ("SRMET'). The SRMET units will be deployed when necessary by the respective police agencies during special operations or calls for service pertaining to members of the public suffering from mental health issues. During such deployments the DMH will provide at least two mental health clinicians that will advise and assist responding police officers in handling these types of incidents. ln addition, DMH staff will provide supplementary analysis and reports for on-going cases whether short or long term. The purpose of this MOA is to establish operational protocols and set forth terms and conditions to ensure the functionality of the SRMET in the jurisdictions served by the individual police departments. Under the MOA, each of the individual police departments and the DMH will remain responsible for the supervisions and control of its own employees and officers. Fiscal lmpact There is no fiscal impact to the City to enter into an MOA with the DMH. Enclosures EVA.I/UATION UNIT PARTNERSIIIP BETWEEN LOS .NGELES COUNTY HTINTINGTON PARK. SOUTH GATE. AND SIGNAL IIILL. OR I CI NAL This Interagency Memorandum of Agreement for Mental Evaluation Unit Partnership ("MOA" or "Agreernent') is made and entered into this lst day of February 2015, by and between Los Angeles County, through its Department of Mental Health ("DMH"), and the cities of Bell Gardens, Bell, vernon, Downey, I{untington parh South Gate, and Signal Hitl for the purpose of forming mental health evaluation units to be named the Souflreast Region Mental Evaluation Teams ("SRMET"). The respective police departments of Bell Gardens, Bell, Vernon, Downey, Huntington Park, South Gate, and Signal Hill are collectively referred to hereinafter as the "Police Departments," and are referred to hereinafter individually as a "Police Department". The DMII and each of the Police Departments shatl be collectively referred to hereinafter as the 'oParties," and referred to individually as a "Party'. RECITALS WHEREAS, the DMH and each of the Police Departments desire to cooperate together in establishing a joint operation wherein DMH and Police Department provide personnel to staff "co-response" Mental Evaluation Teams known as SRMET; and WHEREAS, by entering into this MOA, each of the Parties desire to: i) provide resources to staff at least two (2) SRMET units to be deployed for Police Department business involving calls pertaining to members of the public in the various Police Department jurisdictions suffering from mental health-related issues; ii) during such deployments, advise and assist responding officers on mental health-related issues; iii) provide strpplementary analysis and reports for on-going cases and investigations involving mental health-related issues; and iv) allow DMH personnel to provide mental health-related clinical services to Police Department contacts; and WHEREAS, it is the intent of the Police Departments and the DMH in entering into this MOA that'each of the Police Departments and the DMH shall remain responsible for the supelvision and control of its own employees and officers; and WHEREAS, the Police Departments and the DMH recognize that cooperation among them will increase public safety, peace, and security benefits for the Police Departments and the public; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: 83637 -l- AGREEMENT 1.0 TERM. 1.01 Term. This Agreement shall be effective commencing on Febnrary 1,20L5 ("Efflective Date") and shall terminate two years thereafter ("Term') on February 28, 2017 ("Expiration Date") unless extended by written agreement by the Parties. 1.02 Termination. Notwithstanding Section 1.01 above, any of the Police Departments rnay terminate this Agreement as to that Police Deparlment upon providing thirty (30) days' notice, in writing, by the Chief of Police of the terminatlng Police Department to the Chiefs of the non-terminating Police Departments and the Director of the DMH. Additionally, the DMH may terminate thiJ Agreement upon providing thirty (30) days' notice, in writing, to the Chiefs of the Police Departments. The indemnity and insurance obligations set folth below in Sections 5.0 et seq. and,6.0 et seq', respectively, of this Agreement shall suvive termilation of this Agreement. 2.0 scoPp or AGREEMENT. 2.01 Establishment of . the Southeast Reeional Mental Evaluafion Team and Procedures. This Agreement establishes the SRMET, as well as its operational protocols, and sets forth terms and conditions to ensure the functionality of the SRMET in the jurisdictions served by the Police Deparhnents. 2,02 Scope of Services. In compliance with all terms and conditions of this Agreement, each Police Department, through its Chief of Police and sworn Peace officers, shall provide law enforcement personnel ("Police Department SRMET Personnel") to partner with at least two mental health clinicians employed by the DMH ('DMH SRMET Personnel") who will be assigned to the Police Departments in order to provide the services and/or resources to fulfill the mission of the SRMET. Police Department SRMET Personnel and DMH SRMET Personnel shall be collectively referred to in this Agreement as SRMET Personnel. such services, and./or resollrces, shail be provided, without charge, as set forth in the o'Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference. In the event that there is a conflict between the provisions of "Exhibit A" and any other provisions of this Agreement, the provisions of this Agreement shall prevail. Each of the Parties hereby represents and warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional andsatisfactory manner, 2.03 Labor & Equinment. For the purpose of perforrning police services pursuant to this Agreement, the DMH and each Police Department shall, at its sole cost and expense, furnish and supply all labor, supervision, equipment, communication services, supplies and other resources necessary to maintain the level of services to be rendered hereunder, Absent a separate wriffen agreement by and between DMH and the Police Departments expressly to the contrary, each Party hereby agrees to be responsible for the salary, overtime and benef,rts of its respective officers, agents and -2- 83637 employees, regardless of whether another Party has requested and utilized said offrcers, agents and employees. 2.04 Worker's Comnensatign and Other Benefits. Each of the Pafiies shall be responsible for the worker's compensation coverage and benefits for its own employees participating in this Agreement. In the event that a member of any of the Parties is injured in the course and scope ofany requested assistance, all ofthe Parties each expressly agree to be responsible for any resulting worker's compensation claims filed by their own respective employees. All Parties agree to indemnify and hold harmless each other Parly for any worker's compensation claims filed by their respective employees and further agree that no Party shall seek defense or indemnification for any worker's compensation claim arising out of the course and scope of any assistance requested or provided by a Party pursuant to this Agreement. To the maximum extent permitted by law, the Parties agree that the other shall not be considered "third parties" for purposes of imposing workers' compensation liability on any party except the entity employing an employee who may be injured during any action of the Parties or their designated employees. 3.0 SUPERVISION & OPERATIONAL CONTROL. 3.01 Surrervision; Generallv. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, the control of persorrnel so employed, and other matters incident to the performance of police services pursuant to this Agreement shall remain with each of the Police Departments as to its respective officers, employees or agents. Additionally, with respect to DMH employees or agents, management of and supervision over the mental health services provided, the standards of performance, discipline of employees, the control of personnel so employed, and other matters incident to the performance of mentat health services pursuaut to this Agreement shall remain with the DMH. Unless specifically set forth herein, each of the Parties and its officers, employees or agents shall only have control over the manner, mode or means by which its own officers, employees, or agents perform the services contracted for herein. The Parties shall have no authority over the supervision or control of the other Parties' officers, employees or agents or any of the personal properly owned by the Parties, including but not limited to canine units, vehicles or weapons in the possession or use of the Police Department that provides the same. 3.02 Joint Operations, Notwithstanding Seciion 3.01, in the even that SRMET personnel respond to a request for services from.another jurisdiction, the SRMET personnel shall; be in charge of all mental health related'police services in connection with the response. In the event the requesting agency disagrees with the SRMETR personnel related to such services, the requesting agency may rehact the request for SRMET assistance and handle the remainder of the response without the SRMET personnel assistance. 83637 -J- 4.0 COMPLIANCII WITIr ALIi LAWS 4.01 Comnliance With Nlunicipal. State & Fetleral L?.!y. At its sole cost and experse, the DMH and each Police Department, its officers, employees, and agents, including canine units, shall comply with all of the requirements of all municipal, state and federal laws, regulations and authorities now in force, or which may hereafter be in force pertaining to the services contracted for in the Agreement and any activities associated therewith, Specifrcally, all police services, resources and assistance rendered pursuant to this Agreement shall be provided in accordance with all applicable ordinances, resolutions, statutes, rul es and re gulations. s.0 crvlli LIABILITY & rND_EMNIFICATION. 5.01 Civil Liabilitv. No Parfy, nor any offioer, employee, or agent, of a Party, shall be responsible for any damage or liability occuning by reason of any acts or omissions on the part of any other Party, or any officer or employee of any other Parry, under or in connection with the performance of this Agreement. In contemplation of the provisions of Government Code $ 895.2, which imposes certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as .defined by Govemment Code $ 895), each of the Parties hereto, ptusuant to the authorization contained in Government Code $$ 895,4 and 895.6, agree that eaoh Party shall be liable for any damages including, but not limited to, the claims, fees and costs resulting fi'om the negligence, gross negligence, intentional acts, civil right violations (including but not limited to those arising under 42 USC $ 1983), criminal acts and/or other willful or wrongful misconduct ("Claims or Liabilities") attributable to or committed by its respective officers, employees or agents in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Govemment Cocle $ 895.2. To achieve the above-stated purpose, each of the Parties shall indemnifr and hold harmless the other Parties for any liability, cost, or expense that may be imposed upon such other Party solely by. virtue of said Section 895.2. Additionally, no Party shall seek indemnity for the Claims or Liabilities attributable to or committed by its respective officers, including reasonable attorneys' fees, from the other Parties. 5.02 Indemnification. Each Party hereby agrees that it shall defend, indemnify and hold harmless the other Parties and their officers, employees and agents, from any anct all Claims or Liabilities that may be asserted or claimed by any persons, firm, or entity arising out of or in connection with any act or omission of that Party, its officers, employees, agents, subcontractors, and independent contractors, for property damage, bodily injury or death, or ?hy other element of damage of any kind or natute, occurring in the performance of this Agreement to the extent that such liability is imposed on the other Parties in any legal action or claim based irpon such alleged negligent, willful and/or intentional acts or omissions, and/or alleged civil rights violations, by another Party andior its officers, agents and employees. In the event that such defense and indemnification are provided pursuant to this Agreement, the Party and its officers, employees and agents receiving such defense and indemnification agree that cooperation with the defense of the involved litigation shall be -4- 83637 provided and subject to the terms of Govemment Code $$ 825 and 995, et seq. It is the intention of all Parties that principles of comparative fault, including that provided for by Government Code $ 895.6, shall be followed and that each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officers, employees or agents. 5.03 Choice of Counsel. Should legal claims or other issues requiring the attention of counsel arise from the joint performance of this Agreement by the Parties, each Party shall have the choice of counsel to defend any and all claims against itself, without any right to reimbursement or contribution from the other Parties, except as otherwise provided herein. With respect to strict liability claims, each of the Parties shall have the right to select iG own attorney; however, the total legal fees and costs incurred for the attorneys for all Parties named in a lawsuit shall be divided equally and shared eclually among the Parties. 6.0 INSURANCE. 6.01 Each of the Parties carries, and acknowledges the other Parties carry, suflicient insurance or is sufficiently self-insured to protect itself and each other from liability to third parties that may arise from the performance of this Agreement, including General Commercial Liability Insurance, Workers' Compensation Insurance, and Business Automobile Insurance. 7.0 ENFORCEMENTOT'AGREEMENT. 7.01 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of Califomia. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the appropriate court of the County of Los Angeles, State of Califo'mia. 7,02 Attornevs' Fees. If any Party to this Agreement is required to initiate or defend 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 may be granted, whether legal or equitable, shall be entitled to receive reasonable attotneys' fees and costs from the other party. Attomeys' fees shall inslude attomeys' fees on appeal, reasonable costs for investigating such action, taking depositions and discovery and all other nccessary costs the court allovzs which are incurred in such litigation. A1[ such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 GENERAL PROYISIONS 8.01 Prohibition Asainst Assignment. This Agreement is not assignable in whole or in part without consent of all parties as memoriabzed and signed 83637 -5- .t ii by each Party. Any such prohibited transfer or assignment shall pe void. 8.02 Notice. Any notice, demand, request, document, consent, approval, communication, or other such item to be given, delivered, fumished or received hereunder shail be deemed given, delivered, furnished, and received when given in writing and personally delivered to an authorized agent of the applicable party, or upon delivery by the United States Postal Service, first-class registerecl or certified mai[, postage prepaid, retum receipt requested, or by a national "ovemight courier" such as Federal Express, at the time of delivery shown upon such receipt; in either case, delivered to the address, addtesses and persons as each Party may from time to tirne by written notice designate to the other and who initialiy are: Los Angeles CountyDMH: LOS ANGELES COUNTY DEPT. OF MENTAL HEALTH Attention: Dr. Marvin J. Southard, Director 550 S. Vermont Ave. Los Angeles, CA 90020 Bell Gardens:CITY OF BELL GARDENS POLICE DEPT. Attention: Chief Robert E. Barnes 7100 Garfield Avenue Beli Gardens, CA 90201 Bell: CITY OF BELL POLICE DEPT. Attention: Chief Edward Dadisho 6330 Pine Avenue Be1l, CA 90201 A copy to: ALESHIRE & WYNDER, LLP Attention: City Attorney, Dave Aleshire 18881 Von Karman, Ave, Ste. 1700 Irvine, California 92612 Vemon:CITY OF VERNON POLICE DEPT. Attention: Chief Daniel Calleros 4305 S. Santa Fe Avenue Vernon, CA 90058 83637 -6- Downey:crTY oF DOWNEy POLICE DEPT. Attention: Chief Carl Charles 1091 1 Brookshire Avenue Downey, CA 90241 CITY OF HUNTINGTON PARK POLICE DEPT. Attention: Chief Jorge Cisneros 6542Mile Avenue Huntington Park, CA 90255 CITY OF SOUTH GATE POLICE DEPT. Attention: Chief Randy Davis 8620 California Avenue South Gate, CA 90280 CITY OF SIGNAL HILL POLICE DEPT. Affention: Chief Michael Langston 2745 Walnut Ave. Signal Hill, California 90755 ALESHIRE & WYNDER, LLP Attention: City Attorney, Dave Aleshire 18881 Von Karman, Ave, Ste. 1700 Irvine, Califomia 92612 Huntington Park: South Gate: Signal Hill: A copy to: 8.03 Nondiscrimination and Nonsegregation Clause. Each Party hereby covenants by and for itself, its heirs, executors, adminishators and assigns, and all persons claiming under or through it, that this Agreement is made and accepted upon and subject to the following conditions: That there shall be no disorimination against or segregation of zmy person or group of persons on account of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the performance of this Agreement, nor shall any Party, or any person claiming under or through Ll establish or permit any such practice or practices of discrimination or segregation in the performance of this Agreement. Each Party shall take aff,rrmative action to insure applicants are employed and employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 8.04 No Joint YentuIe. Partnership or Joint Powers Authority. Norrarithstanding any other express or implied provision of this Agreement, this Agreement shall not create a joint venture, partnership, joint powers authority or any 83637 7 I other relationship of association between the Parties. 8.05 No Grant of Asency. No Party to this Agreement shall have the authority, express or implied, to act on the behalf of any other Party in any capacity or to bind any other Party to any obligation whatsoever, as an agent. 8.06 Intesration Clause. This Agreement constitutes the entire understanding between the Parties as to the specific subject matter hereof, and supersedes any prior understanding and/or written or oral agreements between them respecting the within subject matter. It is understood that there are no representations, agreements, arrangements or understandings, oral or written, between the Parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. This Agreement includes all attachments attached hereto, which by this reference are incorporated herein, and also includes any other documents incorporated herein by reference as though fully set forth herein. Said documents shall be interpreted insofar as possible to prevent any inconsistency and to effecfuate the terms thereof, without one prevailing over the other, except that in the event of a conflict between the provisions of "Exhibit A" and any other provisions of this Agreement, the provisions of this Agreement shall prevail, 8.07 Severabilitv. Should any covenant, term, condition, or provision of this Agreement be deerned invalid or unenforceable, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement, and all remaining valid portions of the Agreement shall remain in effect bet',veen the Parties. 8.08 Knowinq and Voluntarv. This Agreement is an important legal document and in all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties specifically represent that, prior to the signing of this Agreement, they have been provided a reasonable period of time within which to consider whether to accept this Agreement. The Parties further represent that they have each carefully read and understand all of the provisions of this Agreement, and that they are voluntarily, knowingly and without coercion entering into this Agreement based on their own judgment. The Parties flrther represent that prior to the signing of this Agreement, they have conferred with their counsel to the extent desired concerning the legal effect of this Agreement and consent to be bound by the same. 8.09 Modifications, Any alteration, change or modiflcation to this Agreement must be made by written instrument execrrted by each Party hereto in order to become effective. 8.010 No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any person or entity any rights, remedies, obligations, or liabilities under or by reason of this Agreement. 8.011 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used, and any uncertainty or 83637 -8- ambiguity existing herein shall not be interpreted against any, Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply, but otherwise shall be interpreted according to the application of the rules on interpretation of contracts. 8.012 Execution. (a) 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. (b) The persons executing this Agreement on behalf of each Party represents and wanants that: (i) they are duly authorized to execute and deliver this Agreement on behalf of said party; (ii) by so executing this Agreement, said party is formally bound to the provisions of this Agreement; and (iii) the entering into this Agreement by said party does not violate any provision of any other Agreement to which that party is bound or any applicable law. In the event that any representative executing this Agreement on behalf of any participating Party should no longer serve in an authorized capacity for that Party, it is the intent of all Parties that this Agreement shall continue to remain binding on all Parties unless and until any Party expressly withdraws from this Agreement, in writing. It is the further intention of all Parties that the withdrawal of any Police Department from the terms of this Agreement shall not affect the rights and obligations of the remaining Parties. (c) In order to be effective, this Agreement must be: (i) approved and ratified by the City Council of each Police Departrnent; provided, however, that such ratification shall not have the intent or effect of forming a separate legal entity or joint powers authority; and (ii) signed by the Mayor and City Attorney of the respective cities within which each Police Department is located, except where City Council has authorized the City Manager or the Chief of Police to execute the Agreement. (d) Additionally, this Agreement must be: (i) approved and ratified by the Director of the Los Angeles County Department of Mental Health pursuant to the authority delegated to the Director of the Department of Mental Health by the Los Angeles County Board of Supervisors; provided, however, that such ratification shall not have the intent or effect of forming a separate legal entity or joint powers authority; and (ii) signed by the Director of the Los Angeles County Departrnent of Mental Health and County Counsel for the County of Los Angeles. IN WfINESS WHEREOF, the Parties have executed and entered into this Agreement, consisting of a total of 15 pages (including signatures and Exhibit "A"), as of the date fust written above and hereby approve of all of the terms and conditions as set forth above. 83637 -9- I 'i :.ijl ,l .l : i: :, COUNTY: COUNTY OF LOS ANGELES, a municipal corporation By: Marvin J. Southard Director, Los Angeles County Department of Mental Health APPROVED AS TO FORM: John Krattli County Counsel, Los Angeies County Rosalia Conde City Clerk APPROVED AS TO FORM: Arno ld Alvarez-Glasman City Attomey CITY: CITY OF BELL GARDENS, a municipal corporation Philip Wagner City Manager trrv: CITY OF BELL, a municipal corporation By: By: Nestor Enrique Valencia Mayor -10- 83637 Janet Martinez Acting City Clerk APPROVED AS TO FORM: David Aleshire City Attorney ' Ana Barcia Deputy City Clerk APPROVED AS TO FORM: ZaynahMoussa Deputy City Attorney : Adria M. Jimenez, CMC 83637 William M. McConnick Mayor CITY: CITY OF VERNON, a municipal corporation ATTEST: By: By: CITY: CITY OF DOWNEY, a mtrnicipal corporation Luis H. Marquez Mayor ATTEST: -11- City Clerk APPROVED AS TO FORM: Yvette M. Abich Garcia City Attorney ,.a' Yesenia Gomez Acting Junior Deputy City Clerk APPROVED AS TO FORM: ; Todd Litfin Interim City Attorney ,: , Cannen Avalos City Clerk 83637 CITY: CITY OF HUNTINGTON PARK, a municipal corporation Rosa E. Percz Mayor CITY: CITY OF SOUTH GATE, a municipal corporation Bv: Henry C. Gonzalez Mayor ATTEST: ATTEST: :l l: -12- APPROVED AS TO FORM: Raul F. Salinas City Attomey CITY: CITY OF SIGNAL HILL, a municipal corporation By: Michael S. Langston Chief of Poiice ATTEST: Robert Copeland City Clerk APPROVED AS TO FORM: David Aleshire City Attorney IEND OF SIGNATURES] 83637 - 13- EXHIBIT "A" SCOPE OF SERYICES I. GENERAI, PESCRIPTION OF SBMET SERVICES By entering into this Agreement, the Police Departments and DMH intend to form apartnership in order to: i) provide resources to staffat least two "southeast Region Mental Evaluation Teams" ("SRMET") to be deployed for Police Department business involving calls pertaining to members of the public in the various Police Department jurisdictioru suffering from mental health-related issues; ii) during such deployments, advise and assist responding officers on mental health- related issues; iii) provide supplementary analysis and reports for on-going cases and investigations involving mental health-related issues; and iv) allow DMH personnel to provide mental health- related clinical services to Police Department contacts. II. PERSONNEL. MANAGEMENT AND FACILITIES A, STAFFING 1. Each SRMET shall consist of one slvom police officer paired with one DMH mental health clinician. 2. Regular SRMET availability and schedules shall be based upon mutual agreement to be established by the Parties at a later date. 3. There shall be at least two (2) SRMETs for the duration of this Agreement. Accordingly, the DMH shall plovide a total of at ieast two clinicians for SRMET duties. Each of the Police Departments shall make available sworn officers as needed for SRMET duties. B. MANAGEMENT RESPONSIBILITY As provided in Section 3,01 of this Agreement, each of the Parties shall retain responsibility for management and supervision of its own personnel. C. TRAIIYING The DMH shall provide Police Depa:rtment SRMET personnel mental illness field and investigative training. The DMH shall provide personnel as.needed to the Police Departments for mental illness training conferences and classroom training sessions as requested by the Police Departments. I I 83637 -14- D. OFFICE SP-ACE. TRANSPORTATION. EQUIPMEryT AND SUPPLIES 1. The Police Departments shall provide DMH SRMET Personnel office space, furniture, and logistical support necessary to ensute the flinctionality of the SRMET. The DMH shall provide to its personnel its own computers, office supplies, and cornrnunications equipment, including, but not limited to, cell phones. The Police Departments will also provide DMH SRMET Personnel with parking spaces to accommodate DMH vehicles. 2. The Police Departments shall provide Police Department SRMET Personnel the necessary office space, fumiture, equipment, computers, radios, supplies, vehicles, Computer Digital Terminals, and logistical support to ensure the functionality of the SRMET. E. POLICE DEPARTMENT F'ACILITIES ACCESS DMH SRMET Personnel shall be provided with access to Police Department facilities as needed in order to accomplish the objectives of this agreement. III. SRMET PROCEDURES AND PROTOCOL A. RESPONSIBILITY FOR DISPATCHING SRMET The Police Depa.rtments will serve as the primary authority for generating work, and for dispatching SRMET when requests for services are made. Police Departments management will prioritize all calls for service and dispatch accordingly. The DMH agrees not to direct or re-direct DMH personnel to perform duties not identified by the Police Department management. 8..,.,.- pTSRUPTTONS rN NqRMAL OPERATTONS The Police Departments shall have the discretion to re-assign Police Department SRMET Personnel as needed in order to accomplish the objectives of this agreement. In the event a Police Department must re-deploy Police Department SRMET Personnel resulting in disruptions to SRMET operations, DMH SRMET personnel shall be notified as soon as reasonably possible. Similarly, DMH shall notifr the Pofice Departments in advance when DMH SRMET Personnel must be re-deployed due to training obligdtions, mandatory meetings, or county-wide crisis events. In the event of a county-wide'crisis,'the DMH shall first consult with the Police Departments when re-deployment of DMH SRMET Personnel is being considered. DMH will give priority to the Police Departments to make use of DMI-I SRMET Personnel during county-wide crisis events. Each of the Parties shall ensure all other Parties are notified when SRMET Personnel are absent, either excused or unexcused. 83637 -1 5- IV. INFORMATION SHARING AND RECORDS A. CONT'IDENTIALITY AND SHARING OF INFORMATION All personnel assigned to SRMET duties shall be knowledgeable and abide with the provisions of the law pertaining to confidentiality of information related to a client's mental history and other medical records, and shall be in HIPPA (Health Information Privacy Protection Act) compliance both in areas of privacy and security of protected health information. The mental health history of a client shall be accessed only by DMH clinicians through Los Angeles County's Integrated System ("IS") or the Integrated Behavioral Health Information System ("IBHIS"). Such information shall be made available to Police Department SRMEI personnel only as needed for law enforcement purposes. DMH SRMET Personnel may disclose IS/IBHIS information and any other protected mental health information to other specialized units within the Police Departments in the following circumstances : ln response to a court order, warrant, subpoena, summons or process issued by a court. lf the clinician believes the client presents a serious present or imminent danger of violence to self or another person. B. RECORDKEEPING AND RECORD INSPECTION The Police Departrnents agree to maintain all records relating to their respective SRMET operations consistent with laws and policies governing records retention in each respective Police Department. DMH agrees to retain all of its records relating to SRMET operations consistent with laws and policies governing DMH records retentions. DMH client records shall be housed for a period of seven years after contact with the client is terminated in compliance with the California Welfare and Institutions Code. Each of the Parties shall have the right to inspect and make copies of records pertaining to the SRMET operations, as permiffed by law. The expense of any copies requested shall be paid for by the Party requesting such records. 83637 -16- .l RECtrN\/ED FEB I I 20i5 CITY CLERK'S OFFICE DATE: TO: PREPARED BY: APPROVED BY: RE: REGEIVED FEB I 0 2015 CITY ADMINISTRASTAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICE February 17,2015 Honorable Mayor and City Council Lissette Melendez, Associate nngioeerQf{t Samuel Kevin Wit on..kector of Public Worlis, Water & Development Seruices Electrical Easement - 3480 26th Sfteet Recommendation It is recommended that the City Council: l. Find that the acceptance of the Electrical Easement proposed in this staff report is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and 2. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute said document. Backqround The Department has received fully executed Electrical Easement by Gye Ha Lem, an individual for the property located at 3480 26th Street, assessor's parcel number 6303-001-016. The property at the above mentioned location is being redeveloped and the easement is for the installation and maintenance of City owned electrical conduit and equipment serving the property. The easement has been reviewed and approved by the Gas & Electric Department and has been approved as to form by the City Attorney's Office. Fiscal Impact Acceptance of the proposed Electrical Easement has no fiscal impact. SKW:lm Attachment RECORDING REQUTISTED BY and WHEN RECORDED MAIL TO: City of Vemon 4305 Saota Fe Avenue Vemon, CA 90058 Attn: City Clerk EASEMENT APN: 6303-00r-016 DOCUMENTARY TRANSI'ER TAX IS NONE - NOT REQI,IRED SEC. NYN REVENUE TAXATION CODE, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOwI,EDGED, GYE IIA LEM, an individual (thc.,Grantor,) HEREBY GRANT(S) TO: City of Vernon, e body corlorate and politic ((Grrntee") An easement for wery purpose beneficial to lhe vemon l,ight & power Department, including, bul not limited to, the right to install underground and overhead electric and other public utilities, with the ri-ght of ingress and egrcss over, under, across and through that certain reai property in the city of vemon, cormty of Los Angeles, as described in Exhibit 'A" attached hereto ani incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. This easernent is on a portion of the property owned by the Grantor. D,re: F"h +.20rs "Grantor" GYE HA LEM, an individual MAIL TAX STATEMEN'IS'[O: A rotsry public or ofter offic€r completing this certificate verifies only the idmtity ofthe individual who signed lhe document to which this c€rtificate is attached, and not the truthfulness, accuracy, or validity ofthar document. State of California. County of before me,On who proved to me on the basis of satisfactory evidence to be the person($ whose namg(F) idqd subscribed to the within instrument and acknowledged to me that he/rIe/th€f executed the same in triVpdltNr authorized capacity(i$), and that by hiVher/their signatureS) on the instrument the personfi, or the entity upon behalf on which the persoryQ acted, executed the instrument. I certi.$ under PENALTY OF PERJURY under the laws of the State of California that the folgoing paragrrph is true and correct, WITNESS my hand and oflicial seal. S ignature (Seal) personally appeared Len Ah Cho , nobn (lnsrn N.m.'of Notary Publi SNEDAKER LAND SURVEYING P.O. BOX2305 IRWINDALE, CALIFORNIA 91706(aq ut-2403 (626) 9667106 FAx APRJL I,2014 EXHIBIT A ELECTRICAL EASEMENT LEGAL DESCRIPTION THAT PORTION OT'THE RANCHO SAN ANTOMO, IN TIIE CIry OF VTJRNON, COUNTY OF I,OS ANGEI,ES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A STRIP OF IAND 5.OO FEET WIDE I,YING 2.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRJBED AS FOI,LOWS: COMMENCING AT THE INTERSECTION OF TIIE WEST LINE OF PACIFIC LAND IMPROVEMENT COMPANY'8.32 ACRES" AS SHOWN ON A RECORD OF SURVEY FILED IN BOOK 223 PAGES 65 AND 66 OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER WITH A LINE TIIAT IS PARALLEL WITH AND 30 FEET SOUTHERLY OF T}IE CENTERLINE OF 26TH STREET AS SHOWN ON SAID RECORD OF SURVEY, SAID PARALLEL LINE IS THE SOUTTIERLY LINE OF A 10 FOOT WIDE STRIP OF LAND CONVEYED TO TIIE CITY OF VERNON IN INSTRUMENT NTIMBER 2OI4OI93822,RECORDED FEBRUARY 251I{ 2014, OFFICIAL RECORD OF SAID COUNTY RECORDER. THENCE NORTH 86"18'10" WEST 53.65 FEET ALONC SAID PARALLEL LINE TO THE TRUE POINT oF BEGINNING; THENCE SOUTH 03"41'50" WEST 1 .6I FEET TO TTIE BEGINNINC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 5.00 FEET; THENCE ALONG SAID CURVE 7.8s FEET TIIROUGH A CENTRAL ANGLE OF 89'55'23" DEGREES; THENCE NORTH 86'22'47" WEST 183.81 FEET; TIIENCE SOUTH 0l'07'00" WEST 335.57 FEET'l'O THE BEGINNING OF ACURVE CONCAVETO TTIENORTHEASTHAVING A RADruS OF 5.OO FEET; THENCE ALONG SAID CURVE 7.85 FEET THROUGH A CENTRAL ANGLE OF 9O"OO'OO" DEGREES; TIIENCE SOUTII 88'53'00" EAST 35.79 FEET TO A POINT, SAID POINT BEINC CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION. TOGETHER WITH A STRIP OF LAND IO,OO FEET WIDE LYING 5.OO NORTHERLY AND 5.OO FEET SOUTHERLY OF THE CENTERLINE DESCRIBED AS FOLLOWS BEGINNING AT SAID POINT A THENCE SOUTH 88'53'OO" EAST I2.OO FEET M. SNEDAKER, P.L,S. NO. 7565 JOB NO. 12-020 .-- _ __SREET__ A q ,^", -,.?9' - ,s-r- 'so'l a't o"r - - - - - -_- - - _*_;;:d*_4i _:i:l' i',i[ Int:i::"". sil ;eleil/.,.S':i...;" tl iEUH 88'53'00" J5. /9 88"26'46" 234.38' hr-" o)be F u')o z 88'29'37" 20.o2' 01'07'00" 34.89'td 9a:'o I.E o a :^ NN''rlq P5 o NE8'26'46"E 490.52' w r z/zr/ts SiEDAGN LAIDS.nVEYIircl PO&XaS Ef,OALe CTLFOFa 9r t(cao o+ac (c6) sc-7tc Etr€T E E.ECIrc L EAIEICM FRFARED FG DEE lfimAtllEq u-c )AIE:-6-1{ -0m )RAn{ | RS :aD lr2-020.du, scaE I N.T.s. g{EET I G I CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certifr that interests in real property conveyed to or created in favor of the City of Vernon by that certain Electrical Easement dated February 4,2015, executed by Gye Ha Lem, an individual is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on February 7, 2015, and the grantee consents to recordation thereof by its duly authorized officer. Dated: ,2015 CITY OF VERNON W. MICHAEL MCCORMICK, Mayor ATTEST: ANA BARCIA, Deputy City Clerk APPROVED AS TO FORM: HEMA PATEL, City Attomey RECEIVED ,,rrr'.l'srF..cE JOINT STAFF REPORT 1,1/1-/ ,,)r' crry ADMlNtsrRATtoN & HUMAN RESouRcES U.1 t/'' January 20,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator f .SJ Teresa McAllister, Director of Human Resources sl'r' CITY COT]NCIL DETERMINATION IN THE GRIEVANCE APPEAL PROCESS REGARDING THE CITY OF VERNON FIREMEN'S ASSOCIATION GRIEVANCE OF'ARTICLE, THREE, SECTION 7 OF THE 2012.2014 MOU - MERIT STEP ADVANCEMENT Recommendations It is recommended that the City Council: 1) Find that this staff report outlining the background of and stafPs recommendation to deny a grievance filed by the City of Vernon Firemen's Association (VFA) is exempt under the Califomia Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Deny the grievance filed on behalf of the Vernon Firemen's Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memorandum of Understanding between the VFA and the City. Backsround and Timeline of Events o At the City Council meeting of June 8, 2009, as part of the 2009-2010 budget review and adoption process, the Council approved a freeze on all employee merit step increases effective July 1, 2009. The June 8, 2009 City Council minutes are attached hereto as Exhibit A. The freezing of merit step increases was a tool used to help meet budget reduction goals as a result of the economic conditions having a negative impact on the City's general operating revenues. o Effective April 19, 2011, VFA and the City entered into a Memorandum of Understanding (MOU) effective April 19,2011 through June 30,2011. Notably, the MOU became effective after City Council adopted the fiscal year 2010-2011 budget. DATE: TO: FROM: RE: As part of the 20ll-2012 budget review and adoption process, the City Council allocated funds for a "one-time" merit increase for all eligible City employees if subsequently authorized by Council. Such subsequent authorization was granted by City Council at its meeting of January 3, 2012, to implement one-time, one-step merit increases effective January 3,2012. The conesponding City Administration Staff Report dated December 13,2011, and January 3,2012 City Council minutes are attached hereto as Exhibit B. Effective July 1, 2011 through June 30,2012, VFA and the City entered into a successor MOU. During the term of the contract, all eligible VFA members received the one-time, one step increase effective January 3,2012 as approved by City Council as part of the 20ll-2012 budget review and adoption process. Effective July 1, 2012 through June 30, 2014, VFA and the City entered into another successor MOU; the issue of salaries and merit step increases were discussed during these MOU negotiations. Notably, no unit member received a merit step increase beyond the City Council's authorized increase effective January 3,2012. As part of the 2012-2013 budget review and adoption process, the City Council approved the continuation to freeze all citywide merit step increases. A budget-related sunmary presented by the City Administrator on June 12,2012 included various cost saving and revenue generating measures that were proposed to continue or be implemented anew in 2012-2013 in order to address the structural deficit in the Crty's General Fund. The presentation pointed out that annual step increases had been frozen since 2009. The June 12, 2012 City Council minutes and PowerPoint presentation given by the City Administrator are attached hereto as Exhibit C. As part of the 2013-2014 budget review and adoption process, the City Council approved the continuation to freeze all citywide merit step increases. At its meeting of June 18, 2013, the City Council approved the 2013-2014 fiscal year budget containing the overall cost savings (implementation of PARS and withheld merit step increases) for the department's budgets for fiscal year 2013-2014. o On September ll, 2013, Robert Wexler, Attorney for VFA, requested a meeting to discuss the issue of merit step increases. City staff met with Mr. Wexler and certain members of VFA on September 30, 2013. VFA strongly urged the City to reinstate the merit step increases of their members which had been frozen since 2009. VFA believed the reinstatement of merit step increases for VFA members would be a minimal (approximately $100,000) impact to the City. VFA asked that the City Administrator authorize the Finance Department/Payroll division to provide payroll information relating to their members, in order to present a financial impact to the Crty at a subsequent meeting relating to the reinstatement of VFA merit step increases. Mr. Wexler failed to follow-up with the Human Resources Director regarding the subsequent meeting. o On January 23, 2014, the City Administrator received a letter from VFA Attorney Richard Levine, demanding the immediate resumption of salary increases for employees represented by VFA. The City responded and requested clarification to ensure that the City responds appropriately and in accordance with proper procedures as set forth in the 201212014 MOU. Mr. Levine responded that the City Council did not timely and/or appropriately act to suspend salary step increases. Mr. Levine requested that the City resolve this matter or alternatively waive the exhaustion of the Grievance Procedure so that the matter could be adjudicated in Court. On February 26,2014, the City and the VFA began negotiations for a successor MOU. Several proposals and discussions ensued regarding merit step increases of VFA members and the clty's financial ability to pay. Between April 14 and April 17,2014, approximately thirteen (13) grievances were filed by various employees represented by VFA. The grievances alleged that VFA members' merit increases (based on anniversary dates at various times in calendar year 2013) were withheld in violation of Article Three, Section 7 of the 2012-2014 MOU between the City and the Vemon Firemen's Association. Between April 21 and April 24,2014, the City timely responded at Step 1 (Supervisor Response) of the grievance procedure to ten (10) of the grievances filed by employees represented by VFA. Ten (10) grievances were denied based upon Anicle 9, Grievance Procedures, of the YFA2012-2014 MOU which requires presentation of the grievance within ten days of the occuruence of the action beins srieved. The action forming the basis of the employee's grievance was according to their written grievance submission, the 2013, nonpayment of a merit step increase. The grievances filed were all over eight to nine months after the occurrence of the action. Therefore, the basis for the City's denial of the grievance was that they were untimely under the MOU provisions governing the grievance procedure. Three (3) of the grievances filed were timely and the City responded at Step 1 (Supervisor Response) informing employees that supervisors lack authority to provide the remedy they seek and therefore denied the grievance and referred the grievant to Step 2 of the grievance process which was the Fire Chief. On April 30,2}l4,the Fire Chief responded at Step 2 of the grievance procedures to the three (3) grievances remaining by VFA employees. The Fire Chief responded that the withholding of merit increases was an action taken by the City Council in accordance with Article Three, Section 7, Merit Step Increases of the 2012-2014 MOU which states: "The promotion or salary increase to said grade shall remain the sole discretion of the City Council". The Fire Chief lacked the authority for the remedy the grievant sought and therefore denied the grievance and referred them to Step 3 of the grievance process, which is to be submitted to mediation with the California State Conciliation Service. On May l, 2014, the Vernon Firemen's Association filed a concurrent grievance on behalf of all its represented members and joined in the pending three (3) grievances described above (referred to herein as the "collective grievance"). VFA alleged the City denied salary step increases in breach and violation of Article Three, Section 7, Merit Step Increases. VFA contends that the language contained in the MOU entitles VFA-represented employees to a mandatory salary step increase each year upon satisfactory performance, unless the City Council takes formal legislative action to deny such salary step progression. The VFA contends that the City Council failed to take formal legislative action to deny salary step increases during the fiscal year 2013-2014 (as well as during fi scal years 20 I 0 l20l I, 201 I 12012, and 201212013). VFA further requests that the City implement retroactive salary step increases for all of its represented employees occupying Salary Steps 4 or higher upon satisfactory performance, effective their yearly employment anniversary date. On May 7, 20t4, Fire Chief Michael Wilson responded to VFA at Step 2 of the class- action grievance. Chief Wilson informed the Association that the VFA collective grievance was also deemed to be at Step 3 (Mediation). Given the VFA's joinder in the three underlying grievances and the commonality of issues, the City now considered this a single grievance and submitted the matter for mediation. Between June 1, 2014 and July 20, 2014, the City received approximately thirteen (13) new gdevances filed by various employees represented by VFA alleging the continuance and commonality of issues regarding merit increases. This time however, the alleged violation was for withheld merit increases for calendar year 2014 and VFA contended that the City Council failed to take formal legislative action denying salary step increases for the 2013-2014 fiscal year in addition to prior years of inaction. The grievants alleged this was a violation of Article Three, Section 7 of the 2012-2014 MOU between the City and the Vernon Firemen's Association. Between June 4, 2014 and July 21, 2014, Teresa McAllister, Director of Human Resources responded to all grievants at Step 2 of the grievance procedure. Ms. McAllister informed all grievants that VFA had joined in the pending merit increase gdevances brought by several individual employees. The grievance had progressed to Step 3 of the process and all grievances were considered as a single grievance and therefore will proceed through one mediation process. The City and VFA agreed to an informal mediation process and on July 15, 2014 met with Mediator, John Bishop, former LA County Fire Association President. The parties were unable to settle the dispute at the informal mediation process and consequently moved the matter to formal mediation (Step 3) with the State of California Mediation and Conciliation Service. Pursuant to Step 3 of the Grievance Procedure in Article Nine of the 2012-2014 MOU between the City and the VFA, the parties met on November 12, 2014 with a representative of the State of California Mediation and Conciliation Service. Loretta Van Der Pool of the State Mediation and Conciliation Service served as the mediator for this process. The parties were unable to resolve the issue at mediation and consequently the mafier is before the City Council at Step 4 of the 2012-2014 Grievance procedure. 4 f,'actors Considered bv City Staff to denv the Grievance filed bv VFA The Association contends that the City Council failed to take formal legislative action to deny salary step increases during the fiscal year 2013-2014 (as well as during fiscal years 201012011, 201 | 12012, ard 20 12 I 20 l3). City staff disagrees with the Association's contention based upon the following: 1. Each fiscal year, step increases and other personnel-related costs are formally addressed by the City Council as part of the budget review and adoption process. Based on the City's overall financial position at the time, the City edministrator specifically recommends the inclusion or exclusion of step increases for a particular fiscal year, and the City Council ultimately decides whether to include or exclude step increases, thereby exercising its sole discretion. 2. FY 2009 - 2010 - At its Special meeting held on June 8, 2009, the City Council approved the fiscal year budget for 2009-2010. The budget adoption included the City Administrator's recommendation to freeze all step increases for fiscal year 2009-2010. (See Exhibit A - Minutes of the Special City Council Meeting - June 8, 2009.) 3. FY 2010 -20ll - As part of the budget process for 201012011, it was recommended that salaries continue to be frozen as the city's financial constraints continued as a result of the economic downturn. An additional factor considered was that VFA and the City did not enter into a MOU until April 19,2011 through June 30, 2011. This occurred at the end of fiscal year 2010- 2011, after City Council had already approved the 2010-2011 budget, and approved the continuation to freeze citywide merit step increases. No unit member received a merit step increase during the term of this contract and no grievance had been filed alleging the City Council failed to take action to deny salary step increases during the period of April 19,2011 through June 30, 2011, Employees represented by VFA would have been aware of the occurrence of the action (freeze of merit increases) taken by City Council. Therefore, any alleged violations for 20l0l20ll fiscal year should be rejected as untimely. 4. FY 20ll-2012 - As the VFA's grievance contends step increases have been frozen citywide since the 200912010 fiscal year. At its meeting of August 16, 2011, upon conclusion of the annual budget process, the City Council approved the fiscal year 20ll- 2012 bndget, which included an allocation of $300,000 for one-time, one-step increases to all eligible employees if subsequently authorized by Council. Such subsequent authorization was granted by City Council at its meeting of January 3, 2012, to implement one-time, one-step merit increases effective January 3,2012. (See Exhibit B - Minutes of the Regular City Council Meeting - January 3,2012.) 5. FY 2012-2013 - As part of the budget adoption process for 2012-2013, the City Administrator recommended that the City Council continue to freeze citywide merit step increases during fiscal year 2012-2013 as one of numerous cost-saving efforts to meet expenditures with revenues. (See Exhibit C - Minutes of the Regular City Council Meeting - June 12,2012; and City Administrator PowerPoint Presentation.) An additional factor considered was VFA and the City entered into another successor MOU effective July 1, 2012tlrough June 30,2014. Dwing the negotiation process, the City strongly emphasized that merit step increases were not automatic and promotions and salary increases would remain at the sole discretion of the City Council. Mr. John Bishop, former LA County Fire Association President and the City's Chief Negotiator dtring this time, would be willing to attest to this discussion held with VFA should the City Council require his written or verbal statement. 6. FY 2013-2014 - On November 6, 2012, City staff reported to City Council that the current economic conditions continued to have a negative impact on the City's general operating revenues. The updated projections for fiscal year (201312014) indicated a structural budget shortfall (spending in excess of revenues). As an additional tool to help meet budget reduction goals, the City Council adopted a supplemental retirement program with the Public Agency Retirement System (PARS) to accelerate the normal rate of aurition, thus allowing the City to rapidly reduce its workforce and create additional budget savings that help address the City's budget shortfall. At its meeting of June 18, 2013, the City Council approved the 2013-2014 fiscal year budget containing the overall cost savings (implementation of PARS and withheld merit step increases) for the department's budgets for fiscal year 2013-2014. Freezing of citywide merit increases, including all employee related compensation matters, were appropriately presented to City Council for consideration during the budget review and adoption process. Staff informed City Council that efforts continued to further identiff operational efficiencies and to reduce costs. Another factor considered was the December 17,2013 public presentation made by Dean fuchens, President of the VFA (Exhibit D). During the December 17 ,2013 Cily Council meeting Mr. Richens publicly acknowledged, "There has been a merit step freeze for the last five years". He understood that the City had budget concems, but advised that increasing the Fire Department's budget needs to be considered. Through Mr. Richens' public acknowledgement, it is apparent that VFA was well aware of the City Council's continued budget action that maintained a freeze on merit step increases. Staff Recommendation Based on the foregoing, City staff recommends that City Council deny the grievance filed on behalf of the Vernon Firemen's Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memoranda of Understanding between the VFA and the City. In summary, City staff contends: l. Article Three, Section 7, Merit Step Advancement of the YFA 2012-2014 MOU states; "The promotion or salary increase to said grade shall remain at the sole discretion of the City Council". As outlined above, the City Council has exercised its sole discretion through each annual budget adoption process. Freezing of citywide merit increases, including all employee related compensation matters, were appropriately presented to City Council for consideration during each fiscal year budget review and adoption process. There is no language contained in the MOU that specifically states what method or procedure the City Council must employ to deny merit step increases. 2. In accordance with Section Nine, Grievance Procedure of the 2012-2014 MOU, the aggrieved employee shall present orally or in writing to his immediate supervisor within ten (10) working days of the "occuruence of the action" giving rise to the grievance. The action forming the basis of the employees and VFA grievance was according to their written grievance submission in2014. The basis for staff s recommendation to deny the grievance is also in part that the grievances were untimely rurder the MOU provisions governing the grievance procedure. The occurrence of the action (freeze on merit increases) gave rise to the grievant since its initial action taken by City Council effective July l, 2009 and continuing to-date. City staff contends the continuance and commonality of issues regarding merit increases have been occurring for more than five years. Therefore any alleged violations occurring for fiscal years 201012011,201112012, 201212013, atd201312014 should be rejected as untimely due to the continuance of the occurred action. F'iscal Impact Should the City Council deny the VFA grievance there is no financial impact. Should the City Council approve the VFA gdevance the approximate financial impact is $356,795, in addition to any potential financial impact the City could face if other recognized employees/employee organizations with a similar MOU provision respecting merit step increases, filed grievances against the City. 7 EXHIBIT A MINUTES OF THE SPECIAI CITY COI'NCIL MEBTING OF THE CITY OF VERNO}' HELD MOIIDAY, JIrNE a, 2009, AT 2:I2 P.M' IN ?HE COUNCIL CI{AMBERS OF THB CITY HALL LOCATED AT 4305 SAIITA FE AVBNIIE, VBRNON, CAIIE1CRNIA conzales, Malburg, Davis, l'laisaro McCormick M8I'IBERS PRESENT: MEI.IBBRS ABSENT: Ttre neeEing $as called tso ordcr by uayor Gonzales' special coungel advised that chere were no changes Eo the agenda. sPeclal counsel a.nnounced Eo the audlence that thi6 lrae tshe EiBre fot Public coftnent8. Mayor GonzaleE aeked 1f there wa6 allyone in the audience who wishcd Eo addless the Citsy Coulci1 a! EhiE tine ' The city Adminj.Btrator adviaed of Ehe ncw aPProach he 1E Eaklng in an attenpE to nacch revenueB again6E e'q)€n€ee ard hiB dire;tive to all deparEnent heads Eo rcaluce Ehelr budgecs by at leaat 8t in addition Lo a freeze on all sEeP increaEea for the upcomlng fi6cal yea!. He also r.ported that caPital proje;ts would be sat aEide until funds become availa'bIe ' Special couD6eL luPPorEed the CiEy A&rinietrato!'6 EtrateEy Co balatlcc the city'6 revenuea againaE expenses lle afao piovlded a eurmary of tshe Etatsc'€ financial staEuB end lrow thc 8;are's budget rrould linanclally affecE all ciciea' The Citsy AdniniaEraEor digcusged Ehe lnporEarce of having lurda available to invest in renevrable energy, if nccessary, to aecure the clEy'8 Eurvlval j.n future yeare' I'here waa no onc efge ln Ehe audience who l"ighed Eo addrea8 the city Council aE thls Eine' Special Coursel alrnounced that now e'aa the tittrc to begin lhe 2OO9-2010 budget revie{. ltre cicy AdminlsErator addresged ln detall the proposed 2OO9-2010 budgets for tshe f,ollowing dcparEnent€: L. L & P - TransniBEion & DlsEiibuEion 2- L&P-MminiEcration 3. Piber opticg 4, GaE 5. Gas Financing speciai Clty Council Meetj.ng Minutes Jure 8, 20 09 There being no further buEines6 to cone before Ehe City Courcj,I aE this Eine, i,t wa6 moved by Davj"s, geconded by Maj-sano, that the meeEing be adiourned. the time being 3:27 p.tl. MoEion carried. a// at d- Nane: Hi.lirio Gonzale6 Trtle: Mayor ATTEST I Pege 2 of 2 clEv Clerk EXHIBIT B RECEIVEE DEC 15 20il CIIYCIERKS urrtUt STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: Decembcr 13, 2011 l{onorable Ciq Council Mark C. Whitworth, City Administrator tmplementetion of Ccrtain Budget-Approved On.{ugust l6.20ll the City Council approved the budget lbr fiscal year20ll-2012. The budget appropriated expenditures lbr the tbllorving: . Onc-time. one-step increases for eligible emplol'ees . A .iustmenls for certain department heads to the levels prescribed pursuant to the results of the salary survey conducted in line rvith the Van de Kamp recommendations. . Reclassification ofcenain employees. subject to the adoption ofthe conesponding resolution 1o establish the proposed new position and related scale' The afbrernentioned adjustments rvill be implemented ellective January I . 2012' unless olhentise directed b1'the City Council. I look lbnvard to discussing this maner rvith )'ou at the next Cily Council meeting. MINUTES OF THE REGUI,AR EITY COI'NCIL MEETING OF TI{E C]TY OF VERNON HBLD TUESDAY, .JAilIUARY 3, 20L2, IN THE CI)UNCIL CHAMBBR OF THE CITC HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CAIJIFORNIA MEI{BERS PRESENI: Davis, McCormick, Maj-sano, Newmire MEMBERS AIISENT; None fhe rneeEing was called to order al 9:!7 a.m. ry Mayor Pro-Tent Davis. Kevln Monge of the Boy scouEs TYoop 419 led Ehe flag saLutse. Tlre clty Clerk announeed a change to the agenda. Ilnder the service Pin Awards, Stephanie Jotrngon'g yearst of senrlee iE corrected t,o 10 years as opposed to 15 years. Ihe City Clerk also artnounced that the Deeember 20, 2OL]-, effective daEes on the agenda items will be reflecEed as January 3, 2012, due to the continuation of the agenda. rt was moved by McCormick and seconded by Maisano to amend Ehe agenda as recommended. Motion carried, 4-0. ELESIION ULTTERS 1. ElecEion of Mayor pursuant C'bapter 3.5 of the CiEy of Vernon Charter. If necessary, selection of Mayor Pro Tem pursuanU to Chapter 3.5 of Ehe Charter. ftre CiEy Clerk called for nominat j-ons, It was rnoved by Councilman McCormick to nominate Mayor Pro-Tem Davis as Mayor,' it was seconded by Davls. Councllman Maisano moved to nominaEe Cor:ncilman Newmire as Mayor; j.E, was seconded by Newmire. Counsel Dana Reed suggested a ro11 call voEe. the City Clerk ca1Ied each counciLmember by name requesting their vote: . Counclluan Newmire: Newmlre . Councilman Maisano: Newmire . Councilman l.lceormick: Davis . Mayor Pro-Tem Davis: DaviE The City Clerk announced that uhere was no majoriEy voEe. A Mayor waa not elected. 2. Resolution No. 2011-04 - A Resolution of tshe city Cor:Icil of the City of verron ReciEing Ehe Facc of the Municipal Election Held on November 8, 2011 and the special Mailed Ballot Election Held on Novernber 22, zoLL, Declaring the Results and euch other l,latters as Provided by Law It was moved by McCormick and eeconded by Newmire to approve Resolution No. 2011-04. Motion carried, 4-0, In response to Courcilman Newmire's inqu1ry on Ehe election for the 5th vacant seat, Counsel Reed and lilhitworth advised bhat iu was up to City Council- to give directlon to staff to call for an election, Regular City eouneil Meeting Mlnutes ;Ianuary 3, 2Ol2 It was moved by Newnire a:rd seconded by Maisano Eo place the ealllng of an elecEion on the nexE agenda. Motrion carried, 4-0. 'Ihe Cit,y Clerk announced thaC tlli6 t as Che tl-me allotted for public comment. The Mayor Pro-Tem inqulred whe-.her anyone in Ehe audlence wished to address Ehe City Council. Ethics Advlsor 'fohn Van de Kamp recommended an amendment to lhe City Chart,er that would address the issue of an election with multiple open seats. Counsel Reed advised Ehat Council has the opportunity to di-rect sEaff to include Lhe proposed charter amendmenE on the next eleetion- PRBSENTATIONS Mayor Pro-Tem presented a service pin to SEephanie Johnson, Lead Records Technician, for her 10 years of serrrice. TLre CiEy Council al.so recognized Cynthia Mireles, Adminj-sErative AEsiEtanE, for her 5 year6 of eervice who was unable to atrtend the meeting. fhe City Clerk read and presented Lew Pozzebon with a proclamatlon for his many years of service as DirecEor,/Health Officer on behalf of the ClEy Councl1. Pozzebon thanked t.he City Cor.:ncil for their supporE duri-ng his 26 years of service. The eiEy Clerk read Re6oluEion No. 2012-01 - A ResoluEion of the ciEy Courrcll of Ehe CiEy of vernon Commending and Honoring Former Mayor nilario Gonzales for His Many Years of Service to Ehe City of Vernon. It was moved by McCormick and geconded by tvtaieano to apProve ReeoluEion No. 2012-01. Motion carried, 4-0. Former Mayor Hilario Gonzales reflected on his yearsl in Vernon, and expressed his appreciaEion towards the city and ite employeeg. IIINUIES It was moved by Maisano and seconded by Newmlre to approve Ehe Minutes oE the Regular City Council Ivteeting held wovember 15, 21ll. . Motion carried, 4-0. IE was moved by McCornick and seconded by Newmire to approve the MinuEes of EIre Regular CiEy Corrncil Meeting held December 6, 20Ll. Motion carried, 4-0- IL was moved by Newmire and seconded by Maisano to approve the MinuEes of Ehe Special City Council Meeting held December !5, 2011. MoElon carried, 4-0. IL was moved by McCormick and seconded by Davis to approve Ehe Minutes of Ehe Regular City Council Meeting held December 20, zOL]-. Maisano and Newmire absEained. The minutes are Lo be filed and recorded. Page 2 of 11 Regular Clty Council Meeting Minutes January 3t 2O)-2 Tt was moved by McCormick and seconded by Davis to approve the Minutes of the Special City Couxcil Meeting held December 22, 2011. Maisano and Newmire absEained. The minuEes are to be filed artd recorded. PUBLIC EEARINGS At 9:45 a.m., it was moved by McCormick and seconded by Maisano Eo open the public hearing to consider the adopEion of Ehe proposed wat.er raEe adjustments- Director of Cormuaity Services & Water Department Kevin Wilson made a presenEaElon on the vrater raEe lnereaEes. !{ilson proposed a 1.89* increase for the meter charges, a 15.849." j-nerease for the commodity charge, and al1 11.49? increase for the square footage charge. In total, Ehe new proposed rate increases are estsimaEed to have a 1.B2el increase on revenues eollected. llilson advised thaE while the proposed recycled water ratse would be a deerease to cu6Eomers, t,he Malburg ceneraEtng staEion v/a6 the only user, At 10:01 a-m., it was moved by Mccormick and seconded by Maisano, to close the public hearing. Motion carri,ed, 4-0. Re8olution No. 2012-05 - A Re6olution of the City eouncll of t,be City of vernon Establishing t,he Rates for the SaIe of water in Ehe city of Vernon in Accordance with the vernon City Code ald Ordinance No. 1029 It was moved by ttaieano ald seconded by McCormick to approve Resolution No. 2012-05. Motion carried, 4-0. CONEE}IT CATBIID}R It was moved by McCormick and seconded by Maisaro, thae the matters on the Consent Calendar be approved as recomnended. Motion carried, 4-0. 1. WarranE Regj-sters a. RaEification of City Warrant Regioger6 to record the followlng voided cheeks: 1. CiEy Warrant Register No. 1338 to record voided check no. 334043 ln che amount, of $23.90,- and 2.CLLy Warrant Register No. 1338 to record voided check no. 334077 in Lhe amount of $10.00,- and 3. City Warrant Begiseer No- 1338 to record voided check no. 334091- in the amounE of $555.98; and 4. City Warrant Register No. 1341 to record voided check no. 334514 in Che amounE of $100.00; and 5. Ctty Warrant Register No. 1347 to record voided check no. 335532 in the arnounL of $565.30; and 5. ClEy Warrant Register No. 1347 to record voided check no. 335537 in the amounE of $555.30; and 7. CiEy WarranE Regist.er Na. 1347 to record voided check no. 335583 in the amount of $344.00; and 8. City Warrant Register No. 1347 to record voided check no. 335684 ln the amount of gt-15.15. Page 3 of 11 Regular City Council Meeting Minutes ,fanuar? 3, 2OL2 b. RatificaEion ot City ?larrant Registers to reeord Ehe following voided checks: 1.. Clty liarrant, Register No. 1340 to record voided check nlo. 334292 in Ehe amount of $51.92; and 2. City Warrant Register No. 1345 to record voided check no. 335232 in the amount of $30.00. c. Approval of Payroll warrant Register No' 555, totaling $2,511,355.88, which covers che perlod of Oetober 9 through November 5, 201.1-, and conaists of Ehe f o1.1owing: 1. Ratification of electronic fund transfers (EFTg) CoEallng $2, 585, 799. 60; and 2. Checks paid through General Fund Warrant Register totaling 525,557 .28, d.. Approval of CiEy Warrant Register No. 1348, totaling $I,518,582.34, which coversl the period of November 29 through Deeember 26, zo:-L, and consiets of the followlng: 1. Ratification of wire transfers toEaling $105,283.79; anCt 2. RaLification of the issuance of early checks EoEal-ing $1, 003.580' 33; and 3. Authorlzation tso iesue pending checks totaling l4o9 ,7:-8 .22 . 2. Cormrrnitsy Services a, Building Department Report for the monEh of Nowember 20L1, Eo be received and fiIed. 3. Fire Department a. AcEiviEy ReporE fcr the perlod of November 1 through November 15, 20i1, to be received ald fiIed. b. AcLiviEy Report for the period of November 16 through Novernber 30, 20:1, Eo be received and fiIed. e. Activity Report for Ehe period of December 1 Ehrough December 15, 2011, Eo be recelved and filed. 4, Health Department a. Novemlcer 2011 Monthly Report, Eo be received and filed. 5. Police DepartmenE a. Activicy Log and St.at.ietlcal Summary of Arrest and Activities for ttre period of November 16, through November 30. 20Il-, to be recei-ved and f iled, b. Activity l,og and SEaEistical summary of Arrest and Activities for the perlod of December 1, through December 15, 2011, to be received and filed. Page 4 cf 11 Regular CiEy Councll Meeting Minut,es January 3, 2OL2 RESOLUTIONS 1. Resolution No. 2012-06 - A Resolutsion of the Cit,y Council of Ehe CiEy of vernon Approvlng and Authorizing Ehe Execut,ion of an EngagemenE LeEter Agreement By and BeEween the City of Vernon and ifohrl Van de Kamp and Desrey & LeBoeuf LLP Eo serve as an IndependenE Reform Monir-or IE was moved by Mccorrj-ck Eo approve Resolut,lon No. 20L2-06. Councj.Iman Newmire questioned Ehe resolution, as t.o wheeher oEher ca:ndidaEes were congidered. City AdministraEor WhitworEh reporEed Ehat on August 25, 201]., CiEy Council unanimously approved Resolution No. 20LL-L49 which authorized the City AdminisEraEor to seek an independenE reform monitor. In response to Councilman Newmire's concerns, Ethics Advisor John Van de Kamp explained thaE the engagement leEter falls in line with SenaEor Kevin De Leon's reforms alrd that they are urying to fu1flI1 whaE Ehe CiEy Council had dec:-ded earlier and voEer needs. Councj.lman Maisano e:rpressed his concerns over the 1ega1 costs and Ehe city's Eolvency co which City Administrator whitworEh sEaLed that the projections were approved in the fi.rly budgee. fn response to Malsano'E requesE for a break down on the billing Van de Kamp recomuended an executive seasion, so that Council has a better idea of whats services the firms provide. He recommended thaE as Councll employs outslde counsel, government rat,es should be negoEiaE,ed. Mceormiek moved and Davis seeonded to approve Resolution No. 2012-06. MoEion carried, 4-0. 2. Resolgliog..Ng: 2012-07 - A Resolution of the City Council of the city of vernon Amendlng ResoluElon Na. 2011-129 regarding the Compensation, costs and BenefiLs of iEs Employees ("Per6onnel ResoLution") by Amending Sections 9, 10 and 15(C) and Schedul.e No. III of the Pereorme1 Resolution (Amendment No. L) It was moved by Mccormick aIld seconded by Davls to approve ResoluEion No. 2012-07. Motion carried, 4-0, 3. Resolutjlon No. 2q12:qg - A Resolution of the City Council of the City of Vernon Approving and Accepting the QutEelaim Deed Dedicating in Fee a Portion of t,he Property Located at, 3030 Atlantic Boulevard I! was moved by Mccormick ard seeonded by Newmire Eo approve Resolutj-on No- 2012-08. Motion carried, 4-0. 4. Resolut,ion No. 2012-09 - A Reeolution of Ehe CiEy Councll of the City of vernon Authorizing the Issuance of a Reguest for Proposals for Bngineering Design and Construction Support Serrrices for Well 21 IL was moved by Newmire and seconded by McCormick to approve Resolution No. 2012-09. Motlon carried, 4-0, Page 5 of 1l Regular City Council Meeting Minutee .Iarruary 3, 2OL2 5. ResoluEion No. 2012-10 - A Resolut.ion of the City Couneil of the City of Vernon Approving and Authorizing Notice fnvicing sealed Proposals or Bids for Ehe Purchase of firo 2012 ChevrofeE Tahoe Police PaErol Vehlcles and One 2011 Ford Crovrn Victroria Police IntercepEor for the Police Department It was moved by Newmire and seconded by Maisano to approve ResoluEion No. 2012-10. Motion earried, 4-0. 5. Resolution No. 2O]-2-L1, - A Resolution of the City Council of Ehe CiEy of Vernon Authorizing Ehe Issuance of a Request for Prolrcsals for the Engineered Deslgn of a Temporary C1o6ed waEer system, Elevated Tank st.andpipe nepair and Technical Support Servieea It was moved by MeComick and seconded by Nervmire to approve Resotutlon No. 2012-11. Motion ca:=ied, 4-0. ORDINA}ICES I.ORDINAI{CE No. 1190 - An Ordinance of the ClEy Councll of the CiEy of vernon EsLajclishing AdminisErative Bnforcement Provislone aDd NuisaDce Abatement Procedures and Amending the vernon City Code t.o A11ow for AdminisErative Procedureg for the Removal of Abandoned Vehicles (firsts reading) rnterim Police chief DaIieI Calleros advlsed tshaE the proposed ordinance will establish adminisiraEive procedures Eo a11ow the Poltce Department to enforee Ehe code and Provide for a hearing process. rt was moved by Newmire and seconded by McCormick to approve the firsE reacting on ordinance No. 1190. MoEion carrled, 4-0. 2.ORDINANCE No. 119L - An ordj-nance of the city Council of the CiEy of vernon Amending Ordinance No. 1187 relating to Living wages to Remove lJanguage in SecEion 2.L32(b) (first' reading) clty Admlnistrator Whltwort,h reporEed Ehat on ocEober 4, 20L1, ordinance No. 1187, regarding living wag:e, uras adoptsed as parE of the good governance reforms. The ordinance was modeled after the City of Los Angeles and alLowed for employees to be compensated t,welve (12) daye in t,he silo of either vacation or sick pay. The City a1lows for sixEeen (16) compensated days, eight (8) vacaEion daye and elght (8) sick days. l{hltworth explained that the ordinance will noE alter Ehe number of days allowed by the city; it will simply clarify what those days wifl be- fE was moved by Newmire and seconded by Maisano to approve the firstr reading of ordlnance No. 1191. Motlon carrled, 4-0. NEW BU6INE68 L. Approval of the agreemenE wlEh Christopher Lajrcaster and Civic Publication6, and auEhorlzation for the City Administrator to issue purchase orders for various advertising opportunities at Ehe sE,aEed cosEs. Page 6 of 1l- Regular CiEy Council Meeting Minutes alanuary 3, 2OL2 City Administrator whitworth advised that the request is for publicatlons 1n order to cofipiy wlth the transparency reforms. Councilman Newmire inguired as to what would happen if Council disapproved. In response, WhiEworth advised Ehat iE the CiEy wants to send a message to the pub11c, the expense is necessary. It was moved by McCormick and seconded by Davis Eo approve the agreement with Lancaster and Civic Publications. l,loEion carr1ed,4-0. 2. Authorization to issue a monEhly purchase order Eo L,N. Curtis & Son6 for Ehe serviee and repairs oi Ehe Fire Departsment's Sperian SCBA equipment. rt was moved by Newmire and seconded by Mai-sano Eo authorlze the L.N. Curtis & sons purchase order. Motion carried, 4-0. 3. Aceeptanee of donation from YN Apparel by --he City Council for Ehe proposed uses. Fire Marshall Jed recommended that it would be appropriate bo send Mr. Cheong a leEEer Lhanking hlm for h1s generosiuy. It wa6 moved by McCormick and seconded by Maisano Eo accepE che donaEion from ]n,I Apparel. MoEion carrled, 4-0. 4.The Mayor's selection of a Councif member Eo serve on che Vernon llousing Coumission for the unexpired term, subjeet to ratifieaEion by the city Council. counsel Dana Reed advised EhaE since no Mayor waE elect,ed, Ehe Mayor Pro-Temp has the duties of Ehe Mayor. Mayor Pro-Tem Davis announced that he is recommending himself Lo serve on the vernon Housing commission. The recommendation was moved by McCormick and seconded by Newmire. Motion carried,4-0. 5. Authorization to issue a purchase order to RoboVu for che purchase of mobile compuEer Eerminals for r-he Police Department. It was moved by Newmlre a:rd seconded by Maisano to authorize Ehe Robovu purchase order. MoEion carried, 4-0, 5. Authorization Lo execute letter to Senator Kevin De Leon regarding Ehe llarbor Toxics TMDL. Director of Community services & Water Department Kevin Wilson expressed his concern over the cost arising from Loxic cleanup of harborE being paEsecl down eo Ehe cities. He recommended a letter be sent to SenaLor Kevin De Leon requesting that the issue be sent back Eo Los Angeles Regional Water Qualityeontrol Board. It was moved by Maisano and seconded by Newmire to authorize Lhe leLter to Senator De Leon. Motj-on carried, 4-0. ?. AppointmenE of members bo Ehe SusEaina.ble Development ald Energ-y Efficiency Commissi.on (SDBEC) . Page 7 oE 11 Regular City Council Meeting MinuEes .fanuary 1, 20L2 CaEegory Recommendation Business Representative Jim Andreolr Jr, Bus j-ness RepresenEaEive AlberE Haliml Bus iness RepresenEat ive Ingun LiEtorin l,abor RepresenEative Armando Espinoza Labor RepresenEative Jai-me Villanueva En'rironmenta I Repre6entative Peter Corse]l-i Environmental,]ustice RepreaentaEive Michael Gavina IE was moved by Mccormick and seconded by Newmire to appoint the recommended members to the SDEEC. Motion carried, 4-0. DISCUS5ION AIID POSSIBLE AeIION 1. Implementation of budget approved erqpenditures effecEive dlanuary L, 2012. Clty AdminlsErator whitworth advlsed that theee expenditures will implement previously approved budget itemg including a one time, one step increase to employees, varioua DepartmenE Head adjusumenEs and reclassifications purEuants to the resolution previously approved. Whitworth explained that eince the stsep increases were noE irrplemenEed as of iluly 1, 20L1, the CiEy will have savinge of approximately $1?0,000 for fiscal year 2012. The change will reporuedly affect 89 city employees. WhitworEh addressed t.he CounciL member's concerns artd advised thats addiEional information on Ehe step increases is availa.bl-e to the Councif nrembers' through the Personnel Department, Mayor Pro-Tem Davie proelalmed thaE employees have dedicated nany years and have gone wiEhout increases for 6everal yeare. Davis moved Eo implement the step i-ncreases, and was seconded by McCormick. Motion carried, 4-0. Wtritworth announced EhaE he would provj-de Council a list of the individuals. ORAI, REPORTS Citsy AdminisErator WhiEworth congratulated Lew Pozzebon and Hl1ar1o conzal-es on Uheir retirenent and wished Chem both continued succegg, Whitworth reported Ehe recent dissoluEion of the Redevelopment Agency. Coungel Dana Reed advised thats one of the concerns is who wlII be Lhe Eucce6Eor of the RDA, By defaulE, Ehe CiUy is named. but 1f tt chooses not to be the successor, Council will have to take acEion. Vilhitworth reported on the Eearch firm process. WtriEworth report,ed that Ehe Business Development. Conmlt.tee ha6 been formed. Members inelude Ehe following: . William Davis . Michael McCormick Page I of 11 Regular eity eouncll MeeEing Mlnutes January 3, 2OL2 . Mark Whitworth . Steve Halpln . Reid Delphey . Tim Hatfield OR l,larlsa olguin . John McMillan . Neil Mlshurda . Ed Rendon . Stan SEosel WhitworEh reported that the reform matrix has been posEed Ehroughout the departments and on the eiEy's website. !{hitworEh reporEed Ehat he w111 be atEending the Callfornia Contract Citsies AssociaEion conference on January 9th and 10th along wich Councilmen McCormick and Davis. Whj.tworth also reported on Ehe CaIPERS audies and the IRS audit. Whitworth added that the City ie frequently scrutinized but Ehac Ehe IRS made no changes to the rePort. Intserim Police Chief Daniel Calleros re.ported that on a Eheft ae Ehe city yard thaE occurred on December 6, 2O!!, at 2800 SoEo StreeE. No properr-y lrras talen and there are limlEed Ieads. On December 8, 20:-1, Ewo suspects were arrested for the thefE of metal from a vacantr building owned by BNSF railroad. on December 13, 20L1, motor officer assisted in trafflc enforcemenE near the vernon Elemenlary School due to recents complaints of parents parking in red zone areao and sEopping in Ehe center median. Calleros reporEed on a hit and run aceident involving an off- dut.y officer that occurred on December t6, ?OLL. the augpect was later arrest,ed for felony hit and run. on Decembet L9, 2O]-L, DeEecEj.ves assigned to the cargo theft investigation Eeam, conducted a follow-up investigation at 2164 Leonis Boulevard in reference to stolen 'rVans" E-shirts. F\rrther investig'aEion led offlcers to 3200 Ban(llnl Boulevard, where an additional l-6 pallets uere recovered. In total, approxinaE.ely S1B0,0oo of wtrolesale value was recovered. on Decedber 27, 2otL, the department recej-ved an indecent exposure report along vernon Avenue. Detectives are following up. On December 29, ?OLL, the theft of city owned water lids occurred in the area of 2nd Street ald Anderson StreeL., On January 1, 2ot2, Lwo suspects were arresced in connection with an assault with a deadly weapon. Calleros reporEed EhaE over Ehe past nont,h Ehere have been five reported thefts of vehj.cle batterj-es- The thefts have few invest.igaEive leade and pat.rol staff is routinely briefed on.-he6e t)T)es of i-ncidents. Captain.7ames Rodi-no reported that there had been no incidents of vandalism since the lasE Council meeting. Councilnan McCormick ident:-fied one incident of vandalism, Page 9 of 11 Regnrlar City Council Meeting Minutes January 3, 20L2 Assistant Chief Andrew Guth reported that Ehe Fire DepartmenE responded to more Ehan 200 caIIs, mostly routine in nature. The depargmenE was involved a mutual aid lncident involvlng a Earker truck Ehats caught fire on Ehe 60 freeway in Montebello. Guth reporCed Ebat Ehe Eralning focus for the month oE January is hose elevation and reported that Lhe Spark of Love toy drive was successful. DirecEor/Hea1Eh Offlcer Lewis Pozzebon expressed his appreciation for the approval of the employee step increases. He opined that it would be a good moral booster. Mayor Pro-Tem Davis thanked everyone for aEtending the first City Cot:rltcil meeEing of 20L2. CIJOSED SESSION At 1L:32 a.m., it was moved by McCormick and seconded by Maisano, that the City Council go into closed gession Eo discuss the it.ems l-isted on the closed session agenda. Motion carried, 4-0. :-. CONFERENEE !'ITH LEGAI EOUNSEL - ANTICIPATED LIT GATION Signif icant exposure to litigation. Government Code Sectlon 54956.9 (b) (3) (C) Num.ber of potential- caees: l- 2. CONT'ERENCE WITII LEGAI COIJ\ISEL - A}ITICIPATED LITIGATION Significants elcpoEure tso litsigaEion. Government Code Section 54956. 9 (b) (3 ) (B) Number of potential cases: 2 3, CONFERENCE WTTH REAI PROPERTY NEGOTIATORS (2) Government Code SecEion 54955.8 a. Parcel No. 6303-010-903 b. 5611 Di6triet Boulevard (a1so listed as 5555 DlstrictgoulevarCt) and 4855 8. 52nd SEreets At 11:45 a,m, it was moved by McConnj-ck and seconded by Maisano, -"hat the Ciey eounel). exlt c1o6ed session. MoEion carried, 4-0. Willard Yamaguchi, Chief Deputy City Attorney. reported Ehat the Council unanimousl-y agreed to accept the elaim of So1 Pak, Inc. Closing documents will be made available for public i.nspection once fina.Iized by a1l parties. The Council unanimously agreed to settle a claim wlt.h lvette Alfaro regarding an ELSA claim. Cloeing documenls will be made availa.ble for pr:Jc1ic inspection once finalized by all parties. The Council unanimousiy agreed to enter inEo a Eolting agreement with the BKJ( Working Group regardlng Ehe BKK l-andfilI in Covina. Page 10 of 11 Regular City Council Meeting Minutes .fanuary 3, 2Ol2 The Council unanimously agreed to the sale of parcel number 6303-010-903 to Culver City Meat Company. The City Clerk announced thaE there were no further icems on the aEenda. At 11 :46 a.m., iE was rnoved by McCo:mick artd seconded by Newmire, bhat, Ehe meeEing be adjourned, MoEion carried. Page 11 of 11 William ,f . EXHIBIT C MINI'TES OF THE SPECIAIJ CITY EOT]NETL MEETI1IG OF THE CITY OF VERNON HE],D TUESDAY, JIJNE 12, 2O)-2, IN IIIE COUNCII, CTIAMBER OF THE CITY T{AIJtrJ IOCATED AT 4305 SAMTA FE AVENUE, VERNON, CALTFORNIA MEMBERS PRESE\III: MM{BERS AIISENT: Davie, Mccormiek, Malsano, Ybarra None The meeLing wa6 ca1led to order at 9:0o a.m. by Mayor Pro-Tem Davis. CouncLlman Malsarlo led Ehe flag salut,e. The City Clerk announced EhaE a second Publtc eomment section will be added to :he agenda after Ehe discussion item. Legal eounEel Dana Reed advised that tshe pubLic ie free to Epeak at either Pulrllc CornmenE, boEh if Ehey chose Lo. The City CLerk announced that thi6 wa6 Ehe time alfotsted for publlc commenE. Mayor Pro-Tem Davie inguired wheeher anyone in the audience wished to address the City Council. There were no commenEs. DIECUsSION ITEIT 1, Review of preliminary Proposed General Fund and Other Enterprise Fund Budgets for Fisca1 Year 20:-2-2013. City Administrator Mark WhitworEh Etated Ehat, Ehe proposed budget encompasses Ehe same delivery of service while understalding the deficiE. The City aims to rely less on l,ight & Power and explore oEher methoclrs of revenue. whitworth advised Ehat the propo6ed budget takes into account the proposed UEj.lity User Tax, Ehe 11.5? Eransfer from IJlghE & Potrrer, and a $3.2 million surplus which is discrecionary money that will be used as reserves or as parE of Ehe cornmunity benefit fund. l{hitworEh explained thaE $5 m1111on Bvas planned for surroundlng communitles, buE EhaE $3 mlllion was Ehe mo€E that would be avaj-Iable. An oversight commi-E,t,ee, which has yet to be formed, will tle responslble for Ehe disbursement of funds. Wtr-iEworth reported chat City Council's account, Account No. 1001, had been reduced Eo $451,000 due Eo all 18t salary redueti.on and a reduction in medical benefiEs. wtricworth reported chat Account No. L002 for City Administration ineludes Ewo nev, positione buE EhaE they do noE have to be filled immediately. He algo reporEed on Ehe srearch flrm process for the position of City At,torney which will a1low for more things to be handled in house thereby reduclng legaf fee6. City Clerk, WiIIard Yamaguchi reported a reducEion in costs of approximately $23,000 for Account No. 1003. Yamaguchi reporEed thac the alepartmenE prevlously had three addlEional full-time personnel, in addition to a full-t,ime Clty C1erk. He explalned his dual- role as Riek Manager. Yamaguchi reported on AccounE no. 1024 for CiEy AcEorney. He advised t,haE the budget has been lncreased in antlelpaEion of Speclal CiEy Councll Meeting Mlnutes ,fune 12, 20L2 the hiring of a fu1I-t:.me CiEy AEtorney. During fiscal year 2011-2012, #2.9 million was budgeEed in ]egal tees. For fiscal year 20L2-2OL2, iL.9 mlllion have been budgeted for unanticipated legal costs. Yamaguchi reported that the departmenE previously had a addlEional tull-time atEorney and additional staff. He advised that he was conducting the duties as CiEy AEtorney along with Special Counsel Dana Reed, and that much of the day Eo day work load have been handled in house. Yamaguchi reported on Account No. 1025 for Risk Management. He explained that the department has been functlonlng lrlth one less employee for over a year due Eo a department traIlsfer, and that -.he posieion has now been filled by a part-time employee. He advised thats the departmene has been getting by wich less. Yamaguchi reported on costs unique to Risk Management including Iiabllity insurance premiums, workers eompensaEion, alrd agsessment fees due to Ehe ciby's pasE involvement in an insurance poo1. Finance Director Rory Burnet.t reported on Account No. 1004 for the Finance DeparEment, which included a $15 million increase in revenues in Ehe proposed utlltty user tax. He reporEed a $282,000 decrease in expenees arrd a $200,000 decrease in consulting fees due to the Eerrnination of the NBS Government Finance croup agreement. Burnett reported on Account No, 1015 for the Treasury DePartment and advised that he is proposing a merger of the two departments. BurneEC reporEed on HDL Softsware, LLC, a tax consultanE !hat, has historically generated the City additional revenues in its audit process. He adwised that revenues are anticipated to increage S1.8 mj.llion but that the calculations take into account the electric rate increases. Director of Business Se:rrices and Personnel MarEha valenzuela reported on Account. Nos. 1016 and 1018. She reporEed a net deerease in salary for both departmenEs due to her anticipated reclremenC ln Decemlcer. She advlsed Ehat drug testing ard pre- employment exams are the Person:rel Department's biggest expense. AssisEant Eo the City Admlnistrator, Alex Kung, reported on the oversight Board to the Successor Agency of the RedevelopmenE Agency, Account No. 1022. He advised thae the expendj-tures reflect the needs of the Overslght Board to keep the Successor Agency operating- The budgeE hae been submlEEed Eo Ehe CounEy's Department of Finance. Kung explained thaE this budget does not affect the City. Money for the expenses ls provided by the County, and that any additional revenue is used --o pay bond debt. fn response to Mayor Pro-Tem Davis, Kung explained LhaE the Iegal feeg included Kane, BaIImer & Berkman, which assists in conducting the oversight Board meetj-ngs, and Orrj-ck, tterrington, & SuEcliff, LLP which handLe any bond issues. Kung clarified that all expenses are paid lrith money issued by the CounEy specifically for these fees, Whitworth reported on the addiEion of Accounts No- 1026 for Human Resourees. lle anticipates thaE Ehrough Ehe Eearch firm procese Ehe posicion of Human Resource Director wiII be Eil1ed wiEhin the monEh. Page 2 of 6 Special City council Meeting MinuEes ,June 12 | 201-2 Interim Police Chief, Danle1 eallerosr reporEed on Accounts No. 1021, Police DeparEment. He reported revenue increases from franchise tow fees and reimburaemenE for salaries from the auto thefE t.eam. Calleros reported an increase in salaries overall due to necessary overt,ime for court appeara.nces and a slight increase in medical benefite. Calleros reported on the loss of four employees and that he does noE intend to replaee Ebem, instead chere have been changes in the deployment sE,raE.egy. He explained that benefits have increased due to the workers compensation hl-6tory, and thae malntenance e:<penses have al-so increased due t,o increased fuel costss. The Police Department uses forfeiture funds Eo conduct unbudgeted maintenance repa1r6. Fire Ctrlef Mark WhiEworth reported on a s1ights increase in Ehe proposed budgeE for the Fire Department, AccounE No. 1033. He reported an increase in overtime, and a decrease in revenue. The Department does noE parEicipate in any strike tseams. AssisEant Fire Chief, Andrew GuEh further elarilied EhaE staffing reguires 23 personnel per day, and that workers compensation injuries have affectsed overtime used to meetr Ehis need. Guth reported on the aglng vehicle fleet and needed repaire. whit.rdorEh advised that at the eurrent leve1 of sEaff,ing w111 maintain a Class I rating, He sEated that if Ehe City Council chooses to deviatse from this elasslflcatlon, he wilf work wiEh Council to make the neeessa-ry changes. In response to Mayor Pro-Tem Davis, whitworth advised Uhats Eo efflciently operaEe at thls leve] that there needs co be multiple engj.neers, and that Ehere has been increased Eraining on all Ieve1s. Guth reporced on Account No. 1036 for Civil Defense. He reporEed on the increased costE due to the Uransfer to the Downey dispatsch center- lrlhitwort.h explalned Ehat the dispaEch center Cook the burden off of the Pollce Deparcment, where the cosEs were previously captured. Dlreetor of Community Serylcee and water Kevin Wilson reporEed on Accoutlt No. L040. He reported a one-Ehird work force reduction since 2004, and that the overall budget for Community Serwices has remained Elat. EnployeeE have been shifted Eo meet priorities. liilson reported that changes in E,he different sect,iorrs were due Eo the transfer of employees. wilson explained Ehats Ehe increase in Account No- 1041 for Building Regulations and Planning was due to the hiring of a consultant Eo assist in the zoning ordinance and general plan update. $lilson reported on AccounE No. 1043 for Public Works, He reporEed that the general fund capital improvement plan originally had a proposed budget of $5 million but tras been reduced down to S3 mitlion. wilson anticipates that S2.8 mllllon w111 be covered by grants. Wilson advised that Accourt. No. 10{6, City Garage, was reduced down from $??8,o00 to $719,000. He reportsed EhaE ttre yilarehouse bualget had been increased due to Ehe result of a transfer. He advised that Ehe City Housing budget had lnereased slightly due to Housing Commission stipends and lncreased tsaxes. Page 3 of 5 Spectal ClLy Council Meeting Mlnut.ee ilune 12 , 2Ol2 Wilgon report,ed an increase in Account No. 1049 for City Building, from $992,000 to 91.56 million due Eo aJI employee reclassifieation, increased utility costs, and anticipated increases in professional senrice conEracL costs due to the new li.ving wagea clause. Hilson reported on Account, No. 1084 for the water Department. He advised that. the deparEment oervee Ehree-guarEers of the City. There is an anticipated 13.5? j.ncrease in the bud.geE due Eo increased salaries caused by department transfers. Supplies and seryiceEi are e><pected to increaee from 54,8 mlllion to $5.3 million. Wilson explalned that, wat.er s,old to the City is expected to increase LOt. Wilson also anticipates an increase for waEer treatmenE In order Eo reduce the effecEs of mag:lesium in the h,ater, ag well as capital projects in order Eo rehabiliEate well 16. In order to cover eaid costs, $Iilson may propgEe a water raEe lDcrease, which would go through the normal public hearing process. leonard crossbergt, Interim Director of Health and Environmental Control reported on Account, No. 1060. Grossberg reported on proposed employee reclassifications in order to avoid job flight. He advised that Account No. 1061 for Solid Waste was increased by S20,000 due to the 9usEainable Development and Energy Efficiency Cornmission budgeE, but, anticipates all ot,her service contracts to remain f1aE, Whitworth reported no changes to Accounts No. 6060 for Fj.re Hazmat.. He explained that the revenues come from a business license tax, and that the funds are limited to certain epending. Kung reported on the 90.02 inerease in the warehouse parcel tax for Aeeount No. 9095. He advlsed that revenues would lncrease from $8.8 million Eo $9.5 million. CiEy Administrator Mark l{hitworEh made a brief presentatsion on City budgets cuts including personnel, employee benefiEe, encouraged early retirement, aod termination of conEracEs. O\rera11 a reduetlon of $11.5 mllllon. Whitworth reported that Ehe CiEy is in Ehe process of conducEing a feasibilley 6tudy for county servieee for both Police and Flre. whltworth reported on Ehe sale of clty asset8 and the i.nvestment in the Tehachapi project as a potential capital verrture or response to the renewable portfolio sEandards, The City has also lmplemeneed Eransiti-onal market rents for CI-Ey owed troueing. The City is looking aE alternative revenue Eources including providing se:nrieee Eo nelghbortng eltleE. Mayor Pro-Tem Davj-s opened the second g,trblic comment secEion and lnqulred whether anyone in the audience wished to address Ehe city Couccil. ilohn Norton of A11 American Asphalts appreciated Yamaguchi's conment,E about worklng witsh less. Norton reporEed on the need t.o attract new buslnesses. In regponse to NorEon's commenE on Civil Defense costss, whlEwort,h e:cplalned EhaE Ehe co6Es were for the dispatch cent,er. PaEe 4 of 6 Speclal City Councll Meeting MlnuE,es June 12, 2OL2 Norton erq)re66ed h.is concerns over Ehe 188 reE,irement costs, and grouP lngurance cosEs EhaE. were equivalent co 17* of salarycosEs. Noreon a16o noted inconsistenci.es in benefl! eo6ts. In respon€e, WhiEworth explained EhaE employee benefl_Es have beenlimtted to stipends. Yamaguchi furEher o<plained factors Ehat contribute to flueEuatlons in benefiE cosEs. NorEon j-nguired on whether some of the street iEprovemenE project,s can be delayed. He also inqulred on Ehe timeline for the budget approval. In response, Whitworth reported that the proposed budget was submitted to the Ctty eouneil on May 29th aE required, and neede to be approved before luly l, 2Ot2. Special Counsel Dana Reed stated that this was the t.1me for public commeDt and not dialog. He advised Ehat a publlc workshop \,rou1d be held on June L3, 20L2, and that an open dialog can be had t.here. Rob Moeek of DouglaE SEeel Supply advised that the City cannot continue Eo geE, consulEants, j-f the employeeE are not e>rperts in their field. He suggested that employees rleed Eo be replaeed- Moeck advlsed EhaE Ehere needs to be a shared burden. He sEated that Ehe employee benefit.s far exceed those of Ehe privaLe 6cctor, and Ehat the 1ega1 fees were exeessive. Moeck questioned whether Ehe City will be able to attract new business ag vacancies, are high and inquired what Ehe Citry was doing to atEract new businesses, The uEility uaer tax was desigmed Eo inereaee revenue, but wondered what would happen if Che top utility users left Vernon. Doug Rosen oE Superior Lithographic reported on his history in Vernon- He was an advocate of the City in Sacramento during e846, and felt the City should remain. He staEed thae hi6 optnlon has ehanged and thaE the Clt,y has not made sacrifices, and thaE iE needs to change how ic is being run. iIuIieE Goff of I(aI Plastlcs recognizes the great servlces from all the departsments buE there are some luxuries the City cannob afford. Goff stated that the City faees a $12 million defieit, had an $11.5 million deflcit from the previous year's coEE cut,s, and received $8 mlIlion due to rat,e increases. She asks thaE the City look at fair numbers and consj-der additiorral reductions. Goff underst,ands that the renewable portfolio standards, the dissolution of t.he Redevelopment Agency, and the Senator De Leon Plan are out of ehe ClEy's conErol, buE opined Ehat t.he naEural gas deal was a major concern. She sEaE,ed EhaE if Che City overtaxes one part of the comnunity, thaE may cauae businesses to relocate and there wll-I create a downward spiral. Don Pennell of the Ligature report,ed thaE he focused on the Police and Fire DepartmenE in hls re.rlew of the budget wlth the Chamber of Commerce. The departmenE6 aceounE for 508 oE t.he work force. In hls revlew of Ehe budget., not much had changed, and Ehere were no =educEions. He commended the reduction in head count for tshe Po1ice Department, buts observed that t.he budget had increased. Based on unit eoet per employee, Pennell ealeulated a 54t in employee benefiEs. He encouraged the City t,o furt,her revi.ew Ehese cosLs. Peter Corselli U.S. Growers CoId SEorage er<preeeed his conlusion Page 5 of 6 Special City Corrrlcll Meet,ing Minutes June 12, 2Ol2 over the approval of Ehe proposed budgeE which j.ncludes a tax trhat had not been voLed on, He recommended EhaE the Clty review a budget thaE doe6 not take into accounE the additional taxes. Corselli advlsed EhaE many of the deparLments heads alluded to costs thaE were discretionary and opined that such eosts should not be included at al-l-. Marisa olguin, President of the Chamber of Commerce, relterated Ehat the Chamber wanEs to work wlth the ClEy Eo resolve the budgeE deflcit and make sure the busj-ness model is sustainable- she reported that several business repreEentatlves Uook time to review the budget. OLguin reported on the delay of public records, and her desire Lo expediEe the process. Olguin suggesEed that the increase of costs for other services, and opined EhaU some departmenEs need more cuEs Ehan others. She encouraged Lhe hiring of persorrnel as needed. She is an advocate of additional Ean<ation but that Ehe soluEion needs Eo be more equitable. olguln reported that fes6 than 50 companies represent 85t of Ehe utlllEy revenues and that over taxaEion may push companies to l-eave Vernon. Olguin encouragred Ehe Council members to atEend the utilit.y user tax workshop scheduled for June 13 , 20L2. In response tso comments made by Norton, BurneEts advised Ehat CaIPERS ha6 a mandaEed 28t eonEribuEion and EhaE erq)Ioyee8 conEribute 8t which i-s the ma:cimum aliowed. Calleros also clarified that there have been no increase in salaries, and thab payroll accounEs for all employee benefits. The City clerk announced that, there were no further items on tshe agenda. At 11:38 a.m., iE was mcved by McCormick and seconded by Ybarra, EhaE the meeting be adjcurned. Motion earried. Page 5 of 5 CUTS GITY HAS MADE o City Council salary and benefit reductions 18% effective June 7 , 2011 - $25,000/year for new terms beginning 2012 benefits July 1,2011Reduced health No annual merit step increases since 2009 verfdfi VERNON EANS BUSINESS 52 Square i#les . 1,800 Companior , 55,000 Workers ' 14.5 Billion Private Employor Papoll CALIFORNIA GUTS CITY HAS MADE r.o*',*r=o' o Employee retirement contribution paid by employee since 201 0 - 8% Miscellaneous -9% Safety o Employee health benefit reductions - 20 10 Health benefit coverage reduced to employees only - 2011 Health coverage monthly stipend implemented verfdfi VEHNON MEANS BUSINESS 5X Squrrc ililes . 1,800 Companies . 55,000 Workus , 04.5 Blllion Privato Em$oyer Payroll CALIFOHNIA CUTS CITY HAS MADE r.o*',*r=r' o Labor force reduced nearly 20% - 327 employees in 2008 - 270 employees currently o No cost of living adj ustment -2007 -2008 -2009 -20 10 - 2011 verfdfi VEHNON MEANS BUSINESS 52 Squarc llilet . 1,800 Companiot . 55,000 Worksrs . N4.5 Billion ftivato Employor Payroll CALIFORNIA GUTS CITY HAS MADE (.o*r,*r=r, o Termination consultants Eric Fresch, Curtis Fresch, Patrick Fresch, Donal O'Callaghan, Jim Moriarty, Jeff Harrison, Avigal Horrow Bob Toerihg, Joe Furnish, Hector Elizalde, Steve Sugermdh, Heather Herndon , LdrrY Weiner (RWG), Project Labor Group, JD Hicks, Jim Bruschera (Trico), Krishna Nand, Dan Christiansen, and Mike Montgomery of contracts of top officials and verd8fi VEHNON MEANS BUSINESS 52 fiuare ifllct ' 1,800 Companies . 55,000 Workers . i4.5 Billion Private Employer Papoll CALIFORNIA GENERAL FUND REDUCTIONS TOTALING $t1.5 MILLION Reduction of Workforce $5,258,138 Employee Medical Benefit Contribution $500,000 No Gost of Living lncreases $1,941 ,557 Employee Retirement Gontribution $2,750,539No Annual Merit lncreases $1,067,856 MEANS BUSINESS anier ' 55,000 llUo,ke,s ' t4.5 Siltio,, P,irrt, Empfoye, payroff CALIFORNIA FURTHER EXPENDITURE REDUCTIONS . Reduced 201 2-2013 City Attorney budget by $1 .1 million Recruiting in-house City Attorney to further reduce legal costs Actively explori ng debt restructuri ng options Ve CALI VERNON MEANS BUSINESS 52 Squarc i#loc . 1,800 Companies . 55,000 Workers . i4.5 Billion Private Emfloyer Payroll FURTHER EXPENDITURE REDUCTIONS (CONTINUEDI . Exploring methods to encourage retirement of eligible employees - 67 employees eligible as of 2012 . County feasibility comparison for Police and Fire services expected July 2012 . Police feasibility study expected August2010 )ity 0 HN of n IA VEHNON MEANS BUSINESS 52 Square Milet , 1,800 Companier . 55,000 Workers , N4.5 Billion Private Emplopr Payroll REVENUE ENHANCEMENTS o Sale of assets Pechiney - Tehachapi wind project o Market rates for housing - $700 r $1,700 per month o Providing public safety services to neighbori ng cities to generate additional revenues VEHNON MEANS BUSINESS 52 Squere [fflos . l,S00Compenioe . 55,000Workus . i4.5 Billion Private Employot Payroll OTHER FACTORS o A few other factors that could positive impacts be discussed at confidential ity reasons. o Service Levels Maintained Demand for City services remains o Calls for City services has not decreased on the City's this time due have significant budget cannot to o City has maintained service levels in spite of cuts VERNON MEANS BUSINESS 52 Squarc Milet , 1,800 Companlot . 55,000 Workers . N4.5 Billion Private Employer Payroll EXHIBIT D MINUTES OF THE REGT'I,AR CITY COI]NCIL MEETING OF THE CITY OF VERNON HEI,D TUESDAY, DECEMBER L7, 2013, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CAIIFORNIA MEMBERS PRESENT: McCormJ-ck, Davis, Maisano, Ybarra, and Martinez MEMBERS ABSENT: none The meeCing was calIed Eo order at 9:00 a.m. by Mayor McCormj-ck. Mayor Pro-Tem Davis led the flag saluEe. CHA}IGES TO THB AGEIIDA Mayor McCormick annormced that Ehere are no changes go the agenda. PI'BLIC COMMENT Mayor McCormick announced Ehat this was the tj-me allotted for pr.:Jrlic commenE, and inquired whether anyone in the audience wished to address Ehe City Council. Southeast political activist for those afflicted by multiple sclerosis ("MS") Sandra Orozco introduced herself as tshe watchdog for Ehe cities of Maywood, BelI, Huntington Park and now Vernon. orozco reportred on her past activist efforEs. She dist,ributed to the Council various articles that she thoughts were of int.eresE, or had personally been j-nvolved with. She expressed her intsenE to atsEend future Vernon City Council meeEings and thanked aIl- for their time. PRBSENTATIONS L. Persorurel Matters - Service Pin Atcarde Mayor McCormick recog'nized Meter Reader Wilfredo Lopez, Police Officer Michael Docherty and Police Officer Ana Quinones for their many years of service as they could noE attend the meeting. 2. Presentatsion by the Flre Chief on the Los ArrgeleE countsy Fire and Para.medlc Feaeibility Study. Fire Chief Michael Wilson presenEed on an analysis of the feasibility for Ehe provisions of fire protecEion, paramedic, and incident services. Wilson presented Ehe Vernon Fire Department's all risk approach and daEa on annual j-ncidents responses. Information on the dedicaEed staff and equipment were presentsed. The Los Angeles County Fire Department ("LACoFD") regional approach was presented. Wilson noted the reduction Eo three fire stations versus the current four witshin 1.5 miles of Vernon's cenEer should LACoFD provide servj-ces to Vernon. Regrular City Cou+cil Meeting MinirEes Decernber L7, 2Ol3 Wilson preeent,ed a comparison of hazardous maEerial senriceE a:rd urban search and rescue between Ehe City of Vernon and LACoI'D. Wilson noted Vernon's Class 1. rating versus LACoE'D's CIasS 4 and its effects on insurance costs. . Wilson highlighted the benefitss of locaL control including response flexibility and cost control.' Director of Finance WilLiam Fox presenEed daEa from the Los Angeles Cor.mtsy Audi.tor-Contsroller ReporE comparing fire distri.gts' fund balance. AddiEional data on LAcoFD's projected a- finances were presented. Fox concluded Ehat projections indicatse thaE LAcoFD w111 need a rate adjustment to address the budget shorEfall,' thie will moi:E likety be accomplished through cost cutting or increased revenue efforEs. Fox preEented vernon Fire DeparEmenE'e revenuE and erq)enses for fiscal year 2OL3-2014. Fox adviEed that based on Ehe current data and LACoFD's proposal, it i.s more cost effectj-ve for the City to keep itss services than to outsource. Additionally, revenues would go to the County and not the CiEy. In a 1o-year projection of yearly costs, Fox noted further savings by keeping the Vernon Fire Department. Fox highlighted various LACoE:D contract concerns. He recommended that if a Eransit.ion Eo LACoFD selirices is conEidered, furEher conEract negoEiations should occur. Wj-lson concluded the presentation, recommending thaE there be no changes to the current service structsure and that t,he Los Angeles counEy Feaslbility Study be received and fi1ed. :'ri,,ri In response to Courcilmember Maisano, Wilson suspectE Ehau tshe incidents reaponse time will indrease, as there will be one less Fire Station aJId coverage concerns if senriceE are provided by LAcolD. Fox further added that the response time is one of the elemenEs in factoring business insurance premiums. He noted that LAcoED has a Claes 4 ra.Eing. In response to Mayor Pro-Tem Davie, Wilson reporEed on the Vernon Fire Department's dutual aid responses. IndependenE Reform Monitor ilohn van De Kamp was pleased with Ehe presentation. He suggested giving LAcoE arr opportunity to comment on the report. IIe agreeE that no action should be Eaken tshis day. I D."r, Richens representing t.he vernon Fireman's Association is in i agreement wiEh the report; however, he advised thau tshe- informaEion on vernon's budget tdoes not capture capiEal expeases. He etq)lained tshat three of the Fire Stations are over 50 yeara o1d and are in need of repai-r; additionally, there is an ageing fire fIeet. Richens opined that Ehe Verflon Fire D€partment's budget needs to be bigger. For comparison pritpoees h6 reported oh ouher fiie department's budget,s and Eheir class raEing. He added that Ehere has been a Et,ep increage ffeeze for the laat five years. He undergtands Ehat the City hbe budget concertrs, but advised that, theee are chingE thaE need to be considered. Page 2 of 14 Regular City Council Meeting Minutes December L7, 2Ol3 In response Eo Mayor McCormj-ck's inquiry on whether Ehere was a representative of LACoFD in attendance, Wilson advised thats a representaEive was invited to the meeEing but Ehat there was none presenE. It was moved by Davis and seconded by Maisano to receive and file the reporE. Motion carried, 5-0. PI'BLIC HBARINCS 1. Pr:blic comnent on Ehe approval of the proposed Ordlnance adopting Building and Fire Codes. Ordinance No. 1217 - An OrdLnance of the City Council of the Citsy of Vernon amendiug variouE sections of Chapters 7, FLre RegulaEions and 24, Building and Constructsion, of the Vernon Munlcipal Code, along with amendmenEs, additions and deletions and adopt,ing by reference the following codee: (1) t,he 2013 California Fire Code, 24 CCR Part 9, (2) the 2013 CalLfornia Buildlng Code, 24 CCR Part 2i (3) tshe 2013 california Electrical Code, 24 CCR Part 3 (4) tshe 2006 Editlon of the ICe Electrieal Code Adninlstrative Provisions; (5) the 2013 California Mechanicat Code, 24 ccR Part 4; (5) the 2013 California Plnmbiag Code, 24 ccR Part 5i (7) the 2013 California Exi.sting Buildlng Code, 24 CeR Part 10; (8) the 2012 International Exieting Bulldtng Code, (9) the 2013 California Residential Code, 24 CCR PaiE 2,5, (10) the 2013 California creen Buitding Standards eode aIBo called the Calgreen Code, 24 cCR Part 11; (11) Ehe 2013 California EDergy Code, 24 CcR Part, 6; repealiug all prior ordinaaceE and parts of ordinances in conflict therewitsh and making exprese findings and determLnations t,hats nodificat,ions to said codee are reasona.bly neceeeary because of local clirnatic, geological or EoPographical condlEions (second readiag) . RecommendaEion: (1) Finds that E,his action is not subject to the California Environmental Quality Act ('*CEQA") as follows: The ordinance j-s not considered a "project" under CEQA which is defined as a whole of an action directly undertaken by a public agency which has the potentsial for resulting in eiEher a direct physical change j-n the environment or a reasonably foreseeable indirect physical change in the environment. Guidelines section 15378(a); Ca1. Pub. Res. Code sectsion 21-065. Under the proposed ordinance, no such activity is being undertaken. Even if t.he ordinance were to be considered a "project" under CEQA, which is not the case, the ordinance would be covered by the general rule seE forth in CEQA Guidelines SecEion 15051(b) (3) which provides that CEQA applies only to projects which have the potentiaf for causing a significant effect on the environment. Where it can be seen wiEh certainty that there is no possibility Ehat the activity in guestion may have a significant effects on tshe environment, the activity is not subiect to CEQA. Here, the ordinance involves the adoption of state-mandaEed construction codes, and t,he revisions Page 3 of 14 Regul-ar Citsy Council Meet.lng MinuEes December 17, 2Ol3 to those codes merely improve Che safety of buildings and will not have any effect on the envj-ronment. (2) Adopt. ordinance amending various sections of Chapters 7 and 24 of Ehe Vernon Municipal Code, along with amendments, additions and deleEions and adopt,ing by reference t.he following codes: (L) the California Fire Code, 24 CCR Part 9; (2) the 2013 Californj-a Buildlng Code, 24 CCR Part 2; (3) the California Electrical Code, 24 CCR Part 3 and the 2005 Edition of tshe ICC Electrical Code Administrative Provisions; (4) the 201-3 California Mechanical Code, 24 CCR Part. 4; (5) the 2013 California Plumbing Code, 24 CCR Part 5; (5) the 2013 California Existing Building Code, 24 CCR Part 10; (7) Ehe 2012 InternaEional Existing Building Code, (8) the 2013 California Residential Code, 24 CcR Part 2.5; (9) the 2013 California Green Building Standards Code also called the CALGreen Code, 24 CCR ParE 11; and (10) the 2013 Californj-a Energy Code, 24 CCR Part 5. DirecEor of Community Services and WaEer Kevin Wilson reported on the staEe's adoption of codes 1n 2013.. The codes will be effective January L, 20).4. Wilson advised that the City has the option to amend the codes. Vernon was act.ive with t.he Code Council throughout the years and made various recommendat.ions before its approval by the stsatse. Wilson recommends adoption of tshe slate codes as it provides regional uniformity since it is supported by mosE jurisdictions. Wilson noted various amendments to t,he state codes which are capEured in the recommended ordinance. Fire Chief Michael Wilson also recommended adoption of the California codes as it. relates to Fire. In response Eo Councj-lmember Ybara, Chief Wilson advised thaE Ehere is no impacE to the businesses or residents, NoEification of the proposed was publicized. Wilson addiEionally clarified that the proposed codes would apply to permits submitted after ,January L, 20L4, a1I other existing permits are grandfathered under the respectj-ve codes until they are a1t.ered. Deput.y City Att.orney ScotE Porter clarj-fied that the ordinance will noE go into effect unEil 30 days afLer iEs adoption daEe. Mayor Pro-Tem Davis sought clarification tso one of the proposed code amendmenEs. Wilson promised t.o look further int.o the inguiry. Ats 10:10 a.m., Mayor McCormick opened tshe public portion of the public hearing on the approval of the proposed ordinance adopting tshe Building and Fire Codes. with no public comment, aE 10:10 a.m., Mayor McCormick continued the public hearing to later in Ehe meeting to allow staff time to follow up on Mayor Pro-Tem Davis' inquiry. The public hearing was reopened at 10:30 a.m. in order to address Mayor Pro-Tem Davis' inquiry. Page 4 of 7-4 Regular City Council Meeting Minutes December L7, 20j.3 9ililson advised that, there was an error 1n the Staff Report as not.ed by Davis, buE that the correct information is reflected in the proposed ordj.nance. At 10:32 a.m. Mayor McCormick closed the public hearing. It was moved by Maisano and seconded by Martinez to adopt Ordinance No. 121-7. A ro11 calL vote was taken: - Councilmember Martinez, yes - Councilmember Ybarra, yes - Councilmember Maisano, yes - Mayor Pro-Tem Davis, yes - Mayor McCormick, yes ' Motion carried, 5-0. CONSENT CAI.EIIDAR It was moved by Davis and seconded by Martinez to approve tshe matters listed on the ConsenE Calendar as presented. Motion carried,5-0. Claime Agaiaets the CIty (to be receLved and flled) 1. None Warrant Registers 2. Ratification of Light and Power WarranE Register No. 354 to record voided Check No. 510409 in the amount of $117.73 . 'i 3. Approval of Cit.y Payroll Warrant Register No. 690, :'l totaling 92,397,728.33, which covers Ehe period of October 20, 2013, through November ]-6, 2013, and consisEs of the following: a. Ratification of direct depositss, checks and Eaxes toEaling 5L,772, 158 .31; and b. Checks and electronic fund transfers totaling s62s , s1O .02 . 4. Approval of city warrant Register No. 1391, toEaling $'733,842.79, which covers the period of November 26, 20L3, trhrough December 9, 2013, arrd consists of the followj-ng: a. Ratification of wlre transfers totaling $471,L42.78; and b. RatificaEion of the j-ssuance of early checks totaling 953, 096. 02; and c. Authorizatj.on Eo issue pending checks totaling $209,503.99. 5. Approval of Light & Power warrant Regist.er No. 355, tot,aling $2,956,529.o3, which covers the period of November 26, 2013, through December 9, 2013, and consj.sts of the following: a. Ratificatj.on of wire transfers EoEaIing $2,895,632.61; and Page 5 of L4 Regular City Council MeeEing Minutes December 17, 2013 b. Ratificatlon of the issuance of early checks totaling $8, 059.19; and c. Authorj-zation to issue pending checks totaling is2,83'7 .23. 6. Approval of Gas Warrant RegisEer No. 144, totaling i2,292,960.95, which covers the period of November 25, 2013, t.hrough December 9, 2013, and consists of t.he following: a. Rat.ificatj.on of wire transfers totaling fi2,282,337.64; and b. Ratification of the issuance of early checks Eotaling $340. 00,' and c. AuEhorization to issue pending checks Eotaling $10,283.31. coEmunity Servicee and Water Departments 7. Building DeparEment ReporE for the monEh of November 20l-3, to be recei-ved and filed. FLnance Departments 8. Resolution No. 2013-100 - A ReEolution of the City Council of the City of vernon approving and adoptJ.ng an updat,ed Erq)enee Reirnbureement Pollcy for certaLn erq)enaee of Citsy Councll Membere and City Employees and repeallng Reeolutioa No. 2013-84. Recommendation: (1) Find thaE adopEion of t.he proposed resolution updating Ehe Travel and Expense Reimbursement eolicy is exempt under Ehe California Envj-ronmental Quality Act ('CEQA") in accordance with SecEion 15061(b) (3), Ehe general rule that CEQA only applies to projects that may have an effect on tshe environment; and (2) Approve t.he resolution which provides additional clarification relat.ed to mileage reimbursement.. The modifications recommended are needed to clarify the appropriate calculation of reimbursable mileage both for mid-day driving and driving Eo and from desEinations other than the normal work location. Fire Department 9. Activity Report for the period of November 16, through Novernlcer 30, 2013, to be received and filed. Health and Environment,al Control Departsment 10. November 2013 Monthly Report, to be received and filed. 11. Ratify Authorization for Extension of Contsracts with California Environmental Protectioa Agency and Vernon City Environmental Healt.h CUPA Agreement No. GLO-UPA113 - AruendmenE 2. Recommendatioa: (1) Find that approval of the forms of contract and of relatsed documenEs are exempt under the California Environmental Quality Act ("CEQA") in accordance with Page 5 of 14 Regular City December 17, Police Department 12. Activity Log and Statistical Activities for the period of 30, 2013, Eo be received and NTW BUSINESS Council Meeting Minutes 20l-3 secEion 15051(b) (3), the general rule that CEQA only applies Eo projects that may have any effect on the environmenE,' and (2) Rat.ify the conEract extension with California Environmental Protectj-on Agency. summary of Arrest and November 16, through November fiIed. City Administration Department 1. Approval of Amendment No. 1 t.o Ehe AgreemeEt with Solari Enterprises, Iac. for Thlrd Pargy Property Management Services of A11 City of vernon Ouued Houeing to Increaae Ehe Total conEract Amount. ReconmeDdation: (1) Fj-nd that approval of the Proposed award of a contract for third party property management services is exempt under the California EnvironmenEal Quality AcE (CEQA) in accordance wj-th section L5051(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve Amendment No. 1 to the June 1, 2013 Services Agreement wi.th soLari Enterprises, Inc. (in substantially the same form sulcmitted) for third party residencial property management servi-ces for all CiE.y of Vernon owned residential properties to increase Ehe total not to exceed amount of the Agreement to $5s,000 . Assistant to City Administ.rator Kristen Enomoto reported on Ehe contracting of Solari Enterprises, fnc. ("Solari") by Ehe Vernon Housing Commission ( "vHC" ) as the t.hird party property management firm for City owned housing. she noted Ehat at the time it was uncertain what the repair and maintenance costs and needs would be. The VHC's maximum authority for agreements is $25,OOO; Solari's agreement was approved pursuanE to this threshold. The City has since found Solari's labor and equipmenE rates to be more cost effecEive or comparable to that of the City's. rn review of the activity over the last six months, the average monthly cost is $3,500 which also captures unit turnover cosE. Enomoto reported on tshe cost breakdown. A $40,000 increase to the Solari agreement is requested. The amendment is being addressed at the City Council meeting as the cost exceeds the vHC's authorj-ty. Councilmember Ybarra expressed his concerns on whether the costs are being accounted for and inquired whether there was a fla! fee. In response, Director of Community Services and water Kevin Wilson advj-sed that staff is esEablishing procedures and tracking costs. Enomoto noted the one-year agreement. There were a 1ot of uncerEainEies when the contract was approved, the limited one-year agreement will a1Iow staff to assess and Page 7 of 14 Regular City Councll Meeting Minutes December ]-7, 20L3 revisit the services at the term of the agreement.. Enomot.o explained thats high costs for each month are not anticipated. Enomoto reported on the VHC'S desire for t,he Huntington Park ("HP") units to be sold. Additionally, there was discussion on the bifurcation of the HP unit.s from the Vernon units. The matter will be discussed furtsher at the next VHC meeting. The VHC caI1ed specific attention to the high costs associated with t,he HP unit Eurnover which is included in the amendment cosE request,. Mayor Pro-Tem Davis advised Ehat the City is saving on costs by ouEsourcing the work to Solari buE lnguired how the response time is affected. In response, Enomoto explained that there are some instances where Solari is not equipped to perform the service. In which case, Ehe City will address the need, or further contracted the work. However, Enomoto advised that Solari is equipped Eo address mosE of t.he basic repairs. Wilson advj-sed tshat there are few cases where Ehe CiCy did noE agree with Ehe Solari prices and instead conducted the work themselves. In response to Mayor McCormj-ck, Enomoto advised that if Solarj- is negligent, further response to the issue would not be rebilled. The City is billed for work belng done. The flaE management fee covers the visit to assess Ehe issue. It was moved by Ybarra and seconded by Maisano tro approve AmendmenE No. 1 to the Solari Enterprj.se, Inc. Agreement for third party property management services for all City owned housing. Motj-on carried, 5-0. Fire DeparLnent 2. Approve the Urbaa Area Securtty Inltlative (.UASI') 20L2 Purchase of Personal ProtecEive Clothlag for the Fire DepartEeDC. Recommendat,ion: (1) Find thaE approval of Ehe proposed purchase is exemPt under the California Environmental Quality Act ("CEQA") in accordance with Section 15051(b) (3), the general rule that CEQA only applies to projects tshaE may have an effect on the environmenE; and (2) Authorize t.he Fire Department to purchase sixty-six (55) seEs of EurnouE gear, consisting of a turnouE coat and tsurnouE pants from L.N. CurEis & sons in Ehe amount of $137,441.37, and find that doing so is exempt from the public bidding requirements pursuant to Vernon Municipal Code 2.L7.12 (A) (5) . A11 but 525,999.37 of this amount would be reimbursable through federal grant funds. Fire Chief Michael Wilson explained that the Department was successful in converting training grant funds Eo equipment grant funds. The City will be responsible for approximatsely $26,000 of Ehis purchase. The proposed complies wit,h the city code; Ehe purchase is exempt from the public bidding process as Ehe City 1s using Laguna Niguel's purchase i.n order to piggyback a lower rate. Page 8 of 14 Regular City Council Meet.ing Minutes December 17, 2013 Although not required, guotes for similar equipment were obEained; they confirmed that the proposed equipment cost is reasonable. L.N. CurEis & Sons was selected as the vendor, they have been used in t,he past, and Eheir equipment j-s superior. Wilson explained the need for the equipment as they have a limiEed lifespan. Normal replacement and equipment cost for the year is approximat.ely $18-22r.oOO. Wilson recommends approval as this provj-des j-nventory f or all. It was moved by Ybarra and seconded by Maisano to approve t,he Urban Area Security Init.iat.ive 2012 purchase of personal protective clothing for the Fire Department.. Motj-on carried, 5-0. Hea1th Department 3. Request for Authorization to Receive and Spend Grant Funding for the Beverage Container Recycling and Litter Abatsements Activities (eity/County PalEnent Progran) FY 20L3-20L4. Recommendation: (1) It is recommended that the City Council find that approval of the request for authority to receive and spend grant funds are exempt from the California Environmentsal Quality Act ("CEQA") in accordance with Sectj-on 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) In addition, it is recommended that the City Council adopts the reguest for authority to receive and spend grant funds under the Beverage ConEainer Recycling and LitEer Abatement Activities for FY 2013-2014. Director of Health and Environmental Control Leonard Grossberg advised that the Department applies for the grant every year and uses the funds to promote recycling programs. As done in the past, contractor K,J Services will be implementing the activiEies. In response to Mayor McCormick, Grossberg reported Ehat the grant is for $5,000. It was moved by Davis and seconded by Martinez Eo auEhorize the receiving and spending of grant funds for the Beverage Container Recycling and Lj-tter Abatement Activities. Motion carried, 5-0. Light. and Power DeparEment 4. Requeet Approval to Pursue Request for Infomation for Wind and Solar Energy ProJect Ln Vernon Oqraed lilawbone Canyonl Fee Lands. Recommendation: (1) Find that the approval requested is exempt under the California EnvlronmenEal Quality Act ( "CEQA" ) in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that actions that have no effect on the environment are exempt from CEQA, because the proposed Request for Information ( "nFr" ) 1s not an approval or commitment by the City of Vernon Eo engage Page 9 of 14 ReguLar City Council Meeting Mj-nutes December L7, 20L3 in any project or to pursue any defined course of act.ion; and (Z) authorize staff to issue a Requests for Information ("RFI") tso soLicit information from third parties to aI1ow the city to assess its options for t.he development of the [,Jawbone Canyon] sj-te as a wind farm or combination wind farm and solar farm (the "Project"). The RFI may ident.ify potential bidders and/or developers for a possible future Request for Proposal ("RFP"). The RFI is not a solicitation or request for proposals that will result in a contractual relationship wiLh Ehe Clty of vernon or commit E.he City to enEer into a further agreement wlth any responding party. Director of Light and Power Carlos Fandino announced that the Fee Lands are not located in Tehachapi but. located in ilawbone Canyon. He directed that the Fee Lands and reference to Tehachapi be corrected to ifawbone Canyon ("Jawbone"). Tehachapi should be stricken from the Staff Report and RFf on Ehe proposed and replaced with Jawbone. Fandino explained that the purpose of the RFI 1s to solicit third party vendors to present new technology Eo Vernon. The City could then assess what it could develop 1n the region in order to fulfill the renewable portfolio standards ("RPS"). In response to Mayor McCormick's inquiry on construction costs and timing, Fandino e>plained that technology information is being requesEed. Fandino confirmed for Councilmember Ybarra that no negotiation or commitment 1s being requested. In response to councilmember Maj-sano, Fandino advised t,haE RFf ouElines the information that the Cit.y is looking for. t.he Ehe in 5-0. It was Request Vernon moved by Ybarra and seconded by Maisano tso approve for Information for Wind and Solar Energy Project owned [ilawbone Canyon] Fee Lands. Motlon carried, DISCUSSION TTEMS AND POSSIBI,E DIRECTIVBS TO STAFF Dlecueeion of Propoeed Draft Ordinance to Bsta.blish VernoD CornnIrNITY Fund Grant Comnittee. Reconmendation: (1) It is recommended that the City Council hold a discussion regarding the proposed draft ordinance to esE.ablish the Vernon commUNITY Fund Grant Committee. The draft ordinance is nearly complete and staff believes this would be an appropriaEe time to receive feedback and any further directj-ves from the City Council, as well as any feedback from the pr:b1ic, prior to finalizing and presenting the ordinance for a first reading on January 21, 2014. Legal Counsel Dana Reed reported on the project process Originally the Environmental and Community Benefit Fund, Ehe Vernon CommUNITY fund ("VCF") was approved in August of 2013 which set forth parameters for the grants commiEtee, .femmott 1.the Page 10 of L4 Regular City Council MeeEing Minutes December 17, 2013 Rollins Inc. (".Temmott") was contracted to assist with the proj ect. The proposed draft ordinance incorporates Ehe VCF parameters and procedural safeguards from the vernon llousi.ng Commission Ordinance. With the assj-stance of ifemmott best practices were incorporated. Reed noted that the VCF made no financial commitment. Reed reported and explained the two classj-fications of eligible grant fund recipients. He reported on Ehe duties of the Executive Director which includes the review of applications to deEermine eligibilicy. The goal is t.o ensure thaE Ehose applicant.s considered are real and capable of achieving goa1s. Reed reporEed on the proposed process if applicants are found to be ineligible. There are two criteria for the allocation of funds ' Reed explained that at least 252 ot funds should be awarded to capital projecEs with life expectancy of at leasE 10 years. The rest of the funds can be awarded to core servi.ce projects. Both of which must serve the communiEY. The grant committee will meet twice per year to review applicatsions from the eligibility poo1. The applicaEion is submitted online in an open and transparent process. Reed reporEed on the eligibility criteria for grant recipients. He noted the substsantial conffict of j-ntserest procedures. Reed hopes that Ehe VCF will be a model for these types of rl: activi.ties. Staff is working diligently Eo address open ended ;r concerns in order to present the flnal ordinance for its firsE +: reading. Reed advised that the application website will ready ::'t], early next year. In response to Councilmember Ybarra, Reed further clarified the allocat.ion of funds. In response to Mayor McCormick, Reed advised Ehat the Grant Committee will be subject to the Brown AcE requirementss. A minimum of four affirmative votes is necessary to award funds. Reed further advised Ehat the Committee wiLl be made up of members as ouElined in Resolution No. 2013-75. Jemmott has begun identifying gualified representatives for an eligibility list. IndependenE Reform Monitor John Van de Kamp sought clarification on whether the Executive Director is the City Adminj-straEor and wheEher the funcEj.ons would be delegated to staff. CiEy Administ,rator Mark Whitworth confirmed and advised that there would be a righE hand person to ensure the process is foll-owed Ehrough. Van de Kamp noEed that funds for multiple year grants musE be available within the approval year's budget. He opined that this could limiE the vCF and asked staff to reconsi-der the restricti-on. In response tso Councilmember Ybarra, Reed explained that the $250,000 award limit applies to a single se:rrice grant. The limit does not apply to capital projects. Page 11 of L4 Regular CiEy Council Meeting Minutes December 1,7, 2OL3 fn response to Van de Kamp, Assistant to City Adminj-strator Afex Kung confirmed that design cosEs would be considered part of a capital project. Dj-rector of Community Services and water Kevin Wilson further confirmed that design acqui-sition of property is considered part of capit.al costs. Councilmember Ybarra opined that the draft ordinance was good as presented. ORAIJ REPORTS Police Chief Daniel Calleros reported on the discovery of narcotics which were attempted to be shipped on December 5, 2013. The investigat.ion is on-going; Detect.ives will be conducting further investigation as to t.he person making the shipment. On December 14, 2013, patrol staff conducted a DUI checkpoint j-n Che area of SanEa Fe Avenue and 38th Street which resulted in one DUI arrest. The operation was funded through grant funds provided by the Office of Traffic SafeEy. Calleros advised thaE over Ehe past few weeks patrol staff have observed a number of vehicles cruising through Ehe Citsy on Sunday nights from approximately 7:00 pm to midnight. Patrol staff is working with Los Angeles Police Department to address Ehe issue, conducting traffic enforcement to suppress the cruising. On December 1-5, 20L3, patrol staff investigaE.ed a t.raffic accident, involving a transportation van and Metro bus. A power pole was severely damaged. Several bus passengers were transported to local hospitals but with non-life threatening i.njuries. The cause of the traffic accident is sti11 under investigation. Calleros thanked the Council for Ehe additsional holldays and wished all a safe holiday. Captain Michel Gillman reported vandalism on a bus shelter. Mayor Pro-Tem Davis reported vandali.sm on Slauson Avenue on the corner of Boyle Avenue. Mayor McCormick reported vandalism on the traffic control box outside City HaIl. Fire Chief Michael Wilson reported drive effortss and the distribution on the passing of two retired Fi-re and Don Combs. on the Spark of Love t.oy of the toys. Wil-son reported personnel, Thomas Lee Scot! Wilson reported on the confj-ned space training for December. Vlilson advised that the Fire Department had also responded Eo the traffic collision between the transportation van and Metro bus on Decemlcer L6, 20L3. On December 7, 20L3, crews responded to a security guard that was trapped under a wrought iron security gate. The patient was transported Eo USC Medical Center. Di-recLor of Community Servlces and water Kevin Wilson provlded an update on the housing project, advising thats construction plans had been received and sent for review. Wilson noted that staff had a few comments on the plans but that most of tshe Page 12 of 14 Regular City Council Ueeting Minutes December 7-'7, 201-3 criteria had been met. Staff is working with HealEh and Envj-ronmental Control to get closure on the site from the Department of Toxic Substances Control. Director of Light, and Power Carlos Fandino report.ed on Ehe t.raffic collision between the Eransportation van and Metsro bus on December L6, 20L3. Petrelli crews also responded and were able to troubleshooE and reenergize t.he circuit. The damaged power pole was replaced; the power ouEage lasted approximat.ely one hour and thirty minutes. Fandino reported on the completion of the first stage of the Substation Circuit Breaker Replacement Project; bond money is being used for Ehe installation. Fandino reported on Ehe incident of March 25, 2012, wherej.n heavy rain and extreme winds damaged 15 power poles along the Los Angeles River ("LA River"), ten on which were CiEy of Vernon's. Aft.er t.he incident, the IJA River ProjecE began tso protect and increase reliability of source Eransmission lines along the LA River. Fourteen poles have been replaced using capital funds; the project was completed in t,hree stages to minj-mize customer interruption. Finance Director William Fox reported on the distribuEion of business lj.cense tax forms. Fees are due by t.he end of ilanuary 2OL4. Fox advised Ehat the actuarial report for the financial audit is sti11 pendj.ng, but, noted that the City will noE miss any filing requiremenEs as a result. Director of Health and EnvironmenEal Control Leonard Grossberg report.ed on the cont,inue monitoring of the Exide Technologies issue. He announced the Sust.ainable Developments and Energy Efficiency Commlssion on January 18, 2013, at 3:30 p.m. Human Resources Direct.or Teresa McAllister reported on the conclusion of Ehe health and benefits open enrol1ment., She announced that the classification and compensation study will be presenEed at, the nexE City Council meeEing. ImplemenEatj-on will take place after the reguired negotiatsion of all tshe bargaining units. She wished all happy and safe holidays. Mayor McCormick thanked McAllist.er for coordinating Ehe holiday party as it was a good morale booster. Assiseant t.o City AdminisErator AIex Kung reported Ehat Whole Food's Board of DirecEors had approved the purchase of the Angelus Can property. The closing of the sale should occur wiEhin the nexE week. City Administ.raEor Mark Whj-tworth reported on the Advisory Committee on Electric Rates Meeting held on December 4, 2OL3. Additionally, he reported on tshe Vernon Housing Commission Meeting held on December !1, 2013. Whitworth reported on his and sEaff's atstendance Eo a Ma)rwood City Council meeting. lle congratul-ated Kung on the near completion of the sale of the Angelus Can property. Whitworth announced the nomination period for the April 2014 E1ect.j.on. The next issue of the Vernon Quarterly will be out by Page 13 of 14 Regular CiEy Councll Meeting MinuEes December L7, 20L3 the end of the year. Independent Reform monitor ilohn Van de Kamp w111 be complet.ing his six-month report early 2014. Whitwort,h announced the California Contract Cities Associat.ion 4?th Annual Sacramento Legislative Tour in Sacramento and eneouraged all Department Heads and Councj.lmembers to attend. Today's meeEing addressed significant issues, WhitworEh t.hanked all for Eheir work and input. He reminded all Ehat tshe January 7, 207-4, City Council meeting is cancelled. He thanked Ehe City Council for Ehe approval of Ehe addiEional holidays in the upcoming weeks and wished all happy holidays. The City Council echoed the holiday wishes. With no furtsher business, at 11:42 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Deputy Clty Clerk Page 14 of 14