2015-08-04 City Council Agenda Packet (Amended)California 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 Office of the City Clerk 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 Office of the City Clerk 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, August 4, 2015, 9:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Luz Martinez, Council Member
Melissa Ybarra, Council Member
Yvette Woodruff-Perez, 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.
PRESENTATIONS
1. Senator Ricardo Lara’s (33rd Senate District) Young Senators Program.
2. California Highway Patrol “10851” Grand Theft Auto Recovery Award.
3. Badge Presentation Ceremony for new Fire Engineer, Jason Rosa.
4. Financial update for Fiscal Year ending June 30, 2015.
Regular City Council Meeting Agenda
August 4, 2015
Page 2 of 8
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
5. None
Warrant Registers
6. Approval of City Warrant Register No. 1429, totaling $2,132,199.60, which covers the period of
July 14, through July 27, 2015, and consists of the following:
A. Ratification of wire transfers totaling $1,757,002.24; and
B. Ratification of the issuance of early checks totaling $193,300.61; and
C. Authorization to issue pending checks totaling $81,896.75.
7. Approval of Light & Power Warrant Register No. 394, totaling $6,189,431.15, which covers the
period of July 14, through July 27, 2015, and consists of the following:
A. Ratification of wire transfers totaling $6,108,687.04; and
B. Ratification of the issuance of early checks totaling $52,073.95; and
C. Authorization to issue pending checks totaling $28,670.16.
8. Approval of Gas Warrant Register No. 182, totaling $23,095.04, which covers the period of July
14, through July 27, 2015, and consists of the following:
A. Ratification of the issuance of early checks totaling $16,722.05; and
B. Authorization to issue pending checks totaling $6,372.99.
9. Approval of RDA Obligation Fund Warrant Register No. 25, totaling $7,000.00, which covers the
period of April 2, through July 27, 2015, and consists of the following:
A. Ratification of the issuance of early checks totaling $7,000.00.
10. Approval of Asset Forfeiture State Warrant Register No. 1, totaling $124,960.00, which covers the
period of July 14, through July 27, 2015, and consists of the following:
A. Ratification of the issuance of early checks totaling $124,960.00; and
Regular City Council Meeting Agenda
August 4, 2015
Page 3 of 8
City Administration Department
11. Report on Contracts Exempt from Competitive Selection by the City Administrator.
Recommendation:
A. Receive and file this report as it is being provided for informational purposes only pursuant to
Section 2.17.12(B)(3) of the Vernon Municipal Code.
Fire Department
12. Activity Report for the period of July 1 through July 15, 2015, to be received and filed.
Police Department
13. Activity Log and Statistical Summary of Arrests and Activities for the period of July 1, through
July 15, 2015, to be received and filed.
Public Works, Water and Development Services Department
14. June 2015 Monthly Building Department Report, to be received and filed.
NEW BUSINESS
City Administration Department
15. Ratification of Mayor’s Appointment of Eligible Individuals to Serve on the Vernon Housing
Commission for New Four-Year Terms Beginning August 11, 2015 and Ending June 30, 2019.
Recommendation:
A. Find that ratification of the Mayor’s appointment of eligible individuals requested in this staff
report is exempt from 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
B. Ratify the Mayor’s appointment of the following eligible individuals to serve on the Vernon
Housing Commission for new four-year terms beginning August 11, 2015:
Mayor’s Appointment Eligible Appointment Category
John Kriste (Incumbent) Resident (Non-City Council member)
Steve Florman Business Representative
Kyle Cooper Business Representative
Hector Garcia (Incumbent) Business Employee
Regular City Council Meeting Agenda
August 4, 2015
Page 4 of 8
16. Proposed “Opt-Out” Opportunity for Vernon Tenants Impacted by the Vernon Housing Remodel
Project.
Recommendation:
A. Find that approval and authorization of the proposed “opt-out” option related to the remodel of
City-owned housing units 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
B. Approve and authorize staff to provide the seven tenants impacted by the proposed Vernon
Housing Remodel Project an “opt-out” opportunity.
Fire Department
17. A Resolution of the City Council of the City of Vernon approving and authorizing the execution
of a master lease purchase agreement by and between the City of Vernon and Oshkosh Capital for
two 2016 Pierce PUC Triple Combination Pumpers.
Recommendation:
A. Find that approval of the proposed resolution is exempt from California Environmental Quality
Act ("CEQA") review, because it is an administrative purchasing activity that will not result in
direct or indirect physical changes in the environment, and therefore does not constitute a "project"
as defined by CEQA Guidelines section 15378. Furthermore, even if it were a project, because
such activity will not have any effect on the environment, this action would be exempt from CEQA
review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
B. Adopt the resolution establishing the terms set with Oshkosh Capital for the recently approved ten
(10) year Lease-Purchase Agreement for two (2) 2016 Pierce PUC Triple Combination Pumpers.
Gas and Electric Department
18. A Resolution of the City Council of the City of Vernon approving an amended City of Vernon
utilities department rules for electric service.
Recommendation:
A. Find that the approval of the City of Vernon Revised Electric Rule No. 2 is exempt from California
Environmental Quality Act (“CEQA”) review because it is general policy and procedure making
that will not result in direct or indirect physical changes in the environment, and therefore does
not constitute a “project” as defined by CEQA Guidelines §15378; and
B. Approve the resolution to thereby, amend Section (H.2) of Rule 2 of the City of Vernon’s Rules
for Electric Service to state that effective August 4, 2015 customers being served by the Customer-
Financed Added Facilities shall pay a monthly charge of 0.33% of the amount advanced, and
customers being served by City-Financed Added Facilities shall pay a monthly charge of 1.0% of
the additional cost associated with the Added Facilities. Changes are being requested to the
following City documents: Electric Service Rule No. 2 - Description of Service.
Regular City Council Meeting Agenda
August 4, 2015
Page 5 of 8
19. A Resolution of the City Council of the City of Vernon approving and authorizing the execution
of an added facilities agreement by and between the City of Vernon and Grand Packaging Inc.
Recommendation:
A. Find that the approval of an Added Facilities Agreement with Command Packaging is categorically
exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines
§15301(b), because this approval will merely lead to the possible construction of additional laterals
and related meters to deliver electric service, and such construction is, at most, a negligible
expansion of the existing facilities of the City’s electric utility; and
B. Approve the resolution to thereby permit the execution of an Added Facilities Agreement by and
between the City of Vernon and Grand Packaging Inc. pursuant to Rule No. 2.H which provides
long-term benefits for the Customer and the Department.
20. A Resolution of the City Council of the City of Vernon approving and adopting the natural gas
rebate program for customers connected to the City’s gas distribution system.
Recommendation:
A. The City Council find that the approval of a CARB Rebate Program 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
B. Adopt a resolution approving, establishing and implementing a natural gas CARB Rebate Program
to customers connected to City’s gas distribution system. The Program will be funded through
rate schedule, “G-CARB” covering the cost of greenhouse gas emission allowances associated
with the “cap-and-trade” program initiated by the California Air Resources Board (“CARB”); and
C. Find that the Natural Gas Rebate Program as attached to the resolution be approved with an
effective date of September 1, 2015.
21. Request for Approval of an Agreement with Absolute International Security, Inc. in Response to
the City’s Request for Proposals for Unarmed Security Guard Services.
Recommendation:
(Items A-C)
A. Find that proposed agreement by and between the City of Vernon and Absolute International
Security, Inc. (“AIS”) is 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 a significant effect on the environment, because the agreement does not
have an impact; and
B. Accept the proposal from AIS as the most qualified and cost effective respondent, rejecting all
other proposals; and
Regular City Council Meeting Agenda
August 4, 2015
Page 6 of 8
C. Award and authorize the execution of the services agreement by and between the City of Vernon
and Absolute International Security, Inc., in substantially the same form as submitted with the staff
report, for unarmed security guard services. The proposed contracted services equate to a total
compensation amount not-to-exceed $253,294.00 per year, with an incremental increase of up to
5% to be considered over the three (3) year term of the agreement.
Human Resources Department
22. Adoption of City of Vernon Personnel Policies and Procedures, Harassment/Discrimination Free
Workplace III-7 (new format) and Voluntary Respiratory Safety Equipmen t – Non-Safety
Personnel VI-1 (new).
Recommendation:
A. Find that approval of the proposed personnel policy and procedures is exempt from California
Environmental Quality Act (“CEQA”) review, because it is a general policy and procedure making
activity that will not result in direct or indirect physical changes in the environment, and therefore
does not constitute a “project” as defined by CEQA Guidelines section 15378. Furthermore, even
if it were a project, because such activity will not have any effect on the environment, this action
would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have a significant effect on the
environment; and
B. Adopt the Personnel Policy and Procedures, Harassment/Discrimination Free Workplace III-7
(new format) and Voluntary Respiratory Safety Equipment – Non-Safety Personnel VI-1 (new)
and incorporate into the Personnel Policies and Procedures Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute and distribute
the above-referenced policies to all employees.
Police Department
23. Authorize the Donation of 2005 Chevy Tahoe to the City of San Fernando Police Department
Reserve Officer Program.
Recommendation:
(Items A-C)
A. Find that approval of the proposed donation 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
B. Authorize the donation of a surplus 2005 Chevy Tahoe Patrol Vehicle, to be conveyed to the City
of San Fernando Police Department Reserve Officer Program; and
Regular City Council Meeting Agenda
August 4, 2015
Page 7 of 8
C. Enter into a donation and release agreement, in substantially the same form as submitted with the
staff report, with the City of San Fernando Police Department, to use and retain as needed by the
Reserve Police Officer Program.
Public Works, Water and Development Services Department
24. 5-Year Capital Improvement Plan 2015-2020.
Recommendation:
A. Find that review of the proposed 5-Year Capital Improvement Plan FY 2015-20 is not a project
pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)
because such activity has no potential for resulting in any change (direct or indirect, physical or
otherwise) in the environment, is purely administrative in nature and concerns general government
fiscal activity that does not involve any commitment to any specific project; and
B. Review and provide direction and comments regarding the proposed 5-Year Capital Improvement
Plan.
ORDINANCES
25. Approval of the following ordinances Granting U.S. Tow, Inc. and Mr. C’s Towing of South Gate
Inc., A Franchise Towing Services Agreement:
Ordinance No. 1231 - An Ordinance of the City Council of the City of Vernon granting to
U.S. Tow, Inc., a franchise towing services agreement.
Ordinance No. 1232 - An Ordinance of the City Council of the City of Vernon granting to
Mr. C’s Towing of South Gate, Inc., a franchise towing services agreement
Recommendation:
A. Find that approval of a services agreement with US Tow Inc. and Mr. C’s Towing 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 a significant effect on the
environment; and
B. Hold the first reading of the proposed Ordinance granting to U.S. Tow, Inc., a franchise towing
services agreement; and
C. Hold the first reading of the proposed Ordinance granting to Mr. C’s Towing of South Gate, Inc.,
a franchise towing services agreement; and
D. Authorize the Mayor to execute the franchise agreements on behalf of the City.
Regular City Council Meeting Agenda
August 4, 2015
Page 8 of 8
DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF
26. Discussion of Proposed Elimination of Priority for First Responders in Leasing City-Owned
Housing.
Recommendation:
A. Hold a discussion regarding the joint recommendation made by the Housing Commission and City
staff to eliminate the priority for first responders in leasing City-owned housing.
B. If the City Council concurs with the aforementioned recommendation, direct staff to prepare an
ordinance to amend Section 2.125(b) of the Vernon Municipal Code to remove the first responder
leasing priority, effective at 5:01 p.m. on December 8, 2015.
ORAL REPORTS
27. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
CLOSED SESSION
29. CONFERENCE WITH REAL ESTATE NEGOTIATIONS
Government Code Section 54956.8
Property: 3200 Fruitland Ave Vernon CA
Agency Negotiator: Mark Whitworth, City Administrator/Alex Kung, Economic Development Manager
Negotiating Party: 3200 Fruitland GAP, LLC, Xebec
Under Negotiation: Price and Terms of Assignment and Assumption of Purchase and Sale Agreement
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 30th day of July 2015.
By: ________________________________
Maria E. Ayala, City Clerk
RECtrIT/ED
JUL Z g Zo15
CIIY Cl.ER('S OFFICE STAFF REPORT
VERNON POLICE DEPARTMENT
CITY AD
FROM:
RE:
August 4,20'15
Honorable Mayor and Council Members
Daniel Calleros, Chief of Police tlr
Awards Presentation
Recommendation
The Vernon Police Department (VPD) in conjunction with a representative from the California
Highway Patrol (CHP) will conduct an award presentation for the recipients of the CHP "10851"
Grand Theft Auto Recovery Award.
Backqround
The "10851" Grand Theft Auto Award is named after the California Vehicle Code section relating
to the theft of motor vehicles. The award is sponsored in collaboration between by the CHP and
AAA lnsurance, and recognizes police officers throughout California who have been proactive in
recovering stolen vehicles and apprehending criminals specifically involved in auto theft.
The 10851 pin is awarded to uniform officers who, during a 12-month period, have achieved any
of the following criteria:
1. Made six separate theft recoveries cleared by anests.2. Recover twelve (12) stolen vehicles, of which a minimum of three (3) must be cleared by
arrests.
Vernon Police Officers Fernando Valenzuela and Luis Vasquez have achieved this benchmark
once again. This will be the ninth award for Officer Valenzuela and the third award for Officer
Vasquez. Both officers are very proactive in auto theft investigations and are leaders in annual
auto theft arrests. very few officers ever receive this award given the specific requirements.
Fiscal lmpact
There is no fiscal impact to the City general budget.
Attachment(s)
None
RECE!\/ED
JUL 2 9 2015
CITY CLERK'S OFFICE
DATE:
TO:
FROM:
RE:
STAFF REPORT
FIRE DEPARTMENT
August 4, 2015
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief lUlL
Originator: Adriana Ramos, ndffi&fiive Secretary
Badge Presentation Ceremony
.trCEIVED
.tJL 2 E 2015
IY Iil]NiINISTRATION
Recommendation
Fire Chief, Michael A. Wilson, to present badge and recogrrition to the Fire Departrnent's newly
promoted Fire Engineer, Jason Rosa.
Background
Every two yearc the Fire Department conducts an intemal written and practical examination for
the position of Fire Engineer in order to establish a promotional list. A position recently became
available for the rank of Fire Engineer. Based on the promotional list created, it was determined
that Firefighter Jason Rosa be promoted to the Fire Engineer position.
f iscal Imoact
None.
Attachment(s)
None.
Page 1 of 1
City Council Meeting
August 4, 2015
City of Vernon
Year-End Financial Update
Overview
•Fiscal Year 2015 Financial Results
•Investment Portfolio Update
•Interest Rate Swap Contracts
•Pension Funding
•Other Post Employment Benefits (OPEB)
•2015 Electric Revenue Bonds
2
Governmental Funds
Year Ended June 30, 2015
(In $ Millions)
3
12 Months 12 Months 12 Months
Department Budget Preliminary Variance
Revenues
General Government 63.4 59.3 (4.1)
Health 2.7 2.3 (0.4)
Public Safety 1.6 1.9 0.3
Public Works 4.1 10.0 5.9
Total Revenues 71.8 73.5 1.7
Expenditures
General Government 33.4 29.1 (4.3)
Health 1.7 1.5 (0.2)
Public Safety 25.2 25.8 0.6
Public Works 11.5 12.1 0.6
Total Expenditures 71.8 68.5 (3.3)
Net 0.0 5.0 5.0
*Reported on cash basis.
Enterprise Funds
Year Ended June 30, 2015
(In $ Millions)
4
12 Months 12 Months 12 Months
Department Budget Preliminary Variance
Revenues
Light and Power 202.8 201.9 (0.9)
Gas 59.6 42.8 (16.8)
Water 8.5 8.0 (0.5)
Fiber 0.6 0.4 (0.2)
Total Revenues 271.5 253.1 (18.4)
Expenditures
Light and Power 202.3 189.7 (12.6)
Gas 59.6 41.6 (18.0)
Water 8.9 7.5 (1.4)
Fiber 0.7 0.3 (0.4)
Total Expenditures 271.5 239.1 (32.4)
Net 0.0 (14.0)(14.0)
*Reported on cash basis.
Fiscal 2015 Combined Year-End Results
(In $ Millions)
5
$(50.0)
$-
$50.0
$100.0
$150.0
$200.0
$250.0
$300.0
ENTERPRISE
REVENUES
ENTERPRISE
EXPENDITURES
GOV'T
REVENUES
GOV'T
EXPENDITURES
2015 BUDGET $271.5 $271.5 $71.8 $71.8
2015 PRELIMINARY $253.1 $239.1 $73.5 $68.5
VARIANCE $(18.4)$(32.4)$1.7 $(3.3)
$14.0 $5.0$19.0*Reported on cash basis.
Financial Reporting Adjustments
•The Budget is prepared on a cash basis.
•There are non-cash transactions that reduce
financial operating results.
•Anticipated impact on net assets:
–Amortization of Gain on MGS/Transmission Sale $ 3.9 million
–Depreciation expense ($9.5) million
–Loss of Interest Rate Swaps ($6.1) million
–Postemployment benefit expense ($2.7) million
–Sale of a real estate at a loss (Thermador)($2.3) million
–Sale of intangible asset at a loss (NOX Credits) ($1.6) million
–Amortization of Bond Premiums ($1.1) million
6
Investment Portfolio Overview
As of June 30, 2015
(In $ Millions)
7
Minimum Actual Fair Value %
Required Credit Rating as of of
Description Rating Moody's / S&P 6/30/15 Total
In custody of Treasurer:
Cash on Hand and on Deposit N/A N/A 39.2$ 25.1%
Local Agency Investment Fund None Not Rated 0.5 0.3%
Total in custody of Treasurer 39.7 25.5%
In custody of Trustee:
Deposits and Money Market Funds Aaa / AAA Aaa / AAA 81.9 52.5%
U.S. Treasury Notes A Aaa / AA+ 24.8 15.9%
Federal National Mortgage Association A Aaa / AA+ 4.9 3.1%
Federal Home Loan Mortgage Corporation A Aaa / AA+ 2.3 1.5%
Federal Home Loan Bank A Aaa / AA+ 2.3 1.5%
Total in custody of Trustee 116.2 74.5%
Total cash and investments held by Treasurer and Trustee 155.9 $ 100.0%
Investment Maturities
As of June 30, 2015
(In $ Millions)
8
•$105.6 million (90%) of investments mature in less than one year.
Fair Value
as of Less than 13 - 24 25 - 60 % of
Investment Type 6/30/15 12 Months Months Months Total
Money Market Funds 81.9$ 81.9$ -$ -$ 70.2%
Local Agency Investment Fund 0.5 0.5 - - 0.4%
U.S. Treasury Notes 24.8 13.7 11.1 - 21.3%
Federal National Mortgage Association 4.9 4.9 - - 4.2%
Federal Home Loan Mortgage Corporation 2.3 2.3 - - 2.0%
Federal Home Loan Banks 2.3 2.3 - - 2.0%
Total Investments 116.7 $ 105.6 $ 11.1 $ - $ 100.0%
Investment Maturities (in Months)
Investment Portfolio by Fund
As of June 30, 2015
(In $ Millions)
Cash and Investments Enterprise
6/30/2015
Governmental
6/30/2015 Total
Restricted Cash (debt service, capital
improvement, grants, and rate stabilization)$ 59.6 $ 3.5 $ 63.1
Unrestricted Cash (available for City’s daily
operation)89.1 3.7 92.8
Totals $ 148.7 $ 7.2 $ 155.9
9
Interest Rate Swap Contracts
As of June 30, 2015
(In $ Millions)
Investment Derivative Instruments
(Variable to Fixed Swaps)
Notional
Amount
Derivative
Liability
6/30/2014
Gain/(Loss)
7/1/2014 -
6/30/2015
Derivative
Liability
6/30/2015
2004 Series A Bonds
(City pays 3.607% and receives 62.87 of
LIBOR one-month index plus 0.119%)$ 90.2 $ (16.6)$ (6.0)$ (22.6)
2004 Series B Bonds
(City pays 3.542% and receives 62.87 of
LIBOR one-month index plus 0.119%)83.6 (13.7)(0.1) (13.8)
Totals $ 173.8 $ (30.3)$ (6.1)$ (36.4)
10
*On July 21, 2015, both interest rate swaps were terminated for $36.3 million.
Pension Funding
(In $ Millions)
Safety Plan Schedule of Funding Progress
Miscellaneous Plan Schedule of Funding Progress
Miscellaneous Plan Schedule of Funding Progress
•The unfunded liability increased at 6/30/2013 due to market value decreases in asset values and
early retirements under the PARS program.
•The 6/30/2014 valuation is due October 2015. Increases in the market asset values is anticipated.
•GASB Statements 67, 68, and 71 became effective for fiscal 2015. The unfunded pension liability
will be reflected on the 6/30/2015 financial statements.
•The City plans to develop a funding plan to address the unfunded pension liability.
11
Valuation
Date
Actuarial
Liability
Asset
Values
Unfunded
Liability
Funded
Ratio
6/30/2013 $195.5 $144.3 $51.2 73.8%
6/30/2012 187.8 156.9 30.9 83.5%
6/30/2011 169.9 149.2 20.6 87.9%
Valuation
Date
Actuarial
Liability
Asset
Values
Unfunded
Liability
Funded
Ratio
6/30/2013 $122.7 $ 93.7 $29.1 76.3%
6/30/2012 116.8 101.7 15.1 87.1%
6/30/2011 108.1 97.2 10.9 89.9%
Other Post Employment Benefits (OPEB)
•Other post employment benefits consist of
retirement benefits other than pension obligations.
•As of July 2012, the actuarial unfunded liability was
$44.6 million.
•Effective fiscal 2018, this liability is expected to be
reflected on the financial statements.
•Historically, the funding has been made on a “pay-as-
you-go” basis.
12
Electric Revenue Bonds
Overview
•On July 9, 2015, the City of Vernon sold $111.7 million
of 2015 Taxable Series A Electric System Revenue
Bonds.
•The transaction was structured to capture the current
low interest rate market that provides the ability to:
–Smooth existing debt structure to provide long-term
electric rate stability.
–Reduce the existing annual debt service payments.
–Terminate the two existing interest rate swap
agreements.
13
Electric Revenue Bonds
Marketing Effort
•A Preliminary Official Statement was publically released
for potential investors to evaluate the bonds offered
for sale.
•The City developed an Internet roadshow presentation
that was viewed by 17 major institutional investors.
•J.P. Morgan canvassed investor interest, soliciting 44
different accounts leading up to the bond sale.
•10 accounts were highly interested prior to the final
market pricing.
14
Electric Revenue Bonds
Results
•The underwriters generated over $198 million in total
orders for the Bonds.
•The interest rates received were 1.75% lower than the
same maturity of the City’s 2012 Taxable Bonds.
•The Bonds were placed with 14 total investors:
–11 new investors
–3 existing investors
15
Electric Revenue Bonds
Final Pricing
16
Maturity Total Par Amount Coupon Rate
8/1/2022 22,540,000 4.500%
8/1/2023 23,520,000 4.050%
8/1/2024 24,585,000 4.800%
8/1/2025 25,780,000 4.650%
8/1/2026 15,295,000 4.850%
Total 111,720,000 4.554%
Electric Revenue Bonds
Future Debt Service Schedule
17
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REGEIVED
JUL 2 I 2015 STAFF REPORT
CITY CLERK'S OIFICE CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
August 4, 2015
Report on Contracts Exempt from Competitive Selection by the City
Administrator
Recommendation
A. Receive and file this report as it is being provided for informational purposes only
pursuant to Section 2. 17. I 2(B)(3) of the Vernon Municipal Code.
Background
Pursuant to Section 2.17 .12(BX2) of the Vemon Municipal Code, specific contracts may be
exempted liom the competitive selection process, where it is found that the best interests of the
City are served by a direct award of the contract without a competitive selection process.
Section 2.1 7. l2(B)(3) of the Vemon Municipal Code gives the City Administrator the authority
to make such finding(s) for all contracts with a total value over the lifetime ofthe contract up to
S 100,000 and when making such finding(s), requires the City Administrator to submit a written
report to the City Council, at a regular City Council meeting within 30 days of the finding(s),
detailing the reasons for the finding(s).
On July 20, 2015, pursuant to Section 2.17. l2(BX2) of the Vemon Municipal Code described
above, the City Administration Department submitted a request for the issuance of a Purchase
Order to Drizen-Dohs Corporate Communications, Inc. (DDCC) in the amount of $76,500 for
the production olthe Vemon Quarterly during the 2015-2016 fiscal year. The Vemon Quarterly,
is a City newsletter that is a critical tool in communicating important information about major
City events, projects, activities, and changes to the entire Vemon community on a broad
platform. To date, some of the feature stories have focused on various tax proposals and
budgetary issues, as well as new members of the City's executive team. Most recently, two
Special Edition issues of the Vemon Quarterly were produced; one chronicling the city's top ten
good govemance reforms, and the other featuring the completion of the 52nd Drive affordable
housing project - vemon village Park. DDCC is a fully vertical, corporate communications
firm with more than 25 years of experience, serving clients ofall sizes and in all industries. The
Honorable Mayor and City Council
Mark C. Whitworth, City Administrator
Originator: Lilia Hernandez, Executive A ity Administrator
Page I of2
City Administrator's determination that the "best interests of the City are served by a direct
award of the contract" is based on DDCC's ability to provide all of the services needed (creative,
editing, proofreading, design, production, printing and finishing) to produce the Vemon
Quarterly under one facility, their competitive pricing, as well as their demonstrated willingness
to work with City staff to meet, sometimes short, publication deadlines.
Fiscal Impact
Sufficient funds for this agreement are available in the 201 5/2016 City Administration budget.
Attachment(s)
None.
Page 2 of 2
RFCEIVED
JUL 2 7 2015
CITY CLERl('S OFFICE
REEEIVED
JUL 2 7 20t5
CITY ADMINISTRATION
FIRE DEPARTMENT
Michael A. Wilson, Fire Chief
4305 Santa Fe Avenue, VemorL Califomia 90058
Telephone (323) 583-8811 Fax (323) 82G1,407
Jluly 23,2015
Honorable Mayor and City Council
City of Vemon
Honorable Members:
Attached is a copy of the Vemon Fire Department Activity Repo( which covers the period of
July 1,2015 through July 15, 2015.
Respectfully Submitted,
MAW:ar
Fire Chief
: Fireletnow
E 4c fusio e fy I ntrus tria I
VERNON FTRE DEPARTMENT
COMPA}IY ACTIYITIES
July 1,2015 to July 15, 2015
This Period Last Year
Last Year To Date
750
t07
28
885
1086
942
1019
1961
This
Period
75
t6
n
9l
110
82
31
t27
122
125
tt
t7
504
116
0
0
This Year
To Date
887
185
20
1092
1528
ACTTVITY T\?E
FIRE PREVENTION:
Regular Inspections (#) :
Re-Inspections (#):
Spec. Haz. Inspections (#):
Total lnspections:
Total Man Hours:
TRAINING fiOURS):
Firefighting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-INCIDENT (HOI.-TRS) :
Planning
District Famil iarization
Total Hours:
PERTOpTC TEST (HOURS):
Hose Testing
Pump Testing
30
6
I
37
37
93
32
119
t22
119
4
18
507
1091
383
t4'71
1486
t478
52
357
63 18
1335
4t7
t79t
1652
1722
24
282
7223
45
54
99
55
61
1205
t025
2230
26
10
36
0
0
8
J
Total Hours:
Page 1
1i
PUBLIC SERVICE PROGRAMS GOI'RS)
School Programs
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTNE MAINTENANCE GOURS) :
Station
Apparatus
Equipment
Total Hours:
Grand Total Hours:
:Fireactivity
0
0
8
8
12
2
t4t
155
1452
1509
t5t2
4473
31
13
162
206
2
0
7
9
121
142
130
393
1044
126
t25
t26
377
1116
1610
1648
1720
4978
14004 16201
Page 2
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lrJa
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lrJeL'z
lncident Type
31 1 Medical assist, assist EMS crew
311 Medical assist, assist EMS crew
700 False alarm or false call, other
700 False alarm or false call, other
551 Assist police or other govemmental agency
735 Alarm system sounded due to malfunction
140 Natural vegelation fire, other
322 Motor vehicle accident with injunes
500 Service Call, other
323 Motor vehicle/pedestrian accident (MV Ped)
745 Alatm system activation,no fi re,unintentional
732 Extinguishing system activation due to malfunc
611 Dispatched & canceled en route
611 Dispatched & canceled en route
900 Special type of incident, other
571 Cover assignment, stiandby, moveup
522 Water or steam leak
311 Medical assist, assist EMS crew
700 False alarm or false call, other
735 Alarm system sounded due to malfunction
324 Motor vehicle accident with no injuries
700 False alarm or false call, other
311 Medical assist, assist EMS crew
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
321 EMS call, excluding vehicle accident with inju
322 Motor vehicle accident with injuries
745 Alatm system activation,no fire, unintentional
700 False alarm or false call, other
700 False alarm or false call, other
571 Cover assignment, standby, moveup
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with inju
571 Cover assignment, standby, moveup
321 EMS call, excluding vehicle accident with iniu
322 Motor vehicle accident with injuries
700 False alarm or false call, other
lncident Date
07lO1l2O15 03.49:57
07/01/2015 06:58:53
0710112015 15:24:34
0710112015 16:46.15
0710212015 08:26:26
0710212015 12:08:M
0710212015 16:57:05
0710212015 18:56:29
Q710212015 20:39:47
0710212015 20:49:33
0710312015 09:25:27
0710412015 15:45:40
0710412015 18:41:43
0710412015 21:41:00
0710412015 22:15:13
07/05/2015 09:08i35
0710512015 15:53:58
07lO5l2O15 15:59.46
07lOSl2O15 16:42:06
07 1061201 5 07 :17 :31
07/06/2015 08:46:05
0710612015 12:55:30
0710612015 20:26:26
0710712015 06.57:58
07lO7l2O15 09:57:28
0710712015 14:35.28
0710812015 05:28:57
0710812015 11:55:13
0710812015 17:42:59
0710912015 04.14:30
0710912015 07 .33:31
07lO9l2O15 13:49:26
07logl2o15 14:11:43
07lOQl2O15 14:13:37
0710912015 15:04:52
0710912015 16:57:33
0710912015 19.39:52
0711012015 06.45:49
0711012015 10.47:20
0711012015 11:41:54
0711112015 23:36.47
0711112015 23:58:56
0711212015 09:31:30
0711212015 12:11 .55
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
31 1 Medical assist, assist EMS crew
311 Medical assist, assist EMS crew
321 EMS call, excluding vehicle accident with inju
611 Dispatched & canceled en route
743 Smoke detector activation, no fire - unintenti
116 Fuel burner/boiler malfunction, fire confined
741 Sprinkler activation, no flre - unintentional
321 EMS call, excluding vehicle accident with inju
321 EMS call, excluding vehicle accident with inju
611 Dispatched & canceled en route
745 Alatm syslem activation,no fire, unintentional
07t12t2015 13 40:23
071122015 14.03:16
071132015 10.48:21
0711312015 11.53:13
0711312015 19:41:09
0711312015 23:12:50
0711412015 00:40:53
071142015 17:16:58
0711512015 06.42:58
0711512015 10:49:00
0711512015 17:34:32
0711512015 21:57:33
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of GorRoR RECEIVED
JUL I 6 20t5
CITY ADrtritNISTRAT|0N
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vernory Califomia 90058
Telephone (323) 587-5177 Fax (323) 82G7487
July 16,2015
Ilonorable City Council
City of Vernon
Vernon, California
Honorable Members:
Attached are copies of the Vemon Police Department Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 a.m., July 1,
2015 up to and including midnight of July 15,2015.
Respectfu lly submitted,
YERNON POLICE DEPARTMENT
'0r-;;l AlA
DAIIIEL CALLEROS
CHIEF OF POLICE
DC/dr
g4ctusfueb hiustli4t
VERNON POLICE DEPARTMENT
D epartment Activity Report
Jurisdiction: vERNoN
First Date: olo1l2o1s
Lasl Date: 0711512015
Dep ment Complaint
Type Description
All Units Primary Unit
VPD
10-6
10-96H
10-96M
140
166
166R
2000r
20002
20002R
211R
211S
240R
242R
261R
415
422R
4594
459V
45gVR
444
484R
487R
586
594
594R
602
647F
901
9017
9O1TR
9027
9O2TR
9097
9't 1A
9174
927
ASTVFD
BOVEH
CITCK
CIVIL
CODE5
coP
DEAD ANIMAL
DET
DETAIL
ooA
DPTAST
oFFtcER ts 10{ c7.96r,962. r G10. WASH, EQU|pi
PICK UP THE JAIL PAPER WORK FROM HP JAIL
10-96 MARY (MAIL DETAIL)
SUPPLEMENTAL REPORT
COURT ORDER VIOLATION
COURT OROER VIOLATION REPORT
INJURY HIT AND RUN
NON.INJURY HIT AND RUN
NON.INJURY HIT AND RUN REPORT
ROBBERY REPORT
SILENT ROBBERY ALARM
ASSAULT REPORT
BATTERY REPORT
RAPE REPORT
DISTURBING THE PEACE
TERRORIST THREATS REPORT
AUDIBLE BURGLARY ALARM
BURGLARY TO A VEHICLE
BURGLARY TO A VEHICLE REPORT
PETTY THEFT
PETTY THEFT REPORT
GMND THEFT REPORT
PARKING PROBLEM
VANDALISM
VANDALISM REPORT
TRESPASS
ORUNK IN PUBLIC
UNKNOWN INJURY TMFFIC COLLISION
INJURY TMFFIC COLLISION
INJURY TMFFIC COLLISION REPORT
NON-INJURY TRAFFIC COLLISION
NON.INJURY TRAFFIC COLLISION REPORT
TRAFFIC HAZARD
CONTACT THE REPORTING PARTY
ABANDONED VEHICLE
SUSPICIOUS CIRCUMSTANCES
UNKNOWN TROUBLE
ASSIST VERNON FIRE OEPARTMENT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
SURVEILLANCE/STAKE.OUT
COP OETAIL
DEAD ANIMAL FOR REMOVAL
DETECTIVE INVESTIGATION
OETAIL
DEAD ON ARRIVAL
DEPARTMENTAL ASSIST
111
1
2
1
4
3
8
18
o
1
15
1
1
4
19
2
131
1
3
4
8
3
16
7
3I
5
,t
o
1
39
3
2
6
1
20
J
10
12
15
4
4
4
2
17
8I
2
103
I
2
1
I
I
I
7
4
I
3
6
I
69
I
2
I
6
J
l3
2
2
4
2
I
3
I
23
2
2
4
I
ll
I
7
l0
t2
2
2
3
t
'1
6
I
2
07/16/2015 01:33:41 Page of
VERNON POLICE DEPARTMENT
D ep artment Activity Report
Jurisdiclion: vERNoN
First Date: o7to1t2o1s
Lasl Date: oTtist2ols
Depa ment Complainl
Type Description
All Units Primary Unit
[?D
OUICKPT DUI CHECK POINT
DUITMFFIC DUI CHECK POINT TRAFFIC
1
26
30
24
2
J
2
2
1
2
3
7
128
1
39
I
14
1
3
1
J
3
2
10
1
2
249
80
22
13
17
8
I
I't
30
20
2
2
I
I
I
I
I
I
2
I
6
108
I
20
7
6
I
2
I
3
I
I
4
I
I
195
54
l6
7
5
7
FILING
FU
GTAR
HBC
ILLDPG
JAILPANIC
OFFICER IS 1O{ REPORT WRITING
FOLLOW UP
GMND THEFT AUTO REPORT
HAILEO BY A CITIZEN
ILLEGAL DUMPING
TEST THE JAIL PANIC ALARM BUTTON
K9 TMINING K9 TRAINING REMINDER, OBTAIN LOCATION
LOCATE LOCATED VERNON STOLEN VEHICLE
LOJACK LOJACK HIT
LPR LICENSE PLATE READER
MR6O MISC REPORT
PANIC ALARM PANIC ALARM/DURESS ALARM
PAPD PUBLIC ASSIST-POLICE
PATCK
PDO
PEDCK
STRAY
SUICIDE
PRSTMN PRISONERTRANSPORTED
REC RECOVERED STOLEN VEHICLE
RECOALARM TEST THE RECORDS ALARM
RECKLESS DF RECKLESS DRIVING (23103)
REPO REPOSSESSION
RR FAIL ROAD PROBLEM
SEMCA SEAACA ANIMAL CALLS
SHOTS SHOTS
SPEED SPEED CONTEST OR SPEEDING (23109)
PATROL CHECK
PROPERTY DAMAGE ONLY
PEOESTRIAN CHECK
STMY DOG / ANIMAL
SUICIDE ATTEMPT
TMFFIC STOI TMFFIC STOP
VCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
WARMNT WARMNT ARREST
WELCK WELFARE CHECK
WRNTSVC WARMNT SERVICE
Depqrlment:870t27t
Overall:871t21t
07/16/2015 01:33:41 Page of
YERNON POLICE DEPARTMENT
Police Activity Report
Period Ending: 07115115
TRAFFIC COLLISIONS
TOTAL
NON-INruRY
INJURY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run @elony)
Persons Injured
VEHICLES STORED
Unlicensed Driver
Abaadoned./Stored Vehicle
Traffic Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss @Ioving)
Citations Iss (Parking)
Citations Iss (Total)
Hazardous
Non-Hazardous
Other Violations
CASES CLEARED BYARREST
ARl5-166 CR15-1086 20001(4) vc
ARls-167 cRl5-1141 11377(A) HSARl5-171 CRl5-1149 594(A) PCARl5-174 CRl5-1155 484(,4) PCARl5-177 CRl5-1178 11364 HS
PROPERTY RECOVEREI)
VEHICLES: $18,800.00
PROPERTY RECOYERED FOR
OTIMR DEPARTMENTS
\TEHICLES: $35,000.00
NO.
10
7
J
2
J
47
20
l1
168
t7
185
54
113
1
VERNON POUCE DEPARTMENT
R"EPORT FOR PERgONS ARRESTED
PERIOD ENDING O7l15/15
MALE FEMALE TOTAL
ASSAULT WITH A DEADLY WEAPON
BURGLARY
CRIMINAL THREATS
EMBEZZLEMENT
FORGED OFFICIAL SEAL
HTT AND RUN 1 1
POSS. CTRLD SUBSTANCE TO SELL
POSS. STOLEN PROPERTY
RESISTING ARREST
ROBBERY
VEHICLE THEFT
WARRANT (BENCH)
TOTAL FELONY ARRESTS 1 0 1
MALE FEMALE TOTAL
BATTERY
CRIMINAL THREATS
DRMNG UNDER THE INFLUENCE 2 2
DRUNK IN PUBLIC
PETTY THEFT 1 1
POSS. CONTROLLED SUBSTANCE 1 1
POSS. NARC. PARAPHERNALI,A 1 1
TRESPASSING
VANDAUSM 1 1
WARMNTS (BENCHTTRrc)5 1 6
WARMNTS (FOREIGN)3 1 4
TOTAL MISD. ARRESTS t4 2 16
]IIALE FEMALE TOTAL
BURGLARY
PETTY THEFT
POSS. STOLEN PROPERTY
VANDALISM
VEHICLE THEFT
rOTAL 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 ]UVENILES (FELONY AND MISDEMEANOR) TO DATE:L79
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RECEIVED
JUL I 6 2015
CITY ADMINISTRATION
STAFF REPORT
PUBLIC WORKS, WATER & DEYELOPMENT SERYI
DEPARTMENT
DATE:
TO:
FROM:
March 5, 20f5
Honorable Mayor ard City C-ouqcil
,)
Samuel Kevin Wilson, D/rrector of Public \tror*s, Water & Development Serviccs
Hr*;: Aronso Hernand"* h*, r."*",n
MONTHLY BT]ILDING DEPARTMENT REFORTRE:
Enclosed herewith is the MonttrJy Building Report for the month of June 201 5. Thank you.
City of Vernon
Building Department
Monthly Report from 6/1/2015 to 6130t2015
Type Value # of Permits
Demolition
Electrical
Grading
lndustrial - Remodel
lnduskial - New
Mechanical
Miscellaneous
Plumbing
Roof
June 2015 TOTALS PERMITS:
PREVIOUS MONTHS TOTAL
YEAR TO DATE TOTAL
June 20'14 TOTALS PERMITS:
PREVIOUS MONTHS TOTAL
PRIOR YEAR TO DATE TOTAL
$10,000.00
$576,775.00
$120,000.00
$919,000.00
$13,085,580.00
$268,271.00
s1,483,000.00
$298,133.00
$270,800.00
$17,031,559 00 56
$23,175,155.00 472
$40,206,714.00 528
s2,360,737.00 't07
$36,138,671.00 526
$38,499,408.00 633
'l
17
1
4
8
10
9
3
Director of Public Works, Water & Development Services
City of Vernon
Building Depadment
Maror Projects from 6/l/2015 to 6/30/20'15
Valuations > 20,000
Permit No.Address Job Value
Electrical
800-090-387
800-090-39'l
B00-090-394
5119 DISTRICT BLVD
APN 6314003900
5201 DISTRICT BLVD
APN 6314001900
5275 DISTRICT BLVD
APN 6314001902
New Building
New Building
New Building
Electricalfor tenant
rmprovement
Eleckical for tenant
improvement.
Electrical for new building.
$49,562
$28,002
$39,643
Record(s)$r r7,207.00
Grading
B-2015-0028 $120,00032OO SLAUSON AVE
APN 6310027023
Regrading paving site, stormwater to
sUPPort redevelOpment
B-00-090-527
Record(s)$120,000.00
lndustrial . Remodel
B-2015-0179
8-2015-0232
8-2015-0247
3
2311 48TH ST
APN 6308014027
4333 MAYWOOD AVE
APN 630402'1019
4333 MAYWOOD AVE
APN 6304021019
Record(s)
Core-Mark lnternatio
Fresh Packing Corp
Fresh Packing Corp.
Tl - lnstall new refrigerated space
inside existing warehouse
Tenant lmprovement - enlarging
loading dock gate opening, retracting
dock landing (slab removed) into the
interior of bldg and new ADA
Restrooms
New 6,826 sq ft. walk-in cooler
$700,000
s100,000
5100,000
$900.000.00
lndustrial - New
800-090-137
800-090-138
800-090-139
5275 DISTRICT BLVD
APN 6314001902
5201 DISTRICT BLVD
APN 6314001020
5119 DISTRICT BLVD
APN 6314003900
New Building
Vacant
New Building
New concrete tilt up building 38,376
Sq. Ft.
New concrete tilt up building 29,096
Sq. Ft.
New concrete tilt up building 121,098
Sq. Ft
$3,055,498
$2,316,624
s7,7'r3,458
3 Record(s)$13.085.580.00
Mechanical
B00-090-386
800-090-392
800-090-390
5119 DISTRICT BLVD
APN 5314003900
5275 DISTRICT BLVD
APN 6314001902
520'1 DISTRICT BLVO
APN 6314001900
Mechanical for tenant improvement
Mechanical for new building.
Mechanical for tenant improvement
$64,812
$51,841
$36,618
Description
Tenant Description Job value
B-2015-0277
8-2015-0320
3049 VERNON AVE
APN 6303005034
3883 SOTO ST
APN 6302020059
Farmer John
Replace existing condenser with new
model (new model is 2490 less
weight)
(Equipment only) fi le w I 8-201 5-027 5
New mechanical units
$30,000
s45,000
Miscellaneous
8-2015-0055 2555 E 52ND ST
APN 6309009802
8-20'15-0150 5000 PAC|FtC BLVD
APN 6308003901
4310 BANDINI BLVD
APN 6304004019
5208 ALCOA AVE
APN 631000203s
T-Mobile
Whole Foods
Ryerson lnc
lnstall (3) new antennas, install (3)
new RRU's, Relocate (3)existing
antennas, Paint to match
800-090-556
lnstallation of racks - storage hieght
for room 301 is 28 feet - storage
hieght for rooms 302-309 is 38 feet
Foundation for racks
Replacing asphalt with 6" concrete
slab,2500 PSl.
$20,000
$980,000
$350,000
$75,000
B-2015-0269
B-2015-0355
Plumbing
B0o-090-393
800-090-388
800-090-389
B-2015-0300
B-20'15-0309
B-2015-0414
5201 DISTRICT BLVD
APN 6314001900
51,19 DISTRICT BLVD
APN 6314003900
5275 DISTRICT BLVD
APN 6314001902
4490 AYERS AVE
APN 6304001023
3251 26TH ST
APN 5'1690330'16
New building
Unicolor
Plumbing for tenant improvement
Plumbing for tenant improvement.
Plumbing for new building.
Plumbing for new building and
landscape piping
Restroom Remodel and Breakroom
Kitchen
reroofing over existing single flight roof
membrane
$24.771
s43,843
$35,069
$139,000
$30,000
S RF.^r.llsl crTr GRl nn
Roof
3425 VERNON AVE
APN 6303007026
$250,000
Permit(s)TotalValuation:$16,398,741.00
Sartfel Kevin Wilson
Director of Public Works, Water & Development Services
s228.271.00
s'1.425.000.00
$250.000.00
City of Vernon
Building Department
New Buildings Report - June 2015
5119 District Blvd.
lnside Redevelopment Area
'121,098 Sq. Ft.
520'l District Blvd.
lnside Redevelopment Area
29,096 Sq. Ft.
5275 Districl Blvd
lnside Redevelopment Area
38,376 Sq. Ft.
SarpdellKevin Wilson
Direclor of Public Works, Water & Development Services
City of Vernon
Building Department
Demolition Report - June 2015
NONE
Director of Public Works, Water, & Development Services
4411
Samuzel Ke-vin'wilson
City of Vernon
Building Department
Status of Cedificates of Occupancy Requests
Month of June 2015
Request for lnspection
Approved
Pending
Temporary Occupancies
38
't1
244
35
Drrector of Public Works, Water & Development Services
City of Ve.non
Certifi cate of Occupancy
Applications Date From 6/l/2015 to 6/30/2015
lssued Permit No. Project Address Tenant Oescription Fees Paid Square Feet
Certificate of Occupancy
C-2015-0113 2537 27TH ST Madinez Trucking & Logistics Warehouse ofsteel $815.00 76,000
APN 6302003019 lnc. products
c-2015-0115 2336 38TH ST
APN 6302015010
c-2015-0125 2895 SACO ST
APN 6302010002
C-2015-0116 5720 2NDST lmpo-Edge Textile, lnc. lmport fabric $300.00 1,700
APN 630E019032 wholesale
warehousing
C-2015-0'117 5993 MALBURG WAY Handbag Kangaroo lnc. Whole sale and $689.00 6,113
APN 6310027046 storage of handbags.
C-2015-0118 4789 LOMA VISTA AVE Nuconic Packaging Storage of finished $68900 23,717
APN 63M025029 plastic packaging
C-20'15-0119 3232 WASHINGTON BLVD Softree lnc. Warehousing of $68900 45,000
APN 5169023038 garments
C-2015-0120 2425 38TH ST Essential Decor and Beyond Me Showroom and office 5689-00 20,000
APN 6302019022 use
C-2O15-O121 2067 55TH ST Essential Decor & Beyond Inc- Warehouse garments $689 O0 50,000
APN 6308016027
C-2015-O124 2622 ALAMEDA ST Americ€n Total Express lnc Warehouse and $689.00 35,000
APN 630200903E distribute food
C-2015-0126 330'1 LEONIS BLVD Cap Export
APN 6303019012
C-2O15-0127 1925 VERNON AVE Verizon Wreles
APN 6302017052
Frnlshing and storage $300 00 5,000
of garments.
Furniture samples $300.00 4,000
Storage fumiiure $689.00 42,350
Cellsite
llade in House, lnc.
Modernica
$300 00 100
C-2015-0128 5000 HAMPTON ST Precision Agritechnologies LLC Processing produce. $689 00 9,160
APN 63080'10026 (New Building)
C-2015-0129 5000 PACIFIC BLVD Mrs Gooch's Natural Foods crocery food $0 00 130,204
APN 6308003901 distribution/New bldg
C-2015-0130 4592 48TH ST Legend Apparel LLC Distribution of 5689.00 1O,O8O
APN 6304018023 apparel
C-2015-0131 5699 DISTRICT BLVD Millennium Products, lnc Warehouse $689 OO 32,850
APN 6314020030 beverages
C-2015-0132 3003 LEONIS BLVD Alcon lmport Wholesale generat $68900 11,300
APN 6303021010 merchandise
C-2015-0133 3864 SANTA FE AVE AGS USA LLC Warehouse slorage. $689.00 5,300
APN 6302018003
C-2015-0134 2640 26TH ST Entry dba AH - B Storage garments $689 OO 39,EOO
APN 6302001028
C-2015-0135 5075 SANTA FE AVE Green Cutting Cutting fabrics $689.00 B,OOO
APN 6308015013
C-2015-0137 1935 55TH ST S&JApparet carment $68900 35,OOO
APN 6308016027 manufactunng
C-2015-0138 4334 SANTA FE AVE Y2T tmports LLC Warehouse generat $3OO.OO 2,500
APN 630E006004 merchandise
lssuq.r' ' Permit No. Proiect Address Tenant Descriotion Fees Paid Souare Feet
c-2015-0139 4523 50TH ST
APN 6304017011
c-2015-0140 2021 46TH ST
APN 630E013032
D W R. Textile
Ponti lnc,
Wiping cloth
manufacturing
$6ES 00 15.900
Garment manufaclure $689 00 28,337
Warehousing vaults $689.00 31,562
sewing factory. $6Eg 00 11,000
$689 00 5,300
Warehouse fabric $815.00 52,090
C-2015-0141 2043 ROSS ST Business Trucking Service, LLC Truck storage and $689 00 12,024
APN 6302011013 reparr
C-2015-0142 6116 MALBURG WAY Box-N-Go. LLC
APN 6310027051
c-2015-0',43 4700 BOYLE AVE
APN 6303020010
Craftsman Lab. lnc.
C-2O15-O144 3864 SANTA FE AVE Hedley & Bennett Warehouse aprons $689 00 '11,350
APN 6302018003
C-2015-0145 3864 SANTA FE AVE AGS USA, LLC
APN 6302018003
C-20'15-0146 4900 CORONAAVE Shalom B LLC
APN 6304016007
C-2015-O147 4621 50TH ST Nightlife Decor lnc. Furniture $689 00 9,410
APN 6304017011 manufacturing
C-2015-0150 4700 DISTRICT BLVD Karlsson Group Art fabricatpn/ light $689.00 10,600
APN 6304015001 manufacluring
C-2015-0151 1930 51STST You-Want-A-Deal inc Storage of small $6E9.00 23,000
APN 6308016005 kitchen appliances
C-2015-0152 4732 26TH ST US BATTA Bottling alcoholic $669.00 9,000
APN 6332001004 beverages
C-2015-0153 5001 SANTA FE AVE Protect From Fire Service fire $300.00 2.000
APN 6308015009 extinguishers
C-2015-0114 2316 38TH ST Fashionpin, lnc Warehousing of $300.00 2,468
APN 6302015012 labric
C-2015-0123 2570 25TH ST MB Produce LLC Office use $300.00 156
APN 5168025032
c-2015-0136 5970 ALCOA AVE OFI lmports, lnc dba Contessa Processing and $1,630 00 61,496
APN 6310027039 Premium Foods warehousrng of
frozen food
38 Record(s)
Total for Certificate oI Occupancy:s23,574.00 878,867.00
Total Fees Paid $23.574 003E Permits(s)
City of Vemon
Cerlifi cate of Occupancy
lssued Date From 6/1/2015 to 5/30/20'15
lssued Permit No. Project Address Tenanl Descripti Fees Paid Square Feet
Certifi cate of Occupancy
611712015 C-2015-0089 5704 SANTA FE AVE PG-R Designer Wear lnc , carment $300.00
APN 6309007011 dba CC Trims &
Embellishing
612412015 COO-003-496 4375 BANDINI BLVD Clorox USA lnc
APN 5243018014
612412015 C-2015-0095 3700 SANTA FE AVE BJ21 Textile, lnc.
APN 630201902E
Manufaciuring $200 00
of bleach.
Warehousing $689.00
of garmenls
Warehousing $689 00
of general
merchandise
Garment $300 00
Manufacturing
Telecommunic $300 00
ation cell site
Sewing $6E9.00
manufactunng
Warehousing $300 00
of fabric
1,250
133,000
6,970
200612412015 C-20'15-0019 2936 46TH ST Morning StarOTC Office use $30000
APN 63030220'10
612412015 COO-003-716 1955 48THST Kelley Toy USA lnc Warehousing $68900 25,760
APN 6308014025 of stuff toys
612512015 C-2015-0101 3870 SEVILLE AVE Goodyear Tire & Rubber Warehousing $300 00 51,780
APN 6302020047 Co. dba Dapper Tire of tires
612512015 C-2015-0071 5455 BOYLE AVE Axex lnc
APN 6310010014
612512015 C-2015-00E3 2406 28TH ST District Denim, lnc.
APN 6302005004
6t25t2015 C-2015-0102 2213 27TH Sr CCTMI, LLC
APN 6302008025
6D5D015 C-2015-0103 3620 SANTA FE AVE XP/Appleseed
APN 6302005014
612512015 C-2O15-0114 23'16 38TH ST Fashionpin, lnc.
APN 6302015012
17.280
't,500
5,500
2.468
11 Record(s)
Total for Certificate of Occupancy:s4,756.00 246.333
Total Fees Paid $4,756 0011 Permits(s)
REGEiVED
JUL 2I 2015
CITY CLERK'S OFFICE
STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
August 4, 2015
Honorable Mayor and City Council
Mark C. Whitworth, City Administrat
Originator: Kristen Enomoto, Deputy
Ratification of Mayor's Appointment of Eligible Individuals to Serve on the
Vernon Housing Commission for New Four-Year Terms Beginning August
I 1, 2015 and Ending June 30, 2019
Recommendation
A. Find that ratification of the Mayor's appointment of eligible individuals requested in this
staff report is exempt liom 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 etTect on the environment.
B. Ratify the Mayor's appointment of the following eligible individuals to serve on the
Vemon Housing Commission for new four-year terms beginning August 11, 2015:
Mayor's Aopointment
John Kriste (lncumbent)
Steve Florman
Kyle Cooper
Hector Garcia (Incumbent)
Elieible Appointment Cateeorv
Resident (Non-City Council member)
Business Representative
Business Representative
Business Employee
Backsround
On August I l, 2015, three of the seven seats on the Vemon Housing Commission will become
vacant. Pursuant to section 2.122 of the Vernon Municipal Code, commission members are
selected by the Mayor and ratified by the City Council.
In order to broadly publicize the opportunity for the four new Housing commission terms, city
staff posted the attached announcement and interest form on the main page of the City's website
and mailed copies to every resident and business within the City's database.
Page I of2
Staff received a total of nine completed interest forms (attached) from the following individuals:
Candidate Name Elieible Appointuent Catesorv
John Kriste (Incumbent) Resident (Non-City Council member)
Carol Menke Resident (Non-City Council member)
Reverend Thomas Schweitzer Resident (Non-City Council member)
Steve Florman Business Representative
Kyle Cooper Business Representative
Gulbagh Singh Business Representative
Scott Kelrick Business Representative
Frank Novak Business Representative
Hector J. Garcia (Incumbent) Business Employee
In light of the recent passage of Ordinance No. 1230, which reset Housing Commission terms to
run concurrent with the City's fiscal year of JuIy I ttrough June 30, the four terms covered by
this staff report will run from August ll, 2015 (expiration of current terms) through June 30,
2019.
Upon City Council ratification of the Mayor's appointments, the City Clerk will timely
administer the Oath of OfEce as necessary. The Commission's next regularly scheduled meeting
is on September 9,2015.
Fiscal Impact
None.
Attachment(s)
l. Announcement to Vemon Residents and Bwiness Representatives or Employees dated Jrme
25,2015.
2. Prospective Commission Member Interest Form dated June 25,2015.
3. Nine Completed Interest Forrns.
Page 2 of 2
4305 Santa Fe Avenue, Vemo& Califomia 90058
Telephone (323) 583€811
June 25,2015
TO: Vemon Residents and Representatives or Employees of the Vemon Business Community
SUBJf,CT: Seeking Interested Residents and Business OwnerVOperatorvEmployees to Serve on the
Vemon Housing Commission
Backqround. The Vemon Housing Commission was established in July 201 I to provide open and
transparent management of Vemon's housing units. The Commission makes recommendations to the City
Council regarding leasing, market rental rates, repair and maintenance, and potential divestment and
development opportunities. The Commission also develops and implements procedures to effectuate policy
objectives established by the City Council. The Commission provides a public forum for residents and other
members of the community to address housing related issues and is the fulfillment of a critical element of the
City's good govemance reforms. The Commission meets on a quarterly basis the second Wednesday of each
March, June, September, and December.
Comoosition and Terms. The Commission is comprised of seven members from the Vernon community:
three residents, one ofwhom must be a member ofthe City Council; three business representatives, each of
whom represents a person or entity owning or operating a business or non-residential property located in the
City; and one employee of a business located in the City. Commission members serve four year terms
beginning in August. No member may serve more than two full four year terms.
Uocomine Vacancies and lnvitation to Aoolv: The fiour seats listed below are open for appointment. The
City encourages all quatified individuals to apply. Those with an interest in good govemance and experience
or interest in housing management are especially needed to devote time to this impo(anr public body. The
Commission is subject to state open meeting laws and regulations related to good government such as the
Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submit Statements of
Economic Interests (Form 700s) annually.
r Resident No. 2 (Non-City Council). Business Representative No. 1. Business Representative No. 2. Business Employee
The City Council is expected to make appointments to the Commission in August 2015. To be
considered for appointment to the Commission, please complete and submit the attached form by July
14,2015.
For more information on the Vemon Housing Commission and related responsibilities, please refer to Article
XVII, Chapter 2, of the Vemon Municipal Code available on the City's website (www.cityofrernon.ore).
lE4c tusia e ty I nlus tria t
of
t[305 Santa Fe Avenug Vemon, Califomia 90058
Telephone (323) 583-881 1
VERNON HOUSING COMMISSION
orn0n
Prospective Gommission Member lnterest Form
June 25, 2015
Resident Business Rep Business EmployeeAppointing Category (please circle one):
Name:
Business Name (if applicable):
Title (if applicable):
Vemon Address:
Email:
Phone:
Oualifications and Reasons for lnterest in Serving on the Vernon Housing Commission (attach
additional sheet if necessary):
NOTE: By signing below, you affirm that you meet the requirements of the appointing category you
have indicated.
Signature:
NOTE: Please submit comoleted form bv Tuesdav. Julv 14. 2015. at 5:30 p.m.
Mail form to:
Email form to:
City Administrator's Office, 4305 Santa Fe Avenue, Vernon, CA 90058 -
Attn: Lilia Hernandez.
lhemandez@ci.vemon.ca.us
City of Vemon, 4305 Santa Fe Avenue, Vemon, Califomia fD58 - Telephone (323) 583-8811
E'..r
t4E
VE
4305 Santa mia 9fi88 f i i i ,,, i) tll, .,,
VERNON HOUSING COMMISSION
Prospective Gommission Member lnterest Form
June 25,2015
Appointing category (please circle one): .89tgD Business Rep Business Emproyee
Business Name (if applicable):
Title (if applicable):
Vemon Address:
Email:
Phone:
NOTE: By signing below, ),ou affirm thal you meet the requirements of the appointing calegory you
have indicated.
Signature:
NOTE:
Qualifications and Reasons for lnterest in seMng on tho vemon Housing commission (attach
Mail form to:
Email form to:
City Administrator's Offico, 4305 Santa Fe Avenue, Vernon, CA 90059 -Attn: Lilia Hemandez.
lhemandez(@ci,vemon.ca,us
City of Vemon, ,(}O5 Santa Fe Avenue, Vemon, Califomia 90058 - Telephone (323) 583{811
Name: Jztr{A/ lLna Srf
RECEIVED
JUL 0I 20!5
CITY AUivIINISTRATION
,[305 Santa Fe Avenue, Vemon, Califomia 90058
Telephone (323) 58$EE11
VERNON HOUSING GOMMISSION
Prospective Cornmission Member lnterest Form
June 25, 2015
Business Rep Business EmployeeAppoin
Name:
Business Name (if applicablE):
Tite (if applicable):
Vernon Address:
Email:
Phone:
have indicated.
Signature:
NOTE: Please submit co
City Administrator's Ofiice. /(l05 Santa Fe Avonue, vemon, cA 90058 -
Attn: Lilia Hemandoz
lhemande@ci.Yemon.ca.us
Qualmcations and Reasons for lnter€st in Serving on the Vemon Housrng Commission (attach
additional sheet if necessary):
Mail form to:
Email form to:
City of Verno4 4305 Santa Fe Av€nue, Vemon, Califiomia 90058 - Telephone (323) 5E+aE11
category you
VERNON HOUSING cOiiMlSSlON
Prospective Commlssion Member lnterest Form
June 25, 2015
Appointing Category (pleasa circle one):Busin6ss Rep Businoss Employee
Name: (ey''
Vemon Address:
Email:
Phone
Qualifications and Reasons for lnterest in Serving on the Vemon Housing Commission (anach
additional sheet if necgssary):
RECEIVED
JUL 0 8 20t5
IY ADMIIIISIRATION
Busin€ss Name (if applicablal: @
Title (if applicable), 2 slo- -
asid
lllail form to:
Email form to:
CiV Adminisffio/s ffic6, (105 Santa Fe Avenue, Vemon, CA 9qt58 -Attn: Lalia Hemandaz.
I harnandezt@ci.rerrrcn-ca-us
Gty oI Vemoq 43(5 S rta Fe Avenue, Vemon Califomia 905{l - Telephone (323) 583{Sf 1
signing below, you aftirm that )rou meet lhe requirements of the appointing category you
RECEIVED
JUL 0 2 2fit5
CIIY ADf,,IINISIRATIU
Business Employee
,1305 Santa Fe Avenue, Vernon. Califo.nia 90058
Telephone (321) 5&HBl l
VERNON HOUSING COMIjlISS]ON
Prospective Commission Member lnterest Form
June 25,2015
Name:
Business tlame (if apCicable): Li 5
Appointrng Category (please circle one): R6idont
Tl e (if applicable):
Vernon Address:
SL'{o,,:-
A Ai <?
Gl'r \.r
Emaill
Phone:
Qualifications and Reasons for lntorest in Serving on tho Vernon Housing Commission (anacn
if necessary):\ r,..
"ott,PJ
of the appointing category you
have
Signalure:
NOTE:
Mail fonn to: City Administrato/s Otfico, i
Attn: Lilia Hamandoz
Emailformto: lheman&@ci.wmon.ca.us
City of VemoG {3)5 Santa Fe Avenue, Vemon, Calinomia 9fr58 - Tdephone (323) 58}8811
@,ur,.-3f.-"-9. c"it
!""e ,,,1- . vr-tr'"s;,}
I ^.-1 3l I ". 1 l ^\ ,li:
Hernandez, Lilia
From:
Sent:
To:
Subject:
Attachments:
Thursday,.July 02, 2015 12:14 PM
Hernandez, Lilia
Housing Commission Application
Vernon Commission.pdf
Hi Ms. Hernandez,
Attached is a brief summary regarding "Housing Commission Member Interest"
I have been working as a Occupational Physician in Vernon since 1989 serving over 600 of Vernon's
employers, The City of Vernon and the Vernon Police Department since 1989. I have deep roots in the city
of Vernon. I am the owner of Stary Medical Center and have the honor of oFfering medical services to over
6,000 Vernon employees and business owners annually. I have developed a deep understanding of the
needs of employers and their workers.
In the time of need, I made numerous trips to Sacramento with our business partners to lobby, fighting
hard to keep Vernon - "Vernon".
I am the developer and owner of numerous properties spaning fron Hawaii to North Carolina and actively
manage our California apartment buibuildingsldings.
I believe in Sustainability and proved my dedication to the cause by installing a 68kW solar power
generating plant on our Vernon Wells Fargo poperty
I am a neutral party and have no interest or intention in developing residential properties in the City of
Vernon.
As a occupational / environmental physician I understand the potential hazards in our heavily Industrial
environment. I want assist the City Commission in working through any environmental issues that may
arise during the planing phase, minimizing impact the surrounding businesses he heart of our community.
the on our
Steven H. Flornan, ll.D.
Drplomate, American Academy of Patn Management
Fellow, American Academy of Disability Evaluatinq Physicians
Certified Medical Examiner FMCSA #7898561372 Exp. 1/2024
Certrfred Medical Review Officer #011021228
Licensed Radiography & Fluoroscopy Supervisor/Operator
43{15 Santa !e Avenue, Verno& Califomia 9@58
Telephone (323) 5&8611
VERNON HOUSING COMMISSION
Prospective Gommission Member lnterest Form
June 25, 2015
RECEIVED
JUL 06 ME
CITY ADMINISTRATION
Business Employee
trwds
{<rnovt 4qosK
Business Name (if applicable):
TiUe (if applicable):
Vemon Address:
Email:
Phone:
Qualifications and Reasons for lnteresl in Serving on the Vemon Housing Commission (attach
additbnal sheet ff necessary):
NOTE:
Mail form to:City Administratods Ofiice, 4gt5 Santa Fe Ayenue, Vemon, CA 90058 -Attn: Ulia Hemandez
Emailformto: lhemando@ci.vemon-ca.us
City of Vemoo 4g)5 Santa Fe Avenuq, Veanos Califomia 90(88 - Telephone (i23) 5IB-8811
Appointing pategory (please cirde one):
Name:
Cmpcrf Co.d Hr, ln(
City of vernon
Vemon Housing Commi$ion
Ulia Hemandez
4305 Santa Fe Avenue
Vemon, ca. 90058
Oear Mrs. Hernandez,
I am wrhinS in rcBards to the letter L€ceived for the Vemon rEiidents and Representatir€s oI
Employees of the Vermn Business Community. I urould like to apply for one of the Business
Representative seats.
Our company has been bcated in Vernon br a ftw years now and I have trown to love this city. I fuel
there Is much to offtr here bst that th€ city is \€ry undeNalued. HousinS here offers emdoyees the
comfon of lMn& workln& and educatlnS their chlldren all within a few mibs of each other; and in this
day in age, is unheard of.
Please mnsider me for one of the open appointment as I will urork hard to help the housing in this city.
Sincei
Cooper's Cold Foods, lnc.
Cooper's Cold Foods, inc. 4510 Seville Avenue Vehon, Ca. 90058 323-5t4-444O 3B -5a2-5651 (Fax)
!(}6 Santa Fe Avmue. Vemon, Calitromia 90058
Telephone (323) SElEEl 1
VERNON HOUSING GOMMISSION
Prospective Gommission Member Interest Form
June 25,2015
RECEIVED
Jut 0 6 286
CITY ADMINISTRATI(]
Appointing Category (please circle one): Resident
Vemon Address:4l\o !Lsrrucr BLv). ucn^t'r4 c4 -1oo sg
Email:
Phone:
Oualifications and Reasons for lnterest in Serving on the Vemon Housing Commission (attach
additional sheet Lnecessary): , , rL--.?. -{
Business Emplo),e€
BusinossName(irappricabrel Sl N Q.tt ftlh..( KEt tVQ,illl .
Tiue(itapplicable):
-
?'n,{l*g-0"fr
t
NOTE: By signing below, you affirm that you meet the req of the appointing category you
have indicated.
Signature:
NOTE:
ilail form to:
Email form to:
City Admini3trator's Ofiic., .L105 Santa Fa Avenue, Vemon, CA 90058 -Attn: Lilia Hemandoz.
City of Verno& ,$05 Santa Fe Avenue, Vemoq Califomia Xtr58 - Telephone (323) 58&881 1
ciuLsftq H gN6H
,1315 Santa Fe Avenue, Vernon, Califomia 905g
Telephone (323) 583S81 I
VERNON HOUSING COMMISSION
Prospective Commission Member lnterest Form
June 25, 2015
Appointing Category (please circle on€): Resident Businoss Rep Business Employee
Business Name (if applicable): AL'l Ll
Tiuo (if appticabtel, Vt.f ?tE, rOelf
L1 LLc rDen ALPER.T i AttrRr Iton " rt'lgrt, ttlc
Titto(if appricabrey, Vt.f 'PtEsrOeXf
or. kAL E rrrr
VemonAddress: l{6f 5mr tr6o srr.rt
Email:
Phone
Qualifications and Reasons for lnterest in s6Mng on the vernon Housing commission (attach
additional sheet if necessary):
?LeAsE sEE
NOTE: By signing below, you affirm that you me€t th6 requirements of the appointing category youhave indicated.
Signature:
Mail form to:
Email form to:
NOTE:
City Administato/s Office, ,(tos Santa Fe Avenue, Vernon, CA g0OSg _
Attn: Lilia Hernandez.
lhsmande@ci,vemon,ca.us
City of Vemon, ,13(E Santa Fe Avenue, Vemoo Calilomia 9fl)68 _ Telephone (323) 58$8811
Name:
.l,l* : I ;';.; July 7, 2015
L ii'i' r,i,r;riI ' l: i iIi\Ti0 "
To l/Vhom lt May Concem:
I wish to serve as a Business Representative on the Vemon Housing Commission given my
background and education in housing policy.
My interest in residential real estate started at age 16, when I worked for an apartment developer.
During this experience, I began to leam about the inticacies of private enterPrise working in
coordination with public policy. That initial exposure led me to study Real Estate and Urban
Development at the Universig of Pennsylvania. I focused on various aspects of real esiate, taking
courses such as Ulban Public Policy and Private Economic Development, Urban Redevelopment,
lnternational Housing Comparisons, as well as Urban Markets and Residential Development.
Afier college, I worked as an investmant banker covering the homebuilding sec{or, and today, I
serve as the Vice President of Alpert Properties. During my career, I have seen the extremes of
real estate cycles and have leamed how best to manage properties, transac{ions and
relationships during both good and bad economic times.
I would like to join the Housing Commission as Vemon begins to to expand its residential
community with Vemon Mllage Park Apariments. Given my background and interest in residential
real estate, I would be a key asset to Vemon's Housing Commission.
Thank you for your consideration,
Scott
Scott Kelrick
o!
. 43b Santa Fe Avenuq Vemon Califomia 9ffiE
Telephdp (32,) sElEErl
VERNON HOUSING COMMISSION
Prospective Gommission f,lember lnterest Form
June 25, 2015
Appointing Cgtegory (please circlG one):Resident Bu3in63s Emplo!€a
Busi
riue (if appricable), L o- otz ru € R
Vemon
Email:
Phone:
Qualifications and Reasons for lnterest in SewirE on the Vemon Housing Commission (attach
additional sheet if necessary):
City Adminbtrato/s Ofiic€. €05 Santa Fe Awr s, VemoG CA 90058 -Aih: Lilia Hernandce
lhemandee€ci.wmon-ca.us
city of Vemoo 43{5 Santa Fe Avenu€, Vemoo Caliiomia 9fl}58 - Tel?hm€ (323) 58}681 f
RECEIVED
Jl,[ l3 m6
CiIY ADlri I i'lISTRAT| 0N
Business R€p
belour, )@u aftirm lhat )pu meet th€ requirements of the appointing category )rou
llail fofm to:
Email form to:
From:
Sent:
To:
SubjeGt:
Begin forwarded
Frank Novak
Monday, July 13,
Hernandez, Lilia
Fwd: housing Commission Application
Prc
2
As a property and business owner based in Vernon, lwould like to take a more active role in the
development of it as a role model for the nation. Having a housing program with clear goals will help
crate a firewall against criticism from Sacramento. Thls is vital for securing Vernon's autonomy.
I and my brother lay founded Modernica, a design and Manufacturing company 25 years ago. I would
like to contribute my knowledge of design to the betterment of Vernon. Why not build exceptional LEED
certified housing with ample green spaces, far above and beyond what is 'expected'. Build housinB that
is so exceptional, that it gets widely published and serves as a calling card for the city's exceptionalism.
3
43{E Santa Fe Avenue, Vemm, Califomia 9fl)58
Tehphtlre (3Zl) 580.881r
VERNON HOUSING COMMISSION
Prospectlve Gommlssion Member lnterest Form
June 25,2015
Appolnltng Catogory (plaaso clrclo ono): Rssldont Bustnoss Rap 1gg,"]q"o E_afilrig),
Namo: Hoctor J. Garda
Buslness Name (ll applicabls): ct.{phorty pr.krnq I I c
Tlll6(lfappllcablo): FnvtranrnontalFnotnAA.
Vornon Addross: 3049 E. V€mm Av6.. Vomn. CA 9O0SB
Emall:
Phone:
Quallfcatons and Roasons ,or lntorost ln Sorvlng on lho Vemon Houslng Commlsslon (a[ach
addltlonal shool ll nocossary):
and lhe Vemon Groon Commlsslon.
NOTE: By signlng belo,t , )tou afllrm that you mool tho roqulroments of th6 appoln$ng catogory you
havs lndlcatod.
Signaturo:
Mall form to:
Emall form lo:
Clty Admlnlslrator's Ofrlco, 4305 Santa Fo Avanuo, VornoJr, GA 9005E -Attn: Lilla Hemandez.
City of Vcmon, {il{E Santa Fe Avenue, Vernoq Calilomia 90018 - Telephone (323) 5&}B8tt
RECEIVED
JUL t6 206
CIIY ADMIi\JISIRAIION
NOTE:
REGEIVED
JUL 2 9 2015
CITY CLERt{'S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:Proposed "Opt-Out" Opportunity for Vernon Tenants Impacted by the
Vernon Ilousing Remodel Project
Recommendation
A. Find that approval and authorization of the proposed "opt-out" option related to the
remodel of City-owned housing units is exempt under the Califomia Environmental
Quality Act C'CEQA) in accordance with Section 15061(bX3), the general rule that
CEQA only applies to projects that may have an effect on the environment; and
B. Approve and authorize staff to provide the seven tenarts impacted by the proposed
Vemon Housing Remodel Project an "opt-out" opporrunity.
Background
On April 7,2015, in response to a recommendation from the Vemon Housing Commission, the
City Council directed staff to facilitate the remodel of the seven City-owned housing units in
Vemon that were not remodeled as part of the 200712008 remodel of all other City-owned
housing units in Vemon to the standard utilized in 200712008. At the same time, the City
Council directed staff to utilize the two City-owned condos in Huntington Park for the temporary
relocation of tenants that will need to be displaced dwing the remodel work.
As staff has verbally reported at subsequent City Council meetings, several developments have
occurred since the April 7t City Council meeting causing staff to re-evaluate its approach to
certain aspects of the remodel project. This staff report ad&esses the fust of those developments
and a new related concem.
On or about June 17,2015, the City received a letter from one of the tenants who would be
impacted by the proposed remodel project expressing concem about the impact a temporary
relocation would have on him and his spouse due to their age and medical and physical
conditions. As such, the tenant requested his unit be placed last on the remodel list. (Pwsuant to
the lottery conducted by the Housing Commission on June 10, 2015, this unit was placed fust on
August 4, 2015
Honorable Mayor and City Council
Mark C. Whitworth, City Administrato
Originator: Kristen Enomoto, Deputy Cit)
Page I of2
the remodel list.) Upon consideration of the request and consultation with legal counsel, staff
believed it was appropriate to move this unit to the end of the remodel schedule and re-evaluate
the situation upon reaching that point in the schedule.
Upon further discussion with legal counsel, and in an effort to be as fair as possible to all tenants,
staff believes it would be appropriate to provide a one-time "opt-out" oppornrnity to each of the
seven tenants who would be impacted by the remodel project. Staff recommends such an option
be provided to all seven tenants simultaneously, prior to the drafting of the bid notice for the
remodel work, and that such option be available at this time only. For tenants that "oprin," the
remodel activities would proceed consistent with the City Council's April 7ft directive. For
tenants that "opt-out," the City would remodel those units, consistent with the remodel standards
established in 2007 /2008, when the current tenants vacate those units.
Fiscal Impact
The fiscal impact that may result based on the recommendations in this staff report are not
specifically known at this time. However, the remodel of each housing unit is currently
anticipated to cost approximately $100,000 - $120,000, and it's anticipated that remodel costs
would be higher in the future. It is also anticipated that on-going maintenance and repair costs
will be higher for non-remodeled units than they are for remodeled units. Lastly, remodeled
units rent for higher amounts than non-remodeled units, so total rental income is impacted by the
total number ofremodeled units.
Attachment(s)
None.
Page 2 of 2
REel=:\/EE
JUL3iJ
CITY CLEI(() 0i;iCE
DATE:
TO:
August 4, 2015
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief /Mr*Originator: Adriana Ramos, Ad-ministrative Secretary
STAFF REPORT
FIRE DEPARTMENT CIT\
RE:A Resolution of the City Council of the City of Vernon Establishing the
Terms Set with Oshkosh Capital for the Ten (10) Year Lease-Purchase
Agreement
Recommendation
A. Find that approval ofthe resolution proposed in this staff report is exempt from California
Environmental Quality Act ("CEQA") review, because it is an administrative purchasing
activity that will not result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project" as defined by CEQA Guidelines section 15378.
Furthermore, even if it were a project, because such activity will not have any effect on the
environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment; and
B. Adopt the attached resolution establishing the terms set with Oshkosh Capital for the recently
approved ten (10) year Lease-Purchase Agreement for two (2) 2016 Pierce PUC Triple
Combination Pumpers.
Background
On July 21, 2015 the City ofVernon City Council approved and authorize the execution ofa ten (10)
year Lease-Purchase Agreement with Oshkosh Capital in the amount of $1,321,836.49, for two (2)
2016 Pierce PUC Triple Combination Pumpers, to be supplied from Pierce Manufacturing Inc., for
the Fire Department that will replace two current engines that were purchased in 1989 and no longer
meet the needs of the department. Oshkosh Capital is requesting that the City adopt a resolution
establishing the terms set within the Lease-Purchase Agreement.
Fiscal Imoact
There is no fiscal impact associated with the proposed resolution.
Page 1 of2
Attachment(s)
l. Proposed resolution with partially executed Master Lease-Purchase Agreement between City
of Vemon and Oshkosh Capital
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AT]]THORI Z ING THE EXECUIION OF A
MASTER LEASE PURCHASE AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND OSHKOSH CAPITAI FOR TWO 2015
PIERCE PUC TRIPLE COMBINATION PWPERS
WHEREAS, the Clty of Vernon (the "CiEy"), is a municipal
corporation and a chartered city of the State of Cal-if ornia organized
and existing under its Charter and the Constsitution of the State of
California; and
WHEREAS, pursuant to applicable ]aw, the City is authorized
to acguire. dispose of and encumlcer real and personal property,
including, without limitation. rights and interest in property, leases
and easements necessary to the functions or operations of the City;
and
WHEREAS, by memorandum dated August 4, 2O)-5, t.he Fire Chief
has recommended the approval of a Master Lease Purchase Agreement (the
"AgreemenE"), for an amount-not-to exceed $1,321,835.49, with Oshkosh
Capital for two 2015 Pierce PUC Triple Combination Pumpers, to be
supplied from Pierce Manufacturing Inc., a subsidiary company of
Oshkosh Capitaf, tso replace two current engines that were purchased in
l-989 and no longer meet t.he needs of Ehe Fire Department; and
WHEREAS, the City Council of the City of Vernon desires to
approve the Agreement. wit.h Oshkosh Capital .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI]NCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION L: The City Council of t.he Cit.y of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTfON 2: The City Council of the City of Vernon finds
that this acEion is exempt from CaLifornia Environmental euality Act
('CEQA') review, because it is an administrat.ive purchasing activity
that will not. result in direct or indirect physical changes in the
environment, and t.herefore does not constitute a ,'project" as defined
by CEQA Guidelines section 15378. Furthermore, even if it. were a
project, because such activity will not have any effect on the
environment, this action wou]d be exempt. from CEQA review pursuant to
CEQA Guidelines Section 15061(b) (3), the general rule t.hat CEQA only
appl j-es to projects that may have an effect on the environment.
SECTION 3:The City Council of Ehe City of Vernon hereby
approves the Master Lease Purchase Agreement with Oshkosh Capital, in
substantially the same form as the copy which is att.ached hereto as
Exhibit A.
SECTION 4: The City Council of tshe City of Vernon hereby
authorizes tshe Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behal-f of, the City of Vernon and the City CLerk, or Deputy
City Cl-erk, is hereby authorized to attest thereto.
SECTION 5: The City Council of Ehe City of Vernon hereby
instructs the City Administrator, or his designee, to take what.ever
actions are deemed necessary or desirable for t.he purpose of
impl-ementing and carrying out the purposes of lhis Resolution and the
transactions herein approved or auEhorized, including but not limited
to, any non-substantive changes to the Agreement attached herein.
SECTION 5: The City Council- of tshe City of Vernon hereby
directs the City Clerk, or t.he Deputy City Cl-erk, to send a fu11y
executed Agreement to Oshkosh Capital.
2
SECTION 7: The City Clerk, or Deputy City C1erk, of the
CiEy of Vernon sha1l certify to the passage, approval and adoption of
this resolut.ion, and t.he Cit.y CLerk. or Deputy City C1erk, of the City
of Vernon shall cause this resolution and Ehe City Clerk, s, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Councif of this Cit.y.
APPROVED AND ADOPTED this 4th day of August, 2015.
Name :
Title: l!4yor / Mayor Pro-Tem
ATTEST :
City Clerk / Oeputy CiEy Clerk
APPROVED AS TO FORM:
Brian B)run, Deputy City Attorney
3
STATE OF CALIFORNIA )
) ss
COTINTY OF LOS ANGELES )
T,, City Clerk / Deputy City Clerk of the City
of vernon, do hereby certify Ehat the foregoing Resol-ution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meet.ing of the City
Counci] duly held on Tuesday, August 4, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the Citsy of Vernon.
Executed thj-s day of August, 2015, at Vernon, California.
City Clerk / Deputy City Clerk
(SEAI)
4
EXHIBIT A
Master Lease-Purchase Agreement
Between
City of Vernon and Oshkosh Capital
tr
tr
o
tr
E]
tr
E05
Master Lease-Purchase Agreement
Between
CITY oF VERNoN AND OSHKoSH CAPITAL
DOCUMENTINDEX
Master Lease-Purchase Agreement - Sign and provide title on the last page
Lease Schedule with Schedule A-1 - Sign and title
Vehicle Schedule Addendum -.Sign and title
lncumbency Certificate and Resolution- List your authorized signo(s) and title(s); have
secretary or appropriate trustee attest to the information and signature(s) provided by
signing and printing his/her name, title and date. The person who validates the
signatures should 4! sign the lease documents. The resolution must reflect the
title(s) of the individual(s) who have authorization to sign the documents.
Opinion of Counsel Letter - Enclosed is a template. Please ask your attomey to prepare
on his/her letterhead, and include all of the items in the template.
Title - The terms of your contract specify that the Lender be listed as the
lienholder and hold the original title during the term of the lease. ln addition, we
will need a copy of the front and back of the MSO listing Oshkosh Capital, 995
Dalton Ave, Cincinnati, OH 45203 as first lien holder.
lnsurance Request Form - Fill in your insurer's information and sign. Please contact
your insurer, prior to delivery, to obtain a certificate of insurance. Please enclose the
certificate with the signed documentation or have the insurer fax the certificate directly to
me.
Three Party Agreement - Sign and title.
Delivery & Acceptance Certificate - At point of delivery, fill out this form and fax it to
me. Please return the original via US Postal Service.
IRS FORM 8038-G - Sign, date, and title
Minutes of Goveming Body (approving the purchase & finance of equipment) - Please
return a copy with the documents.
Sales Contracf or Purchase Order - please provide a copy of the Sales Contract
enter into with Pierce Manufacturtng or a copy of the Purchase Order ,ssued (o
Pierce Manufacturing lnc.
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MASTER LEASE - PURCHASE AGREEMENT
Dated as of July 24. 2015
This Master Lease-Purchase Agreement together with all addenda, riders and attachments
hereto, as the same may from time to time be amended, modified or supplemented ("Master Lease,,) ismade and entered by and between Oshkosh Capital ('Lessor") and the Lessee identified below
("Lessee").
LESSEE:Citv of Vemon
1 LEASE OF EQUIPMENT. Subject to the terms and conditions of this Master Lease, Lessor agrees to
lease to Lessee, and Lessee agrees to lease from Lessor, all Equipment described in each Sahedule
signed from time to time by Lessee and Lessor.
2- CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicabte to both the singular
and plural form of such terms. (a) 'Schedule' means each Lease Schedule signed and delivere-d Uy
Lessee and Lessor, together with all addenda, riders, aftachments, certificates and exhibits thereto, ai
the same may from time to time be amended, modified or supplemented. Lessee and Lessor agree that
each Schedule (except as expressly provided in said Schedule) incorporates by reference all of the termsand conditions of the Master Lease. (b) 'Lease" means each Schedule and this Master Lease as
incorporated into said schedule. (c) "Equipment" means the property described in each Schedule,
together wlth all attachments, additions, accessions, parts, repairs, improvements, replacements and
substitutions thereto, (d) "Lien" means any security interest, lien, mortgage, pledge, encumbrance,judgment, execution, attachment, wanant, writ, levy, other judicial procesi or claim of any nature
whatsoever by or of any person_
3. LEASE TERM. The term of the lease of the Equipment described in each Lease ('Lease Term')
commences on the first date any of such Equipment is accepted by Lessee pursuant to Section 5 hereof
and, unless earlier terminated as expressly provided in the Lease, continues until Lessee's payment andperformance in full of all of Lessee's obligations under the Lease.
4. RENT PAYMENTS.
4-1 For each Lease, Lessee agrees to pay to Lessor the rent payments in the amounts and at the
times as set forth in the schedule A-1 attached to the schedule ('Rent payments'). A portion of each
Rent Payment is paid as and represents the payment of interest as set forth in the Schedule A-1. Rent
Payments will be payable for the Lease Term in U.S. dollars, without notice or demand at the office of
Lessor (or such other place as Lessor may designate from time to time in writing).
4.2 lf Lessor receives any payment ftom Lessee after the due date, Lessee shall pay Lessor on
demand as a late charge five per cent (5%) of such overdue amount, limited, however, to the maximum
amount allowed by law.
4,3 EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6 HEREOF OR IN ANY WRITTEN
MODIFICATION TO THE LEASE SIGNED BY LESSOR, THE OBLIGATION TO PAY RENT PAYMENTS
UNDER EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND SHALL
NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT
FOR ANY REASON WHATSOEVER.
5. DELTVERY; ACCEPTANCE; FUNDTNG COND|T|ONS.
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5.1 Lessee shall anange for the transportation, delivery and installation of all Equipment to the
location specified in the Schedule ('Location") by Equipment suppliers ("Supptiers") selected by Lessee.
Lessee shall pay all costs related thereto unless Lessor otheMise agrees to pay such costs as stated in
the Schedule.
5.2 Lessee shall accept Equipment as soon as it has been delivered and is operational. Lessee
shall evidence its acceptance of any Equipment by signing and delivering to Lessor the applicable
Schedule. lf Lessee signs and delivers a Schedule and if all Funding Conditions have been setisfied in
full, then Lessor will pay or cause to be paid the costs of such Equipment as stated in the Schedule
("Purchase Price") to the applicabte Supplier.
5.3 Lessor shall have no obligation to pay any Purchase Price unless all reasonable conditions
established by Lessor ("Funding Conditions') have been satisfied, including, without limitation, the
following: (a) Lessee has signed and delivered the Schedule and its Schedule A-1; (b) no Event of Defautt
shall have occuned and be continuing; (c) no material adverse change shall have occuned in the lntemal
Revenue Code of 1986, as amended, and the related regulations and rulings thereunder (collectively, the
'Code"); (d) no material adverse change shall have occuned in the financial condition of Lessee or any
Supplier; (e) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (excepl
Lesso/s Llens); (f) all representations of Lessee in the Lease remain true, accurate and complete; and (g)
Lessor has received all of the following documents, which shall be reasonably satisEctory, in form and
substance, to Lessor: (1) evidence of insurance coverage required by the Lease, (2) an opinion of
Lessee's counsel; (3) reasonably detailed invoices for the Equipment; (4) Uniform Commercial Code
(UCC) financing statements; (5) copies of resolutions by Lessee's goveming body, duly authorizing the
Lease and incumbency certificates for the person(s) who will sign the Lease; (6) such documents and
certific€tes relatlng to fie tax-exempt interest payable under the Lease (including, without limit€tion, IRS
Form 8038G or 8038GC) as Lessor may requesq and (7) such other documents and information
previously identified by Lessor or otherwise reasonably requested by Lessor.
6. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS.
6.1 For each Lease, Lessee represents and wanants: that it has appropriated and budgeted
the necessary funds to make all Rent Payments required pursuant to such Lease for the remainder of the
fiscal year in which the Lease Term commences; and that it intends to make Rent Payments for the full
Lease Term as scheduled on the applicable Schedule A-1 so long as funds are appropriated in each
fiscal year by its goveming body. Lessee reasonably believes that moneys in an amount sufficient to
make all Rent Paymenb can and will lawfully be appropriated and made available therefor. All Rent
Payments shall be payable out of the general funds of Lessee or out of other funds legally available
therefor. Lessor agrees that the Leases will not be general obligations of Lessee and that the Leases
shall not constitute pledges of either the full faith and credit of Lessee or the taxing power of Lessee.
6.2 If Lessee's governing body fails to appropriate sufficient funds in any fiscal year for Rent
Payments or other payments due under a Lease and if other funds are not available for such payments,
then a "Non-Appropriation Evenf shall be deemed to have occuned. lf a Non-Appropriation Event
occurs, then: (a) Lessee shall give Lessor immediate notice of such Non-Appropriation Event and provide
written evidence of such failure by Lessee's goveming body; (b) on the Retum Date, Lessee shall retum
to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole
expense, in accordance with Section 21 hereof; and (c) the affected Lease shall terminate on the Retum
Date without penalty or expense to Lessee, provided, that Lessee shall pay all Rent Payments and other
amounts payable under the affected Lease for which funds shall have been appropriated or are otherwise
available, provided further, that Lessee shall pay month-to-month rent at the rate set forth in the affected
Lease for each month or part thereof that Lessee fails to retum the Equipment under this Section 6.2.
'Retum Date" means the last day of the fiscal year for which appropriations were made for the Rent
Payments due under a Lease.
7. NO WARRANTY BY LESSOR. The Equipment is sold.AS tS". LESSEE ACKNOWLEDGES
THAT LESSOR DID NOT MANUFACTURE THE EQUIPMENT. LESSOR DOES NOT REPRESENT
THE i/IANUFACTURER, OWNER, OR DEALER, AND LESSEE SELECTED THE EQUIPTIENT BASEO
UPON LESSEE'S OWN JUDGMENT. LESSOR MAKES NO U'ARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR F]TNESS FOR A PARTICULAR PURPOSE
OR OTHERWSE OR AS TO THE EQUIPMENT'S VALUE, DESIGN, CONDITION, USE, CAPAC]TY OR
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DURABIL]TY. LESSEE AGREES THAT REGARDLESS OF GAUSE, LESSOR IS NOT RESPONIdiBLE
FOR, AND LESSEE wlLL NOT MAKE ANY CLAIM AGAINST LESSOR FOR, ANY DAi'AGES,
WHETHER CONSEQUENTIAL, DIRECT, SPECIAL OR INDIRECT INCURRED BY LESSEE IN
CONNECTION WITH THE EQUIPMENT OR THIS UASTER LEASE - LEASE PURCHASE
AGREEMENT. NEITHER THE MANUFACTURER, THE DEALER, NOR ANY SALESPERSON,
EMPLOYEE OR AGENT OF THE DEALER OR MANUFACTURE& IS LESSOR'S AGENT OR HAS
ANY AUTHORITY TO SPEAK FOR LESSOR OR TO BIND LESSOR tN ANY WAY. For and during the
Lease Term, Lessor hereby assigns to Lessee any manufacture/s or Suppliefs product waranties,
express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary
services fumished in connection with such wananties at Lessee's sole expense. Lessee agrees that (a)
all Equipment will have been purchased by Lessor in accordance with Lessee's specifications ftom
Suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no
liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to
any manufacture/s or Supplie/s product wananties or guaranties, (d) no manufacturer or Supplier or any
representiative of said parties is an agent of Lessor, and (e) any wananty, representation, guaranty or
agreement made by any manufacturer or Supplier or any representatlve of said partles shall not be
binding upon Lessor.
8. TITLE; SECURITYINTEREST.
8.1 Upon Lessee's acceptance of any Equipment under its Lease, title to the Equipment shall
vest in Lessee, subject to Lessofs security interest therein and all of Lessor's other rights under such
Lease including, without limitation, Sections 6, 20 and 21 heteol.
8.2 As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first
priority security interest in any and all of the Equipment (now existing or hereafter acquired) and any and
all proceeds thereof. Lessee agrees to execute and deliver to Lessor all necessary documents to
evldence and perfect such security interest, including, without limitation, Unfform Commercial Code
(UCC) financing statemenG and any amendments thereto.
8.3 'Secured Obligations" means Lessee's obligations to pay all Rent Payments and all other
amounts due and payable under all present and future Leases and to perform and observe all covenants,
agreements and @nditions (direct or indirect, absolute or contingent, due or tic become due, or exisfng or
hereafter arising) of Lessee under all present and ftrture Leases.
9. PERSONAL PROPERW. AII Equipment is and will remain personal property and will not be
deemed to be affixed or attached to real estate orany building thereon-
10. MAINTENANCE AND OPERATION. Lessee agrees it shall, at its sole expense: (a) repair and
maintain all Equipment in good condition and working order, in accordance with manufacturefs
instructions, and supply and install all replacement parts or other devices when required to so maintain
the Equipment or when required by applicable law or regulation, which parts or devices shall
automatically become part of the Equipment; and (b) use and opeE e all Equipment in a careful manner
in the normal course of iG operations and only for the purposes for which it was designed in accordance
with the manufaclureis wananty requiremenG, and comply with all laws and regulations relating to the
Equipment. lf any Equipment is customarily covered by a maintenance agrcement, Lessee will fumish
Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or
other service for any Equipment will be provided by Lessor. Lessee will not make any alterations,
additions or improvements ('lmprovements") to any Equipment without Lessor's prior written consent
unless the lmprovements may be readily removed without damage to the operation, value or utility of
such Equipment, but any such lmprovements not removed prior to the termination of the applicable Lease
shall automatically become part of the Equipment.
11. LOCATION; INSPECTION. Equipment will not be removed from, or if Equipment ls rolling stock its
permanent base will not be changed fiom, the Locetion without Lessofs prior written consent which will
not be unreasonably withheld. Upon reasonable notice to Lessee, Lessor may enter the Location or
elsewhere during normal business hours to inspect the Equipment.
12. LIENS, SUBLEASES AND TAXES.
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12.1 Lessee shall keep all Equipment ftee and clear of all Liens except those Liens created under
its Lease. Lessee shall not sublet or lend any Equipment or permit it to be used by anyone other than
Lessee or Lessee's employees.
12.2 Lessee shall pay when due all Taxes which may now or hereafter be imposed upon any
Equipment or its ownership, Ieasing, rential, sale, purchase, possession or use, upon any Lease or upon
any Rent Payments or any other payments due under any Lease. lf Lessee fails to pay such Taxes when
due, Lessor shall have the right, but not the obligation, to pay such Taxes. lf Lessor pays any such
Taxes, then Lessee shall, upon demand, immediately reimburse Lessor therefor. 'Taxes" means present
and future taxes, levies, duties, assessments or other govemmental charges that are not based on the
net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, without
limitation (a) sales, use, excise, licensing, registEtion, titling, gross receipts, stamp and personal property
taxes, and (b) interest, penalties or fines on any of the foregoing.
13. R|SK OF LOSS.
13.1 Lessee bears the entire risk of loss, theft, damage or destruction of any Equipment in whole
or in part from any reason whatsoever ('Casualty Loss'). No Casualty Loss to any Equipment shall
relieve Lessee from the obligation to make any Rent Payments or to perform any other obligation under
any Lease. Proceeds of any insurance recovery will be applied to Lessee's obligations under this Section
13.
13.2 lf a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor of the
same and Lessee shall, unless otherwise directed by Lessor, immediately repair the same.
13.3 lf Lessor determines that any item of Equipment has suffered a Casuatty Loss beyond repair
("Lost Equipment"), then Lessee shall either: (a) immediately replace the Lost Equipment with similar
equipment in good repair, condition and working order free and clear of any Liens (except Lessols Liens)
and deliver to Lessor a bill of sale coveing the replacement equipment, in which event such replacement
equipment shall automatically be Equipment under $e applicable Lease; or (b) on the next scheduled
Rent Payment date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the
Rent Payment due on such date plus (ii) an amount equal to the applicable Termination Value set forth in
the Payment Schedule to the applicable Lease. lf Lessee is making such payment with respect to less
than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the
Rent Payment and Termination Value to be paid by Lessee nith respecl to the Lost Equipment.
13.4 Lessee shall bear the risk of loss for, shall pay direcuy, and shall defend against any and all
claims, liabilities, proceedings, actions, expenses (including reasonable attomey's fees), damages or
losses arising under or related to any Equipment, including, but not limited to, the possession, ownership,
lease, use or operation thereof. These obligations of Lessee shall survive any expiration or termination of
any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings,
actions, expenses (including attomey's fees), damages or losses which arise direcfly from events
occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the
applicable Lease or which arise directly ftom the gross negligence or willful misconduct of Lessor.
14. INSURANCE.
'14.1 (a) Lessee at iG sole expense shall at all times keep all Equipment insured agalnst all risks
of loss or damage from every cause whatsoever for an amount not less than the Termination Value of the
Equipment. Proceeds of any such insurance covering damage or loss of any Equipment shall be payable
to Lessor as loss payee. (b) The Total Amount Financed as set forth on the Schedule A-1 does not
include the payment of any premium for any liability insurance coveEge for bodily injury and/or property
damage caused to others and no such insurance will be purchased by Lessor. (c) Lessee at its sole
expense shall at all times carry public liability and property damage insurance in amounts reasonably
satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to peGons and damage to
property of others relating in any way to any Equipmenl Proceeds of any such public liability or property
insurance shall be payable first to Lessor as additional insured to the extent of its liability, and then to
Lessee.
14.2 All insurers shall be reasonably satisfactory to Lessor. Lessee shall promptly deliver to
Lessor satisfactory evidence of required insurance coverage and all renewals and replacements thereof.
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Each insurance policy will require that the insurer give Lessor at least 30 days prior written notice of any
cancellation of such policy and will require that Lessofs interests remain insured regardless of any act,
elTor, misrepresentation, omission or neglect of Lessee. The insurance maintained by Lessee shall be
primary without any right of contribution from insurance which may be maintained by Lessor.
15. PURCHASE OPTION. Upon thirty (30) days prior written notice by Lessee to Lessor, and so long as
there is no Event of Default then existing, Lessee shall have the option to purchase all, but not less than
all, of the Equipment covered by a Lease on any Rent Payment due date by paying to Lessor all Rent
Payments then due (including accrued interest, if any) plus the Termination Value amount set forth on the
Payment Schedule to the applicable Lease for such date. Upon satisfiaction by Lessee of such purchase
conditions, Lessor shall release its Lien on such Equipment and Lessee shall retain its title to such
Equipment 'AS-|S, WHERE-IS,' without representation or wananty by Lessor, express or implied, except
for a representation that such Equipment is free and clear of any Liens created by Lessor,
16. LESSEE'S REPRESENTATIONS AND WARRANTTES. Wth respect to each Lease and its
Equipment, Lessee hereby represents and wanants to Lessor that:
(a) Lessee has full rcwer, authority and legal right to execute and deliver the Lease and to
perform its obligations under the Lease, and all such actions have been duly authorized by appropriate
findings and actions of Lessee's goveming body;
(b) the Lease has been duly executed and delivered by Lessee and constttutes a legal, valid and
binding obligation of Lessee, enforceable in accordance with its terms;
(c) the Lease is authorized under, and the authorization, execution and delivery of the Lease
complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all
open meeting, public bidding and property acquisition laws) and all applicable judgments and court
orders;
(d) the execution, delivery and performance by Lessee of its obligations under the Lease will not
result in a breach or violation of, nor constitute a default under, any agreement, Iease or other instrument
to which Lessee is a party or by which Lessee's properties may be bound or affected;
(e) there is no pending, or to the best of Lessee's knowledge threatened, litigation of any nature
may have a material adverse effect on Lessee's abillty to perform its obligattons under the Lease;
(f) Lessee is a state, or a political subdivision thereof, as referred to in Section 103 of the Code,
and Lessee's obligation under the Lease constitutes an enforceable obligation issued on behaff of a state
or a political subdivision thereof.
17. TAX COVENANTS. Lessee hereby covenants and agrees that:
(a) Lessee shall comply with all of the requirements of Section '149(a) and Section 149(e) of the
Code, as the same may be amended from time to time, and such compliance shall include, but not be
limited to, keeping a complete and accurate record of any assignments of any Lease and executing andflling lntemal Revenue Form 8038G or 8038GC, as the case may be, and any other information
statements reasonably requested by Lessor;
(b) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act
allow, any Lease to be an 'arbitrage bond" within the meaning of Section 148(a) of the Code or any Lease
to be a "private activity bond" within the meaning of Section 141(a) of the Code; and
(c) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act
allow, the interest portion of any Rent Payments to be or become includable in gross income for Feileral
income taxation purposes under the Code_
(d) lf Lessor either (i) receives notice, in any form, from the IRS; or (ii) reasonably determines,
based on an opinion of independent tax counsel selected by Lessor and approved by Leisee, which
approval Lessee shall not unreasonably withhold, that Lessor may not exclude the interest component of
which
and
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any Rent Payment under a Tax-Exempt Lease from federal gross income because Lessee Or"""n"?u"
covenant contained herein, then Lessee shall pay to Lessor, within thirty (30) days after Lessor notifies
Lessee of such determination, the amount which, with respect to Rent Payments previously paid and
taking into account all penalties, fines, interest and additions to ta.x (including all federal, state and local
taxes imposed on the interest component of all Rent Payments under such Tax-Exempt Lease due
through the date of such event) that are imposed on Lessor as a result of he loss of the exclusion, will
restore to Lessor the same after-tax yield on the transaction evidenced by such Tax-Exempt Lease
(assuming tax at the highest marginal corporate tax rate) that it would have realized had the exclusion not
been lost. Additionally, Lessee agrees that upon the occunence of such an event with respect to a
Tax-Exempt Lease, it shall pay additional rent to Lessor on each succeeding Rent Payment due date in
such amount as will maintain such after-tax yield to Lessor. Lessols determination of the amount
necessary to maintain its after-tax yield as provided in this subsection (b) shall be conclusive (absent
manifest enor). Notwithstanding anything in a Tax-Exempt Lease to the contrEry, any payment that
Lessee is required to make pursuant to this subsection (b) shall be made only from Legally Available
Funds.
18, ASSIGNMENT.
'18.1 Lessee shall not assign, transfer, pledge, hypothecate, nor grant any Lien on, nor otheMise
dispose of, any Lease or any Equipment or any interest in any Lease or Equipment.
18.2 Lessor may assign its rights, title and interest in and to any Lease or any Equipment, and/or
may grant or assign a security interest in any Lease and its Equipment, in whole or in part, to any party at
any time. Any such assignee or lien holder (an 'Assignee') shall have all of the rights of Lessor under the
applicable Lease. LESSEE AGREES NOT TO ASSERT AGAINST ANY ASSTGNEE ANY CLA|MS,
ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIII'ILAR
DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otheruise agreed by Lessee in
writing, any such assignment transaction shall not release Lessor ftom any of Lessor's obligations under
the applicable Lease. An assignment or reassignment of any of Lessor's right, title or interest in a Lease
or its Equipment shall be enforceable against Lessee only after Lessee receives a written notice of
assignment which discloses the name and address of each such Assignee. Lessee shall keep a
complete and accurate record of all such assignments in the form necessary to comply with Section
149(a) ofthe Code. Lessee agrees to acknowledge in writing any such assignments if so requested-
18.3 Each Assignee of a Lease hereby agrees that (a) the term Secured Obligations as used in
Section 8.3 hereof is hereby amended to include and apply to all obligations of Lessee under the
Assigned Leases and to exclude the obligations of Lessee under any Non-Assigned Leases; (b) said
Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any Non-Assigned
Leases; and (c) Assignee shall exercise its rights, benefits and remedies as the assignee of Lessor
(including, without limitatron, the remedies under Section 20 of the Master Lease) solely with respect to
the Assigned Leases. "Assigned Leases" means only those Leases which have been assigned to an
Assignee pursuant to a written agreement; and "Non-Assigned Leases' means all Leases excluding the
Assigned Leases.
18.4 Subject to the foregoing, each Lease inures to the benefit of and is binding upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
19. EVENTS OF DEFAULT. For each Lease, 'Event of Defaulf means the occurrence of any one or
more of the following events as they may relate to such Lease: (a) Lessee fails to make any Rent
Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any
such failure continues for ten (10) days after the due date thereot (b) Lessee fails to perform or observe
any of its obligations under Sections 12.1,14 ot 18.1 hereof; (c) Lessee tails to perform or observe any
other covenant, condition or agreement to be performed or observed by it under the Lease and such
failure is not cured within thirty (30) days after receipt of written notice thereof by Lessor; (d) any
statement, representation or wananty made by Lessee in the Lease or in any writing delivered by Lessee
pursuant thereto or in connection therewith proves at any time to have been false, misleading or
erroneous in any material respect as of the time when made; (e) Lessee applies for or consents to the
appointment of a receiver, trustee, conservator or liquidator of Lessee or of all or a substiantial part of its
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assets, or a petition for relief is flled by Lessee under any federal or state bankruptcy, insoUffi or
similar law, or a petition in a proceeding under any federal or state bankruptcy, insolvency or similar law is
filed against Lessee and is not dismissed within sixty (60) days thereaften or (0 Lessee ihall be in default
under any other Lease or under any other financing agreement executed at any time with Lessor.
20. REMEDIES lf any Event of Default occurs, then Lessor may, at its option, exercise any one or more
of the following remedies:
(a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all amounts then
currently due under all Leases and all remaining Rent Payments due under all Leaies during the fiscal
year in effect when the default occurs together with interest on such amounts at the highest lawful rate
from the date of Lessofs demand for such payment.
(b) Lessor may require Lessee to promptly retum all Equipment to Lessor in the manner set forth
in Section 21 (and Lessee agrees that it shall so return the Equipment), or Lessor may, at its option, enter
upon the premises where any Equipment is located and repossess such Equipmeni without demand or
notice, without any court order or other process of law and without liability forany damage occasioned by
such repossession;
(c) Lessor may sell, lease or otherwise dispose of any Equipment, in whole or in part, in one or
more public or private transactions, and if Lessor so disposes of any Equipment, then Lesjor shall retain
the entire proceeds of such disposition free of any claims of Lessee, provided, that the net proceeds ofany such disposition shall be applied to amounts payable by Lessee under clause (a) above of this
Section only to the extent that such net proceeds exceed the applicable Termination Value set forth in the
applicable Schedule A-1 ;
(d) Lessor may terminate, cancel or rescind any Lease as to any and all Equipment;
(e) Lessor may exercise any other right, remedy or privilege which may be available to Lessor
under applicable law or, by appropriate court action at law or in equity, Lesior may enforce any of
Lessee's obligations under any Lease; and/or
(f) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs
and expenses incurred by Lessor as a result (directly or indirectly) of the Evant of Default and/or of
Lessofs aclions under this section, including, without limitation, any attomey fees and expenses and any
costs related to the repossession, safekeeping, storage, repair, reconditioning or disposition of any
Equipment.
None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy
available to Lessor. Lessofs exercise of one or more remedies shall not preclude its ixercise of any
other remedy. No delay or failure on the part of Lessor to exercise any remedy under any Lease shall
operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or partial exercise
of any remedy preclude any other exercise thereof or the exercise of any other remedy.
21. RETURN OF EOUIPMENT. If Lessor is entitled under the provisions of any Lease, including any
termination thereof pursuant to Sections 6 or 20 of this Master Lease, to obtain possession ot any
Eguipment or if Lessee is obligated at any time to return any Equipment, then (a) title to the Equipmeni
shall vest in Lessor immediately upon Lessors notice thereof to Lessee, and (b) Lessee shall, at its sole
expense and risk, immediately de-install, disassemble, pack, crate, insure and retum the Equipment toLessor (all in accordance with applicable industry standards) at any location in the continental United
States selected by Lessor. Such Equipment shall be in the same condition as when received by Lessee(reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall b6 in gooO
operating order and maintenance as required by the applicable Lease, shall be iree.and clear oiany
Liens (except Lessor's Lien) and shall comply with all applicable laws and regulations. Until Equipment iireturned as required above, all terms of the applicable Lease shall remain in fult force ind effectincluding, without limitation, obligations to pay Rent payments and to insure the Equipment. Lessee
agrees to execute and deliver to Lessor all documents reasonably requested by Lessor to evidence thetransfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination ofLessee's interest in such Equipment.
-8-
22 LAW GOVERNING. Each Lease shall be governed by the laws of the state of th" ,""""" f9tn"
"State").
23 NOTICES All notices to be given under any Lease shall be made in writing and either personally
delivered or mailed by ce(ified mail to the other party at its address set forth herein or at such address as
the party may provide in writing from time to time. Any such notices shall be deemed to have been
received five (5) days subsequent to mailing if sent by regular or certified mail, or on the next business
day if sent by overnight courier, or on the day of detivery if delivered personally.
24 FINANCIAL INFORMATION; INDEMN|TY; PowER oF ATTORNEY. within thirty (30) days of their
completion in each flscal year of Lessee during any Lease Term, Lessee will deliver to Lessor upon
Lessor's request the publicly available annual financial information of Lessee. To the extent permitted by
law, Lessee shall indemnify, hold harmless and, if Lessor requests, defend Lessor and its shareholders,
afflliates, employees, dealers and agents against all Claims directly or indirectly arising out of or
connected with (a) the manufacture, installation, use, lease, possession or delivery of the Equipment, (b)
any defects in the Equipment, any wrongful act or omission of Lessee, or its employees and agents, or (c)
any claims of alleged breach by Lessee of this Master Lease or any related document. "Claims' means
all losses, liabilities, damages, penalties, expenses (including aftorney's fees and costs), claims, actions
and suits, whether in contract, tort or otherwise. Lessee hereby appoints Lessor rts true and lawful
attomey-in-fact (with full power of substjtution) to prepare any instrument, certific€te of title or financing
statement covering the Equipment or otherwise protecting Lessofs interest in the Equipment, to sign
Lessee's name with the same force and effect as if signed by Lessee, and to file same at the proper
location(s); and make claims for, receive payment of, and execute and endorse all documents, checks or
drafts for loss, theft, damage or destruction to the Equipment under any insurance.
25. ANTI.MONEY LAUNDERING/INTERNATIONAL TRADE LAW COMPLIANCE.
Lessee represents and warrants to Lessor, as of the date of this Master Lease, the date of each
advance of proceeds pursuant to this Master Lease, the date ofany renewal, exension or modification of
this Master Lease or any Lease, and at all trmes until this Master Lease and each Lease has been
terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i)
is a Sanctioned Person; (ii) has any of its assets in a Sanctioned Country or in the possession, custody oi
control of a Sanctioned Person; or (iii) does business in or with, or derives any of its operating income
from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any
law, regulation, order or directive enforced by any compliance Authority; (b) the proceeds of any Lease
will not be used to fund any operations in, finance any investments or activities in, or, make any payments
to, a Sanctioned Country or Sanctioned Person in violation of any law, regulation, order or directive
enforced by any Compliance Authority; (c) the funds used to repay any Lease are not derived from any
unlav'dul activity; and (d) each Covered Entity is in compliance with, and no Covered Entity engages in
any dealings or transactions prohibiied by, any laws of the United States, including but not limited trc any
Anti-Terrorism Laws. Lessee covenants and agrees that it shall immediately notify Lessor in writing upon
the occurrence of a Reportable Compliance Event.
As used herein: "AntiTerrorism Laws' means any laws relating to terrodsm, trade sanctions
programs and embargoes, imporuexport licensing, money laundering, or bribery, all as amended,
supplemented or replaced from time to tjme; 'comptiance Authority" means each and all of the (a) U.s.
Treasury Departmenuoffice of Foreign Assets Controt, (b) U.S. Treasury DepartmenvFinancial Crimes
Enforcement Network, (c) u.s state DepartmenvDirectorate of Defense Trade controls, (d) u.s.
Commerce DepartmenvBureau of lndustry and Security, (e) U.S. Intemal Revenue Service, (0 U.S.
Justice Department, and (g) u.s. securities and Exchange commission; "covered Entity'means Lessee,
its affiliates and subsidiaries, all guarantors, pledgors of collaleral, all owners of the ioregoing, and all
brokers or other agents of Lessee acting in any capacity in connection with this Master Lease or any
Lease; "Reportable Compliance Evenf means that any Covered Entity becomes a Sanctioned Person, or
is indicted, arraigned, investigated or custodially detained, or receives an inquiry from regulatory or law
enforcement officials, in connection with any Anti-Terrorism Law or any prediCate crima to any Anti-
Terrorism Law, or selfdiscovers facts or circumstances implicating any aspect of its operations with the
actual or possible violation of any Anti-Terrorism Law; "sanctioned Country' means a country subject to a
sanctions program maintained by any compliance Authority; and "sanctioned person; means any
indlvidual person, group, regime, entity or thing listed or otherwise recognized as a specially designated,
prohibited, sanctioned or debarred person or entity, or subject to any limitations or prohibitions (in;luding
9
E05
but not limited to the blocking of property or rejection of transactions), under any order or directive of any
Compliance Authority or otherwise subject to, or specially designated under, any sanctions program
maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE.
To help the govemment fight the funding of tenorism and money laundering activities, Federal law requires
all financial institutions to obtain, verify and record information that identifies each lessee that opens an
account. What this means: when Lessee opens an account, Lessor will ask for the business name,
business address, taxpayer dentrfying number and other information that will allow Lessor to identify
Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need
to ask for identifying information and documentation relating to certain individuals associated with the
business or organization.
27. SECTION HEADINGS. AII section headings contained herein or in any Schedule are for convenience
of reference only and do not define or limit the scope of any provision of any Lease.
28. EXECUTION lN COUNTERPARTS. Each Schedule to this Master Lease may be executed in
several counterparts, each of which shall be deemed an original, but all of which shall be deemed one
instrument. Only one counterpad of each Schedule shall be marked 'Lessoas Original' and all other
counterparts shall be deemed duplicates. An assignment of or security interest in any Schedule may be
created through transfer and possession only of the counterpart marked 'Lessol's Original.'
29. ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lease, together with the exhibits attached
thereto and made a part hereof and other attachments thereto, and other documents or instruments
executed by Lessee and Lessor in connection therewith, constitute the entire agreement between the
parties with respect to the lease of the Equipment covered thereby, and such Lease shall not be modified,
amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of
any Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without
invalidating the remainder of the Lease.
30. HEAYY.OUTY VEHICLE GREENHOUSE GAS EMISSION REDUCTION REGULATION.
(a) If the equipment leased pursuant to the Lease is a tractor, the Lessee of this heavyduty
tractor understands that when using a heavy-duty tractor to pull a 53joot or longer box-type trailer on a
highway within Califomia, the heavy-duty tractor must be compliant \/ith sections 95300-95312. title 17.
California Code of Requlations, and that it is the responsibility of the Lessee to ensure this heaw-duty
tractor is compliant. The regulations may require this heavy{uty tractor to have low-rolling-resistance
tires that are U.S. Environmental Protection Agency (U.S. EPA) SmartWay Verified Technologies prior to
cunent or future use in Califomia, or may entirely prohibit use of this tractor in Califomia if it is a model
year 2011 or later tractor and is not a U.S. EPA Smartway Certified Tractor.
(b) lf the equipment leased pursuant to the Lease is a trailer, the Lessee of this box-type trailer
understiands that when using a heavy-duty tractor to pull a 53Joot or longer box-type trailer on a highway
within California, the box-type trailer must be compliant with sections 95300-95312, title 17. Califomia
Code of Reoulations, and that it is the responsibility of the Lessee to ensure this box-type trailer is
compliant. The regulations may require this trailer to have low-rolling-resistance tires and aerodynamic
technologies that are U.S. Environmental Protection Agency Smartway Verified Technologies pnor to
current or future use in Califomia.
(c) Notwithstanding anything in the Lease to the contrary, the Lease does not prohibit the Lessee
from modifying the trailer, at Lessee's cost, to be compliant with the requirements of the Califomia Heavy-
Duty Vehicle Greenhouse Gas Emission Reduction Regulation.
3'1. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone numbe(s) to
Lessor, now or at any later time, Lessee authorizes Lessor and its affiliates and designees to contact
Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Lessee
individual accounts or business accounts for which Lessee is a contact, at such numbers using any
means, including but not limited to placing calls using an automated dialing system to cell, VolP or other
wireless phone number, or leaving prerecorded messages or sending text messages, even if charges
- 10 -
may be incurred for the calls or text messages.
monitored or recorded by Lessor.
4305 Santa Fe Ave
Vernon, CA 90058
E05
Lessee consents that any phone call with Lessor may be
Oshkosh Caoital
('Lessod)
By:
155 East Broad Street, 84-8230-05-7
Columbus, OH 43215
Titte: W. Michael McCormick, Mayor
TO(
ty Attorney
-11 -
Citv of Vemon
CERTIFIGATE OF INCUMBENCY
Lessee: Citv of Vemon
Lease Schedule No.: 191184000 Dated: Julv 24.2015
l, the undersigned Secretary/Clerk identified below, do hereby certify that I am the duly elected or
appointed and acting Secretary/Clerk of the above Lessee (the 'Lessee'), a political subdivision duly
organized and existing under the laws of the State where Lessee is located, that I have the title stated
below, and that, as of the date hereof, the individuals named below are the duly elected or appointed
offlcers ofthe Lessee holding the offices set forth opposite their respective names.
INOTE: Use same trues as Authorized Representatives stated in Resolutions.]
W. Hlchael McCorrnick Mavor @-,z SignatureNameTitle
Name Signature
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such
Lessee as of the date set forth below.
[SEALI
print Name: lraria E, Ayala
TitIE
E24
E28
LEASE SCHEDULE NO. 191 ,I84OOO
Dated As Of July 24, 2015
This Lease Schedule (this 'Schedule") is attached and made a part of the Master Lease-Purchase
Agreement referenced below, together with all exhibits, schedules, addenda, and other attachments thereto,
execuled by Lessee and Lessor (the "Lease"). Unless otherwise defined herein, capitalized terms will have the
same meaning ascribed to them in the Master Lease. All terms and conditions of the Master Lease are
incorporated herein by reference. To the extent lhat there is any conflict between the terms of the Lease and
this Schedule, the terms of this Schedule shall control.
Master Lease-Purchase Agreement daled July 24, 2015
1. EQUIPMENT DESCRIPTION. As used in the Lease, "Equipment" means all of the property described in
Schedule A-1 attached to this Schedule and all attachments, additions, accessions, parts, repairs,
improvements, replacements and substitutions thereto.
2. RENTAL PAYMENTS; LEASE TERM. The Rental Payments to be paid by the Lessee to Lessor, the
commencement date thereof and the lease term of this Lease Schedule are set forth on the Schedule A-1
attached to this Lease Schedule.
3. ESSENTIAL USE; CURRENT INTENT OF LESSEE. Lessee represents that the use of the Equipment is
essential to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its
citizens and the Equipment will be used by Lessee only for the purpose of performing its govemmental or
proprietary functions consistent with the permissible scope of its authority. Lessee currently intends for the
full Lease Term: to use the Equipment; to continue this Lease; and (if applicable) to make Rent Payments if
funds are appropriated in each fiscal year by its governing body.
4. ACCEPTANCE OF EQUIPMENT. AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT (A)
LESSEE HAS RECEIVED AND INSPECTED ALL EQUIPMENT; (B) ALL EOUIPMENT IS IN GOOD
WORKING ORDER AND COMPLIES WITH ALI PURCHASE ORDERS, CONTRACTS AND
SPECIFICATIONS; (C) LESSEE ACCEPTS ALL EOUIPMENT FOR PURPOSES OF THE LEASE'AS-|S,
WHERE lS'; AND (D) LESSEE WAIVES ANY RIGHT TO REVOKE SUCH ACCEPTANCE.
5. BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE AS A QUALIFIED
TM-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(bX3) OF THE CODE, THAT IT HAS
NOT DESIGNATED MORE THAN $1O,OOO,OOO OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT
OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND
THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX.EXEMPT OBLIGATIONS
TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED
$10,000,000.
6. RE-AFFIRMATION OF THE MASTER LEASE-PURCHASE AGREEMENT. Lessee hereby re-afrirms all of
its representations, warranties and obligations under the Master Lease Purchase Agreement (including,
without limitation, its obligation to pay all Rental Payments, its disclaimers in Section 7 thereof and its
representations in Section 6.1 and 16 thereof)-
Citv of Vemon
("Lessee')
Oshkosh Caoital
("Lesso/)
Title:
By'
Brian ByVn, DepJtyT At torney
Title: W. Michael McCormick, Mayor
Schedule A-1
I, EQUIPMENT LOCATION & DESCRIPTION:
City of Vemon
4305 S. Santa Fe Ave
Vernon CA 90058
2800 S. Soto Street
Vemon, CA 90058
Los Angeles County
2016 Pierce PUC Triple Combinatin Pumper VIN#
2016 Pierce PUC Triple Combinatin Pumper VIN#
LEASE PAYMENT SCHEDULE.
(a) Accrual Date:
(b) Amount Financed:
i. Equipment Purchase Price
Sales Tax
ii. Purchase Price Dedution
Prepay Discounts
Performance Bond
... Total Amount Financed (Cash Sale Price minus"' Purchase Price Deductions)
Julv 24.2015
$12032$_q0
$t!EJ2Z.gz
$!-q0
$54_024pq
$3J99.02
$tt2Lg30i9
(c) Payment Schedule:
Accrual Date: Julv 24.2015
Rent Payment Rent PaymentNumber Date
7 /24/2016
7124/2077
7124/2OL8
7 /24/2079
7 /24/2020
7 /24/2021
7 /2412022
7 /24/2073
7 /24/2024
7 /24/202s
1
2
3
4
5
5
7
8
9
10
Rent Payment
Amount
158,059.45
158,059.4s
158,059.45
158,059.45
158,059.45
158,059.45
158,059.45
158,059.45
158,059.45
158,059.45
lnterest
Portion
44,810.26
40,97L.7t
37 ,O0r.82
32,897 .96
28,654.99
24,268.L8
L9,732.65
L5,O43.37
10,195.13
5,L82.54
Principal Portion
rr3,249.!9
117,088.34
L2!,O57 .63
L25,L57.49
L29,404.46
L33,791.27
138,326.80
143,015.08
147,864.32
L52,87 6.91
E28
Termination
Value
7,244,844.92
L,r24,243.93
999,554.57
870,638.24
737,351.64
599,545.63
457 ,070.03
309,763.47
157,463.22
L.00
Oshkosh Caoital
('Lesso/)
By
TitIC:
Deputy Ci Attorneys
TO FORM :
THREE PARWAGREEMENT
Dated as of Julv 24. 2015
'Lessee' means Citv of Vemon
'Schedule' means Lease Schedule No. 1911 M000 Dated Julv 24. 201 5, t€ether wih its Schedule A-1.
Reference is made to the Lease Schedule ("Schedule") and to the Master Lease-Purchase
Agreement ("Master Lease') identified in said Lease Schedule, described above between Oshkosh
Capital ("Lessor") and the Lessee identified above rvtich relates to Equipment described in Schedule A-1
to the Lease Schedule attached tfierein ("Equipmenf) to be supplied by Pierce Manuhcturino lnc-
('Supplier"). For good and valuable consideration, receipt of which is hereby acknor/edged, Lessee,
Lessor and Supplier hereby agree as follows:
1. Nohrvithstanding anything to the contrary in the Lease Schedule, Lessee hereby notifies Lessor that
the Equipment has not yet been delivered to Lessee and the Equipment has not yet been accepted by
Lessee for purposes of the Lease Schedule. Lessee agrees to execute and deliver to Lessor a Delivery
and Acceptance Certificate in the form attached hereto as Exhibit A upon the circumstances set forth in
said Certmcate.
2. All parties hereto agree that the Purchase Price of the Equipment shall be as set forth below if said
Purchase Price is paid on or befiore the Advance Payment Date set fortil below:
3. Upon execution of the Lease Schedule and delivery of all documents relating thereto required by
Lessor, Lessee agrees that it shall pay the Lessee Down Payrnent stated below and Lessor agrees that it
shall pay the balance of the Purchase Price (the'Amount Financed') sEted below. Lessee agrees that
the Lease Term and Lessee's obligation to pey Rent Payments shall commence on the date set forth in
the Lease Schedule notwithstanding the delivery of the Equipment at a later date.
Purchase Price:
Sales Tac
Performance Bond
Vendor Discounts:
Advance Payment Date:
Lessee Down Payment:
Trade ln:
Amount Financed:
$1203243-8q
$109,922.e2
$.2e9.02
$u.0u=@
Julv 24.2015
$gpg
$9.00
$1,321,836.49
4. (a) Supplier anticipates that it shall deliver the Equipment to Lessee by the Anticipated Delivery
Date set forth below.
Anticipated Delivery Date:June 24. 2016
(b) Supplier hereby agrees that it shall deliver the Equipment to Lessee no later than the OuEide
Delivery Date set brth below and that such Equipment shall comply with all specifications and
requirements of Lessee and with the terms and conditions of any purcjase order/purchase
agreement relating thereto.
Outside Delivery Date:Auoust 24. 2016
5. lf for any reason whaboever Supplier fails to comply witi its agreements set forth in subparagraph
4(b) of this Agreement by the Outside Delivery Date for any piece of Equipment (the "Delayed
E2A
E2A
(a) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessee the Lessee
Down Payment for the Delayed Equipment plus interest at the Prime Rate plus one percent ('l%)
per annum from the Advance Paymeni Date to the date of such payment;
(b) On the first business day after the Outside Delivery Date, Supplier shall pay to Lessor for the
Delayed Equipment the Amount Financed plus interest at the Prime Rate plus one percent (1%)
per annum from the Advance Payment Date to the date of such payment; and
(c) 'Prime Rate" means the prime rate of inlerest as published from time to time in the Wall Street
Journal.
lf there is more than one piece of Equipment subject to the Lease, and some of the Equipment is
delivered in accordance with subparagraph 4(b) of this Agreement, the payments owed pursuant to the
Lease shall be modified to reflect only the obligations due on the Equipment that was delivered pursuant
to subparagraph 4(b) of this Agreement. The new payment obligation will be determined based on the
amount financed for the Equipment delivered to the Lessee, and based on the interest rate in effect as of
the date of Lease commencement.
6. lf Supplier makes the payments described in paragraph 5 above for the Delayed Equipment under
the circumstances set forth above and if Lessee has otherwise paid and performed its obligations under
the Lease Schedule as of such payment date for the Delayed Equipment, then Lessee and Lessor agree
that the Lease Schedule shall terminate as of the date of such payments by Supplier as to the Delayed
Equipment only. Lessee's obligations shall continue unabated for the Equipment that was delivered
pursuant to subparagraph 4(b) of this Agreement.
7. Supplier agrees that a Performance Bond will be issued which names the Supplier as Principal, the
Lessee as Obligee and the Lessor as Additional Obligee. This Performance Bond will apply solely to the
terms and conditions of the purchase order/purchase agreement, including related equipment
specifications and warranties, as issued by the lessee and accepted by the Supplier. The'Contract
Date" refened to in the Performance Bond shall be the date of the Three Party Agreement. Except as
expressly set forth herein, the Lease Schedule and the terms and conditions of the purchase
order/purchase agreement for the equipment remain unchanged and in full force and effect.
8. Except as expressly set forth herein, the Lease Schedule and terms and conditions of the purchase
order/purchase agreement for the Equipment remain unchanged and in full force and effect.
lN WITNESS WHEREOF, the duly authorized officers of the parties set forth below hereby
execute and deliver this Agreement as of the date lirst written above.
Citv of Vemon
('Lessee')
Title: W. Michael McCorrni ck. MFvor
Pierce Manufacturino lnc.
('Supplie'")
Title:
Oshkosh Capital
('Lessol")
Tifle:
By:
toApproved as Form:
VEHICLE SCHEDULE ADDENDUM
Dated As Of Julv 24.2015
Lease Schedule No. 19'1 184000 Dated Julv 24. 2015
Lessee: Citv of Vernon
Reference is made to the above Lease Schedule ('Schedule') to the Master Lease-Purchase
Agreement identified in lhe Lease Schedule ('Master Lease') by and between Oshkosh Capital ("Lesso/)
and the above Lessee ('Lessee"). This Addendum amends and modifies the terms and conditions of the
Schedule and is hereby made a part of the Schedule. Unless otherwise defined herein, capitalized terms
defined in the Master Lease shall have the same meaning when used herein.
NOW THEREFORE, as part of the valuable consideration to induce the execution of the
Schedule, Lessor and Lessee hereby agree to amend the Schedule as follows:
'1. ln the event that any unit of Equipment covered by the Schedule is a vehicle or trailer under
applicable State law, then the following provisions shall also apply lo the Schedule to the extenl permitted
by law,
(a) each manufacture/s stalement of origin and certificate of title shall state that Lessor has the
first and sole lien on or security interest in such unit of Equipment;
(b) the public liability and property damage insurance required by the terms ofthe paragraph titled
"lnsurance in the Master Lease shall be in an amount not less than qlg00lq09l0q per person insured and
$2,000,000.00 combined single limit per unit per occurence (provided, that if the unit of Equipment is a
bus or other passenger vehicle, then such insurance amount shall be such larger amount as may be
reasonably required by Lessoo and $1.000.000.00 for damage to property of others;
(c) Lessee shall fumish and permit only duly licensed, trained, safe and qualified drivers to
operate any such unit of Equipment, and such drivers shall be agents of Lessee and shall not be agents
of Lessor; and
(d) Lessee shall cause each such unit of Equipment to be duly registered and licensed as
required by applicable State law with Lessor noted as lien holder and Lessee as owner.
2. Except as expressly amended by this Addendum and other modifications signed by Lessor,
the Schedule remains unchanged and in fullforce and effect.
lN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the date first referenced
above.
Oshkosh Caoital
("Lessof)
By
Approved
Attorney
as to Forn:
E28
4305 Santa Fe Avmue, Vemon, Califomia 90058
Telephone (323) 583-881 1
Date: Juty 27,2015
Lessee: Citv of Vemon
Lessor: Oshkosh Capital
Re: Lease Schedule No. 19'1184000 dated Julv 24. 2015, togelher with its Master Lease.Purchase
Agreement dated Julv 24.2015. by and between the above.named Lessee and the above-named
Lessor
Gentlemen:
I have acted as counsel to Lesse€ wilh respect to the Lease Schedule, the Master Lease-Purchase Agreement and
all other agreements described above or related thereto (collectively, the "Agreements') and various related matters,
and in lhis capacity have reviewed a duplicate original or certmed copy ofthe Agreements and such olher documenls
as I have deemed necessary for the purposes of this opinion.
Based upon the examination of such documents, it is my opinion that:
1 . Lessee is a political subdivision of the State of Califomia (the "State') duly organized, existing and operating
under the Constitution and laws of the State.
2. Lessee is authorized and has power under State law to enter into all of the Agreements, and to cany out its
obligations thereunder and the transactions contemplated thereby.
3. The Agreements and all other documents related thereto have been duly authorized, approved, and
executed by and on behalf of Lessee, and each of the Agreements is a valid and binding contract of Lessee
enforceable in accordanc€ wilh its terms, except to the extent limited by State and Federal law affecting creditois
remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the
enforcement of creditors' rights.
4. The authorization, approval and execution of the Agreements and all other proceedings of Lessee relaling to
the transactions contemplaled thereby have been performed in accordance with all applicable Local, State and
Federal laws (including open meeting laws and public bidding and properly acquisition laws).
5. To the besl of my knowiedge, lhere is no litigation or proceeding pending before any court, administrative
agency or govemmental body, that challenges: the organizalion or existence of Lessee; the authority of its
ofiicers; the proper authorizalion; approval and execution of any of the Agreements or any documents ielating
thereto; the appropriation of monies to make payments under the Agreements for the @nent fscal year; or the
ability of Lessee otherwise to perrorm its obligations under the Agreemenls and the transactions contemplated
thereby.
6. Lessee is a political subdivision of the State as referred to in Section1o3 of the lntemal Revenue Code of
1986, as amended, and the related regulations and rulings thereunder.
Lessor, its Assignee and any of their assigns may rely upon this opinion.
,ffi, b"*d9tun, oepur,l
ffy
Atto ney
Eachufuefi In[wtriaf
I01
INSURANCE COVERAGE DISCLOSURE
Oshkosh Capital. LESSOR
Citv of Vemon , LESSEE
RE: INSURANCECOVERAGEREQUIREMENTS
1. ln accordance with the Lease Schedule ('Schedule') to the Master Lease-Purchase Agreement
identified in the Lease Schedule ("Master Lease"), Lessee certifies that it has instructed the insurance
agent named below (please fill in name, address, and telephone number):
\>5"Ls\N\\-lqsLtl E
\.I\LEt\\
t-5-R\\aF E-t
to issue: (check to indicate coverage)
o -Z\,\l KJNhl-sAsqss
a. All Risk Physical Damage lnsurance on the leased Equipment evidenced by a Certificate of lnsurance
and Long Form Loss Payable Clause naming Oshkosh Capital and/or iE assigns as Loss Payee,
Coverage Required: Termination Value Specified
b- Public Liability lnsurance evidenced by a Certificate of lnsurance naming Oshkosh Capital and/or its
assigns as an Additional lnsured.
Minimum Coverage Required:
$1,000,000.00 per person
$2,000,000.00 aggregate bodily injury liability
$1,000,000.00 property damage liability
Proof of insurance coverage will be provided to Oshkosh Capital, 155 East Broad Street, B4-823G05-7,
Columbus, OH 43215, prior to the time that the property is delivered to Lessee.
OR
2. Pursuant to the Master Lease, Lessee represents and wanants, in addition to other matters under the
Agreement, that it is lawfully self-insured for (check to indicate coverage)
a. All risk, physical damage in the amount specified in 1(a) above.
b. Public liability for not less than the amounts specified in 1(b) above.
Lessee has attached a signed letter describing selt-insurance.
DrcbtToR 0F qUNE
(xn<-rR. SRN3
4305 Santa Fe Avenug Vemoo Califomia 9([58
Telephone (323) 5838811
J'tly 27,2015
Cheryl Kennedy
Oshkosh Capital
155 East Broad Street
Locator: 94 -8230-05-07
Columbus, Ohio 43215
Dear Ms. Kennedy:
Subject: Master Lease - Purchase of Two Pierce PUC Triole Combination Pumpers
The City of Vernon ("City"), a municipal corporation of the State of California, certifies that it is
self-insured for general liability ($2,000,000), automobile liability (S2,000,000) and workers'
compensation liabiuty (s2,000,000). The city warrants that the limits of its self-insurance
coverage meet or exceed the requirernents and obligations as set for the, and to the extent
permitted, by State law.
ln addition the City maintains excess liability and excess workers' compensation coverage
through various insurance companies.
The City of Vemon, will maintain its program of insurance for the benefit of the Oshkosh
Capital Company as it relates to the purchase of two Pierce PUC triple combination pumpers
throughout the duration ofthe Lease-Purchase Agreement and related lease schedule.
Respectfu lly submitted,-r//.4
William Fox,
Director of Finance
f E 4c tusiv e [1 I atrus tria f
t01
INSURANCE INFORMATION
Please provide the following information to your insurance company to help
expedite receipt of the necessary coverage:
ITEMS WHICH NEED TO BE REFLECTED ON INSURANCE CERTIFICATE:
. Oshkosh Capital must be named Loss Payee and Additional lnsured
. 30 Days Notice of Cancellation
. Not Less than $2,000,000.00 limits on liability
. Certificate must reflect a short equipment description
. Certificate must reflect an expiration date
Certifi cate Holder lnformation:
Oshkosh Capital, its successors and/or all assigns
155 East Broad Street, 8+8,230-05-7
Columbus, OH 43215
Please send a FAX copy of certificate to Cheryl Kennedy at 1-800478-0602.
The original should be mailed to the same at:
Oshkosh Capital
155 East Broad Street, 8/-8230-05-7
Columbus, OH 43215
Please call Cheryl Kennedy at 1-800-820-9041, ext. 4, if you have any questions.
OSHKOSHCAPITAL
INT'ORMATTON REQUEST
LESSEE NAME: Citv ofVernon
FEDERAI TAX I.D. # s5-60(108on
BILLING ADDRESS:
Wi].]-iam I'. Fox
Billing Contact
4305 Saata Fe Avenue
Street Address or Post Office Box
vernon. cA 90058
City, State and Zip
323-583-8811 x849 323-826-149L
Phone Number
wfox€ci -vernon.ca.us
Fax Number
Email Address
PHYSICAL ADDRESS (IF DIFFEREMI:
Street Address or Post Office Box
City, State and Zip
Require Board Approval for Payments? x Yes
-
No
Board Meeting Date? 1st & 3rd Tuesdays of every month
Require signed vouchers for payments? X Yes _ No
We typically mail our invoices 30 days in advance. Taking into account a Tday mail period, do you foresee any problem
that would prevent the payment from being received on or before the due date?
Yes x No
Please list any special instructions below:
,..,"8038-G lnformation Return for Tax-Exempt Govemmental 0bligations
(Rev September 20'11)
Dep€rtrn€nt of UE Tr€asury
lnterd Revenue Service
I Issuer's name
CITY OF VERNON
3a Narne of person (oth€y than isn e4 with whom the IRS may communicate about thb retum (see insnuctbns)
WLLIAM F. FOX
4 Number and street (or P.O. box if hail is not c,elivered to street sddress)
4305 SANTA FE AVENUE
> Under lntemal Revonue Code section 149(e)
> Se€ s€parate instuctions,
Caution: /f the ,:ssue pace is utrter $100,000, use Fonn 8038-GC.
OMB No. 1545-0720
2 lssue/s empbyer identifcation number(ElN,
95-60008@
5 Report number (For rFS Use Only.)
3b Telephone number of othr p€rson shown on 3a
323.583.8811 x849
6 City, town, or post offbe, slate, and ZIP code
cA 900s8
7 Date of issue
7 t24t201s
I CUSIP numb€r
NONE
lob Telephone number ol officer or olher
employee shown on 10a
8 Name of issue
LEASE SCHEDULE NO. I91184(x}O
10a Nam6 and title ol otficor or other employee ol the issuer whom th6 IRS may call for more information (s6e
insiuctions)
JOAQUIN LEON, DEPUTY C]TY TREASURER 323-583-8811 x365
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12
13
14
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16
17
18
19
m
the instructions and attach schedule.
Education.
Health and hospitai
Transportation
Public salety
Environment (including sewage bonds)
Housing
Utilities
Other, Describe >
lf obligations are TANS or RANS, check only box 19a
lf obligations are BANS, check only box 19b
lf obligations are in the form of a lease or installment sale, check box
Proceeds used for accrued interesl
lssue price oI entire issue (enter amount from line 21, column (b))
Proceeds used lor bond issuance costs (including underwriters' discount) .
Proceeds used for credit enhancement
Proceeds allocated to reasonably required reserve or replacement fund
24
Proceeds used to cunently refund prior issues
Proceeds used to advance refund prior issues
>tr>E>E
21
?2
23
24
26
27a
29
30
Total (add lines 24 through 28)
of the issue line 29 ftom line 23 and enter amount
31 Enter the remaining weighted average maturity of the bonds to be currently relunded .
32 Enter the remaining weighted average maturity ol the bonds to be advance refunded .
$Enterthelastdateonwhichtherefundedbondswillbecalled(MM/DD/YYYY)>
34 Enter the date(s) the relunded bonds were issued > OM/pp y..r)
For Paperwork Reduction Act Notice, see separate instructions. cat No 03773s Form 8G38-G Fev.9-2011)
{c) Stat€d rEdemptjon
price at maturity
Form 8038-G (Bev. 9-201 1 )
35 Enter the amount of the state volume cap allocated tothe issue under section 141(bX5) .
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(GlC) (see instructions)
b Enter the linal maturity date ofthe GIC >
c Enter the name of the GIC provider>
Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units .
lf this issue is a loan made from the proceeds of another tax-exempt issue, check box > n aM enter the following information:
Enter the date of the master pool obligation >
Enter the EIN ot the issuer of the master pool obligation >
Enter the name of the issuer of the master pool obligation >
It the issuer has designated the issue under section 265(bX3XBXiXlll) (small issuer exception), check box
40 lfthe issuer has elected to pay a penalty in lieu ot arbitrage rebate, check box
41a lfthe issuer has identified a hedge, check here> E and enter the following intormatron:
b Name of hedge provider>
c Type ot hedge >
d Term of hedge >
lf the issuer has superintegrated the hedge, check box >E
37
38a
b
c
d
39
42
/(}this issue are remediated
>tr>!
>tr
>!
lf the issuer has established written procedures to ensure that all nonqualiiied bonds of
according to the requirements under the Code and Regulations (see instructions), check box
44 lf the issuer has esta-blished written procedures to monitor the requirements oI section 148, check box ./tia lf some portion of the proceeds was used to reimburse expenditures, check here > ! and enter the amount
b Enter the date the otficial intent was adopted >
Signature
and
Consent
Paid
Preparer
Use Only
under penahies of periury. I cbclate that I have exemined this refum and accompariying sch€dul€s and statenEnts, and to the best of my knowledge
and belief, they ar6lru€, co.rect. and complete, I furth€r declare that t consent to th€ IRS'S disclosure ol the issu€r's retum informaton, as necessary to
WLLIAM F. FOX, FINANCE DIRECTOR
Signature of issuer's authorized name and title
(Rev 9-2011)
h
.qEEVET
JuL 2I zu'.,
C\IY CLERKS ^.:'];
DATE:
TO:
FROM:
RE:
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
August 4, 2015
Honorable Mayor and City Council
Carlos Fandino Jr., Director of Vernon Gas & Electric Department
Originator: Ali Nour, Utilities Engineering Manager
Request for Approval of City of Vernon Revised Electric Rule No. 2
fi,1.{'6
Recomnendation
A. Find that the approval of the City of Vemon Revised Electric Rule No. 2 is exempt from
Califomia Environmental Quality Act (CEQA) review because it is general policy and
procedure making that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined by CEQA
Guidelines $ 15378; and
B. Approve the resolution to thereby, amend Section (H.2) of Rule 2 of the City of Vemon's
Rules for Electric Service to state that effective August 4,2015 customers being served
by the Customer-Financed Added Facilities shall pay a monthly charge of 0.33% of the
amount advanced, and customers being served by City-Financed Added Facilities shall
pay a monthly charge of 1.0% of the additional cost associated with the Added Facilities.
Changes are being requested to the following City documents: Electric Service Rule No.
2 - Description of Service
Background
The City of Vemon normally installs only those standard facilities that it deems necessary to
provide regular service in accordance with the applicable rate schedules, rules and regulations.
Where a customer requests City to install special facilities (''Added Facilities") and City agrees
to make such an installation, the additional costs thereof shall be bome by the customer,
including such continuing service costs as may be applicable pursuant to Section (H) of Rule 2,
Description of Service for Electric Service.
Added Facilities are value added services equipment requested by a customer that are in addition
to or in substitution for standard facilities that City would normally provide for delivery of
service at one location, through one meter, at one voltage class under its rate schedule, rule and
regulations. Added Facilities are considered to be existing, upgraded, or new facilities installed
Page 1 of 3
RECEEVED
JUL ? 7 2BI5
CITY ADMINISTRATION
and/or used by the City at the customer's request in addition to the standard facilities which the
City would normally install or use, and which represent additional costs to the City over
normally installed facilities. Unless otherwise provided by City applicable rates, rules and
regulations, Added Facilities will be installed, owned, and maintained by City as an
accommodation to the customer only if applicable for operations by City and the reliability of
service to City's other customers is not impaired. Added Facilities may include, but are not
limited to, those facilities necessary to supply preferred/emergency service. primary voltage
metering services, data monitoring services, or other non-standard facilities.
The City of Vemon Ordinance No. 1030 regarding Electrical Energy Distribution in the City of
Vernon was adopted in May 16, 1995. Any changes in the rates and rules for energy supplied by
the Vemon Electric System can be set by resolution of the city council, pursuant to Section 4 of
the Ordinance.
Currently, Section (H.2) ofthe Electric Service Rule 2 describes options for the financing ofthe
Added Facilities. It states: "Customers being served by the Customer-Financed Added Facilities
shall pay a monthly charge of 0.97o ofthe amount advanced and customers being served by City-
Financed Added Facilities shall pay a monthly charge of 1.7o/o of the additional cost associated
with the Added Facilities".
Staff reviewed the City's current cost of service for Added Facilities and determined that the
monthly recovery charges for Added Facilities need to be amended. Staff further recommends
that Section (H.2) be revised to state effective August 4, 2015: "Customers being served by the
Customer-Financed Added Facilities shall pay a monthly charge of 0.33Vo of the amount
advanced and customers being served by City-Financed Added Facilities shall pay a monthly
charge of 1.0% of the additional cost associated with the Added Facilities".
The table below depicts the determination of the proposed rates:
Added Facilities Monthlv Rate Citv Financed Customer Financed
I Operations, Maintenance and
replacement
3.50%3.50%
2 Administrative and General 0.50%0.50%
-t Cost of Money 6.00%0%
4 Depreciation 2.00o/o 00
Annual Added Facilities Rate 12.00%4.00%
Monthly Added Facilities Rate 1.00%0.33%
Fiscal Imoact
Customers entering into Added Facilities Agreements after the effective date ofthe revised Rule
No. 2 would pay the new lower rates for the ownership cost. The new rates are to reflect the
City's current cost of service for Added Facilities.
Page 2 of 3
Attachment(s)
1. City of Vemon Utilities Department Rules for Electric Service Proposed Amendment
(redlined on existing Rules)
2. Ordinance No. 1030 (for reference)
Page 3 of3
CITY OF VERNON
UTILITIES DEPARTMENT
RULES FOR ELECTRIC SERVICE
Rule No.2: DESCRIPTION OF SERVICE
A General. The following general rules shall apply to all services:
'1. The character of service available at any particular location should be ascertained by inquiry
at the City's office.
2. fne Rate Schedules are applicable for service where the Customer purchases its entire
electrical requirements from the City, except where such schedules specifically provide
olherwise, and are not applicable where a part of the Custome/s electrical requirements are
supplied from some other source.
3. The Rate Schedules are applicable for service provided from overhead distribution facilities
and underground distribution facilities in accordance with the provisions of Rules 15 and '16.
4. Alternating cunent service at a nominal frequency of 60 Hz will be supplied.
5. Voltages referred to in the Rate Schedules are Nominal Voltages.
B. Phase and Voltage Specifications. The following phases and voltages are supplied by the City:
'1. Standard Nominal Voltaqes.
a. Standard Nominal Voltages for distribution are as follows: 1201208, 1201240, 240,
2771480, 4160, 7200 or 16500 volts.
b. The standard Nominal Voltage for transmission is 66,000 volts. For the Citys
Operating Necessity, the City may elect to supply a Customer from lines of
transmission voltage. ln such case, the Customer may select as a standard
delivery voltage one of the following: 4160,7200, '16500 volts, or such other
voltage as the City may approve, provided that in no case shall a Customer be
required to advance to the City a grealer amount of money to obtain service than it
would be required to advance under the City's Rules applicable to the particular
load, if that customer was served from the Citys nearest Distribution Line ordinarily
employed.
c. Where the City maintains four-wire wye-connected polyphase secondary mains:
120l2OA and 208 volts.
d. Where the City maintains four-wire delta-connected polyphase secondary mains:
12Ol24O and 240 volts.
2. Sinole-ohase Service.
2-1
a. The general description of single-phase service provided by the City is given in
Iable2-1.
f ade 2.1
Voltage Minimum Load
Required
Maximum Load
Allowed
1201240 volts None 400 amp. Main
switch
b. The maximum size '120 volt single-phase motor allowed is t hp and the maximum
size 240 volt, or higher voltage, single-phase motor allowed is 10 hp.
c. Single-phase service may be supplied to installations having a proposed main
service switch in excess of the switch capacities specified above, in Table 21,
provided the approval of the City has been first obtained as to the number and size
of switches, circuits, and related facilities. 120/240 volt installations will be supplied
by one of the following methods as determined by the City:
(1) From two or three separate 1201240 volt service connections at one
location. Energy so supplied will be totalized for billing purposes. The
connected load on any service connection shall not be greater than twice
that on any other service connection.
(2) From one 120/240 volt connection where the proposed main service switch
does not exceed 600 amperes capacity.
d. Where the City maintains four-wire wye-connected 120i208 volt secondary mains,
single-phase service is supplied at 120/208 volts, three-wire, for which the
maximum allowed is a 1oo-ampere main switch. Loads in excess of a 1oo-ampere
main switch will be supplied at 120i208 volts, three-phase, four-wire.
3. Three-ohase Service.
a. The general description of three-phase service provided bythe City is given in Table
2-2.
-|-able ?.2
Voltage
Minimum
Connected Load
Required
Maximum
Demand
Allowed
Maximum Main
Switch Capacity
Allowed
1201208 '1201240 volts 3 KVA 1000 kvA 4000 amps.
2771480 volls 25 KVA 3000 kvA 4000 amps.
4160 volts Consult City 12000 kvA 3000 amps.
7200 volts Consult City 30000 kvA Not specified
16500 volts Consult City 30000 kvA Not specifled
b. Domestic Service. ln areas where the City does not maintain three-phase
secondary mains, only single-phase service will be supplied unless the Custome/s
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4.
load includes
at least one motor rated in excess of 10 hp.
c. Where three-phase service is supplied from a four-wire wye-connected 120/2Og volt
service, the maximum demand allowed is 1,000 kVA.
d. Service to all loads of '1,000 kVA maximum demand, or over, must be approved by
the City as to adequacy of facilities for servtce.
e. Loads on three.phase service must be balanced between phases in accordance
with good engineering practice.
f. Three-phase service may be supplied to installations having a proposed main
service switch in excess of the switch capacities specified above, inlable Z-2,
provided approval of the City has first been obtained as to the numbef and size of
switches, circuits and related facilities. Such service will be supplied from two or
three separate service connections at one location. Energy so supplied will be
totalized for billing purposes. The loads will be balanced as closely as practicable
between the services.
Combined Sinole-ohase Service and Three-ohase Service.
a. Service may be supplied at 1201208 volts four-wire wyeronnected where the City
does not maintain four-wire secondary polyphase mains provided: (1) written
application is made for such service by the Customer; (2) the Customer's load is of
such a size as to require an individual transformer installation of not less than 1S
kVA of transformer capacity; and (3) the Customer provides space acceptable to
the City on its Premises to accommodate the installation of the City's facilities when,
in the opinion of the City, such space is considered necessary.
b. ln underground areas where the City maintains 12Ol2Og volt ot 24O volt three-phase
mains, service may be supplied at 2771480 volts, four-wire provided: (1 ) written
application is made for such service by the Customer, and (2) the Customer
provides space acceptable to the City on its Premises to accommodate the
installation of the Citys facilities when, in the opinion of the City, such space is
considered necessary.
c. Service may be supplied at 120/240 volts four-wire delta-connected where the City
does not maintain four-wire secondary polyphase mains provided: (1) written
application is made for such service by the Customer; (2) the Customer's load is of
such a size as to require an individual transformer installation of not less than 15
kVA of transformer capacity; (3) the imbalance between phases is less than 100
kW; and (4) the Customer provides space acceptable to the City on its premises to
accommodate the installation of the City facilities when, in the opinion of the City,
such space is considered necessary.
d- The maximum demand allowances for combined single-phase and thre+.phase are
set forth in 8.3. above.
2-3
c.
5. At the option of the City, the above voltage and phase specifications may be modified
because of service conditions at the location involved.
Motor Protection and Equipment. customer's motor equipment must mnform to the following
requirements:
1. Motors that cannot be safely subjected to full rated voltage on starting or that drive
machinery of such a nature that the machinery, itself, or the product it handles will not permit
the motor to resume normal speed upon the restoration of normal supply voltage shall be
equipped with devices that will disconnect them from the line upon failure of supply voltage
and that will prevent the automatic reconnection of the motors upon restoration of normal
supply voltiage.
2. All motols of t hp or larger shall be equipped with thermal relays, fuses, or other automatic
overcurrent interrupting devices to disconnect completely such motors from the line as a
protection against damage due to overheating.
3. Three-phase motors driving elevators, hoists, tramways, cranes, conveyers, or other
equipment, which would create hazard to life in the event of uncontrolled reversal of motor
rotation, shall be provided with reverse-phase and open-phase protection to disconnect
completely the molors from the line in the event of phase reversal or loss of one phase.
Allowable Motor Starting Currents. The staftng current drawn from the City lines shall be
considered the nameplate locked rotor current or that guaranteed by the manufacturer. At its option
the City may determine the starting current by test, using a stop ammeter with not more than 15%
overswing or an oscillograph, disregarding the value shown for the first 1O cycles subsequent to
energizing the motor.
1 . lf the starting current for a single motor exceeds the value staled in Tables 2-3 and 2-4,
reduced voltage starting or other suitable means must be employed, at the Customer's
expense, to limit the current to the value specified, excepl where specific exemptions are
provided in Sections D.2, 3 and 4.
Table 2.3
Current -Sinole -Phase Motors
Rated Size Allowable Locked Rotor Currents
120 Volts 240 Volts
t hp & less 50 amperes 36 amperes
1%hg nla 48 amoeres
2ho nla 60 amperes
3hp nla 80 amperes
5hp nla 120 amperes
7 %ho nla 170 amperes
7 %ho nla 170 amperes
D.
2-4
Table 24
Current-Three-Phase Motors
Rated Size
Allowable Locked Rotor Currents
240 Volts ll8o Volts 2400 Volts
3hp 64 amperes 32 amperes nla
5 hp 92 amDeres 46 amperes nla
7%ho '127 amperes 63 amperes nla
10 hp '162 amperes 81 amperes nla
'15 hp 232 amperes I 16 amperes nla
20 hp 290 amperes '145 amoeres nla
25 hp 365 amoeres 183 amperes nla
30 hp 435 amperes 218 amoeres nla
40 hp 580 amoeres 290 amperes nla
50 hp 725 amperes 363 amoeres 70 amoeres
60 hp nla 435 amperes 87 amoeres
75 hp nla 535 amoeres '107 amperes
100 hp-nla 725 amoeres '142 amperes
"Over 100 hp - the City should be consulted for allowable locked rotor cufients.
Where service conditions permit, subject to City approval, reduced-voltage starters may be
omitted in the original installation until such time as the City may order the installation of a
reduced-voltage starter to be made, and, similady, the City may at any lime requ jre starting
cunent values lower than set forth herein where mnditions at any point on its system require
such reduction to avoid interference with service.
A reduced-voltage starter may be omitted on any motor of a group installation provided that
its starting cunent does not exceed the allowable starting current of the largest motor of the
group.
A reduced-voltage starter may be omitted on any motor in a group installation provided that
its starting current does not exceed three times the maximum demand in amperes of the
entire installation.
E.lnterference With Service.
2.
4.
2.
1.Customers who operate equipment which causes detrimental voltage fluctuations (such as,
but not limited to, hoists, welders, radio transmitters, X-ray apparatus, elevator motors,
compressors, and furnaces) must reasonably limit such fluctuations upon request by the
City. The Customer will be required to pay for whatever corrective measures are necessary.
Prior to the installation of any new arc furnace or design modification of an existing furnace,
the Customer shall provide basic design information for the installation to aid the City in
determining a method of service and the allowable level of load fluctuations.
Any Customer who superimposes a current of any frequency upon any part of his electrical
system, other than the current supplied by the City, shall, at his expense, prevent the
2-5
transmission of such cunent beyond the Custome/s electrical system.
F. Power Factor. The city may require the customer to provide, at its own expense, equipment to
increase the operating power factor of each complete unit of neon, fluorescent, or other gaseous
tube lighting equipment to not less than gO%, lagging or leading.
G. WaveForm. The City may require that the wave form of current drawn by equipment of any kind be
in conformity with good engineering practice.
H. Added Facilities.
1. Where a Customer requests and the City agrees to install Added Facilities, the costs thereof
shall be borne by the Customer. Such costs shall include continuing msts as may be
applicable. unless otherwise provided by the city Rate schedules, these Added Facilities
will be installed, owned and maintained or allocated by the city solely as an accommodation
to the Customer.
2 Added Facilities will be installed under the terms and conditions of a contracl in the form on
file with the city of Vernon. Such contract wi include, but is not limited to, the following
terms and conditions:
a. Where newfacilities are to be installed for Customer's use as Added Facilities, the
Customer shall advance to the City the additional installed cost of the Added
Facilities over the cost of standard facilities. At the Citys option, the City may
finance the new facilities.
b. Customers being served by the Customer-financed Added Facilities shall pay a
monthly charge of 0€%Q.33% of the amount advanced.
c. Customers being served by City-financed Added Facilities shall pay a monthly
chaee ol 1J%'1.0o/o of the additional cost associated with the Added Facilities.
d. Where existing facilities are allocated for the Customer's use as Added Facilities,
the Customer shall pay a monthly charge for the Added Facilities of i+%1.0% of
the estimated installed cost of that portion of the exlsting facilities which are
allocated to the Customer.
e. Where the City determines the collection of continuing monthly charges is not
practicable, the Customer will be required to make an equivalent one-time payment
in lieu of the monthly charges.
f. All monthly charges shall be reviewed and refiled with the City Council when
changes occur in the City's costs for providing such service.
Resolution No 4334 Eflecive 05120175
Resolution No. 1030 Effectve 06/15/95
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ORDINANCE NO. 1O3O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFVERNON AMENDTNG CHAPTER 9A AND SECTIONS 9A.1,9A.2, 9A.3, 9A.4, 9A.5, AND 9A.9 AND REPEALINGSECTIONS 9A.6, 9A.7, AND 9A.8 OF THE CODE OF THECTTY OF VERNON REGARDING ELECTRICAL ENERGY
DISTRIBUTION IN THE CITY OF VERNON
WHEREAS, the City Council has the authority to operate an
electric systen, to make rules and regulations, and to establj-sh
rate schedules therefore pursuant to Article Xf, Section 9, of the
california constitution; and
WHEREAS, the rules for el-ectric service for the Vernon
Electric Systen contained in Chapter 9A of the Code of the City of
Vernon, Calj.fornia, 1959, were adopted when Energy Services, Inc.,
a subsidiary of Southern California Edison Conpany, was operating
the Vernon Electric System, by a contract which terminated in
1989; and
WHEREAS, said rules incorporated provisions pertaining to
Southern California Edison Conpany and the California public
Utilities Commission erhich need to be revised in order to meet the
unique needs of the Vernon Electric System customers.
THE CITY COIJNCIL OF THE CITY OF VERNON HEREBY ORDATNS:
SECTION 1: The City Council of the City of Vernon hereby
finds and deterrnines that the recitals contained hereinabove are
true and correct.
SECTION 2: Chapter 9A, "Electrical Energy Distribution'r,
of the Code of the city of Vernonr California, 1959, is hereby
renunbered to Chapter 30 and renamed ,rvernon Electric Systemr.
Sections 9A.1 through 9A.5 and 9A.9 are hereby reconstituted as
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Article I, '.Electrical- Energy Distribution,', of chapter 3O and. are
anended and renumbered as set forth hereinafter.
SECTfON 3: Section 9A.1 of the Code of the City of
Vernon, California. 1959, is hereby renumbered to Section 3O.L and
is amended to read as follows:
Sec.3O.1. IitIe.
The electrical energy
distribution systen of the
referred to as the vernon
SECTION 4: Section 9A. 2
Vernon, California, 1959, is hereby
is amended to read as follows:
generation, transrnission, and
City of Vernon shall be
Electric System.
of the Code of the City of
renumbered to Section 3O.2 and
8ec. 30.2. celelal rates.
Any change in the rates to be charged and collected
for energy supplied by the Vernon Electrie System from
and after July 29, 1982 shall be set by resolution of the
city counciL.
SECTION 5: Section 9A.3 of the code of the city of
Vernon, California, L959, is hereby renumbered to section 30.3 and
is amended to read as f ol1or"/s:
Sec. 30.3. Special contract rate.
Any customer whose monthly maximum demand exceeds 1o,OOo
kilowatts for any month during the preceding twe.Ive
months and who is willing to reduce its demand for
service during peak periods may receive service pursuant
to Schedule No. SC-Special Contract.
SECTION 6: Section 9A.4 of the Code of the City of
Vernon, California, 1959, is hereby repealed.
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SECTfoN 7: Section 9A.5 of the Code of the city of
Vernon, California, 1959, is hereby renumbered to Section 30,4 and
is amended to read as follo$rs:
sec. 30.a. Energy cost adjustEent.
The existing rates charged for the distribution of
energy supplied by the Vernon Electric System for
services rendered fron and after JuLy 29, Lg82 fray
include an energy cost adjustnent billing factor to be
determined by the city council. such changes in the
energy cost adjustment billing factor shall be made fron
time. to tine by resolution of the city eouncil when, in
the city councilrs opinion such changes are necessary for
the sound financial operation of the light and power
operating funds.
SECTION 8: Section 9A.9. of the Code of.the City of
Vernon, California, 1959, is hereby renurnbered to Section 30.5 and
is amended to read as follows:
sec. 30.5. Uaintenance of rate schedules.
The city clerk is hereby directed to keep and
naintain three copies of the rate sched.ules applicable to
the Vernon Electric System in the office of the cj,ty
clerk, and to make them avail,able on reguest for
examination in said office,
SECTfON 9: Section 9A.6, ',Other rules and regulations,,l
Section 9A.7, rrRef erence to public utilities commission," and
Section 9A.8, "Other ordinances amended, of the Code of the City
of Vernon, California, 1959,rr are hereby repealed.
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SECTION 10: Article fI, entitled ,rRules for Electric
Service," of Chapter 30 of the code of the city of vernon,
calj,fornia, 1959, is hereby adopted as set forth in Exhibit A,
which is subnitted concurrentr,y herewith and made a part hereof by
reference. Exhibit A and the Rutes attached thereto shall
nevertheless be part of the vernon city code.
SECTION 11: Renumberinq ShaII Not Chanqe Code
Provisions.
The renunbering of any chapter, article or section of the
Code of the City of Vernon sha1l not constitute a change in its
intent or purpose, and it shall have the same effect and
enforceability as if it had never been renumbered.
SEgffON 12: Any other ordinance or portion thereof in
conflict with this ordinance, is hereby repealed.
SECTION 13: ff any section, subsection, sentence,
clause, or phrase or word of this ordinance is for any reason held.
to be void or unconstitut ional, such decision shall not affect the
validity of the remaining portions of this ordinance,. it being the
intention of the City Council of the city of vernon to adopt and
pass this ordinance and each section, subsection. sentence. clause
or phrase thereof irrespective of the fact that one or more of the
sections, subsections, clauses, sentences or phrases thereof may
be declared void or unconstitut iona I .
SECTION 14: There being no newspaper printed, pubLished
or cj.rculated in the city of vernon, the city Clerk is hereby
directed to certify to the passage of this ordinance and shal1
post the same, or cause the same to be posled, within fifteen (15)
days after its passage in accordance with Section 36933 of the
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Governnent Code, in three (3) of the nost public places in the
City of Vernon, to wit: the northr{est corner of 38th Street and
Santa Fe Avenue, the northeast corner of Leonis Bou.Ievard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Ha1l of said City, located at 4305 Santa Fe Avenue, aII in
the City of Vernon, County of Los Angeles, State of caLifornia.
SECTIoN 15: This ordinance shalL be in full force and
effect thirty (30) days from and after its passage of the sane.
APPROVED AND ADOPTED this 16th day of May, 1995.
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STATE OF CALIFORNIA
COIJNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of
vernon, do hereby certify that the foregoing Ordinance, being
ordinance No. 1030, was duly and regularly introduced at a regular
neeting of the city council of the city of vernon, held on
Tuesday, Mav 2, 1995, and thereafter finally adopted at a regular
neeting of said City Council heLd on tuesday, Mav 16, 1995, and
thereafter hras duly signed by the Mayor of the City of vernon, by
the following vote:
AYES:Councilmen: Malburg, Ybarra, Davis,McCormick, Gonzales
Councilmen: NoneNOES :
ABSENT:councilmen: None/L-,2 "z?
BRUCE V. MALKENHORST, City C1erk
( SEAL)
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Exhibit A
CHAPTER 30. VERNON EIJECTRIC 6YETEI{
ARITICLE II. RULES FOR ELECTRTC SERVICE
sec. 30.7. l{aintenaDce of rules.
The city Clerk is hereby dj-rected to keep and maintain
three copies of the rules for electric service of the vernon
Electric System in the office of the city Clerk and to make them
available on request for examination in said office.
sec. 30.8. Adoptior of ru1es.
system
made a
The rules for electric service for the Vernon Electric
shaIl consist of the follovring numbered rules which are
part hereof by reference:
RuIe No. 1: DEFINITTONS
RUIE NO. 22 DESCRIPTION OF SERVICE
RUIE NO. 3: APPLICATTON FOR SERVTCE
RUIE NO. 42 CONTRACTS
RUIE NO. 53 SPECTAL INTORMATTON REOUIRED ON FORI.IS
RUIE NO. 6: ESTABLISHI.TENT AND REESTABLTSHUENT OF CREDIT
RU1E NO. ?' PREPAYMENTS
RUIE NO. 8: NOTICES
Rule No. 9: PRESENTATIoN AND PAY!{ENT oF BIIJIJS
RUIE NO. 10: DISPUTED BILLS
RUIE NO. 11: DISCONTTNUANCE AND RESTORATION OF SERVTCE
RUI€ NO. 12: RATES AND OPTIONAI, RATES
RUIE NO, 13: TEMPORARY SERVICE
Page 1of 2 EXHIBIT A
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RtrIE NO. 1{: SIIORTAGE OF SUPPLY AND INTERRI'PTION OF
DEI,IVERY
RUI€ NO. 15: LINE EXTENSIONS
RUIE NO. 16: AERVTCE CONNECTIONS AND FACILTTIES ON
CUSTOMER'A PRET,TISES
RUIe No. 17: I{ETER TESTS AND ADJUST!.IENT oF BrLLs FoR
I{ETER ERROR
RU1E NO. 18! SUPPLY TO SEPARATE PEE}IISES AND I'SE EY
Page 2 of 2
Rule No. 1:
CITY OF VERNON
IJIGHT & POWER DEPARTUEN!
RI'LES FOR EtrECTRIC SERVICE
DEFINTTIONS
A. GereraI. For th.e purpose of these Rules the terms andexpressions lidted below sha]r have the meanings set forth oppositethem Shen initial-l.y capitalized in the text:
1. Added Facilities:
.following:
Added Facilities shal1 consist of the
' a. Facilities requested by a custoiler which are in additionto or in substitution for standard facilities. StanalardfaciLities consj.st of those vrhich the City rrould normallyprovide for delivery of service at one poLnt, through oneneter, at one standard Nominal Voltaae under its- nateSchedules, or
b. A pro rata portion of the facilities requested by aCustomer, allocated for the sole use of such custonerrwhich wouLd not normally be aLlocated for such sole use.
2. Application: A written request to the City for electricservice as distinguished from an inquiry as to theavailability or charges for such service.
3. Billing oemand: The load or demand used for computing chargesunder rate schedules based on the size of the Custon6rrs loador demand. ft nay be the connected load, the measured rnaxinumdemand, or a rnodification of either as provided for by theapplicabLe Rate schedufe.
4. Bi]linq Period: The time interval between two consecutiveneter readings that are taken for billing purposes.
5. Ci.tv Council: The City Council of the City of vernon.
6. city,s ooeratinq Necessitv: The utilization, und.er certaincircumstances, of faciliEies or practices not ordinarilyemployed which contribute to the overalL efficiency of theCity,s operations; it does not refer to customer conlveniencenor to the use of facilities or adoption of practices requiredto compLy with applicable 1awi, ordiiances, rulels orregrulations, or similar requiremengs of public authorities.
1-1
7.
RuIe No. 1: DEFINITfONS (coDtiuued)
1L.
connected Load: The sum of the rated capacities of all of thecustomer's equipment that san be connected to the City,s linesat any one tirne as more conpletely described in Lhe Rateschedules.
8. Customer: The person in whose name service is rendered. asevidenced on the apptication, contract, or agreenent for thatservice, or, in the absence of a signed instrurnent, by thereceipt And payment of bills regularly issued ' in tfreCustoner,s name regardless of the ide;tity tt tn" actuii userof the serviqe.
9. .quslomer,s Mailind .Address: The address specified in a. custoner,s Application or contract( or any other ad.d.resssubsequently given to the City by thL custoner, to which anynotice or other comrnunication is-to be mailed.
10. Date of Presentation: The date upon vhich a bill or notice ismailed or delivered by the City Lo the Customer.
Dislribution Lile: Overhead. pole Iines and/or underground.facilities consisting of cab1L and duct system (inciuaingconduits, ducts, rnanholes and vaults) which are operated ai.noninal distribution voltages as specified in Rule No. 2.
L2. Domestic Service: Service for residential use at a dwelling.
13. cg{lefal Service: Service to any customer except thoseeJ"i,gible for Donestic, Street Lighting, Outdoor Lrea iigtrting.Traffic Control, or Standby Service.
14. Line. Extqnsion: AII facilities, excLuding transforner,service wires, and Meter required to extend electric servicefrom the existing permanent facilities to the point ofDelivery to the Customer.
15. M?ximym Dernand: The average kilowatts during the specifiedtime interval when the customer,s use of energf is greitest inthe billing period as indicated or recordea ly ltre City,s
M6t-6r
16. Meter: The instrument owned, installed and rnaintained bycity and used for measurj-ng the electricity delivered t;Customer .
f7. Nominal. voltacre: The approximate voltage betv/een conductorsin a circuit or system bf a given cl-als, assigned for thepurpose of convenient designation. For any specific NominalVoltage, the operating voLtage actuall-y eiisting at various
the
the
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RuIe No. 1: DEFINITIONS (coutiDued)
points and at variorr-< tirnes on the system is subject to normaldistribution variation. : -
18. Permanent Service: Service which, in the opinion of the City,is of a permanent and established character.
19. Person: Any individual, partnership, corporatj-on, publicagency, or other organi.zation operating as a single entity.
20- Pgint of Deliverv: The point Hhere conductors of the City areccinnected to the conductors of the Customer, regardless oi tn"Iocation of the City,s Meters or transfomers.
2f. P-Eemr-res: The area of land emplolred. in a single enterprise,as deternined by the city, ifr"i.trei or not divided'by adedicated street, highway, other public thoroughf^r", o. .rai Iway -
22. Ba!9 Charqes: Charges in the Rate Schedules may include thefollowing:
a. Customer Charge: That portion of the charge for servicewhich is a fixed amount $/ithout regard to C6nnected Load,Maxinun Dernand, or energy consumpiion in accordance withthe Rate Schedule.
b. Demand Charge: That portion of the charge for servicewhich varies trith the Billing Demand in atcord.ance withthe Rate Schedule.
c. Energy charge: That portion of the charge for servicewhich varies with the quantity of energy consuned inaccordance with the Rate schedule.
d. Minj-mum Charge: The least amount for which service willbe rendered in accordance with the Rate schedule.
e. service Charqe: That portion of the charge for servicewhich is a fixed amount based on connected load inaccordance with the Rate Schedule.
f. standby charge: That portion of the charge for StandbyService which is a fixed anount based on thL maxirnum loadthe City stands ready to supply in accordance with theRate ScheduIe.
23. Rate. Schedule: The Rate Charges, fees and conditions for aparticular cLass or type of iervice. A Rate Schedul-e, asreferred to herein, shall include all the wording on the
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Rule No. 1: DEFfNITIONS (coatioued)
applicable schedule, such ds, but not limited to, thefollohring headings thereitr: Schedufe Number, class ofService, Applicability, Territory, Rates, and SpecialConditions.
24. RuLes: These ,,Rules for Electric service,r which set forth theadministration of all Rate charges, fees and services.
25. Serwice wlres: The group of conductors, whether overhead orrinderground, necessary to connect the service entranceconductors of. the Custoher to the City supply line, regardlessof the Location of the City,s Meters or trjnsformers ]
26. Standbv Selvice: Service supptied to Customers uho normalLyobtain their power requirements fron sources other than thecity. Under this service the city provides a permanent
Service connection to supply the Custoureiis contracted. Ioad inaccordance with the provisions of the standby schedule.
27 - Service to any 1ighting apparatusillumination of streets, alleys,
ways .
24. TeBporarv Service: Service for enterprises or activitieswhich are tehporary in character or where it is known inadvance that service will be of tiruited duration. Service,which in the opinion of the City, is for operations of aspeculative character or the permanency of which has not beenestablished, also is considered Tenporary Service.
29- x-Rav Service: Service to any apparatus transforming electricenergy into radiations similar to Iight but having wavelengths of from .0006 to 2 angstroms.
Resolution No. 3087 Effective 04lo7/jOordinance No. 1030 Effeccive 06/tS/95
1-4
CITY OF VERNON
LTGHT & POIIER DEPARTMENT
RULES FOR ELECTRIC SERVICE
RUIE NO. 2: DESCRIPTTON OF SERVICE
A. .ceneral The following general rules sha1l apply to a1tServices 3t
The character of service available at any particular 1ocationshould be ascertained by inquiry at the City,s office.
The Rate schedules are applicab.Ie for service vhere thecustomer purchases its entire electri'caI requirements from thecity, .except where such sched.ules spelifically provideotherwise, and are not applicable shere a p.r1 -ot theCustorner's electrical requirements are supplied from someother source.
The Rate Schedules are applicable for service provided. fromoverhead distribution facj.Lities and underground distributionfacilities in accordance vith the provisions of Rules 15 and16.
4. Alternating current service at a norninal frequency of 60 Hzwill be supplied.
5. vol-tages referred to in the Rate Schedules are NoninalVoltages .
1.
2.
B. Phase and Voltage specifications.voltages are supplied by the city:
1. Standard Nominal Voltaqes.
The following phases and
a. Standard Nominal Voltages for distribution are asfollows: l2O/2O8, t2O/24O. 277 / 4BO, 4L6o, 72OO, L65OOor 650O0 volts -
b.For the City,s Operating Necessity, the City may elect tosupply a Customer frorn lines of 66000 volts. In suchcase, the customer may select as a standard deliveryvoltaqe one of the following: 4160, ?2OO, 16500 volts;
95 sugh other voltage as the City nay approve, providedthat in no case shall a customer be required to advanceto the City a greater amount of money to obtain servicethan it would be required to advance under the City/sRules applicable to the particuLar load, if that customer
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2.
RuIe No. 2: DEscRIpTroN oF SERVTCE (coatiDue.r)
vras served from the City,s nearest 72OO or 16500 voltIine. :-
c. where the city maintains four-wire wye_connectedpolyphase secondary mains: l2O/ZOg volts.
d. Where the City maintains four-wire d.elta_connectedpolyphase secondary rnains: IZO/24O volts.
Sinqle-phase Service.
..a. The general description of single-phase service providedby the city is given in Table -2-11
Tab1e 2-1
Ui,nitrum Load
Rerru ired
none
b- The maximum size 12O volt single-phase motor altowed isl_hp and the maximum size 24o voit, or higher vottage,single-phase notor allowed is 10 hp.
c. Single-phase service nay be supplied to instatlationshaving a proposed ruain iervice switch in excess of tfresrritch capacities specified above, in Table 2-1, providedthe approval of the city has been first obtain6d as tothe number and size of switches, circuits, and relatedfacilities. L2O/Z4O volt instaliations will be suppliedby one of the following methods as determinea 6f tnecity:
(1) Fron tto or three separate !ZO/Z4O volt serviceconnections at one location. U'nergy so suppliedirilI be totalized for billing purposes. - Theconnected load on any service connection shall notbe greater than tlrice that on any other serviceconnection _
(2) From one L2O/Z4O volt connection wtrere the proposedmain service switch does not exceed 6o0 - arnierescapacity.
d. where the city maintains four-r.rire hrye-connect ed, fz}/ZOAvolt secondary mains, single-phase sJrvice is supplie'd atl2O/2Og volts, three-wire, for which the rnaximurn- illowed
Voltaqe
r2o/24o volts
Maxinum Load
Al Iowed
4o0 amp. main svitch
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RuIe No. 2: DEscRIpTroN oF sERVrcE (coatinued)
is a lOO-ampere nain -seritch. Loadsanpere rnain switch wiII be suppliedthree-phase, four-wire.
Three-phase service.
a.
in excess of a 1OO-at L2O/?O9 volts ,
3.
The. gengl:I description of three-ptrase service providedby the City is given in Table 2-2.
Vo ltaqe
t2o /2oe L2O/24O
277 /48O voLl--s
4160 volts
72OO volt s
16500 volts
Table 2-2
Minimun MaxinumConnected DeDand
Load Required AIIowed
volts 3 kVA 1OOO kVA25 kvA 3000 kvAConsult. Ciry 12OOO kVAconsult City 3OOOO kvAConsult City 30OOO kIIA
Maxinum
Main Switchcapacitv Allov/ed
4O0O amps.
4O0O altlps.
3OOO a-hps.Not specified
Noc specif ied
b. Domestic Service. fn areas where the City does notnaintain th_r-ee-phase secondary mains, only single_ptraseservice will be supplied unless the customer,s Loadincludes at least onJ motor rated in excess of 10 hp.
c. where three-phase service is supplied from a four_wirewye-connected j-zo/2oa vol-t service, the maximum demand.allowed is 1, OOO kVA.
d. Service to aII loads of 1,oOO kvA maximurn denand, orover, nust be approved by the City as to adequacy offacilities for service
Loads on three-phase service must be balanced betweenphases in accordance with good engineering practice.
Three-phase service may be supplied to installationshaving a proposed main service -switch in excess of theswitch caparities specified above, in Tabl-e 2-2, providedapproval of the city has first been obtained ai to thenurnber and size of switches, cj,rcuits and relatedfacilities. Such service wiII be supplied from two orthree separate service connections -it one location.Energy so supplied wi1I be totalized for billingpurposes. The Loads wiII be balanced as closely aipracticable bete/een the services.
a. Service nay be supplied at I2O/2OA volts four_wire $/ye_connected where the City does not naintain four_wiresecondary polyphase mains provided: (1) writtenapplication is rnade for such service by thd customer;(2) the Custonerrs load is of such a si2e as to requirean individual transformer installation of not less'than15 ]WA of transf ormer capacity,. and ( 3 ) the customert provides space acceptable to th-e'city on it= p."roi="= toaccommodate the installation of tha City,s facilitiesvhen, in - the opinion of the City, juch space is. considered necessary.
' b. In underground areas zogvolt or 240 volt th besupplied at 277 / Aao (1)written application i th.Custoner, and (2) the bleto the City on it theinstal,Iation of_ the City,s facilities when, in theopinion of the City, such lpace is considered ,,""""L.ry.
c. Service may be supptied aE LzO/240 volts four_vrire deLta_connected shere the city does not uraintai.n four_viresecondary polyphase mains provj.ded: (1) writtenapplication is urade for such selrvice by the clsi"rneil (zlthe custonerrs 1oad is of such a sizE as to require anindividual transformer installation of not fes=-itan rskvA of transforner capacity; (3) the imbaLance betweenphases is less than 1OO kW; lnd-(4) the Customer providesspace acceptable to the City on its premises toacconmodate the installation of the Ci.ty facilities uhen,in the opinion of the city, such spice is considlrednecessary.
d. The maximum dernand allowances for combj-ned single_phaseand three-phase are set forth in 8.3. above.
5. At the option of the City, the above voltage and. phasespecifications may be modified because of servile condiiionsat the Iocation involved.
c. Motor Protection and EquipEent. Customerrs motor equipmentnust conform with the following requirements:
1. Motors that cannot. be safely subjected to full rated volt.ageon starting or that drive mjchindry of such a nature that thenachinery, itsetf, or the product lt handles wilt noi jennit
RuIe No. 2:DESCRfPTfON OF SERVfCE ( contiEued )
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4. Cornbined Sinqle-ohase Seryice and Three-ohase Service.
RuIe No. 2: DESCRIPTION OF SERVfCE (coatiDued)
the notor to resume normaL speed upon the restoration ofnorma] supply voltage shaII be equipped lrith devices that wiIIdisconnect then fron the line upon tailure of supply ,olt.g"and that will prevent the automatic reconnection oc t-he motorsupon restoration of normal supply voltage.
2. Al-I motors of t hp or larger shall be equipped with thernalrel-ays, fuses, or other automatic overcurient interruptingdevices tO disconnect completely such urotors from the li-ne as6 protection against damage due to overheating.
3. Three-phase motors driving el-evators, hoists, tranways,
_cranes, conveyers, or other eguipnent, which would createhazard to life in the event of uncontrolled. reversal of motor' rotation, shall be provided with reverse-phase ana open-fnaseprotection to disconnect co npletely the.riotors fron the linein the event of phase reversat or ioss of one phase.
D, A}lorrab1e !,Iotor Starting Currents. The starting current drawnfrom the city lines shall be considered the narneplaCe locked rotorcurrent or that guaranteed by the manufacturer. At its option thecity nay determine the sta;ting current by test, usini a stopanmeter with not more than 15t overslring or an osciilographldisregarding the value shov/n for Ehe first io cycles subsequ6nt toenergizing the motor.
1. If the starting current for a single motor exceeds the valuestated in Tables 2-3 and 2-4, reduced voltage starting orother suitable means must be employed, at Lhe Custon-er,sexpense, to Limit the current to the value specified, exceptwhere specific exemptions are provided in Seclions D.), I and4.
Alrernarins "".]:li3r1;lr.-en"." Morors
AIlowable Locked Rotor currentsRated Size
t hp & lesst t/2 hp2hp
3hpshp7 rl2 hp
r.0 hp
120 VoLts
5O amperes
nla
n/a
nlan/anla
nla
240 Volts
36 amperes
48 amperes
60 amperes
80 amperes
12O amperes
170 anperes
220 amperes
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RuIe No. 2:DESCRIPTION OF SERVICE ( coqtioued)
Table 2-4
ALternating Current-Three-phase Motors
Allowable Locked Rotors Currents240 Volts 480 Volts 2400 vottsRated Size
3hp5 hp.1 l/2 hpro hp
15 hp
20 hp
25 hp
30.hp
/ 40 hp
50 hp
60 hp
75 hp
1OO np"
64 ampereE. 92 amperes
127 amperes
152 alnperes-.232 amperes
290 amperes
365 arnpereg
435 anperes
580 a$peres
725 anperes
nla
^/an/a
32 amperes45 amperes
63 amperes
81 amperes
115 amperes
145 amperes
183 ahpereg
218 amperes
290 ahperes
363 anpereE
435 anperes
535 amperes
725 attlpeles
n/a
i/a
n,l a
n/a
n/ a
^/a70 anperes87 anperes
107 amperes
142 amperes
rover 100 hp - the city should be consureed for arlowable locked rotor currents.
2. where service conditions permit, subject to city approval,reduced-voltage starters may be omitted in the Liigj_nafinstallation until such ti;e as the City may ordei theinstallation of a reduced-voLtage starter 1o f6 nade, and.,sirnilarly, the City may at any tine require starting currentvalues lovrer than set forth herein where condition-s at anypoint on its systen require such reduction to avoidinterference with service. -
3. A reduced-voltage starter nay be omitted on any motor of agroup installation provided that its starting curient does notexceed the al.lowabLe starting current of the largest motor ofthe group.
4. A reduced-voltage starter may be onitted on any motor in agroup installation provided that its starting curient does notexceed three times the maximum demand in amperes of the entireinstall,ation.
1.
Interference ltitb Service.
Customers who operate eguipnent $rhich causes detrimentalvoltage fluctuations (such as, but not limited to. hoists,welders, radio transmitters, X-ray apparatus, elevator motors,compressors, and furnaces) must reasonably linit suchfluctuations upon request by the city. The culto:ner will berequired to pay for rdhatever corrective neasures arenecessary .
E.
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RuIe No. 2: DESCRfPTfON OF SERVICE (coltinued)
2. Prior to the installation .of any ne$, arc furnace or designmodification of an exisging furnace, the Customer shaIlprovide basic design information for tire installation to aidthe City in determining a method of service and the allowablelevel of Load fluctuations.
3- Any customer who superimposes a current of any frequency uponany part of his electrica] system, other than t-he cirrentsuppJ.ied 'by the City, sha1I, at his expense, prevent the&ransmission of such current beyond the Cu-storner, s electricalsysten. ..
F.at 9u_ire -the Customer to- provide,
fac rncrease the operating powertub , .iif'r..?","1.";r"id.3;.r:=i:;:
G. wave ForE. The City may require that the wave form of currentdra\.rn by equipment of any fina be in conformity with qooaengineering practice.
E. Addleal Facilities -
1. !,rhere a customer reguests and the city agrees to install AddedFacilities, the costs thereof shalt 6e borne by the Customer.such costs sha]l include continuing cost-s as nay beapplicable- Unless otherwise provide-cl by the city -nate
Schedul-es, these Added Facilities hriII be in-sta1led, o-wned andmaintained or allocated by the City solely a= an acioumodationto the Customer.
Added Facilities wiII be installed under the terms andconditions of a contract in the form on file with the city oivernon. Such contract viII include, but is not lirnited to,the following terms and conditions:
a. where new facilities are to be installed for Customer,suse as Added Facilities, the Customer shall advance tothe City the additional installed cost of the AddedFacilities over the cost of stand.ard facilities. At theCity's option, the City may finance the new facilities.
b. Customers being served by the customer-financed AddedFacilities sha1l pay a monthly charge of 0.9* of theamount advanced.
c. customers being served by city-financed Added Facilitiesshall pay a nonthly charge of I.7Z of the additional costassociated t ith the Added Facilities.
2.
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RuIe No. 2: DEscRrpTroN oF SERVICE (coEt.iEued)
Resolut.ion No. 4334 Effective OS/20/.tsordinance No. L03O Effective 06l15/g5
Where existing facitities are allocated for theCustomer,s use as Added Facilities, the customer shaIlpay a monthly charge for the Added Facilities of L.1Z aithe estinated installed cost of that portion of theexisting facilities which are allocated t'o tne Customer.
m"fg- the City deternines the collection of contj.nuingmonthly charges is not practicable, the Customer wiIl b6requlred to tiiake an equ-ivalent one-tine payment in lieuof the nonthly charges.
:Al,1 nonthly charges shall be reviewed. and refiled withthe City Council when changes occur in tfre Ciiy;= c"=i=for providing such service.
d.
e.
L
CITY OF VERNON
LIGHT & POITER DEPARTMENT
RULES FOR EDECTRIC SERVICE
RU1E NO. 3: APPLTCATION FOR SERVICE
A. Applieation for service. Each applicant for electric servicewill be reguir6d to sign an Application on a forn provided by thecity lnd, upon request, will Le required to furnisir the fol16winginformation: :
Name of applicant (if not an individual, insert businessorganization and person to be s.erved).Date and pLace of Application.Location of Premises to be served.Date applicant wiII be ready for service.Whether the Premises have been heretofore supplied.Purpose for which service is to be used.Applicant,s nailing address.Whether applicant is owner or tenant of, or agent for,the Premises.
oEdinance No. 805 Effecti.ve Ot/tS/7Oordinance No. 1O3O Effective 06/ta/95
9. Rate Schedule desired if optionaL rate is avail,able.10. Information to establish credit of applj.cant.11. Such other information as the city Inay reasonablyrequire.
The Application is a request for service and does not initself bind the. City Lo provide service except, underreasonable conditions, nor does it bind the applicant to takeservice for a longer period than the miniururn- iequirements ofthe Rate Schedule,
B. fndividual Liability for JoiDt service. fwo or nore personswho join in one Application sha1l be jointly and. severally liablethereunder and sharr be bi11ed by means of i single perioiic birlrnaired to the person designated on the Applicati5n ti receive thebiIl.
cl change in Custoner,s EquipEent or operations. Customers shallgive the city vritten notice of the Lxtent and nature of anymaterial change in the size, character, or extent of its equipmentor operations for vhich the City is supplying electric -seivice
before making any such change.
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Rule No. 4:
CITY OF VERNON
LIGHT & POWER DEPARTMENT
RT'LES !'OR EEECTRIC SERVICE
CONTRACTS
A. Facilities contracts. A contract or agreement to pay for theuse, instaLlatLon, or removal of facilities ;iII ue requ-irld in tnef oI lo{ring cases :
.:1. If the provisions of the Rate Schedules so specify, in which,case the terns of the contract wiII be gover-ned tfiereby.
1.' Where it is necessary to install a Line Extension, in whichcase a contract for a period of three years may be requiredr.except that, when Temporary Service ij to ue 3upptied unaerthe provisions of RuIe No- 13, the contract wiii cover tneperiod of contemplated operations, but not long,er than threeyears .
3. where any Custoner desires new or increased distributionfacilities for Ternporary service, in which case the City mayrequire such Person to pay to the City, in ad.vanc-e orotherwise, the estimated cost installed, plus the estimatedcost of removaL, less the estiurated salvage of the facilitiesnecessary for furnishing service in accordance with provisionsof Rule No. 13.
4- When a Person, whether or not a Customer, desires to have theCity modify, rearrange, relocate, or remove any of itsfacilities, the. City if it agrees to nake such chinges mayrequire the Person, at whose request the changes are m-ade, toagree to pay, in advance or otheruise, the cost to the City ofrnaking the changes.
B. coDtracts rith covernEental Agencies. If Street Lightingservice or other service is requested by a governmental ag"icy, .contract wilf be required by the City.
c. city council Approval. Standard contract forns shall beapproved by the City council by resolutj.on pursuant to City CharterSection 8.10. Such standard Cont: acts may be executed. by the cityAdninistrator or his designee in accorda-nce with these Rules andthe Rate Schedules without additional City Council approval.
OEdinance No. 8O5 Effectj-ve Ot/LS/jOOrdinance No. 1O3O Effective 06/IS/gs
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Rule No. 5:
CTTY OF VERNON
LTGHT & POWER DEPART.I,TENT
RUf,ES FOR EEECTRIC SERVICE
SPECIATJ INTORMJATTON REOUTRED ON FORMS
A. Applications and Contracts. Each Application and contract forelectric serviCe wiIl contain the followlrrg provision:
LThis Apprication or contract for services shalr at ar.1 tiruesbe_subject to the rules and.regulations of the City of Vernon,
.whic! may be changed or modifiea by the city council trour iineto time in the exercise of its iuiisaictioln.
B. custoEer,s Bi1Is. Information printed on each biLl forelectric service will, include the folloiwing:
PI,ACE OF PAYMENT
The city of Vernon custoner service Division, 4305 santa FeAvenue, Vernon, CA 90058-1286 is the only authorized paymentstation. If paid eLsesrhere, the city is not responsiiL3 forpayments delayed in reaching said office. cheCks shall bemade payable to the City of Vernon.
PAr!{ENT
Bi]l-s are due and payable on the Date of presentation shogrn onthis bill. BilLs become delinquent and subject to a late feeif payment is not received (postrnark not acceptabte) by thecity of vernon 20 days thereafter. If not paia witirin'tni"time, service may Ue discontinued. ff tiscontinuea, -i
reconnection charge, pre-payment of the closing bill equai totwice the average monthly bitt, ana the entire detinque;t UitfshaIl be remitted in fulI before a discontinued ser-vice willbe reestablished.
t.
RETURNED
If a check for payment
charge will be assessed.
CIIECK
is returned unpaid, a service
Payment in lieu of the returned check wilt be acceptedonly in the form of cash, noney order or cashier,s chick.
PersonaL or business checks will not be accepted for aperiod of at l-east 6 months on accounts $/ith more thanone returned check within a 12-month period.
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Rule No. 5: SPECfAL INFORMATION REOUIRED ON FORMS (coutiEued)
UEASURES OF CONSUI.IPTION
KWH or kilowatt-hour is the basic measurement of yourefectricity use. One 1oo-watt bulb burning for 1O hours i,illconsume one kilowatt-hour.
ccF or one hundred cubic feet is the basic neasurement of yourvrater use. One hundred cubic feet equaLs approyimately 748gallons.
C. FinaI Notice, The following statement will be printed on eachFinal Notice:
INFORI'{ATION
If you question this bi11, please request an explanation fromthe Custoner Service Division. If you thereaftdr betieve thaiyou have been billed incorrectly, to avoid discontinuance ofservice send your pa)rment under protest to the custone;service Division with a copy a writtenstatenent_supporeing your belief t correct.Such stat'ements regarding dispu should behade to the attention of the and. powerDepartment. t Such statements regarding disputed water bittishould be made to the attention of thJ Director of the water,Department. The respective Director wiLl review the basis ofthe bilLed anount and authorize any. adjustment required inaccordance with his findings. ff tne matter i.s .roCsatisfactorily resolved .by the respective Director, V"" roiypetiti^on the city council for finjl determinati"n.' 'Ii t;;need further information, please caII the customer Serv-iceDivision at (213) 593-9811 between the hours of 7:OO a.m. and5:30 p.m., Monday through Thursday.
RULES A}TD REGULATIONS
The City of Vernon Electric Service Rules and the Water RuLesand Regulations, under Hhich service is rendered, are on fileat the Custoner Service Division. If you wish a copy of anyinformation pertaining to your u""o,.rrf, please wri€e to tniCustorner Service Division.
This notice includes a late fee. If you question this biltplease reguest an explanation from the Custoner serviceDivision. - If you thereafter believe that you have been billedincorrectty, to avoid. discontinuance of service .""a y-"ipayment under protest to the Customer Service Division wittr acopy of the biII and a written statement. supporting yourbelief that the biII is not correct. Such statements
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Rule No. 5: SPECIAL fNFORMITION REOUIRED ON FOR-trtS (continued)
regarding disputed eLectric bilIs should be made to theattention of the Director ('T Light and power Department. Suchstatements regarding disputed water bj_I1s should be made tothe attention of the Director of the Water Department- Therespective Director wilL review the basis of the bilLed amountand authorize any adjustrnent required in accordance with hisfindings. ff the matter is not satisfactorily resolved by therespective D.irector, you may petition the aity councif fortrnal. determination. I.f you need further information, please6aII the Customer Service- Division at (213) 583-8811 bLtweenthe hours of 7:00 a.m, and 5:30 p.n., Monday through Thursday.
,If a discontinued service is reestablished, a reconnectioncharge wiIl be assessed.
Resolution No. 4537 EffecCive 02/21/78Ordinance No. l03O EffecCive 06/LS/gs
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CITY OT VERNON
LIGHT & POWER DEPARTMENT
RT'LES FOR ELTCTRIC SERVICE
RU1E NO. 5: ESTABLISEMENT AND REESTABI,TSEMENT OF CREDIT
A.servi rvrng
Rure ,-I'*deeme t thesole discretion of the City:
l; The.applicant is the owner with a subqtantial equity, of valuesat.isfactory to the City, in the premises to be served.
2. The applicant furnishes a guarantor, satisfactory to the city,to secure payment of bills for electric service.
3. The applicant has been a Custoner of the city for a similartype of service within the Iast two years and during the lasttwelve consecutive nonths of that prior service did not havemore than trro past due bills and provided that the credit ofthe applicant is unimpaired in the opinion of the City.
4. The applicant,s credit is othererise established to thesatisfaction of the city.
B. ReestablishneDt of Cledit. An applicant or Customer will berequired to make prepayment in accordante with Rule No. 7 and/or toreestablish credit in accordance with RuIe No. 6 und.er any of thefollowing conditions:
1. In case applicant previously has been a Customer of the Cityand its electric service has been discontinued by the cityduring the last twelve nonths because of nonpayment of bil1s.
2. In case a Customer has failed to pay bills before they beconepast due as prescribed in RuIe No. 11-A, and has furtherfailed to pay such bilLs within two (2) City working daysafter presentation of a discontinuance of service notice fornonpayment of bilIs. This condition wiII apply reqard.less ofwhether or not service has been discontinued. -
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Rure No' 6: ESTABLTSHMENT AND RE-E'TABLT'EMENT oF cREDrr (c6rnu.d)
3. In case the conditions of service or basis on which cred.it wasoriginally estabDshed have, in the opinion ot tne City,materially changed.
Resolutj-od No. 4537 Effective 02/2t/79Ordinance No. 1O3O Effective 06/LS/95
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RuIe No. 7:
LIGHT
RI'LES
PREPAYI.TENTS
CITY OF VERNON
E POWER DEPART!.IENT
FOR Ef,ECTRIC SERVICE
A. .AEouDt of- Prepa]rEeDt. prepayment shall be reguired froD anyapplicant or \-+ustomer which has not estabfished oi reestablishedcredit. The amount of the prepayment shall be trrice the estimatedaverage nonthly b{Il.
B. ,Return of prepalrttrent.
7.' when an application for electric seivice has been cancelled.prior to the establishnent of electric service, the prepa)arentwiII be apptied to any charges applicable in accordante-withthe Rate Schedules and the applicant i{itl be so advised. Theexcess portion of the prepaymene wiII be refunded.
2. when the customer,s credit has been established in accordancewith Rule No. 6, the City wilt apply the balance of theprepa)rment as a credit against future bit1s.
3. Upon discontinuance of electric service, the City will applythe prepalrment to any outstanding charges and the exlessportion of prepa)rnent witl be refunded.
Resolution No. 4782 Effecrlve 03/3f/ALOrdinance No. 1030 Effective 06/tS/gs
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Rule No. 8:
LIGIIT &
RULES FOR
NOTICES
CITY OF VERNON
POWER DEPARTMENT
EEEC?RIC SERVICE
A. A Notice to a CustoBer. When a notice from the City to acustomer is required. it erilt normally be given in $rriting, iithermailed to the customer,s Mailing aaares! or delivered' to tneCustomer,s place of business, except that in emergencies the Citymay grve an oral notice,
1. 'Ejna l_-NgElge. The t,FinaI Notj.celr f or nonpayment of a' delinquent account shal] be sent - by firs€ -ctass nail,addressed to the Custoner to whon the lervice is bi1led, atleast 1o calendar days prior to proposed terrnination ofservice.
2. Notice of CatI. Notice of discontinuance of service fornonpa)rment of a delinquent account shall be g:iven by deliveryof a "Notice of CaLI" to the custoner,s plaJe of bt]siness atIeast 48 hours prior to proposed terminalion of service.
B. A Notice flou a custoEer. A notice from a Customer to theCity may be given by written coumunication mailed to the CustomerService Division or may be given orally by the Customer or itsauthorized agent at the Custoner service Division except hrhenwritten notice is specifically required in the applicabie RateScheduIe.
Resolution No. 4537 Effeccive 02/2L/78ordinance No. 1O30 EffecCive 06ifS/gS
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LIGIIT &
RULES FOR
CITY OF VERNON
POWER DEPARTMENT
EtrECTRIC SERVICE
RUIE NO. 9: PRESENTATION AND PAYMENT OF BTLLS
A. Presentation of Bi11s.
1. BilIinq period. BiIIs for electric service wilI be presented.rnonthly or ps otherwise provided in the applicable RateSchedules. At the sole discretion of the City, a Customer may
.be required to make weekly payments based on est,imated. usage.
1,.' Metered Service. Bills for metered service wil]. be based. onMeter registrations. Meters will be read as required for thepreparation of regular biIls, opening bi1Is, and closingbilLs. It nay not be possible always to read neters on thesane day of the month, and if a monthly Billing period
contains less than 27 days or more than 33 days, a pro ratacomputation in the bill wiII be made.
3, Pfo Rata computation. Al,1 opening biIIs, closing bills, andbiIIs for electric service presented for periods of less than27 days or more than 33 days on a monthLy Billing period willbe computed in accordance with the applicable Rate schedule,but the size of the energy bl,ocks, and the amount of theCustomer, Service, Denand, or Minimurn ChaIges, specifiedtherein, wiLl be prorated on the basis of the ratio of thenunber of days in the period to the number of days in anaverage monthly period, which for this purpose shall be takenas 3O days, or as otherwise provided in Rate Schedules.Energy usage (kwh) will not be prorated.
When Temporary Service is furnished and the Customer has paidthe estimated cost of installing and removing the servicefaciLities, no proration wj.II be made on these costs.
B: .Reading of Separate Meters Not CoEbiDed. For the purpose ofbilIing, each Meter upon the Customer,s premises wiII be Lonlideredseparately, and the readings of t!.ro or more Meters wiII not beconbined except as f oL lolrs:
1. Where combinations of Meter readings are specifically providedfor in the Rate Schedule.
2. t{here the City,s Operating Necessity requires the use of morethan one Meter.
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RuIe No. 9 : PRESENTATfON AND PAYMENT OF Bf LLS (c..d""",.,)
9. Palmert of BiIIs. I,Ihen bills are presented monthly, they willbe due and payable on or before.twenty- (2o) days aftei'ine-oite ofPresentation. when bills are presented weekly, they will f. a,.r"and payable on or before five (5) days after -the Date ofPresentation.. paynent shalI be made at the City of Vernon Cr=io.".Service Division, 4305 Santa Fe Avenue, Vernon, CA 9OO5g_1786.
D. Re_turBed Check Charge. The City wiII require payment of a9f.rg9. for any' check returned from t-he bank uripaid.- 'nayment inlieu 6f the returned check witl be "-""pt"a oniy in the form ofcash, nioney order.or cashier,s check. pe-rsonal oi business checkswil]. not be accepted for a period of at least G months on accountswith.more than one returned- check within " fZ-r""ii, p";i;:---
Resolution No. 4782 Effective 02/l/81Ordinance No. 1O3O Effective 06/t5/gs
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CITY OF VERNON
LTGITT & POWER DEPART}.{ENT
RULES FOR T:,ECTNTC SERVICE
RU1E NO. 10: DTSPI'TED BILLS
1: Request f.or Billing Reviev. Any request for review of a billtrled. by a Customer shal,l he reviewed by a Customer ServiceDivi*ion representative. The revierr' shall include consideration ofwhether the Customer should be permitted to amortize the unpaidbalance of his account over a reasonable period of time.
P. Review by Director of Light & poTer. Any Customer, whoserequest for review regarding a bi].I for electric service hasresulted in a determination by the custoher Service Divisionrepresentative which is adverse, may have such determinationreviewed by the Director of Light and piwer of the City of vernon.
1. To avoid discontinuance of service, the Customer shall paythe amount cl-airned by the City to be due. Such payment shalldeemed to be made under protest. fn lieu of such payment, aCustomer erhose credit has been established pursuant to RuIeNo. 6 may request to amortize pa)rments. Approval of suchamortized payments sha]I be at the sole discretion of thecity .
2. checks or other forms of rernittance for such payment underprotest sha1l be accompanied by a letter of explanation to theDirector of Light and power.
3. Upon receipt of the payment under protest and letter ofexplanation the Director wiIl review the basis of the billedamount. After review the Director may:
a. 1f special circumstances exist, waive returned. checkcharge, reconnect charge, and late charge, or
b. Recommend any adjustment to electric charges asdetermined by the review. Any recomnendation for acredit or refund must be approved by the CityAdministrator,. and if the amount exceeds S10,OOO, cittCouncil approval wilL also be required.
4. If the natter is not satisfactorily resolved by the Director,the Custoner nay petition the City Councit for a finaldecis ion .
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RuLe No. 10: Df SPUTED BfLLS (cdrinE!)
c. Discontinuance of service. Fairure of the customer to makepayment under protest of the di6puted birr prior to the "*pi.uii""date of a 48 hour Notice of carr wilr warrant discontiniance orservice uithout further notice.
D. Additional Bills DuriDg Revieer. ff before completion of theCity Council,s review, additional biIIs become &u" whi-ch tneCustoner wishes to aI amounts claimed by the
:i!Y-E"- o", due'for - shall be paid before theybecomts past due and warrant discontinuance ofservice in accordance with RuIe No. Ll-.
Resolution No. 4537 EffecCive 02/2f/19ordinance No. 1O3O Effective 06/t5/gs
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LTGHT
RULES rOR ELECTRIC SERVTCE
CTTY OF VERNON
& POTER DEPARTMENT
RUIE NO. 11: DTSCOIflTTNUANCE AND RESTORATTON OP SERVICE
A. hast Due Bills. When bills are presented nonthly, they wiIIbe considered past due if p-alrment is not received witnin z6 aaysafter the Date of Presentation. When bil1s are presented weekl!,they. vrill be considered past due if pa)rment is not received. within
I days after the Date of presentation..
B. Nonpalment of Bil.ls.
l. A customerrs service may be discontinued for nonpayment of abi]1 for service previously rendered by the city plovided suchbilt is not. paid within 4g hours after i notice ofdiscontinuance of service by delivery of a rtNotice of CaII.'r
2, If a customer is receiving more than one service, any or allservices may be discontinued when any service, regardless ofIocation, is discontinueal for nonpayment.
3. Under no circurnstances may service be discontinued fornonpa)rment of a bill to correct previously bilted incorrectcharges for a period in excess of the preceding three nonths,unless such incorrect charges have resul.ted from the Custonernot abiding by these Ru1es.
service wiII not be discontinued on any Saturday, Sunday orlegaI holiday for delinquency in payment of a bilL forelectric service.
C. Violations or t nsafe nquipnent.
1. The City may refuse or discontinue service to a Custoner ifthe city determines:
a. That any part of the Customerrs wiring or otherequipment, or the use thereof, is unsafe or in violationof applicable laws, ordinances, rules or regulations ofpublic authorities.
b. That any condition existing upon the Customer,s premises
endangers the City,s service facilities.
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2. Such discontinuance shaIl continue unti] viring, equiprnent, oruse has been put in a =afe condition or th; liiotationremedied. fn the.event of a.dangerous condition, tne ciiy nayvrithout giving prior notice inmeaiately discontinue ."rril" toany Premises.
3. The City does not assune any responsibility of inspecting orrepairing the customerrs wiring or other eqriipment oir any partthereof ahd assumes no liability therefore.
LD. .service -Detrinental to Otber CustoEers. The City will notprovide service for equipment, the operation of whi& ,iff n.detrirnentar to the service of the city,! other customers, and wirldiscontinue erectric service to any'cusiomer which continues todperate such equipnent after having been given notice to cease bythe city.
E. - Fraud- The City may refuse or discontinue service imnediatelyif the acts of the Customer or the conditions upon its premisei aresuch as to indicate an intent to defraud. the iity.
F. RestoratioE of service. Before restoring service that hasbeen discontinued for nonpayment of a biII or fbr a violation:
1. The city may reguire pa)rynent of a reconnection charge. Incase the customer requests that such service be reconnected. onthe day of its reguest or outside of reg'ular business hours,the reconnection charge rnay be increased to cover the costthereof.
The Customer will be reguired to reestablish credit inaccordance with RuIe No. 6 or nake prepayment in accordancewith Rule No. 7.
RuIe No- 11: DfSCONTINUANCE AND RESTORATfON OF SERVICE (cmd6ucd)
The Custoner wilI be required to pay aIl delinquent bil-l_s.
ResoLution No. 453? Effective 02/21/jBOrdinance No. IO3O EffecCive 06/tS/gs
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Rule No. 12:
CITY OF VERNON
LIGET & POWER DEpArTri{ENT
RULES EOR ELECTRIC SERVTCE
RJATES AND OPTTONAIJ RATES
A. Effective Rates. The rates charged by the City for electrj-cservice are ttrbse approved by resolutlon of the Ci€y Council. Agopy rof. cotnplete Rate Schedules sill be maintained for publicinspection at the. city Clerk,s Office.
B. optio'al Rates. rf there are two or more Rate schedules oroptional provisions applicable to the class of service requested bythe applicant. the city will call applibairt,s attention tiereto atthe tihe application is made, and -the applicant nust aesijnatehrhich Rate Schedule or optional provision is desired..
c. Change in nquipuent or operatioa. when the customer, inaccordance with Section C of RuIe No. 3, notifies the city of anymaterial change in the size, character, or extent of its eQuiprnentor operations the City wi1I, vit rin a reasonable time, aariisl tirecustomer of the resulting rate options. In the absence of thenotification provided fof in Secf,ion c of Rule No. 3, the cityassurnes no responsibility for advising the Customer of loweroptional rates under other existing na-te Schedules or optionalprovisions available as a result of tne Customerrs chaiges inequipment or operations.
D. New or Revised Rates. If new or revised Rate Schedules areestablished, the- City reil1, within a reasonable tine, bring then tothe attention of the Customers lich may be affected..
E. change of Rate Schedule.
1 A change to another applicable Rate Schedule or optionalprovision will be made onLy when a customer elects in irritingto make such change.
2. If a Customer so elects, the change to another Rate Schedulewil] be made provided:
a, A change of Rate Schedute has not been made during thepast tr.relve-nonth periodr. or
b. The.change of Rate ScheduLe is nade to, or fron, a new orrevised Rate Schedulei or
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RuIe No-L2 = RATES AND OPTf ONAL RATES (coEriau.d)
l.
3.The change of Rate Schedulebilling period during which
change .
c. There has been a change in the custoner,s equipment oroperations for that silrvice which, in the opiiio-n of thecj.ty, justifies the change of Rate Schedule.
will become effective for thethe Customer has requested such
F.
2.
tnterconnection.
Unless othervise stated in the Rate schedule, The Rate.Schedules of the City are applicable only for =".rj"" =,_rppii"aentirely-by- the city without intercgnnlction with ""y-;a;;;source of el,ectrical energy.
where necessary to meet rninimum requirements duringenergencies, a standby- generator may be interconnected througfra double-throw switch with the written approval of tfreDirector of Light & pohrer. The standby gener-jtor switch maybe either hanualLy or automaticatly cdntlrolled. The switci:arrange:nent shall be such that the generator will not energ:izethe City,s service wires under any circumstances.
Ordinance No. 806 Effective Ot/LSl7OOrdinance No. 1O3O Effective Oe/titgs
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CITY OF VERNON
LTGIIT & POWER DEPARTMEMT
RSIJES POR ET.ECTRIC SERVICE
RUIC NO. 13: TEMPORARY SERVTCE
A. Establishment of. -TeEporary Service. If no unalue hardship toexisting customers wilr iesuri therefrom, the city wiii-rurnisnTemp*ary Service under the following conditions:
1. Theby J;"".'l:ili;i"=",::"*::::i'forest ,.r="..i,?i}"=.ii"rjr5i:"=r:::
2. The applicant sharr estabrish credit in accord.ance with Rure, No. 5 or make prepayment in accordance with Rule No. 7.
B-. change to per,ane't status. rn no event will a customer beclassified as temporary for more than three years.
Ordinance No. 805 Effective l/t5l1OOrdinance No. 1030 Effective 06'/LS/gs
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LIGIIT &
RUI,ES FOR
CITY OF VERNON
POWER DEPARTMENT
EI,ECTRIC SERVICE
A. .shortage and IDterruption. The City does not guarantee asufficient. supply of electricity or freedom frorn interiuption.The C(ity will not be l-iable for interruption or shortage oi sufpfy,nor for any loss or damage occasioned thereby.
B. Tenf,orar the city finds itnece6sary to electric system,it, wilL haveelectriciry rtlE nur""t"',,I"JJ.ijCustomers. To the extent practicable such repairs or improvementswirL be perfomed expeditiousry and with as littte inconvlnience tothe customers as possible.
of the City,s electric system,electric energy to customersany other cause, notice of sucho the Customers. The City wil-trestore delivery of electricenergy.
c. Apportionnent of Supply During fitre of shortage. ff ashortage of supply of electricity occurs, the city wili apporiionits available supply among its Customers as the 6ity in iis sofediscretion shaIL determine.
RUle No. 14: SEORTAGE OF SUPPLY AND INTERRI,PTToN oF DELIVERY
Resolut.ion No. 4OO5 Effective OB/fA/7Oordinance No. I03O Effective 06/:-S/gS
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LTGHT
RUI.ES
CITY OF VERNON
& POWER DEPARTI.IENT
FOR EEECTRIC SERVICE
Rule No. 15:LINE EXTENSIONS
A. General. The City will construct, own, operate and maintainj.c streets, roads and highrvaysto occupy, and on public landsich rights of way or easenentsbe obtained without cost orequest by the City, the applicantor easenents.
Line Extensions of standard Nominal Voltages of 16.5 kv or lessnecessary to furnish permanent electric service to applicants wiIIbe made by the city in accordance with the provisions'tf this rute.
This Rure does not appry to the extension of facirities of standardNomina] voltage in excess of 1G.5 kv unless the city desires toextend such facilities for the City,s Operating llecessity.
B. Overhead Line Extensions.
1. Free Footacre Allor,rances. overhead tine Extensions wil_l bemade by the city at its own expense provided the length ofline required does not exceed tne free length as deteirninedfrom the allowances given in Table 15-1.
Table 15 -1
For lighting load, per kw connectsed. ....12S feetFor permanently installed cooking or heatingLoad, per kw..... ......?5 feetFor air conditioning Ioad per hpconnected. ... . .50 feetFor motors of t hp or more, per hp connected. . . . . SO feetFor street Iighting requiring pole LineExtensions, per 1,000 lumens. ..25 feet
Conditions.
a. Length and Location of Line. The length of Line requiredfor a Line Extension will be considered as the diJtancealong the shortest practical route, as d.etermineal by theCity, fron the City,s nearest pernanent oistribution- f,inepole to the pole frorn which the service connection is tobe i-nsta I Led .
15 - 1
Rule No. 15: LINE EXTENSfONS (c6unEd)
1.
b. Special Facilities. Under this rule the city willinstalt on1y. those faeilities which it deerns neces3ary torender service in accordance with the Rate scheduies.Where the applicant requests facilities vhich are inaddition to, or in substitution for, the standardfacilities vhich the city nomally would install, theextra cost thereof shall be paid in advance fy tneapplicant .
Extensions Bevond the Free Lencrth.
a. overhead Line Extensions of greater 1ength than the free. extension, as specified in Table 15-1, wiII be madeprovided the applicant for service nakes a nonrefundablepaynent to the city for the estiurated line andinstallation costs in excess of the free length. SuchDistribution Lines wiII be owned, operated and rnaintainedby the city .'
b. when more than one applicant j.s to be served from thesame Line Extension, the total free length lrill be thesum of the free allowances for each applicant asspecified in Table 15-1. The total paynent rl(uired fronthe group of applicants will be apportioned among themembers of the group in such manner is they may nutuallyagree ,
ondergrounal Line Exteusions.
ceneral. Underground Line Extensions wi.Ll be rnade only whennutually agreed upon by the city and the applicant, exc.ept inthose areas where the city maintains or desires to rnaiirtainunderground distribution facilities for the City,s OperatingNecessity or in _cornptiance with applicable lawsl ord-in.nces ]or similar requirernents of publiC authorities. UndergroundDistribution Lines will be owned and naintained by the 6ity.
Citv-fnstalled Line Extensions.
a. Normally underground Line Extensions wiIl be installed bythe Cityi provided that the applicant. shal-I pay i;advance a nonrefundable sum equal to the estimat6d -cost
of the underground Line Extension.
b. Underground service facilities lriIl be installed andmaintai-ned in accordance v/ith Rule No. 15.
c.
2.
\5-2
3.
Rule No. 15:LINE EXTENSIONS (corinud)
AptrL icant-fnsta l led Line Extensions.
ordirraace No. 806 Effective OLltSlTOResolutioa No. tO3O Effective 06lL5lgs
a.. when nutually agreed upon by the City and the applicant,that portion of the underground Line Extens.ion consistinqof the duct system (including conduits, ducts, nanholeiand vaults) nay be instalted by the applicant inacco.rdance with the city,s specifj-cations .
b. Upon acceptance by the city, applicant wiLl transferownersh.j.p of such duct system to the City. Applicantshall obtain necessary permits and speciflcati6is from. the City prior to starting constructibn.
c. Any additional underground distribution facilitiesnecessary to complete the Line Extension lriII beinstalled by the City at applicant,s expense.
d. Underground service facilities witt be instatled andrnaintained as provided in RuIe No. 16.
BeplaceBent of overhead with Underqround DistributionFacilities. When mutually agreed upon ty the City and aCustomer or applicant, overhead distribution facilities may bereplaced with underground distribution facilities. provid"dthe customer or applicant requestingr the chang'e plys, inadvance, a nonrefundable sum equal to the estimitea c-ost ofsuch faciLities.
special conditions.
TeFporarv Service Line. Line Extensions for Temporary ServicewilL not be made under this ru1e, but wili be mad.e inaccordance vith RuIe No. 13.
Excggtional Cases. In unusual circumstances, when theapplication of these rules appears irnpractical or unjust toeither party, or in the calL of thL extension of G6 kvfacilities, the City or the applicant shall refer the matterto the city Council for special ruling or for the approval ofspecial conditions r.rhich may be mutually agreed upon,- prior tocommencing construction.
D.
1.
15-3
3.
CITY OP VERNON
LIGIIT & POEER DEPARTMENA
RULES FOR EEECTRIC SERVICE
Rule No. 16:SERVICE CONNECTIONS AND FACTLITTES OlI CI'STOMER'S
PREMTSES
Meter and Miscellaneous Service EquipDent on CustoEer,sPremises.
Metef Tnstallations.
A.
1.
2.
'a. Location. The Custoher shaIl provide an approvedLocation for the Meter or Meters'and associated equipnenton the Premises which at aIl times shalL be accesiiblefor inspection, reading and testing.
The customer shall, at its olrn expense, provide a new and.approved location whenever the existing location becomesinaccessibLe for inspecting, reading or testing.
b. MuLtiple-Occupancy prenises. In Eultiple-occupancyPremises in which l"teters are required to be instaltea foivarious floors, groups of rooms, or separate buildings inorder to measure separately the electrical energysupplied to each of several Custoners, aII Meters andassociated equiprnent shall be Iocated at one centralpoint unless otherwise specified by the city. Each Meterposition shall be clearly marked bt the Uuitaing o$rner toindicate the particular location supplied by ii.
c. Master Meters. A master Meter and associated equipmentwill, be furnished and installed by the Ci€y -upon
application by the owner or lessee of any muttipi"-occupancy premises where electric energy is to befurnished and/or netered by said owner or -Iesse" to theindividual tenants as provided in RuIe No. 18.
d. Sealing of Meters. AII Meters will be seaLed. by thecity, and no such seal shall be tampered with or b-rokenexcept by an authorized representative of the City.
Misce]laneous Service Equipment.
a. Equipment Furnished by Customer- All service switches,fuses, Met.er sockets, tleter and instrument transformerhousings, sr.ritchboard Meter test busses and sirnilardevices, regardless of voltage. required in connection
16 - 1
RuLe No. 16:E!8V_I:! colrNEcTIONS ANp FACTLTTIES oN cusToMER ' SPREMISES (cooriou.d)
B.
1.
with service and l,feter installation on Customer,sPremises, sha1I be furnished, installed, ana maintainedby the Customer in accordance with the City,sreguirements. Detaited specifications wil,I Ue furni=i.r"aby the city upon request.
b. Equipnent Furnished by city. The City wiIl furnish, own,and .insta1I the necessary instrunenC transfor.".=, t"=tr facilities (except switchboard meter test bussesi, andMeters.. A]so, the city will furnish, own, and installthe enclosures uhen it deems it necessary to locate theMeters and associated equipment at a point that is notaccessible to the Customer.
service connections.
Line. Extensions. ff the city,s Distribution Lines are notcontiguous to the Custo:ner,J premises. such lines may beextended in accordance with Rule No. 15.
Service Drops. Upon application for service, and wherethe City,s Distribution Line is located on the Customer,sPremises, or on a street, highway, Iane, alJ.ey, road,right_of way, or easement imnediately contiguous .tirereto,
the city wil1, at its own expense, iurnish-and install asingle span of overhead - Service Wires from itsDistribution Line to the Customerrs first permanentsupport; provided that such support shal} be of a typeand so located that such Service wires may be instal-l-edto a point approved by the city in accordince with goodengineering practice and i; compliance with aI1applicable Iaws, ordinances, rules and. regulations,including those governing clearances and !oints "iattachments .
fnlpaired clearance. whenever any of the clearancesrequired by the applicable Iaws, ordinances, ru1es, orregulations from the overhead service wires to the groundor any object become impaired by reason of any cfrangesmade by the owner or tenant of the prernises, the Custoiershal1, at ovide a nev/ approvedsupport, in by the city, ior trretermination ead service- i.Iires andshalf also ntrance conductors andequipment necessitated by the change of location.
2.
b.
L6-2
Rule No. 15:+BgIgE CONNECTTONS ANp FACILTTTES oN cusToHER,SPREMfSES (co.rioucd)
Underqround Services fromdJnderqround Distribution Lines.
cenera I .
(1) fn areas where the City naintains undergroundDistribution Lines eontiguous to the Cust5ner,sPrernises, Service Wires wiII be underground, using. the shortest practicable route to the Cusiomer,itermination facilities, which shall be at alocation satisfactory to the city.
(2) Upon request by the city, the Custoner shallprovide vrithout cost to ahe city the necessaryrights of way or easements
(3) The Customer, at its expense, shalL instal-l, ownand maintain a conduit systen (junction boxes,manholes, conduits, ducts, enclosures and vauttsjin $/hich the City wil_I install its undergroundservice Wires. The p1ans, specifications, andinstallation of such conduitJ systen shall besubject to the approval of the Citt.
(4) In case of unusual conditions on the customer,sPrenises, the City and customer may adjust theseprovisions by mutual agreement.
New Underground Services from Underground DistributionLines. The City will install undergiound Service Wiresfron its underground Distribution Lines to the Customerrstermination facilities under the followj.ng conditions:
(1) The Cust.oner, at its expense, shalt perforn thenecessary trenching, backfill, and paving on itsPremises and shalt furnish, instalt, 6wn, andmaintain the conduit system and terminationfacilities on said prenises.
(2) The City will furnish, instal-I, ohrn, and maintainthe underground service Wires to the customer,stermination facilities. If the length of suchservice Wires is 1oo feet or 1ess, the city wiIIpay the cost thereof. If the Iength of suchService Wires is more than 1OO feet, the Customershall pay to the city the cost of the. Service wiresexceeding 100 feet.
b.
16 - 3
3.
L
RuIe No. 15:SERVICE CONNECTTONS AND FACILTTIES ON CUSTOMER'S
PRElIf SES (coEtioucd)
d.
L
Underground Installation Replacing Existing overhead.Distribution Lines. Where an existing overheadDistribution Line is replaced by an undergroundDistribution Iine, underground service will be suppliedin the same manner and subject to the sarne conditions asabove for new underground services.
ReplBcement or Reinforcenent of Existinq UnderqroundServices. If existing underground Service-Wires re'quirereplacement or reinforcement due to added 1oads, the CitywiJ-I replace or reinforce them up to the Customerrsternination facilities.
4.
(1) The Customer shall pay for any portion of suchservice Wires in excess of Loo feet.
(21 The Customer, at its expense, shal_1. replace orreinforce its conduit system, if necessary. Theplans, specifications and installation of suchconduit system shall be subject to the approval ofthe city.
Underoround Services from Overhead Distribution Lines.
a, ceneral. ff a Customer desires and the City agrees,Service l{ires nay be installed undergiround in areas wherethe city maintains an overhead Distribution Line. Suchunderground Service Wires and other facilities will beinstalled under the same provisions as above for ne$,underground services except that the City at its expensewill provide and install riser naterial (conduit) onCity-ourned po1es.
b. Nev, Underground services from overhead DistributionLines. Where new underground services are connected toan existing overhead Distribution Line, undergroundservice will be supplied in the same manner and subjectto the same provisions as above for new undergroundservices -
c.Replacement or Reinforcement of Existing Undergroundservice Connections fron Overhead DistribuLion Lines. afexisting underground Servi.ce Wires require replacement orreinforcement due to added J-oads, the City vrill replaceor reinforce them up to the customer,s tenninltionfacilities.
t6-4
Rule No. 16:SERVICE CONNECTTONS AND FACILITTES ON CUSTOMER'SPREMfSES (co!rinr.d)
(f) The Customer shall pay for any portion of suchServi,ce Wires in excess of 1OO feet.
(2) The Customer, at its expense, shalI replace orreinforce it_s conduit system, if necessaly. Theplans, specifications and installation of suchconduit systen shal] be subject to the approval of. the City.
LTransforaer Installations on CustoEerrs preEises.
ceneral . fn cases where the City deerns it necessary to-instaIl transformers on the customef,s premises, the cust'omeishall furnish satisfactory rights of vray and easements forsuch purposes, which shall provide adequate space for thetransformer installation. If the Customer requLsts anal thecity agrees to Iocate transformers above the ground floorLevel in or on the custoner,s building, the Customer shall, atits.expense, provide and maintain per-manent Iifting equipmentsuitable for installing and removirig the transform.i=.- Rightsof way and space provisions must be such that requiredclearances fron adjacent structures can be Eaintained, aid anyvault, room, enclosure, or lifting equipnent provided by thLcustomer shall confonn with all applicable laws of the Stateof California. The pl-ans, specifications and installationthereof sha11 be subject to the approval of the city.
Inslallations Over 15Oo kvA. For instalLations over 15OO kVA,each installation shall be in accordance with the following:
a. The City will not furnish a pole-type transfonnerstructure for an installation over 15oo kvA. For aninstallation over 15oo kvA. a suitable fireproof vault,fire proof room, concrete pad, or foundation sha11 beprovided by the Customer.
b. l.lhere a transformer bank and its switching equipment areto be located outdoors, the Custoner shall provj-de andmaintain, at its expense, a suitable conciete pad orfoundation and encl-osure as specified by the city. wherea transforrner bank and its switching equipment ire to beIocated indoors, the Customer shall provide and maintaina suitable fireproof vault or fireproof room, at itsexpense. The concrete pad, foundation, enclosure, vault,or room is subject to city approval before theinstallation wi]1 be mide. - Trl-nsformers will beinstalled in buildings only if there is no suitable
c.
1.
2.
15 - 5
RuIe No. 15:SERVICE CONNECTIONS AND FACTI,ITTES ON CUSTOMER'S
PREMfSES {cotrrinu<,
outdoor location.
c. .fhe. City wilL own and install transformers, switchingequipment, protective equipnent, prinary and. secondarfbus, and necessary grounding. The Customer shall furnishand install, at its expense, all secondary equipment and. naterial necessary to receive service at the iecondary ofthe rtransfotmer bank or the second.ary bus, or asI otherwise specified by the City.
3. fnstallations of 15oo kvA or Less. For installations of ]-5oo
, kvA or less. each installation sha1l be in accordance with thefollowing:
a. ff the City erects a pole-type transformer structure atits expens5, service riom tfri! structure witl be =rpfri"aas specified by the City.
b. If the Customer provides a suitable concrete pad,foundation, enclosure, fireproof vault, or fireproof ioornat its expense, the installation will be made inaccordance with the provisions of 2-b. and 2.c. hereof.
4. Underqround Services. If Service Wires are to be installedunderground, instalLation of such Service Wires and theassociated conduit systen will be made in accord.ance with theprovisions of 8.3. or B.4., as applicable.
D. olrDership andl MaintenaDce of Facilities. Al1 transformers,Meters, Service !'tires, and other facilities installed by the Cityupon the Customerrs premises for the purpose of delivering etectrilenergy to the Customer shall continue to be the property of thecity, and_may be repaired or replaced by the city ;t jny time, naybe removed at the termination of serviCe, and niy also be used tosupply other Customers whether or not on th; same premises,provided the proper rights of v/ay have been obtained.
No rent or other charge whatsoever shall be made by theCustomer against the City for placing or maintaining suehfacilities upon the custoner,s pfemiseJ. The customei shaIIexercise reaso the facilities of the City uponsaid Premises r destroyed, and stlall r;friinfrom relocatin ering wilh such facilities. rncase any defect therein shall be discovered, the Custoner shallpromptly notify the City.
16 - 6
RuIe No. 15:SERVICE COIINECTIONS AND FACILTTTES ON CUSTOMER'SPREMISES (cotr6oucd)
E. Custoner Responsibility 60r fts Equipnent. The Customershall, at its sole risk and expense, furnish, install, inspect, andkeep- in good and safe condition alI electrical wireJ, Iines,machinery. and apparatus of any kind or character which rnay berequired, including aII necessary protective appliances andsuitable enclosure therefore, (1) for receiving eiectric energyfrom the lines of the City, regardless of the location of thetransformers, fleters, or otiler equipment of the City and (2) forapplytng and utilizing such energy.
..The Customer shaII also be soleIy responsible for thetransmission and delivery of all electric energy over or throughcustomer,s wires and equipnent.
The city shall not be responsible for. any loss or damageoccasioned or caused by the negligence, want of proper care orwrongful act of the Customer, any of its agents, enpfoyees, orlicensees, or any third party installing, -rnaint.a ining,- using,operating, or interfering with any such wires, 1ines, nacliin"ry, orapparatus.
P. Right of Access. The City shall, at all times, have the rightof ingress to and egress fiom a Custonerrs premises for anypurposes reasonably connected ,rith the furnishing of electriienergy and the exercise of any and aII rights secured to it by lawor these Rules.
Resolution No, 4020 Effecri.ve LL/17/7Oordinance No. lO3O Effecrive 06/lStg5
L6-7
CTTY OF VERNON
& POIIER DEPARTI{ENTLTGHT
RULES FOR EBECTRIC SERVTCE
RUIE NO. 17: I'IETER TESTS AND ADJUSTI'{ENT OF BTLLS FOR I.TETER ERROR
A.Tes ts .
Prior to Installation. Every Meter wiIl be tested at or priorto the time of installation, and no Meter will be placed inservice if found to register more than 1* fast or 1t slow.
on Customer Request. A Customer nay, on notice of not lessthan one week, require the City to- test the Meter for itsservice. A charge will be made for such a test. but, this
amount will be waived if the Meter is found to register morethan 2t fast or 2t sloer.
A customer shall have the right to require the City to conductthe test in its presence or in the presence of its expert orother appointed representative. The results of the test willbe furnished to the Customer within a reasonable time aftercompletion of the test.
AdjustEent of BiIls for lleter Error.
Fast l4eters. When, upon test, any Meter is found to beregistering more than 2Z fasE, the City wiLl refund to the
Custoner the amount of the overcharge based on corrected Meterreadings for the preceding six nonths, subject to theprovisions of paragraph 4 hereof,
SIor/ Meters. when, upon test, any meter is found to beregistering more than 2* slow, the City may bill the Customerfor the amount of the undercharge based on corrected meterreadings for the preceding six months, subject to theprovisions of paragraph 4 hereof.
Nonreqisterinq Meters. When. upon test, any Meter is found tobe nonregistering, the City may bi}l the Customer for theestimated anount of electricity consumed but not registeredfor a period of three months, subject to the provisions ofparagraph 4 hereof.
BilIs for this purpose wil-] be estimated from the Customer'sprior use, the custoner/s subsequent use correctly Metered,the city's experience $/ith other customers of the same class,and/or the general characteristics of the Customer's
1.
2.
2.
1.
B.
3.
17 -l
RU}C NO. 17: METER TESTS AND ADJUSTMENT OF BTLLS FOR I,{ETER ERROR
CoodnBd)
4.
operations. L
ceneral. l.Ihen it is found that the error in a Meter is due tocauses the date of which can be retiably established, theovercharge or the undercharge wiII be computed back to but not.beyond that date, provided, however, that in no case wiII abiLl for undercharge on donestic service schedules be renderedfor a period exceeding three nonths. When a slow orhonregistering Meter has been caused by an action of thecustomer, its agents, employees, or 1icensees, --he above timelimit,ations shaII not apply.
-ReplaceEent of Meters.
Any-Meter damaged or destroyed by the Customer, its agents.employees, clients, or visitors shall be replaced by tha cityat the Customerrs expense.
Any defective Meter, other than the above, shall be replacedby the City at its expense.
c.
1.
2.
Resolution No. 806 EffecCive 07/15/7OOrdinance No. IO3O Effective 06/f5/95
L'| -Z
CITY OT VERNON
LIGET & POWER DEPARTMEN!
RI'LES FOR EEECTRIC SERVICE
RUIE NO. 18: SUPPIJY TO SEPARJATE PREI{TSES AND USE EY OTEERS
A. Separate I'Ietering. Separate prernises ui1l. not be suppliedthrough the sane Meter, except as nay be specif ical.J,y providL-cl forin the applicable Rate Schedule.
B. other Uses oi pret[ises. Electricity received fron the Cityshall not be used by the Custoner upon other premises or for otheipurposes than those specified in its application or in theapplicable Rate Schedule.
c. UsE by others. A Customer sha1l not charge for electricityreceived from the City and used by another person, except:
L. ff the charge to tenants is absorbed in the rental- for thePremises or space occupiedl or
2. ff the Custoner is the o$rner, Iessee, or operator of anultiple-occupancy premises anil provides submeters for theelectricity used by tenants at the same rates that the citywould charge for the service if supplied directly. fn suchcases, the Customer shal,l. furnish, install, uraintain and testthe submeters.
Resolution No. 4O2O Effective i/f7/7Oordinance No, 1O3O Effective 06/tS/95
18 - 1
SUPPORTING
DOCUMENTS
AFFIDAVIT OF POST ING
STATE OF CALIFORNIA )couNTy oF LOS ANGELES)
CITY OF VERNON )
_Gloria J. Orosco, Chief Deputy Citydo hereby certify that I dlid, on thEto be posted three (3) copies of:
Ordinance No. 1030 of the City
One in each of the following places, to !rit: at the northvest cornerof 38th Street and Santa Ee Avenuei the northeast corner of LeonisB1vd. and Pacific Blvd; and on the bulletin board in the lobby of the
7,
Vernon
d i rect
State of
County of
California )
)ss
Clerk for the City of18th day of May, 1995,
of Vernon
Ciby Ha1I of the City of Vernon locaEe(l at 4305 Santa Fe Avenire, al1in said CiLy, there beino no newsDaDer of oeneral ci rr:rr'l at irrn rrrintain_sai9_City, there being no newspaper of general circulation printedand published in Ci ty of Ve
Datet 5/18/95 oria J.coChief Depu City Clerk
Los Angeles )
On before me,
personally appeared cloria J. Orosco ,(nane of s ignatory )personally knoqrn to me (or knovn to rne on the basis of satisfactory
evidence) to be Lhe person vhose name is subscribed to the \rithin
instrument and acknowledged to me that she executed the same in her
authorized capacity and that by her signature on the instrument the
person, or the ent.ity upon behalf of which the person acted, executed
t,he instrunent.
WITNESS ny hand and official seal:
OFFICIAL SEAT
slcAf{oN L Duct4lvonrH
Notqry AJb[c- Cor,f crnio
LOS ANGEI.ES COUNIY
My Cornmisdon Expkes
June 9, .1905
(notary publ ic )
: AldvtPst. g
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVTNG AN AMENDED CITY OF VERNON
UTILITfES DEPARTMENT RULES FOR ELECTRTC SERVfCE
WHEREAS, the City Councif of Ehe City of Vernon adopted
ordinance No. l-o3o on May 15, f995, providing that rates to be charged
for efectrical energy distributed and supplied by the City within its
boundaries sha1l be set by resolution; and
WHEREAS, by memorandum dated August 4, 2015, the DirecEor of
the Gas & Electric Department has recommended the approval of an
amended City of Vernon utilities Department Rules for Efectric Service
amending Section H(2) of the Ru]es for Efectric Service to state lhat
effective August 4, 201-5, customers being served by the Customer-
Financed Added Facifities shall pay a monthly charge of 0.33? of the
amount advanced, and customers being served by City-Financed Added
Facilities sha1l pay a monthfy charge of 1.0? of tshe additional costs
associated with the Added Facilities; and
WHEREAS, the Citsy Councif of the City of Vernon desires to
approve amended Citsy of Vernon Utilities Department Rules for Electric
service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of Ehe Citsy of Vernon finds
tshat this action is exempt from Cafifornia Environmental QualiEy Act
(CEOA) review because it is general policy and procedure mak.ing t.hat
wilL not result in direct or indirect physical changes in the
environment, and therefore does not constitute a ..projecc,, as defined
by CEQA Guidelines 515378.
SECTION 3: The City Council of the City of Vernon hereby
adoptss the amended Citsy of Vernon Utsilities Department Rules for
ElecEric Service, a copy of which is at.t.ached heret.o as Exhibit A.
SECTION 4: The City C1erk, or Deputy City Clerk, of the
Cit.y of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City C1erk, or Deputy City C]erk, of the City
of Vernon shal1 cause this resolution and Ehe City Clerk, s, or Deput.y
City Clerk's, certification to be entered in the File of Resolutions
of the Council- of this City.
APPROVED AND ADOPTED this 4th day of August, 2015.
Name:
Title:Ylayor / Mayor Pro-Tem
ATTEST :
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
2
STATE OF CAIIFORNTA )
) ss
COUNTY OF LOS ANGELES )
t,, City Clerk / Deputy City C1erk of the Cit.y
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regul-ar meeting of the City
Councif duly held on Tuesday, August 4, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of August, 2015, at Vernon, Cal-ifornia.
City Clerk / Oeputy City Clerk
(sEAr)
3
EXHIBIT A
CITY OF VERNON
UTILITIES DEPARTMENT
RULES FOR ELECTRIC SERVICE
Rule No. 2: DESCRIPTION OF SERVICE
A. General. The following general rules shall apply to all services;
1. The character of service available at any particular location should be ascertained by inquiry
at the City's office.
2. The Rate Schedules are applicable for service where the Customer purchases its entire
electrical requirements from the City, except where such schedules specific€lly provide
otherwise, and are not applicable where a part of the Customeds electrical requirements are
supplied from some other source.
3. The Rate Schedules are applicable for service provided from overhead distribution facilities
and underground distribution facilities in accordance with the provisions of Rules 15 and 16.
4. Altemating current service at a nominal frequency of 60 Hz will be supplied.
5. Voltages refened to in the Rate Schedules are Nominal Voltages.
B. Phase and Voltage Specifications. The following phases and voltages are supplied by the City:
1. Standard Nominal Voltaoes.
a. Standard NominalVoltages for distribution are as follows: 120n08, 1201240,240,
2771480, 4160,7200 or 16500 volts.
b. The standard Nominal Voltage for transmission is 66,000 volts. For the City's
Operating Necessity, the City may elect to supply a Customer from lines of
transmission voltage. In such case, the Customer may select as a standard
delivery voltage one of the following: 4160,7200, 16500 volts, or such other
voltage as the City may approve, provided that in no case shall a Customer be
required to advance to the City a greater amount of money to obtain service than it
would be required to advance under the City's Rules applicable to the particular
load, if that customer was served from the City's nearest Distribution Line ordinarily
employed.
c. Where the City maintains four-wire wye-connected polyphase secondary mains:
1201208 and 208 volts.
d. Where the City maintains four-wire delta-connected polyphase secondary mains:
120D40 and 240 volls.
2. Sinqle-ohase Service.
z- |
a. The general description ofsingle-phase service provided by the City is given in
Table 2-1 .
Table 2.'l
Voltage Minimum Load
Required
Maximum Load
Allowed
1201240 volts None 400 amp. Main
switch
b. The maximum size 120 volt single-phase motor allowed is t hp and the maximum
size 240 volt, or higher voltage, single-phase motor allowed is 10 hp.
c. Single-phase service may be supplied to installations having a proposed main
service switch in excess of the switch capacities specified above, in Table 2-1,
provided the approval of the City has been first obtained as to the number and size
of switches, circuits, and related facilities. 120240 volt installations will be supplied
by one of the following methods as determined by the City:
(1) From two or three separate 120/240 volt service connections at one
location. Energy so supplied will be totalized for billing purposes. The
connected load on any service connection shall not be greater than twice
that on any other service connection.
(2) From one 12Ol24O volt @nnection where the proposed main service switch
does not exceed 600 amperes capacity.
d. Where the City maintiains four-wire wyeronnected 120/208 volt secondary mains,
single-phase service is supplied at 120/208 volts, threewire, for which the
maximum allowed is a 1oo-ampele main switch. Loads in excess of a '1o0-ampere
main switch will be supplied at 120/208 volts, three.phase, four-wire
3. Three-ohase Service.
a. The general description of three-phase service provided by the City is given in Table
2-2.
Table 2.2
Voltage
Minimum
Connected Load
Required
Maximum
Demand
Allowed
Maximum Main
Switch Capacity
Allowed
1201208 1201240 votts 3 KVA 1000 kvA 4000 amos.
2771480 volts 25 KVA 3000 kvA 4000 amps.
4160 volts Consult City 12000 kvA 3000 amps
7200 volts Consult City 30000 kvA Not specifled
16500 volts Consult Citv 30000 kvA Not sDecified
b. Domestic Service. ln areas where the City does not maintain three-phase
secondary mains, only single-phase service will be supplied unless the Customeis
2-2
load includes
at least one motor rated in excess of 10 hp.
c. Where three-phase service is supplied from a four-wire wye-connected 1201208 volt
service, the maximum demand allowed is 1,000 kVA.
d. Servrce to all loads of 1,000 kVA maximum demand, or over, must be approved by
the City as to adequacy of facalities for service.
e. Loads on three.phase service must be balanced between phases in accordance
with good engineering practice.
f. Three-phase service may be supplied to installations having a proposed main
service switch in excess of the switch capacities specified above, in Table 2-2,
provided approval of the City has firt been obtained as to the number and size of
switches, circuits and related facilities. Such service will be supplied from two or
three separate service connections at one loc€tion. Energy so supplied will be
totalized for billing purposes. The loads will be balanced as closely as practicable
between the services.
4. Combined Sinole-phase Service and Three-ohase SeNice.
a. Service may be supplied at 120/208 volts four-wire wy+connected where the City
does not maintain four-wire secondary polyphase mains provided: (1) written
application is made for such service by the Customer; (2) the Custome/s load is of
such a size as to require an individual transformer installation of not less than 15
kVA of transformer capacity; and (3) the Customer provides space acceptable to
the City on its Premises to accommodate the installation of the City's facilities when,
in the opinion of the City, such space is considered necessary.
b. ln underground areas where the City maintains 1201208 volt ot 24O volt three-phase
mains, service may be supplied at2771480 volls, four-wire provided: (1) written
application is made for such service by the Customer, and (2) the Customer
provides space acceptable to the City on its Premises to accommodate the
installation of the City's facilities when, in the opinion of the City, such space is
considered necessary.
c. Service may be supplied al120l24o volls four-vvire delta-connected where the City
does not maintain four-wire secondary polyphase mains provided: ('l) written
application is made for such service by the Customer; (2) the Customef s load is of
such a size as to require an individual transformer installation of not less than 15
kVA of transformer capacity: (3) the imbalance between phases is less than 100
kW; and (4) the Customer provides space acceptable to the City on its Premises to
accommodate the installation of the City facilities when, in the opinion of the City,
such space is considered necessary.
d. The maximum demand allowances for combined single-phase and three-phase are
set forth in B.3. above.
c.
5. At the option of the City, the above voltage and phase specifications may be modified
because of service conditions at the location involved.
Motor Protection and Equipment. Custome,'s motor equipment must conform to the following
requirements:
1. Motors that cannot be safely subjected to full rated voltage on stiarting or that drive
machinery of such a nature that the machinery, itself, or the product it handles will not permit
the motor to resume normal speed upon the restoration of normal supply voltage shall be
equipped with devices that will disconnect them from the line upon failure of supply voltage
and that will prevent the automatic reconnection of the motors upon restorErtion of normal
supply voltage.
2. All motors of 'l hp or larger shall be equipped with thermal relays, fuses, or other automatic
overcurrent interrupting devices to disconnect completely such motors from the line as a
protection against damage due to overheating.
3. Three-phase motors driving elevators, hoists, tramways, cranes, conveyers, or other
equipment, which would create hazard to life in the event of uncontrolled reversal of motor
rotation, shall be provided with reverse-phase and open-phase protection to disconnect
completely the motors from the line in the event of phase reversal or loss of one phase.
Allowable Motor Sta.ting Currents. The staftng curent drawn from the City lines shall be
considered the nameplate locked rotor cunent or that guaranteed by the manufiacturer. At its option
the City may determine the starting cunent by test, using a stop ammeter with not more than 15%
overswing or an oscillograph, disregarding the value shown for the flrst 10 cycles subsequent to
energZing the motor.
1. lf the starting cunent for a single motor exceeds the value stated in Tables 2-3 and 2-4,
reduced voltage starting or other suitable means must be employed, at the Customefs
expense, to limit the cunent to the value specifed, except where specific exemptions are
provided in Sections D.2, 3 and 4.
Table 2.3
Current -Sinqle -Phase Motors
Rated Size Allowable Locked Rotor Currents
120 volts 240 Volts
t hp & Iess 50 amoeres 36 amDeres
1%ho nla 48 amoeres
2ho nla 60 amperes
3ho nla 80 amperes
5hp nla 120 amoeres
7 %ho nla 170 amperes
7 y, ho nla '170 amoeres
D.
fabb 24
C u rrent-Three-Phase Motors
Rated Size
Allowable Locked Rotor Currents
240 Volts 480 Volts 2400 Volts
3hD 64 amperes 32 amperes nla
5hp 92 amperes 46 amperes nla
7 %ho 127 amoeres 63 amoeres nla
10 hD 162 amperes 81 amperes nla
15 hp 232 amoeres 'l 16 amDeres nla
20 hp 290 amoeres 145 amoeres nla
25 hp 365 amperes 183 amperes nla
30 hp 435 amDeres 2'18 amoeres nla
40 hp 580 amoeres 290 amoeres nla
50 hp 725 amperes 363 amperes 70 amoeres
60 hp nla 435 amDeres 87 amoeres
75 hD nla 535 amoeres 107 amperes
100 hp-nla 725 amperes 142 amoeres
'Over 100 hp - the City should be consulted for allowable locked rotor cunents.
Where service conditions permit, subject to City approval, reduced-voltage starters may be
omitted in the original installation until such time as the City may order the installation of a
reduced-voltage starter to be made, and, similarly, the City may at any time require starting
current values lower than set forth herein where conditions at any point on its system require
such reduction to avoid interference with service.
A reduced-voltage starter may be omitted on any motor of a group installation provided that
its starting cunent does not exceed the allowable starting cunent of the largest motor of the
group.
A reduced-voltage starter may be omitted on any motor in a group installation provided that
its starting curent does not exceed three times the maximum demand in amperes of the
entire installation.
E.lnterference With Service.
2
3.
4
2
1 Customers who operate equipment which causes detrimental voitage fluctuations (such as,
but not limited to, hoists, welders, radio transmitters, X-ray apparatus, elevator motors,
compressors, and fumaces) must reasonably limit such fluctuatrons upon request by the
City. The Customer will be required to pay for whatever corrective measures are necessary.
Prior to the installation of any new arc furnace or design modiflcation of an existing furnace,
the Customer shall provide basic design information for the installation to aid the City in
determining a method of service and the allowable level of load fluctuations.
Any Customer who superimposes a cunent of any frequency upon any part of his electrical
system, other than the cunent supplied by the City, shall, at his expense, prevent the
(J.
H.
F.
Resolution No 4334 Efiec,iNe 05D0n5
Resolution No 1030 Effective 06/15/95
transmission ofsuch cunent beyond the Custome/s electrical system.
Power Factor. The City may require the Customer to provide, at its own expense, equipment to
increase the operating power factor of each complete unit of neon, fluorescent, or other gaseous
tube lighting equipment to not less than 90%, lagging or leading.
Wave Fom. The City may require that the wave form of cunent drawn by equipment of any kind be
in conformity with good engineering practice.
Added Facilities.
1. Where a Customer requests and the City agrees to installAdded Facilities, the costs thereof
shall be bome by the Customer. Such costs shall include continuing costs as may be
applicable. Unless otherwise provided by the City Rate Schedules, these Added Facilities
will be installed, owned and maintained or allocated by the City solely as an accommodation
to the Customer.
2. Added Facilities will be installed under the terms and conditions of a contract in the form on
file with the City of Vemon. Such contract will include, but is not limited to, the following
terms and conditions:
a. Where new facilities are to be installed for Custome/s use as Added Facilities, the
Customer shall advance to the City the additional installed cost of the Added
Facilities over the cost of standard facilities. At the City's option, the City may
finance the new facilities.
b Customers being served by the Customer-financed Added Facilities shall pay a
monthly charge of O.9%O33% of the amount advanced.
c. Customers being served by City-financed Added Facilities shall pay a monthly
charce o'f 7Je!L1.0% of the additional cost associated with the Added Facilities.
d Where existing facilities are allocated for the Customefs use as Added Facilities,
the Customer shall pay a monthly charge for the Added Facilities of #"118% of
the estimated installed cost of that portion of the existing facilities which are
allocated to the customer.
e Where the City determines the collection of continuing monthly charges is not
practicable, the Customer will be required to make an equivalent one-time payment
in lieu of the monthly charges.
f. All monthly charges shall be reviewed and refiled with the City Council when
changes occur in the City's costs for providing such service.
2-6
RECtr-IVED
JUL 2I 2015
CITY CLLRKS OFFICE
DATE:
TO:
FROM:
RE:
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
August 4, 2015
Honorable Mayor and City Council
Carlos Fandino Jr., Director of Vernon Gas & Electric
Originator: Ali Nour, Utilities Engineering Manager
(
a.'o'
Request for Approval and Authorization of an Added Facilities Agreement
(City Financed) By and Between the City of Vernon and Grand Packaging,
Inc.
Recommendation
A. Find that the approval of an Added Facilities Agreement with Command Packaging is
categorically exempt from the Califomia Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines $ I 5301(b), because this approval will merely lead to the possible
construction of additional laterals and related meters to deliver electric service, and such
construction is, at most, a negligible expansion of the existing facilities of the City's
electric utility; and
B. Approve the resolution to thereby permit the execution of an Added Facilities Agreement
by and between the City of Vemon and Grand Packaging Inc. pursuant to Rule No. 2.H
which provides long-term benefits for the Customer and the Department.
Background
The City of Vemon Rules for Electric Service "Description of Service" Rule No. 2, has a
provision identified as section H, Added Facilities. Where a customer requests and the City
agrees to install Added Facilities, the costs thereof shall be borne by the customer. Such costs
shall include continuing costs as may be applicable. Unless otherwise provided by the City Rate
Schedules, these Added Facilities will be installed, owned and maintained or allocated by the
City solely as an accommodation to the Customer. Added Facilities are defined in City's Rule
2.H as those which are in addition to, or in substitution for the standard Facilities City would
normally install to serve Customer. A Customer has options to either request Customer-financed
Added Facilities or City-financed Added Facilities.
F
Departnient
Page 1 of2
RECElVED
JUL 2 7 20t5
CITY ADMINISTRATIO
Customers being served by the Customer-financed Added Facilities shall pay a monthly charge
of 0.33%;o of the amount advanced. Customers being served by City-financed Added Facilities
shall pay a monthly charge of 1.0% of the additional cost associated with the Added Facilities.
The monthly charges include maintenance and replacement of the facilities allocated for the
customer's use.
Grand Packaging, lnc. is installing a new electric service to expand its operations in Vemon.
The Customer has asked the City to install additional facilities to accommodate metering the new
service along with one other existing service at one point of delivery. The estimated total cost of
the said Added Facilities and the existing Added Facilities is set in Exhibit "B" of the attached
Agreement.
With the use of primary metering the services, the customer receives a 40% discount on its
monthly electric bill; however, the primary meter will register to an additional estimated 2%o
transformer loss which it would not have if served using standard facilities, resulting in a net 2o/o
discount on the customer's monthly invoice. In addition, the Customer pays $1,720 per month
for the added facilities charges in peryetuity. The net result is approximately 17o discount on
Customer's monthly bill compared to standard services.
Fiscal Impact
The fiscal impact to City's gross revenue by serving the Customer via primary metering as
opposed to standard services is estimated at 525,200.
Attachment(s)
None.
Page 2 of 2
RESOI,UTION NO.
A RESOLUTfON OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORfZfNG THE EXECTITION OF
AN ADDED FACILfTTES AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND GRAND PACKAGING INC.
WHEREAS, Grand Packaglng, rnc. ("Grand Packaging" ) operates a
manufacturing pl-ant in the Citsy of Vernon that. manufactures and
distributses carry bags for retailers, the food-service indusEry, and
resEaurancs in the United SEates; and
WHEREAS, crand Packaging currentl-y receives electric service
through several points of delivery and has requested to add one
additional electric servj-ce consofidating the monthly usages of the new
service with another main service into a single point of delivery
metered at 16KV (the "Added Facilities"); and
WHEREAS, by memorandum dated AugusE 4, 2015, the Director of
Gas & Electric has recommended that the City enter into an agreement
with Grand Packaging setting forth Ehe terms and conditions under which
the City wif l- design, engineer, procure, construct, instafl, own,
operatse and maintain t.he Added Facilities, subject to the appropriate
costs being paid by Grand Packaging; and
WHEREAS, tshe City Council of Ehe City of Vernon desires to
approve t.he Added Facilit.ies Agreement with Grand Packaging.
NOW, THEREFORE, BE TT RESOLVED BY THE CTTY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTIoN 1: The City Councif of Ehe City of Vernon hereby
finds and deEermines that the above recitafs are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Qual-ity
Act (CEQA), in accordance with Section l-5301(b) , because this approval
wil-I merely l-ead uo the possible construction of additional laterals
and relatsed meters to defiver electric service, and such construct.ion
is, at mosL, a negligible expansion of the existing facilities of the
City' s elect.ric uti 1ity.
SECTIoN 3: The City Council of the City of vernon hereby
with Grand Packaging, Inc., in
which is aEEached hereto as
approves the Added Facilities AgreemenE
subsEantial-ly the same form as the copy
ExhibiE A.
SECTION 4:The City Council of the Citsy of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City C1erk, or Deputy City
Clerk, is hereby authorized tso attest thereto.
SECTIoN 5: The City Council of t.he City of vernon hereby
instsructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out tshe purposes of this Resolution and the
uransactions herein approved or authorized, including but not limited
to, any non- su-bstantsive changes to the Agreement attached herein.
SECTIoN 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the Deputy City C1erk, to send a fuIIy
executsed Agreements to Grand Packaging.
2
SECTIoN 7: The City Cferk, or Deputy City Clerk, of the
City of Vernon shalf certify to the passage, approvaf and adoption of
t.his resolution, and the City cferk, or Deputy City C1erk, of the City
of vernon shaII cause this resol-ution and the City Clerk's, or Deputy
CiEy Clerk's, certification to be entered in the Fife of Resofutions of
the Councif of this City.
APPROVED AND ADOPTED this 4th day of August, 2015.
Name:
Titfe: Nlayor / Mayor Pro-Tem
ATTEST :
City Clerk / Deputsy Cit.y Clerk
ity Attorney
3
APPROVED AS TO FORM:
STATE OF CAIIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I,, City Clerk / Deputy City Clerk of the City
of vernon, do hereby cerEify tshat tshe foregoing ResoluEion, being
Resolution No. _, was duly passed, approved and adopted by the
Citsy Council of the City of vernon at a regular meeting of the City
Council duly held on Tuesday, August 4, 20f5, and tshereafter was dul-y
signed by the Mayor or Mayor Pro-Tem of the Citsy of Vernon.
Executed this day of August, 2015, at Vernon, California.
CiEy Clerk / Deputy City Clerk
(SEAI,)
4
EXIIIBIT A
1.
THE CITY OF VERNON
ADDED FACILITIES AGREEMENT (CITY FINANCED)
PARTIES: The Parties to this Added Facilities Agreement ("Agreement") are Grand
Packaging, Inc., a Califomia corporation ("Customer") and the City of Vemon, a Califomia
municipal corporation ("City"), hereinafter refened to individually as "Party" and
collectively as "Parties."
RECITALS:
Customer's property is located at 3840 E. 261s Street, Vemon, Califomia (the "Property").
Customer manufactures and distributes carry bags for retailers, the food-service industry,
and restaurants in the United States.
Customq currently receives electric services through several points of delivery and has
requested to add one additional electric service. Customer wishes to consolidate the
monthly usages of the new service with aaother main service into a single point ofdelivery
metered at 16KV. Both services will be served from the same primary 16KV wireline
entering the westem portion ofthe Property.
Parties agree that City shall provide the design, engineering, procurement, construction,
installation, ownership, and maintenance of the electric facilities described in Exhibit A,
and hereinafter referred to as "Added Facilities," the cost of which shall be bome by the
Customer and which will be located at the service address as shown in Exhibit A. Added
Facilities consist of two 2,500 KVA, 16KV pad-mounted transformers, primary metering
equipment, poles, wires, cables and material for the benefit of the Customer in the location
and on the terms and conditions set forth in this Agreement.
AGREEMENT: Parties agree to the terms and conditions set forth herein, including
Exhibits A through C, referenced in Section 2.1, attached hereto and incorporated herein.
EFFECTIVE DATE AND TERM:
This Agreement shall be effective and binding upon execution by the Parties and upon
approval by the City Council of the City of Vemon. Subject to Customer's fulfillment of
the conditions precedent set forth in section 19 below, City will use its best efforts to have
the Added Facilities installed and operational such that electric service under the
Agreement may begin by August 17, 2015.
This Agreement shall continue in effect until Customer gives notice of termination of
service in accordance with Vemon's Rules for Electric Service (as amended, the "Electric
Service Rules"), or this Agreement is terminated by City due to an Event of Default by
Customer; provided, however, that if this Agreement is terminated, all unpaid Added
Facilities Monthly Charges due through the date of termination, and the Termination Fee,
as described in Appendix 1 of Exhibit B, must be paid in full prior to the effective date of
termination of this Agreement. No election to terminate this Agreement shall be effective
2.1
2.2
2.3
).
4.
4.1
4.2
5.t
5.
6.
unless and until such costs, including the Termination Fee, as described in Exhibit B, are
paid in full.
DEFINITIONS: The following terms, when used herein with initial capitalization, whether
in the singular or the plural, shall have the following meanings:
Added Facilities: The facilities to be constructed as specified in Exhibit A attached hereto
and incorporated herein by reference, which are being allocated for the Customer's use and
benefit as Added Facilities as well as replacements or betterments associated therewith.
Added Facilities Installation Cost: All costs associated with the design, engineering,
procurement, construction and installation of the Added Facilities.
Added Facilities Monthly Rate: The Added Facilities Monthly Rate pusuant to Exhibit B.
Asreement and Amendments: This Agreement, including all attachments and exhibits
hereto, as may be amended from time to time. Modif,rcations and amendments to this
Agreement shall be valid and enforceable only if in writing and sigrred by the Parties. In
the event the final cost of the Added Facilities exceeds or is below the estimated value
outlined in Exhibit B, the Added Facilities Installation Cost will reflect such a change in
capital cost; unless such cost exceeds 20%o of the estimate, in which case the Added
Facilities Installation Cost may only ircrease by 20oh.
Added Facilities Monthlv Charge: The charge to Customer for Added Facilities that is
payable monthly to City as outlined in Exhibit B. The Added Facilities Monthly Charge
recovers the Added Facilities Installation Cost, replacement cost, and operations and
maintenance cost.
Services: The design, engineering, procurement, construction, installation, ownership,
operation and maintenance of the Added Facilities.
ADDED FACILITIES:
City shall design, engineer, procure, construct, install, own, operate, and maintain the
Added Facilities. Subject to Customer's fulfillment of the conditions precedent set forth
in section 19 below, City will use its best efforts to install the Added Facilities so that they
are fully operational by August 1'7,2015, at which time, the charges outlined in Exhibit B
will commence. Added Facilities shall at all times remain the property of City.
City shall cornmence performance ofthe design and construction of the Added Facilities
upon full execution of this Agreement and Customer's fulfillment of all conditions
precedent set forth in section 19 below. Vernon shall complete the installation ofthe Added
Facilities per Project Schedule, Exhibit C, after the effective date of this Agreement.
However, City shall not be liable for any cost or damage incurred by Customer because of
any delay in the completion ofthe installation ofany Added Facilities. Should the Added
Facilities not be completed by August 17,2015, the charges outlined in Exhibit B shall be
abated until such time as the Added Facilities are installed and operational.
5.2
5.3
5.4
5.5
5.6
6.1
6.2
2
6.3 City shall construct and maintain the Added Facilities diligently and pursuant to all
applicable federal, state and local safety codes, regulations, and laws, including but not
limited to the requirements of Califomia's General Orders No. 95, 128 and 165.
Additionally, and included in the Added Facilities Installation Cost outlined in Exhibit B,
Customer shall have the exclusive right ofuse ofthe Added Facilities; provided, however,
that if City, at its sole cost and expense, makes any improvements or additions to the Added
Facilities beyond the scope of the Customer's plans and specifications as described in
Exhibit A, then Customer's use of the Added Facilities shall be non-exclusive; provided,
however, that City shall in all events be required to provide to the Customer the full use of
the Added Facilities as originally constructed pursuant to the Customer's plans and
specifications. Such improvements shall be reasonably coordinated with Customer prior
to any such improvements made in order to avoid intem.rption of Customer's operations.
CIIARGES:
Customer shall pay to City the charges outlined in Exhibit B as payment for all costs
incuned by City for designing, engineering, procuring, constructing, installing, owning,
operating, and maintaining the Added Facilities.
If at any time Customer requests upgrades to the Added Facilities for Customer's
convenience, City shall determine if such upgrades are feasible. If such upgrades are made
at Customer's request for Customer's convenience and benefit, the costs shall be paid by
Customer at the times and on the basis as agteed to by the Parties at the time.
MODIFICATIONS OR REPLACEMENT OF ADDED FACILITIES: Whenever Added
Facilities are repaired or replaced due to damage or equipment failure, the work shall be
completed at City's sole expense in accordance with good utility practice, unless the
damage or equipment failure is caused by or due to action or inaction by the Customer, in
which case the Customer shall be solely responsible for the entire cost of repair or
replacement. Where an upgrade ofAdded Facilities is required for City's convenience or
necessity, no increase shall be made in the investment amount for Added Facilities or the
Added Facilities lnstallation Cost. City shall be responsible for all routine maintenance
and repairs required to maintain the Added Facilities in good operating condition and shall
make those capital expenditures (including capital repairs and replacements, as necessary)
required to maintain the Added Facilities.
RIGHT-OF-WAY: Customer hereby grants to City the right of ingress to and egress from
Customer's Property as determined by City in its sole discretion for any purpose connected
with the construction, operation, and maintenance of the Added Facilities. Customer
agrees to provide right-of-way or easements of sufficient space to provide legal clearance
from all structures now or hereafter erected on Customer's Property for any facilities of
City. Customer will promptly execute a recordable document evidencing the above
described right of ingress and egress and right-of-way or easement, with the recordation
costs to be bome by City.
BILLING AND PAYMENT:
7.
7.1
8.
9.
10.
J
10.1 City shall prepare and deliver monthly bills to Customer for the Added Facilities Monthly
Charge.
10.2 The Customer shall pay City the charges outlined in Exhibit B concurrently with its electric
service bills. Late charges will be applied pursuant to the City's Electric Service Rules.
NOTICES: Except as otherwise provided in this Ageement, any notice, demand, or request
provided for in this Agreement, or served, given, or made in connection with the Agreement, shall
be in writing and shall be deemed properly served, given, or made ifdelivered in pemon, or sent
by United States Mail, postage prepaid, or sent by reputable ovemight delivery service, to the
address specified below:
Company:Grand Packaging, Inc.
3840 E. 26rH Street
Attn: Albert Halimi
Telephone- 323 -446-3302
Email: ahalimi@commandpackaging.com
City of Vemon
Vemon Gas & Electric Department
Attn: Carlos Fandino, Director
4305 Santa Fe Avenue
Vemon, CA 90058
Vemon City Attomey's Offrce
Attn: Hema Patel, City Attomey
4305 Santa Fe Avenue
Vemon, CA 90058
Vernon:
Copy to:
Either Party may at any time, by notice to the other Party, change the desigration or address ofthe
person so specified as the one to receive notices pursuant to this Agreement. Notices are deemed
given and received on the date ofdelivery or aftempted delivery, ifdelivery is not accepted.
1 1. FORCE MAJEURE: Neither Party shall be considered to be in default in the performance
of any of its obligations under this Agreement (other than obligations to make payments
purswmt to this Agreement) when failure of performance shall be due to uncontrollable
forces. The term "unconEollable forces" means any cause beyond the control of the Party
failing to perform, including, but not restricted to, failure of facilities, flood, earthquake,
storm, lightning, fue, epidemic, war, riot, terrorism, civil disturbance or disobedience,
labor dispute, labor or material shortage, sabotage, restraint by court order or public
authority, and action or non-action by, or inability to obtain the necessary authorizations
or approvals from, any govemmental agency or authority which by exercise of due
diligence such Party could not reasonably have been expected to avoid and which by
exercise ofdue diligence it has not overcome. Either Party rendered r.rnable to fulfill any
of its obligations under this Agreement by reason of an uncontrollable force shall give
prompt written notice of such fact to the other Party and shall exercise due diligence to
4
remove such liability. Nothing contained herein shall be construed to require a Party to
settle any strike or labor dispute in which it may be involved.
12. INDEMNIFICATION AND LIMITATIONS ON LIABILITY:
12.1 Except to the extent of Vemon Gas & Electric's gross negligence or willful misconduct,
Customer agrees to indemnifu, defend, and hold harmless City of and from any and all
claims, causes of action, damages and judgments arising out ofany act or omission of City,
and its respective officers, directors, employees and agents that may have caused injury or
damage to any person, or to the equipment, fixtures, goods, products, or other property of
the Customer, the Customer's employees, contractors, invitees, customers, or any other
person in or about the Property, regardless ofcause or whether or not such injury or damage
results from conditions arising from Services provided by City hereunder or the
installation, operation or maintenance of the Added Facilities or any failure of the Added
Facilities to deliver electrical power or any defect in the Added Facilities, or explosion,
fire, or steam released from the Added Facilities.
12.2 Notwithstanding either Party's negligence or breach of this Agreement, under no
circumstances shall either Party be liable to the other Party for indirect, special, or
consequential loss, damage, claim, cost, charge, or expense including, but not limited to,
loss ofbusiness or any loss of income or profit therefrom, loss ofuse ofa Party's facilities,
loss of revenue, cost of replacement power or water, and claims of any third party,
including any customer of the other Party.
13. ENTIRE AGREEMENT: This Agreement, including Exhibits A-C, constitutes the
complete and final expression of the agreement between the Parties and is intended as a
complete and exclusive statement of the terms of their agreement which supersedes all
prior and contemporaneous offers, promises, representations, negotiations, discussions,
communications, and other agteements which may have been made in connection with
the subject matter of this Agreement.
14. RELATIONSHIP OF PARTIES: The covenants, obligations, and liabilities of the Parties
are intended to be several and not joint or collective, and nothing contained in this
Agreement shall ever be construed to create an association, joint venture, trust or
partnership, or to impose a trust or partnership covenant, obligation, or liability on or with
regard to either Party. Each Party shall be individually responsible for its own covenants,
obligations, and liabilities as provided in this Agreement. Neither Party shall be under the
control of the other Party. Neither Party shall be the agent of or have a right or power to
bind the other Party without such other Party's express written consent.
15. NO THIRD-PARTY RIGHTS: The parties do not intend to create rights in, or to grant
remedies to, any third Party as a beneficiary either of this Agreement or of any duty,
covenant, obligation, or undertaking established herein.
16. ARBITRATION: The Parties agree that any and all disputes arising out of or in relation
to this Agreement, including without limitation any action in tort, shall be resolved
exclusively, frnally and conclusively by arbitration in Los Angeles County, Califomia
5
under the auspices of and pursuant to the rules of the Judicial Arbitration & Mediation
Services, Inc. (JAMS). Each Party will select an arbitrator. Those two arbitrators will then
select a third. The three member panel will make the final decision. All decisions ofthe
arbitrators shall be in writing, and the arbitrators shall provide written reasons for their
decision. The arbitration decision shall be final, unappealable and binding on the parties.
Notwithstanding the foregoing, the Parties shall be permitted to access the court system to
enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and
venue for any such action shall be the Superior Court of Califomia, Los Angeles County.
17. ATTORNEYS' FEES: If either Party institutes an action or legal proceeding arising out
ofor related to this Agreement or the relationship of the Parties or their rights or duties in
connection with the matters set forth in this Agreement, whether sounding in to(, contract,
or otherwise, the prevailing Party in such action or proceeding shall be entitled to recover
from the other party all costs and expenses, including all costs and reasonable attomeys'
fees, in addition to any other remedy awarded by the arbitration panel.
18. INSURANCE: The Customer shall, for the duration of this Agreement, obtain and
maintain at its own expense, premises liability coverage with a minimum combined single
limit of $1,000,000 per occrmence and provide City with proof of insurance providing and
maintaining the coverages and endorsements set forth herein. Said proof of insurance shall
also provide that said policy or policies shall not be canceled or materially reduced in
coverage without giving at least thirty (30) days prior written notice to the City. The
insurance coverage as listed herein, shall be properly endorsed to include those contractual
obligations which may be identified further within this Agreement and shall be endorsed
to provide City all the rights and privileges of an additional insured. Customer shall cause
its insurers to issue, including but not limited to, Certificates of Insurance or, upon request,
certified copies of the insurance policies evidencing that the coverages and policy
endorsements required under this Agreement, are maintained in force.
19. CONDITIONS PRECEDENT: City's obligations under this Agreement are subject to
the following conditions:
19.1 By its execution ofthis Agreement, Customer agrees to pay all costs incurred by City for
the design and construction of the Facilities according to the terms of this Agreement. If
Customer terminates this Agreement in writing during the design and construction
process, Customer shall be obligated to reimburse City for all costs incurred and
committed to date, including, without limitation, costs of design and construction and
demolition and removal, which costs shall include costs of employees of Vemon and
costs paid to or owed to third party vendors.
19.2 Prior to the date on which City provides electrical service, Customer shall have obtained
and paid for all necessary local and state licenses and permits for operation of its business
including Vemon building, electrical and mechanical permits, health permit, certificate of
occupancy, business license, etc.
19.3 City shall not provide electrical service under this Agreement until Customer has notified
City in writing of its date of commencilg operations, which shall not occur prior to the
6
date on which Customer has obtained all ofthe licenses and permits described in Section
19.2 above.
20. EVENTS OF DEFAULT: Any default described herein that is not cured by the
Customer within ten (10) days ofdelivery ofnotice of default shall constitute an "Event
of Default"; provided, however, that such default shall not constitute an Event of Default
if Customer commences to cure the default within such ten (10) day period and diligently
prosecutes the cure to completion. City shall have the right, at its option, to terminate
this Agreement and to demand payment as described herein upon the occurrence ofan
"Event of Default." Upon demand by City following an Event of Default, Customer shall
immediately pay all accrued and unpaid amounts of the Monthly Charges as of the date
of termination and the Termination Fee, as described in Appendix 1 to Exhibit B,
calculated as of the date of termination. Customer shall be given ten ( 10) days written
notice of any Event of Default with a request that Customer cure said default. The
termination of the obligations of City will not terminate the obligation of Customer until
Customer has repaid City for any costs incurred pursuant to this Agreement. Each of the
following shall constitute an Event of Default:
20.1 Customer relocates outside Vemon prior to the date on which the Added Facilities
Installation Cost has been paid in full.
20.2 Customer breaches or defaults under any term, condition, provision, representation, or
warranty in this Agreement, if that breach or default shall continue for ten (10) days after
notice of the breach or default to Customer from Vemon Gas & Electric.
20.3 Occurrence ofany ofthe following: (i) the making ofany general arrangement or
assignment for the benefit of creditors; (ii) becoming a "debtor" as defined in 1l U.S.C.
$ 101 or any successor statute thereto (unless, in the case ofan involuntary petition filed
against Customer, the same is dismissed within 60 days); (iii) the appointment of a
trustee or receiver to take possession of substantially all of Customer's assets located at
the Property, where possession is not restored to Customer within 30 days; or (iv) the
attachment, execution or otherjudicial seizure of substantially all of Customer's assets
located at the Property, where such seizure is not discharged within 30 days; provided,
however, in the event that any provision ofthis subparagraph is contrary to any
applicable law, such provision shall be ofno force or effect, and not affect the validity of
the remaining provisions.
21. ASSIGNMENT: This Agreement shall bind and inure to the benefit of the Parties and
their respective successors and assigns; provided however, that Customer shall not assign
this Agreement or any of its rights, duties, or obligations without the prior written consent
of Vemon Gas & Electric, which consent shall not be unreasonably withheld.
22. NO WAIVER: No delay or omission to exercise any right, power or remedy accruing to
a Party on any breach or default ofthe other Party under this Agreement shall impair any
such right, power, or remedy, nor shall it be construed to be a waiver ofany such breach
or default, or any acquiescence in such breach or default occurring later; nor shall any
waiver of any single breach or default be considered a waiver of any other prior or
23.
24.
subsequent breach or default. Any waiver, permit, consent, or approval of any kind by a
party ofany breach or default under this Agreement, or any waiver ofany provisions or
condition ofthis Agreement, must be in writing and shall be effective only to the extent
specifically set forth in that writing.
REMEDIES: All remedies, either under this Agreement or by law or otherwise afforded
to a Party, shall be cumulative and not altemative.
HEADINGS NOT BINDING: The use of headings in this Agreement is only for ease of
reference, shall have no legal effect and are not to be considered part or a term of this
Agreement.
SEVERABILITY: If any portion of this Agreement shall be held by a court of competenl
jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall
remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent
possible, the provisions of this Agreement (including, without limitation, each portion of
this Ageement containing aly provision held to be invalid, void, or otherwise
unenforceable that is not itselfinvalid, void, or enforceable) shall be construed so as to give
effect to the intent manifested by the provision held invalid, void, or unenforceable.
GOVERNING LAW: This Agreement shall be govemed by and construed and enforced
in accordance with the laws of the State of Califomi4 without regard to its conflict of laws
rules.
COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
In the event ofa conflict between this Agreement and any other rules or agreements issued
by the City of Vemon goveming the Added Facilities, this A$eement shall control.
25.
26.
2',7.
28.
8
29. SIGNATURE CLAUSE: The sigratories hereto represent that they have been
appropriately authorized to enter into this Agreement on behalfofthe Party for whom they
sign. This Agreement is hereby executed as of
CUSTOMER
By:
Name:
Title:
By:
Name:
Title:
THE CITY OF VERNON
W. Michael McCormick, Mayor
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian W. Byun, Deputy City Attomey
9
ATTEST:
EXHIBIT A
ADDED FACILITIES PLANS AND SPECIFICATIONS
Service Address:
3840 E. 26rH Street
Vernon, CA 90058
(1) Labor:
Equipment:
Material:
Total:
$s2,s6l
$6,272
$ I 13.167
$ 172,000
NEW POLE 35O9VP
City's 16kV Circuit
PRIMARY [4ETER
I ---z 2500KVA-_ ___l .", F: 16Kvv-----) 27? aaov
Facilities 3840 E.26rH Street, Vernon CA 90058
Total Added Facilities (1):I nvestment
a. New Facilities s127.000
b. Existing Facilities s45,000
c. Calculated Replacement Cost s68.800
d. Total cost ofAdded Facilities sr 72,000
10
I
I
aa-
I N----.-r 2500KVAt - -l t.F' loKV|
-
277aaov
EXISTING POLE 1867VP
EXHIBIT B
ADDED FACILITIES MONTHLY CHARGE
Customer shall pay a monthly added facilities charge at the rate set below. The rate is based
on a percentage of the Added Facilities Installation Cost.
l. Added Facilities Monthly Rate (1) 1.00'A
2. Added Facilities Installation Cost (2) $172,000
3. Added Facilities Monthly Charge $f ,720.00
(l) Pursuant to Rule 2.H
(2) Pursuant to Exhibit A to this Agreement
11
APPENDIX I TO EXHIBIT B
TERMINATION FEE
Ifthis Agreement is terminated by Customer for any reason, or by City due to an Event of
Default by Customer, prior to full repayment of the Added Facilities Installation Cost, Customer
shall pay City in full the Termination Fee calculated as set forth below:
Added Facilities Installation Cost to be recovered at the time of
termination:
o Added Facilities Installation Cost less 0.667% ofthe Added
Facilities Monthly Charges paid through the date of termination
. Plus: Cost ofUpgrades made at Customer's request for Customer's convenience (ifany).
. Plus: Demolition and Removal cost (if applicable).
. PIus: Other documented costs actually incurred by City (such as insurance, taxes,
cancellation fees, etc., if any),
t2
City Council Approval:
Construction Start Date:
Construction Completion date:
EXHIBIT C
PROJECT SCHEDULE
August 4, 2015
August 7,2015
August 17, 2015
13
D
REGEIVED
JUL 2I 2015
CIIY CLERt('S OFFICE
27
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
R.E:
August 4, 2015
Honorable Mayor and City Council
Recommendation
A. The City Council find that the approval ofa CARB Rebate Program is exempt under the
Califomia 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; and
B. Adopt a resolution approving, establishing and implementing a natural gas CARB Rebate
Program to customers connected to City's gas distribution system. The Program will be
funded through rate schedule, ''G-CARB" covering the cost of greenhouse gas emission
allowances associated with the "cap-and-trade" program initiated by the Califomia Air
Resources Board ("CARB"); and
C. Find that the Natural Gas Rebate Program as attached to the resolution be approved with
an effective date of September 1,2015.
Background
The Global Warming Solution Act of 2006, also known as Assembly Bill ("A8") 32, requires
that Califomia Greenhouse Gas ("GHG") emissions in 2020 be at the same levels as that of the
year 1990. Califomia Air Resource Board ("CARB") was authorized by the statute to develop
regulations to reach this goal. and the cap-and-trade program is one of several tools designed by
CARB to do so. Under the terms of the CARB cap-and-trade program, an overall limit on GHG
emissions from capped sectors is established and covered facilities subject to the cap are able to
trade permits or allowances to emit GHGs up to the capped amount.
w"l'(
Carlos Fandino Jr., Director of Vernon Gas & Electric Department
Originator: Ali Nour, Utilities Engineering Manager
Establishment of a Rebate Program for Retail Ratepayers Connected to
City's Gas Distribution System Pursuant to California Air Resources Board
C'CARB") Requirements to Develop and Implement Emissions Reduction
Measures
Page 1of 3
In 2012, CARB's cap-and-trade program compliance obligations only covered electric utilities.
Starting January 2015, the scope of the cap-and-trade program has expanded such that natural
gas suppliers, including the City's gas utility, are covered entities with a compliance obligation
based on retail gas sales and transportation. Similar to the City's electric utility, the gas utility
will receive free allowances from CARB annually at least until 2020.
On March 17,2015, the City Council approved Resolution No. 2015-12 approving, establishing
and implementing a natural gas surcharge to fund participation in the (CARB) cap-andtrade
allowance program, for gas distributed and supplied by the City within boundaries. CARB
requires that proceeds from auction sales of any of City's freely allocated allowances must be
used for the benefit of retail gas ratepayers and may not be volumetrically refunded. As such, it
is staffs recommendation to implement a rebate program that rewards energy efficiency
measures taken by connected natural gas customers is consistent with the goals ofAB 32.
The Rebate Prosram
The Natural Gas Rebate Program is intended to encourage eligible customers to reduce gas
consumption, and thereby reduce greenhouse gas emissions. This can be accomplished by
upgrading to high efficiency equipment, but also by an operational change that requires some
form of investment. The Program is open to any project or process change that can increase gas
consumption efficiency. The Program will be administered through the City's Natural Gas
Utility and the Utilities Customer Service Department.
The City shall allocate revenues to a natural gas rebate program derived from the CA
Greenhouse Gas Surcharge approved in Resolution 2015-12 date March 17, 2015. These
revenues are from the sale of "freely allocated greenhouse gas allowances," less the reasonable
cost to administer the program. Rebates shall be allocated in a fair and equitable manner, and
consistent with Assembly Bill 32 such that funds can be rebated to eligible customers that
verifiably reduce greenhouse gas emissions to the atmosphere.
Funding for this gas rebate program is exclusively from greenhouse gas allowances sold at each
of the Califomia Air Resource Board (CARB) cap-and-trade auctions. However, allowances
sold must be replaced to fulfill the City's allowance requirement. Accordingly. the cost of all
allowances purchased is covered by City's gas customers through the CA Greenhouse Gas
Surcharge on monthly natural gas billing statements effective Aprit l, 2015. The surcharge
account balance is growing each month to reach a total of approximately $340,000 after the first
12 months. Administrative costs are expected to be 15 percent or less, which will include staff
time to process applications and rebate evaluation, third-party technical verification when
needed, and marketing of the program.
The rebates cover energy efficiency measures including, but not limited to, pipe insulation, hot
water heater tank insulation, boiler replacements, steam traps or any special project that the
energy savings can be quantifiable, depending on funding availability, as fully described in the
attached Natural Gas Rebate Program description.
Page 2 of3
Fiscal Impact
The net fiscal impact of the cap and trade program to the City's gas utility, by design, will be
zero. Revenue during the first year is estimated to be approximately $600,000. Of that amount,
approximately half will be used to pay for purchased emission allowances, and half will be
reserved for funding the Natural Gas Rebate Program. Some funds will also be used to cover
administrative and overhead costs.
Attachment(s)
l. Resolution No.2015-12 and Supporting Documentation (for reference)
Page 3 of3
RESOr_,IIIION NO. 2015-12
A RESOLUTION OF THE CITY COT'NCIL OF THE CITY OF
VERNON TO APPROVB, ESTABLTSH AND IMPLEMENT A
NATT'RAL GAS ST]RCI{ARGE TO FUND PARTICIPATION IN THE
CAI.,IFORNTA AIR RESOURCBS BOARD ('CARB") CAP-AND-
TRADE AIIJOWAI{ICE PROGRJM, FOR GAS DTSTRIBIEM ADID
SUPPLIED BY THE CITT WITHTN ITS BOI'IIDARIES
WI{EREAS, in connecE.ion h'itsh the operation of Ehe Vernon
naEural gas Eystem, the City owns, operates and maintaj.ns a gas
distrlbut.ion system, ichich includeE not only maine and. appurtenances
but also meters, laterals and other cotrnection infraatructure; aid.
WHEREAS, the California Air ResourceE Board (trCARB") has been
authorized by California A.gsembly BiIl 32 (.AB 32") to develop
regulations, including the Cap-and-Trade program to red.uce California,s
greenhouse gas ('cHG,) emissions to 1990 levels by ZO2O; and , and
WIIEREAS, under the lermE of Ehe CARB cap-a-nd- E,rade program,
aI overall limit on cHG emissions from capped sectors of the Etate,s
economy was estalclished and covered facilities subj ect to the cap are
able to trade permits, or allowances, to emit, GHGs up to Ehe capped
amounE.; and
WHEREA.S, by memorandum dat,ed March 17, 2015, the Director of
Gas & ElecE,ric has recommended Ehat the CiEy Council approve, establish
and impl-ement a ner,, naEural gas rat,e schedure. surcharge for Greenhouse
Gas Emissions ("G-CARB"), " that will collect funds needed to cover the
cost of greenhouse gae emission allowances aEsociaEed vriEh the scap-
and-trade" program created by CARB; and
WHEREAS, E,he Cicy Colrnci l_ of the City of vernon desires to
approve, eEtablish and implement the neh' natural gas rate schedule,
surcharge for GreeEhouse Gas Emisaions (.G-CARB"), effective April 1,
2015, and
WHEREAE, the City Council of the City of Vertron held a
public hearing on March L7, 20:-5, to consider evidence to establish
and implement a neu natural gas raEe schedule that wlll take ef.f,ect on
April 1, 2015 to collect funda needed Eo cover the cost of greenhouse
gas emission allowancee associated with the .cap-and-lrade" progiram
created by CARB; and
WHEREAS, the CiEy Council of the City of Vernon has heard and
considered all evidence, both wriEEen and oraI, preEented in
consideration of the proposed rate rchedule.
NOW. TI{EREFORE, BE IT RESOLVED BY TIIE CTTY COI]NCIIJ OF T}IE
CTTY OF VERNON AS FOLLOWS:
SECTION Lr The City Council of the CiEy of Vernon hereby
finds and deEermi.nes that E,he alcove recitals are Erue and correct.
SECTION 2: The City Council of the CiEy of Vernon finds
that E.his action is exenrpt under E.he California Environmentsal Quality
Act, (CEQA), in accordaDce witsh Section 15051 (b) (3), the general rule
Ehat CEQA only applies to projects that nay have an effecE on the
environment.
SECTION 3: BffecEive April 1, 201.5, the Citsy Council of the
City of vernon hereby approves the Surcharge for creenhouse Gas
Bmissions ("G-CARB") natural gas rate schedule, a copy of which is
attached hereto as Exhibit A.
SECTION 4;The City Clerk, or Deputy CiEy C1erk, of Ehe
city of vernon shal1 certify tso the passage, approval and adoption of
this resoluEion, and the City Clerk, or Deputy City C1erk, of Ehe ciEy
of vernon shal} cause Ehis resoluEion and the city clerk's, or Deputy
ciEy clerk's, cerlif,icalion Eo be enEered in the File of Resolutions
of the Council of Ehis cicy.
APPROVED AAID ADOPTED Ehis 17rh day of March, 20L5.
Name:W. Michael McCormick
Title: Mayor / rrFrr:#fe+e-,
E. tYala
/.€e[,rEI-elwf€r#,
APPROVED AS TO EORM:
ATTEST:
,G.
ala
oussa, Deputy
-3-
STATE OF CAIIFORNIA
COIII{TY OF LOS AIiIGELES
r, Maria E. AYala
))ss
)
, City Clerk /+cputl*-gi.tsyjJer*+_pf the City
of vernon, do hereby cerEify that Ehe foregolng Reaolution, b€ing
ResoluEion No. 20L5-L2, was duly passed, approved and adopE,ed by the
eity Council of the ClEy of Vernon ag a regular meeEing of the City
Council duty held on Tuesday, March 17, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
D(ecuted *ia l2 day of Marclr, 2O!5, aE Vernon, california.
cltsy CLerk / D.i)utf.-lif+-€f€rk-<-
(SEAL)
Uatia E. Ayala
4
EXHIBIT A
CITYOX'VERNON
NATI,'RAL GAS DEPARTMENT
Schedule GCARB
SURCIIARGE FOR GREENIIOUSE GAS EIT{ISSIONS
PURPOSE
This surcharge is to cover costs associated with the cap-and-trade program implementod by the
Califomia Air Resources Board (CARB) for natural gas utilities in Califomia beginning in the
ycar 2015. This program is a rezult of Assembly Bill 32, "The California Global Warming
Solutions Act of 2006." The purpose of the statewide capaud-trade program is to reduce
greenhouse gas emissions.
APPLICABILITY
This schedule applies to all City ofVernon gas utility customers! exc€pt any customer with
greenhouse gas emissions large enough to require them to participate independently in the
CARB cap-and-uade progam.
DETERMINATION OF SURCtrIARGE
The surcharge shall be determined based on the formula shown below.
CA Creenhouse Gas Surcharge
Cost ofCreenhouse Cas Ernbsion Alhvances Purchased
Total Therms Transported
The Cost ofGreenhouse Gas Emission Allowances Purchased will vary during each year. A
representative average cost may be used for the purpose of setting the surcharge.
Total Therms Transported are Themrs transported to Vemon customers that are either
purchased commodity service or uansportation-only service. Total Therms Transported shall
not include Therms delivered to Vemon customers participating independently in the CARB
cafand-trade program.
Cap-afld-trade aueion proceeds and limited use holding account emission allowance value
shall be used for the benefit ofretail ratepayers consistenr with rhe goals of Assembly Bill
32. Accordingly, the volurnetric surcharge shall not be rcduced by the value of auction
proceeds or by the value of limited use holding account emission allowances.
Page I of2
City of Vernon Councit Resolution 2015-XX efective April l, 2015
A Surcharge Fund Balancing Account shall be esablished to track all revenue and
expeudihrres associated the Vernon's parlicipation in the cap-and-trade program. The
Surcharge Fund Balance Accormt may be positive or negative. True up of the Fund Balance
shall be achieved by adjusting the surcharge slightly from time to time, and shall be done in a
maoner that avoids spikes in the surcharge.
Page 2 ofz
City of VemoD Council Resolution 201s-XX effeative April t,2015
CITY CI,ERK' S OFFTCE
II{TEROFEICE }GI@RAT{DUM
DATE: March 19,2015
TO: Carlos Fandino, Direcor of Gas & Electric
William Fox, Finance Director/City Treasurer
FROM: Deborah Juarez, Rerords Matragement Assistant
RE: Resolution No. 2015-12 - A Resoh.rtion of the City Council of the City of Vemon to
Approve, Establish and Implernent a Nanral Gas Surcharge to Fund Participation in the
Califomia Air Resources Board ('CARB') Cap-And-Trade Allowance Program, for Gas
Distsibuted and Supplied by the City within its Boundaries
Transmitted her€with is a copy of Resolution No. 2015-12 referenced above, which was approved by City
Couocil on March 17,2015.
Thank you.
Attachment
c: Anthony Serrano
ResolutionNo.20l5-12
STAFF'REPORT
DATE:
TO:
FROM:
RE:
RECEIVED
},lAR t 0 2015
CITY ADMINISTRATIONSTAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
March 17, 2015
Honorable Mayor and City Courcil
Cerlos R. Fandino, Jr., Direcaor of Ve
Establishment of Natural Gas Surcha
Crlifornia Air Resources Board ("CARB") Capand-Trade Allowance
Prograrn, for Gas distributed and supplied by the City within its boundaries
Recommendation
It is recommended that:
l. The City Council find that the qproval requested in this staff repon is exempt under tbe
Califomia Envimnmental Quality Act (CEQA) in accordance with Section 15061(bX3),
the general rule tlrat CEQA only applies to projecls that may have an effect on tIrc
orvironment; and
2. The City Council conduct a public hearing and adopt a resolution approving, establishing
and implementing a trew natural gas rate schedule, "G-CARB," that will collect fi.mds
needed to cover the cost of greenhouse gas emission allowances associated with the "cap
and-trade" prograrn created by the California Air Resources Board ("CARB"); and
3. The City Council find that tbe cost adjustment tariff as attached to the resolution be
approved with an effective date of April I,2015.
Backeround
The Global Warming Solution Act of 2006, also known as Assembly Bill ('AB') 32, requires
that Califomia Creenhouse Gas ('GHG') ernissions in 2020 be at the same levels as that of the
year 1990, or an estimated 15% reduction compaEd to what emissions might othenvise have
been in 2020. CARB was authorized to develop regulations to reach this goal, and the cap-and-
nade ptogram is one of several tools designed by CARB to do so. Under tle terms ofthe CARB
cap-and-trade program, an overall limit on GHG emissions from capped sectors of the state,s
economy was established and covered facilities subject to tlre cap are able to fiade permits, or
allowances, to emit GHGs up to the capped amount.
CARB's implementation of the cap-and-tade program started in November 2012. The prognm
was designed to phase in covered entitics' participation over three compliance periods. The first
period (calendar years 2013 and 2014) included electric dishibution companies. CARB has
freely allocated allowances to Vemon for its electric utility. Vernon utilizes the proceeds ftom
the sale of any allowances not used to meet its compliance obligation exclusively for the benefit
ofretail electric ratepayers, and consistent with the goals ofAB32.
The City's gas utility capand-trade compliance obligations are distinct from those made for the
electric uti.lity. For Vemon's electic system, the Council previously approved Resolution No.
201l-l E4, dated November 15, 201l, to implernent a surcharge for the electic system.
In 2015, as the second compliance period has begun, the scope of the cap-and-trade program has
expanded such that natural gas suppliers have become covered entities with a compliance
obligation based on retail gas sales and transportation, As was the case with the elecaic utility,
Vemon has been given fieely allocated allowances for the gas utility for the purpose of
mitigating the cost impact of capand-trade to retail crlstomers. The volume of allowances
provided by CARB that are available to be used directly to meet compliance obligations is not
enough to cover all of Vernon's gas utility GHG emissions for two reasons. The first reason is
progran design, and the second is because of load growth on the Vernon gas system over the
past three years.
Finally, proceeds from auction sales of any of Vemon's freely allocated allowances must be used
for the benefit of retail gas mtepayers, may not be volumetrically refunded, and must be
consistent with the goals of AB 32. This necessitates the implementation of an energy efficiency
program for natural gas, which will be addressed in a separate request ftom this one for a CARB
Surcharge.
Resoarces Needed
Implementation of this surcharge will require modification to Vemon's utility billing software
that must be done by Vernon's outside vendor. The cost for the modifications will not be
significant, and administration time of the surcharge, once in place, will be minimal.
C aslome r Communic alion
Because implementation of the surcharge will be significant to some larger cuslomers, the gas
department has srategically prioritized customers into three categories for proactive contact: 1)
Customers that will receive a visit from staff explaining the surcharge, 2) Customers that will
receive a phone call from staff explaining the surcharge, and 3) All customen will receive a
letter of explanation. Customers are being told about the surcharge, and alsq informed that an
incentive program will follow that will enable them to receive rebate money to help pay for gas
efficiency measures.
Rate Schedule G-CARB
VG&E's proposed Schedule G-CARB is attached as Exhibit A to the resolution. The rate
schedule shows a formula for the determination of lhe zurcharge. Administratively, the intent is
that ihe surcharge would be adjusted annually, but it can also be adjusred more often if needed to
keep ttre account from ge$ing too far out of balance. The overall design of the cap-and-tade
program will caus€ the surchalge !o increase over the next several years. It is requested that this
new rate schedule be effective April I, 2015.
Billing Presenlation o! Sarcharye
The surcharge is proposed to show on tlle bilting statement below "Total Charges for Meter" and
above "Vemon Utility User Tax." The surcharge will be labeled "CA Crreenhouse Gas
Surcharge." An example billing presentation is attachcd.
Accounling
A new natural gas "sub-department" has be€n named "5610 AB-32." This sub-departrnent will
track all revenue and expenditures associated with the cap-and-trade program, including a
reasonable level of administrative and overhead costs, and future expenditures for natural gas
rebates to Vemon's gas custome$. Establishment of this subdepartment will also enable
ongoing monitoring of the surcharge fund balance for the purpose of adjusting the level of the
surcharge. All AB-32 cap-and-trade activities in the natural gas departrnent will be kept separate
ftom simila activities in the electric departrent. Presently, the initial srncharge is estimated to
be $0.025 per Therm. Based on curent delivered gas prices (commodity and transportation) of
approximately $0.50 per Therm, the surcharge represents about a five percent overall increase in
cost.
Fiscal Imoact
The net fiscal impact ofthe cap and tade program to the Gas Division, by design, will be zero.
Revenue during the first year is estimated to b€ approximately $600,000. Of that amoun!
approximately half wilt be used to pay for purchased emission allowances, and half will be
reserved for firnding a natural gas rebare prografi. Some funds will also be used to cover
administrative and overhead costs.
Attachments:
1. Example gas bill
I.JB{I & PIOIYER OEPI. - dSM EB SEFUGE DMSION
4305 S/.N|A FE AVE.
VEI iNON, CALIFORN]A gXI58
ACCOUNTNUTBER 00006015
ct sTOmER NutsBER 0000i1803
sERVlcE ADoREsl3 19,10 E .ltlTH ST
Regular Eilt
EILLING DATE O1N7DO15
BILLINO XUiIBER 2679321CYCLE 58
B@K NUMBER 01
OUTAGE ELOCK *
Pf,El/IOUS SALANCE
BILLING AI'JUSTJUETIIS
PAYIiIENTS AND PAYII. AIII.
OEPOgIT REFUiDS
SPECIAL CHARGES
CURRENI CHARGES
TOTAL A,8IOUIIT DUE
$23,050-02
$0.00
923,050.02CR
$0.00
$0.00
s28,0s3.28
Currcnt Charges Due Byi January 27,2015
ROYAL PRINTEX INC
GAS CUSTOMER
ATTN: BRIAN HUH
1946 E /6TH ST
VERNON CA 90058
01u000q6h30000h015EE713eI00aaI53eAE0t 50La??
PLEASE ENTER AMOUNT PAID
€rnrflE Bttt- L-rrrH
L*RB S,on.uh(bE
PLEASE nET\JRN THE PCfiIgr V\,1Ttl YOUF PrlYirf, i
Bl.rrflG DATE 0,i07nV5
B[.rrNG NUnTBER 2679321CYCLE 58
BOOKNT BER (),|
OUTAGE BLOCK *
PREVIOUS BALANCE
BILLING AITIUSTIE ITS
PAYU ENTS AND PAYII. AIU.
OEPOIIIT REFUII'S
SPECAL GHARGES
$23,050.02
$0.00
923,050.02CR
$0.00
$0.00
So la€ Type Met€r RcEd Detc Read Daia O€y3 Pigvtoua Pr€oattt ConEumption BTU ConvNumber From To Rerd R€ad Factor
Gas 00811417 1210112014 O'li0'12015 31 472729 4n729 49910 1.03300
Regular Bill
TrEnsacdon Descrlpdon Usage RaG Cha196
Billing
Payment - Thank YqJ
Belance Fon sad
Monhly Scrvice Charge
TolalTherms
fraBsportation Cherge Tler 1
TrarBporlEtlon Charge Trer 2
Commodity Charg€
Commodity Adrfn. Fee
23,050.02
23,050,02CR
5'r 557
4187
47370
s1557
51657
0.17312
0.0235
0.46s00
0.00300
0.00
s0.00
724.85
3,664,07
23,97,1.01
154.47
Rato
GS2 - GEs G.2 Sm.ll
CommerElal Smdl€.
28,667.60
285.68
O, oZfDD
28,85:r.28
28,853.?8
t,tz8,q3
000(x863
19,16 E 46TH ST
I
i
:
REcEfldiEftnnon
GIII CI.ERKSOTflCE
PLACf,:
DATE &
TIME:
SUBJECT:
REQUEST:
REVIEW OF
THE T'ILE:
PROPOSEI)
CEQA
I'INDING:
NOTICE OF PUELIC HEARING
The City Council ofthe City ofVernon will conduct a public hearing, which you may attend.
Ifyou desire to challenge the actions taken by the Cily Council or any portion ther€ofin
court, you may be limited to raising only rhose issues you or someone else mised at the
applicable hering described in this notice or in wrinen corespondence delivered ro the City of
Vemon during, or before, the hearing.
The hearirrg may be continued or adjounred or cancelled and rescheduled to a slaled time
2t305 S*nte Fe Averue
Vernon, CA 9(X158
(323) s83r8l1
Vemon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Tuesday, March 17,2015 at 9:fiI a.m.
(or as soon thereafter as the matter can be heard)
Congider evidence to estsblisb and inplement a new natuml gas rate
schedule ther will tekc elfect on April l,2015 to collect funds nccded
to cover th€ cost of greenhouse gas emhsion allowances associated
wilh the "capand-trede" prognm crealed by the California Air
Resources Board ("CARB')
All parties are invited to bc present aod to submit stalements orally or in
writing before or during the applicable public hearing
Subject documens are available for inspection by the public at
Vemon City Hall, City Clerk Depanmenr, 4305 Ssnta Fe Avenue, Vemon,
Califomia 9005E, Monday through Thursday,7:00 a-rn, to 5:30 p.m. and
on the City's website at: hltp://*T"'w.cilvolvernon.orq/qovemnrenl/public-
meetings/citv-council
Staffplans to recommend that lhe Vemon City Council determine
that the poposals will not have a significant etTect on the environment and
are exempt from the California Environmental Quality Act (CEQA)
r
Dated:2-2f- 'd Carlos Fandino, Jr., Ditecror o on Gas & Electric
i
RESOI,UTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND ADOPTING THE NATURAL GAS
REBATE PROGRAM FOR CUSTOMERS CONNECTED TO THE
CTTY'S GAS DISTRIBUTION SYSTEM
WHEREAS, the City of Vernon ("city") is a chartered
municipal corporation of Ehe Stsate of California that owns and
operates a system for the generat.ion, purchase, transmission,
distribution and sale of e]ectric capacity and energy,' and
WHEREAS, on March ]-7, 20]-5, the City Council of the City of
vernon adopted Resol,ution No. 2015-l-2 approving, establishing and
implementing a natsural gas surcharge to fund participation in the
California Air Resources Board (*CARB") cap-and-trade allowance
program, for gas distributed and supplled by Ehe City within it.s
boundaries; and
WHEREAS, lhe G1obal Warming Solution Act of 2006. also known
as Assembly Bill ("AB" ) 32, requires that. Cal-ifornia Greenhouse Gas
("cHG" ) emissions in 2o2o be aE the same fevels as in 1990; and
WHEREAS, by memorandum dated July 21, 2015, the Director of
cas & El-ectric has recommended the establishment of the Natural Gas
Rebate Program, which wouLd reward energTy efficiency measures taken by
connected natural gas customers and would be consistent with t.he goal-s
of AB 32; and
WHEREAS, the City Council desires to adopt the Natsural cas
RebaEe Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines tshat the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that tshis actsion is exempt under the Cafifornia Environmental Ouality
Act (CEQA) , in accordance with Section 15061 (b) (3), the general rule
thaE CEQA only applies Eo projectss Ehat may have an effect on the
environment.
SECTION 3:The City Council of the City of Vernon hereby
approves and adopts the Natural cas Rebate Program (t.he "Program" ), a
copy of which is at.t.ached hereto as Exhibit A.
SECTION 4: The City Council of the CiEy of Vernon hereby
instructs the City Administrat.or, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out Ehe purposes of this Resofution and the
transactions herein approved or authorized, including buts not fimited
to, any non- subs tant.ive changes to the Program attsached herein.
2
City of Vernon shal1
this resol-ution, and
SECTION 5:The City C1erk, or Deputy City Clerk, of the
certify to the passage, approval and adoption of
the City C1erk, or Deputy City Clerk, of the City
of Vernon shaII cause this resofution and the City Cferk,s, or Deputy
City Cferk's, certification to be entered in the FiIe of ResoLutions
of the Council of this City.
APPROVED AND ADOPTED t.his 4Eh day of August, 2015.
Name :
Tit.le: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City
APPROVED AS TO FORM:
Clerk
3
STATE OF CAIIFORNIA
COUNTY OF LOS ANGELES
I,, City Clerk / Deputy City Cl-erk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of t.he City of Vernon at a regul-ar meeting of the City
Councif duly held on Tuesday, August 4, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the Citsy of Vernon.
Executed this day of August, 2015, at Vernon, California.
City Clerk / Deputy City Clerk
(SEAL)
)
)ss
)
4
EXHIBIT A
CITY OF VERNON
NATURAL GAS REBATE PROGRAM
PROGRAM DESCRIPTION: This natural gas project rebate program is intended to encourage
customers to reduce gas consumption, and thereby reduce greenhouse gas emissions. This
can be accomplished by upgrading to high efficiency equipment, but also by an operational
change that requires some investment. The City shall be open to any project or process change
that can increase gas efficiency. The City shall also engage with customers to promote projects
that qualify. The program will be administered through Vernon's natural gas and the customer
service departments.
POLICY STATEMENT: The City of Vernon shall allocate revenues to a nalural gas rebate
program derived from the CA Greenhouse Gas Surcharge approved in Resolution 2015-12,
dated March 17 , 2015, and effective April 1 , 2015. These revenues are from the sale of "freely
allocated greenhouse gas allowances,' less the reasonable cost to administer the program.
Rebates shall be allocated in a fair and equitable manner, and consistent with Assembly Bill 32
such that funds can be rebated to eligible customers that verifiably reduce greenhouse gas
emissions to the atmosphere.
PROGRAM FUNDING: Funding for this gas rebate program is exclusively from greenhouse
gas allowances sold at each of the California Air Resource Board (CARB) cap-and-trade
auclions. However, allowances sold must be replaced to fulfill the City's allowance requirement.
Accordingly, the cost of all allowances purchased is covered by Vernon's gas customers
through the CA Greenhouse Gas Surcharge on monthly natural gas billing statements effective
April 1, 2015. The surcharge account balance is growing each month to reach a total of
approximately $340,000 after the first 12 months. Administrative costs are expected to be 15
percent or less, which will include staff time to process applications and rebate evaluation, third-
party technical verification when needed, and marketing of the program.
PROGRAM OBJECTIVES: The objectives of the gas rebate program are to:
. Support the statewide goal of reducing greenhouse gas emissions
o Provide proceeds from the sale of freely allocated greenhouse gas allowances to Vernon
gas customers for the purpose of reducing greenhouse gas emissionso Actively promote the program to Vernon's gas customers in an equitable manner. Design rebates such that rebale dollars are in proportion to benefit gained
. Provide support to customers to facilitate qualifying projects, including application and
verification. Maintain a reasonable cost to administer the program
I
BACKGROUND: The Global Warming Solution Act of 2006, also known as Assembly Bill 32,
requires that California Greenhouse Gas (GHG) emissions in 2020 be at the same levels as that
of the year 1990, or an estimated 15% reduction compared to what emissions might othenruise
have been in 2020. CARB was authorized to develop regulations to reach this goal, and the
cap-and{rade program is one of several tools designed by CARB to do so. Under the terms of
the cap-andtrade program, an overall limit on GHG emissions from capped sectors of the
state's economy was set, and covered facilities subject to the cap are able to trade permils, or
allowances, to emit GHGs up to the capped amount.
CARB'S implementation of cap-and{rade program started November 2012. The program was
designed to phase in covered entities' participation over three compliance periods. The first
period (calendar years 2013 and 2014) included electric distribution companies. CARB has freely
allocated allowances to Vernon for its electric utility. Vernon utilizes the proceeds from the sale
of any allowances not used to meet its compliance obligation exclusively for the benefit of retail
electric ratepayers, and consistent with the goals of AB 32.
The City's gas utility cap-andtrade compliance obligations are distinct from those made for the
electric utility. For Vernon's electric system, the Council previously approved Resolution No.
2011-184, dated Novembet 15,2O11, to implement a surcharge for the electric system.
ln 2015, as the second compliance period has begun, the scope of the cap-and{rade program
has expanded such that natural gas suppliers have become covered entities with a compliance
obligation based on retail gas sales and transportation. As was the case with the electric utility,
Vernon has been given freely allocated allowances for the gas utility for the purpose of mitigating
the cost impact of cap-and{rade to retail customers. A set percentage of those allowances must
be sold in the open market, and the total of allowances is insufficient to cover Vernon's obligation
to CARB. Consequently, Resolution 2015-12 was passed by City Council March 17, 2015,
effective April 1, 2015, implementing Rate Schedule G-CARB, to begin collecting the California
Greenhouse Gas Surcharge from all Vernon gas customers. The purpose ofthe surcharge is to
collect additional funds necessary to cover the cost of allowances sold at auction, and also
purchase additional allowances necessary to meet the City's compliance requirement for 2015,
and beyond,
Proceeds from all auction sales of Vernon's freely allocated allowances must be used for the
benefit of retail gas ratepayers, may not be volumetrically refunded, and must be consistent with
the goals of AB 32.
The following specific language is from Seclion 95893, Part (d), of the Final Regulation Order
(as of January 2015) issued by the California Air Resources Board.
(3) Auction proceeds and allowance value obtained by a natunl gas supplier shall
be used exclusively for the benefit of retail ratepayers of each natural gas
supplier, consistent with the goals of AB 32, and may not be used for the benefit
of entities of persons other than such ratepayers. Any revenue retumed to
ratepayers must be done in a non-volumetic manner.
(4) Public utility gas cotporations shall ensure equal treatment of their procurement
and delivery customer and delivery-only customers.
2
(5) Prohibited Use of Allocated Allowance value. Use of the value of any allowance
allocated to a natural gas supplier, other than for the benefit of retail ratepayers
consistent with the goals of AB 32, is prohibited.
Consequently, this necessitates the implementation of an energy efficiency program for natural
gas, which is specified in detail as follows.
REBATES:
Pipe lnsulation: Minimum pipe diameter must be one-half inch. Pipe must transport
hot water or steam directly from gas-fired equipment. A minimum of one inch of
insulation must be added to the existing bare pipe. Manufacturer's specificaiions must
be included.
Pipe lnsulation, Hot Water: $2 /linear foot
Pipe lnsulation, Steam: $3 /linear foot
Tank lnsulation: One or two inches of fiberglass or foam insulation must be added to
existing bare liquid tanks.
One-inch insulation: $2 /square foot
Two-inch insulation: $3 isquare foot
Process Boilers: Boiler must replace an existing boiler. Application must include the
manufacturer's name and model name/number for the new boiler. New boilers must
have combustion test under full load conditions to document achieving the specified
minimum combustion efficiency. The predefined rebates below are only for boilers with
input less than or equal to 20,000 MBtuh. Larger boiler improvements may be eligible to
receive rebates based on the customized rebate calculation, but must have a
professional Flue Gas Analysis before, and then after, to determine the improvement in
Combustion Efficiency (CE).
Water Boilers. $2 /MBtuh (> 84% CE)
Steam Boilers: $2i MBtuh (> 83% CE)
MBtuh = 1,000 Btu per hour. CE = 100% - Stack loss in %
Steam Traps: Must replace, on a one-for-one basis, existing steam traps that fail to
open. Application must include manufacturer's specification sheet for the steam trap
that replaces the existing trap, as well as the invoice for the purchase.
Steam Traps: $100 per trap
Customized Rebates: Energy savings pOects can be customized beyond the
predefined rebates. Customized rebates may be used for equipment replacements and
improvements of existing processes.
Customized Rebate: $1 per each annual Therm saved
Customized projects require load history, performance calculations, and a detailed
engineering review. Vernon's gas customers must consult with Vernon Gas Division to
validate projects that meet the program objectives, depending on funding available.
Lease projects may qualify dependent upon the term of the lease requiring a minimum
5 years.
SPECIAL PROVISION FOR OTHER GREENHOUSE.GAS REDUCING REBATES:
The first priority of funding associated with this program shall be to qualified projects that
result in more efficient combustion of natural gas; however, rebate funds may also be
used to support projects that reduce greenhouse gas emissions in other ways that are
consistent with AB 32 and CARB guidelines. Subject to funding availability and
compliance with the Rebate Conditions identified below, nongas projects may be
considered except the rebate will be based directly on the metric ton equivalent
reduction of carbon dioxide or other greenhouse gas as defined by CARB. The rebate
amount shall be developed based on the merits of the proposed project and shall be
consistent in contribution level with rebate levels otheMise used for customized gas
projects-
REBATE CONDITIONS:
1. Applicant must allow City of Vernon to be involved from the beginning of the applicant's
process, such that Vernon can inspect and audit the equipment to be replaced prior to it
being removed.
2. Rebates are contingent upon applicant being an active customer in good standing
connected to the City of Vernon gas system and paying the G-CARB surcharge.
3. Rebates are contingent upon customers obtaining the necessary permits from the City of
Vernon for all work done associated with the rebate application.
4. All rebates will be paid directly to the customer of record at a given Vernon location.
5. Natural gas savings must be quantified using reasonable engineering assumptions and
calculations, except for the predefined rebate categories.
6. Equipment or systems installed must be expected to operate for at least five years from
the date of installation.
7. Projects that receive incentives from other sources (excluding tax-related incentives) are
not eligible.
8. The maximum amount of rebate shall not exceed fifty percent of the project cost overall.
9. Available rebate funding shall be allocated based on the timing of application
acceptance and approval.
10. The maximum rebate amount is planned at $100,000 per customer per year subject to
funds avallability; however City may allow higher rebates on a case-by-case basis,
subject to the amount of total rebate funding accumulated in the City's rebate balancing
account.
11. Rebate program is not for new construction, nor is it for replacement, nor for installation
where otherwise required by California Building Code or employee safety laws.
4
PROGRAM APPLICATION AND CONFIRMATION:
1. Pre-lnstallationApplicalion
Applicants must submit a pre-installation application before beginning project work.
Customer initiated installations prior to City acceptance of the pre-installation application
will be rejecled. The pre-installation application must contain the information necessary
to determine the savings and shall be the basis for the rebate. Subject to availability of
funds, the City reserves money for the project, pending timely completion of installation.
The pre-installation application shall consist of the following:
. Customer and project site information. A technical description ofthe project. Documentation of the savings estimated (an engineering calculation). New/old equipment specification (if applicable)
2. Post-lnstallation Confirmation
The postinstallation confirmation shall be coordinated by the applicant after the project
is installed. The confirmation shall be the basis for the actual rebate paid, and shall
consist of the following.
. Any changes from the pre-installation application
. Documentation showing actual Therms saved
. Original, itemized, paid proof of purchase (sales slip or invoice)
. Scheduled site visit(s) for City to verify energy efficiency equipment
modifications, installations, and overall efficiency impact
MARKETING:
Upon approval of the program, staff will notify all customers by letter or direct email including the
details of the program.
However, staff anticipates that the bulk of rebate funds will go to larger projects focused on
customized rebates for boilers or controls upgrades. This is because statistically 90 percent of
all gas consumed is by only 30 percent of customer accounts, 19 of 65 total customers, not
including Owens or MGS. Essentially all of the gas is consumed in boilers. Consequently, staff
will personally contact each of these largest customers to explain the program in detail,
including availability of technical resources and funds. These customers are already aware the
program is coming based on the initial meetings explaining the Greenhouse Gas Surcharge
they are now paying. Accordingly, successful implementation of this program will be highly
dependent on targeting promotion to Vernon gas customers.
PROGRAM ADMINISTRATION:
The Natural Gas Division of Vernon Gas & Electric will lead program administration. The
Division will be responsible for developing and distributing promotional materials, setting
5
appointments with customers to explain the program, following up with customers, and
facilitating the application, construction, and completlon process.
The Customer Services Division will process the actual paper work and rebate check requests
similar to the electric rebate program. The amount of time required by Customer Services will be
minimal. Applications are anticipated at a rate of one per month, much less than the electric
rebate program.
As-needed rebate evaluation and audit support will be provided by lGService, already under
contract with City of Vernon for natural gas support services.
A reasonable proportionate cost for each person/department supporting the program will be
allocated as administrative cost to the program.
6
CITY OF VERNON
Natural Gas Project Rebate Program
Pre-Installation Application
To be eligible for rebates. this application must be submitted to the Ciry ofVemon and approved by Vemon !9fu19-!99!4!1g
proiect work.
Customer Name/Payee:
Mailins Address:
Installation Address in Vemon:
customea contact:Federal Ta\ ID:
Please describe the energr savings and/or quali$ing replacement equipment ofyour proposed project. For customized projects
please provide detailed calculations ofexpected Therms saved. lnclude attachments, as needed
AGREEMENT CLAUSE: I/We agree as follows: I ) To begin the project within 90 days of initial Vemon inspection and approval
and finish within one year ofproject commencement; 2) To allow the Vemon Utiliries Department to conduct scheduled sire visiLs
to veriry installation ofthe hardware specified in this application; 3) To provide the original, itemized, paid proofofpurchase (sales
slip or invoice), complete a post-installation confirmation form, and worksheet showing actual installed equipment (as applicable)
all at comptetion ofproject;4) Unless a written exception is provided by City ofVemon. this rebate shall not to exceed one hundred
thousand dollars or fifty percent ofthe paid proofofpurchase (sales slip or invoice), whichever is less; 5) Rebate will be calculated
per rhe rebare schedule in effect at the time ofapproval ofthis application; 6) Rebates are subject to availability offunds; 7) That
the City ofVemon may withhold payment ofany rebate until satisfaction ofany and all ofthe above listed conditions are met.
Customer Signature:
Print Namo:
Title :
Date:
vernon Utilities Department only
0ate Pre-lnspection:
lnspected by:
Approved by:
Measure Description Urits Irstslled
or
Thcrms Savcd
Rebate
YUnit
Rebatc Amount
$
Total Rebate Requested:
DBA:
Phone:
CITY OF VERNON
Natural Gas Project Rebate Program
Post-Installation Conlirmation
This Post-lnstallation Confirmation is associated with Pre-lnstallation Application with Customer dated:
Customer Name/Payee:
DBA Business Name:
Mailing Address:
Installation Address in Vemon:
Customer Contact:
Phone:
Federal Tax ID:
Please describe any variations from the Pre-lnstallation Application:
Mersure Description as I[stallcd Units hstalled
of
Therms Saved
Rcbrtc
$runit
Rebate Amount
s
Total Rebate Requested:
Attachments to be included with this form:
A) Installe/s statemenr ofactual equipment installation (size and specifications) and/or Iinalized Therm savings
computation
B) Copies of manufacturer's specifications and performance data
C) Original, itemized, paid proofof purchase (sales slip or invoice)
Customer Signature:
Print Name:
Titlei
Date:
Vernon Utilities Department Only
Date Postlnspection:
lnspeded by:
Approved by:
8
RECE[\f ED
JUL 2I 2015
CIY CLERKSOIRCE
DATE:
TO:
FROM:
RE:
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
August 4, 2015
Honorable Mayor and City Council
Carlos Fandino Jr., Director of Vernon Gas & Electric Department
Originator: Javier Valdez, Business & Account Supervisor
Request for Approval of an Agreement with Absolute International Security,
Inc. in Response to the City's Request for Proposals for Unarmed Security
Guard Services
,a-\a)&1-',
Recommendation
A. Find that proposed agreement by and between the City of Vemon and Absolute
Intemational Security, Inc. ("AIS") is exempt under the Califomia 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 a significant effect on
the environment, because the agreement does not have an impact; and
B. Accept the proposal from AIS as the most qualified and cost effective respondent,
rejecting all other proposals; and
C. Award and authorize the execution of the services agreement by and between the City
of Vemon and Absolute Intemational Security, Inc., in substantially the same form as
submiued herewith, for unarmed security guard services. The proposed contracted
services equate to a total compensation amount not-to-exceed $253,294.00 per year,
with an incremental increase ofup to 5% to be considered over the three (3) year term
of the agreement.
Background
The Vemon Gas & Electric ("VG&E) Department crurently employs a temporary staffing
service firm through SCPPA to manage the security staff that patrol station "A". ln order to
optimize security expertise and gain a more comprehensive security service, VG&E determined
that establishing a conftact with a firm that specializes in security services was a more
appropriate route to pursue. The type of quality service provided from such a firm will be of
greater benefit to the City.
Page I of2
RECEIVED
JUL 2 7 20t5
CITY ADfulINISTRATION
The purpose of deploying security personnel is to provide a presence at the Vemon Gas &
Electric ("VG&E") Station "A" Power Plant and Soto Yard to deter unwanted activities such as
theft, vandalism, loitering and trespassing; respond to emergencies; and intervene if and when
hostile confrontations on City property occur. The firm will assist in providing unarmed
security services to monitor Station A Soto entry gate and deliver 24 hours per dayl7 days per
week surveillance and roving patrols throughout the City's critical substations, infrastructure
and inventory locations.
On May 14, 2015, City staff properly publicized the Request for Proposal (RFP) for Unarmed
Security Guard Services for the City of Vemon, pursuant to Vemon Municipal Code section
2.17 .14. The City received a total of twenty two (22) timely proposals from qualified firms. Of
the twenty two (22) respondents, seven (7) met the minimum criteria for further review. A panel
of City staff was assembled to assess the credentials of the seven remaining firms. Prior to
beginning initial evaluations, the team agreed to interview all firms that scored above 80 out of
100 total points. Ultimately, only two (2) select firms were interviewed. After thorough
consideration and collaboration, Absolute Intemational Security, Inc. was selected as the as the
desired recipient of the contract award.
In light ofthe foregoing, it is recommended that Council approve the award ofa contract to AIS
for unarmed security services for a three (3) year term, as staff is in agreement that AIS is the
most suitable firm to provide quality security services to the City.
Fiscal Imnact
The proposed amount for the servics contract with AIS totals $253,294 per year, with an
incremental increase of up to 5% possible over the three (3) year term of the agreement. The
expenditure for security services has been specifically identified in the 2015-2016 approved
budgets.
Attachment(s)
l. Professional Services Agreement by and between the City of Vemon and Absolute
International Security, Inc.
Page 2 of 2
COPY
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
ABSOLUTE SECURITY INTERNATIONAL, INC. FOR UNARMED SECURITY GUARD
SERVICES
COVER PAGE
Contractor: Absolute lnternational Security lnc.
Responsible Principal of Contractor: Lucy Lin, president
Notice lnformation - Contractor: Absolute lnternational Security lnc.
861 South Oak Park Road
Covina, CA, 91724
Attention: Lucy Lin, President
Phone: (626) 858-7188
Facsimile: (626) 858-2882
Notice lnformation - City: City of Vemon
4305 Santa Fe Avenue
Vemon, CA 90058
Attention: Carlos Fandino Jr.
Direclor of Gas & Electric
Telephone: (323) 583-881 1 ext. 573
Facsimile: (323) 826-1 408
Commen@ment Date: August 17, 20'15
Termination Date: August 16, 2018 (unless terminated earlier)
Consideration: Total not to exceed $ 798,510 (includes all
applicable sales tax); and more particulady
described in Exhibit C
Records Retention Period Three (3) years, pursuant to Section 9.19
August 2013
trft_,na- Ht.i qS
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
ABSOLUTE INTERNATIONAL INC., FOR UNARMED SECURITY GUARD SERVICES
This contract is made between the city of Vernon ("city"), a california charter city and
california municipal corporation ("city"), and Absolute lnternational lnc., a california company
('Contractol").
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTMCTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the city council on August 4,
2015.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set
forth in the Request for Proposals dated May '14,2015, Exhibit'A', and Contractor,s proposal to
the City ("Proposal") dated June22,2015, Exhibit "8", both of which are attached to and
incorporated into this Contract, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed according to the standards then prevailing
in the Califomia profession.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or
by city-approved subcontractors. contractor, and all personnel engaged in the work, shall be
fully qualified and authorized or permifted under State and local law to perform such services
and shall be subject to approval by the City.
4.0 The Contractor shall commence the delivery of services on receipt of a written
notice to proceed and shall complete the services on the schedule set forth in Exhibit'c".
August 2013
The term of this Contract shall commence on August 17,2015, and it shall continue until August
16, 2018, unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles county for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in
Exhibit "C".
5.2 Contractot's grand total compensation for the entire term of this Contract,
including change orders, shall not exceed ($798,510) without the prior authorization ofthe City
Council and written amendment of this Contract.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and
incidental labor, material, supplies, facilities, equipment and transportation which may be
required for furnishing services pursuant to this Contract. Materials shall be of the highest
quality. The above Contract fee shall include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related
costs and expenses.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the
City an invoice for the services completed, authorized expenses, and authorized exitra work
actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including
a detailed description of the services completed, the number of hours spent, reimbursable
expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that
describes in reasonable detail the services and the extra work, if any, performed in the
immediately preceding calendar month.
Augusl2013
6.4 Contractor understands and agrees that invoices which lack sufficient
detail to measure performance will be retumed and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after
the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services,
authorized costs and authorized extra work covered by that invoice.
7 .0 CHANGE ORDERS. The Director of the Department of Gas & Electric
shall have the authority to issue change orders for administrative and non-material changes to
the scope of services and to the time for performance as long as the change orders do not
increase the compensation due to Contractor under this Contract and as long as the time is not
elitended beyond three years. The City Administrator, shall have the authority to issue
administrative change orders to increase the compensation due Contractor underthis Contract,
but the combined total amount of such change orders shall not exceed ($798,510).
8.0 CITYS RESPONSIBILITY. City shall cooperate with Contractor as may be
reasonably necessary for Contractor to perform its services; and will give any required decisions
as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor,s
services.
9.0 GENERAL TERMS AND CONDITIONS.
9,1 INDEPENDENTCONTRACTOR.
9.1.1 lt is understood that in the performance ofthe 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 indemnafy, defend and save city harmless from all matters relating to the payment
August 20134
of its employees, including compliance with social security, withholding and all other wages,
salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
9.1 .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.
9.2 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.
9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications,
computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other
documents prepared by Contractor in furtherance of the work shall be the sole property of City
and shall be delivered to City whenever requested. Contractor 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.
9.4 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 ac@ptance of services fumished by Contractor
shall not relieve the Contractor from the obligation to conect subsequently discovered defects,
inaccuracy or incompleteness.
9.5 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 other term, condition, default or
breach, nor of a subsequent breach of the one waived,
August 2013
9.6 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.
9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without 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 assignment shall release the original parties or otheruise
constitute a novation.
9.8 COMPLIANCE WITH LAWS. Contractor shatt compty with ail Federat,
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, including but without
limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of
this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies.
9.9 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
attorney's fees, costs and necessary disbursements in addition to any other relief to which such
party may be entitled.
9.10 INTERPRETATION.
9.'10. 1 Apolicable Law. This Contract, and the rights and duties of
the parties hereunder (both procedural and substantive), shall be govemed by and construed
according to the laws of the State of Califomia.
9.10.2 Entire Aqreement_ This Contract, including any exhibits
attached hereto, constitutes the entire agreement and understanding between the parties
regarding its subject mafter and supersedes all prior or contemporaneous negotiations,
representations, understandings, conespondence, documentation and agreements (written or
oral).
August 20136
9. 1 0.3 Wntten Amendment. This Contract may only be changed
by written amendment signed by Contrac{or and the City Administrator or other authorized
representative of the City, subjeci to any requisite authorization by the City Council. Any oral
representations or modifications concerning this Contract shall be of no force or effect.
9.10.4 Severability. 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.
9.10.5 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
otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms
of the City's Request for Proposals shall control over the Contractor's Proposal.
9.10.6 Choice of Forum. The parties hereby agree that this
Contract is to be enforced in accordance with the laws of the State of Califomia, is entered into
and/or is to be performed in the City of Vernon and that all claims or controversies arising out 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.
9.10.7 Duolicate Orioinals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
9.1 1 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term and provision hereof.
9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
and wanants 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.
9.13 ARBITMTION OF DISPUTES. Any dispute for under 925,000
August 20137
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect of this Contract, shall be settled 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
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.
9.14 INDEMNITY. Contractor agrees to indemnify, hold harmless and defend
(even if the allegations are false, fraudulent or groundless), to the maximum eltent 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:
1) any activity on or use of City's premises or facilities or any performance under
this Contract; or
(2) any acts, enors or omissions (including, without limitation, professional
negligence) of Contractor, its employees, representatives, subcontractors, or agent in
connection with the performance of this Contract.
i. This agreement to indemnify includes, but 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).
9. 14. I RELEASE. Contractor agrees to release and covenants not to sue the
City, its City Council and each members thereof, and its officers, employees, commission
August 20138
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.
9.15 INSUMNCE. Contractor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amount set forth below, for the duration of the
contract, including any exitensions thereto. The policies shall state that they afford primary
coverage.
i. Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personat automobite tiability 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.
ii. General Liability with 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. The City of Vemon, its directors, commissioners, officers, employees,
agents and volunteers must be endorsed on the policy as additional insured as
respects liability arising out of the Contracto/s performance of this Contract.
(1) lf Contractor employs other contractors as part of the services
rendered, Contractor's Protective Coverage is required. Contractor may include
all subcontractors as insured under its own policy of shall fumish separate
insurance for each subcontractor, meeting the requirements set forth herein.
(2) Blanket Contractual Coverage (if required by the city).
(3) Products/Completed Operations Coverage (where such risk is
applicable, as determined by the city)
(4) Explosion, Collapse and/or Underground (X, C, and/or U) coverage
(where such risk is applicable, as determined by the city).
August 20139
iii. Professional Enors and Omissions coverage in a sum of at least
$1 ,000,000. Applicable aggregates must be identified and claims history
provided to determine amounts remaining under the aggregate.
iv. Contractor shall comply with the applicable sections of the California
Labor Code concerning worker's compensation for injuries on the iob_
Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the
State of Califomia; or
(2) Secure and maintain in force a policy of workers' compensation
insurance with statutory limits and Employer's Liability Insurance 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
(3) Provide a "waived form certifying that no employees subject to the
Labor Code's Workers' Compensation provision will be used in performance of
this Contract.
v. 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.
vi. lnsurance shall be placed with insurers with a Best's rating of no less than
B.
vii. Prior to commencement of performance, Contract shall fumish City with a
certificate of insurance for each policy. Each certificate is to be signed by a
person authorized bythat insurerto 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.
10 August 2013
viii. Failure 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 Contract 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, attomey's fees and
costs against Contractor by way of set-off or recoupment from sums due
Contrac,tor, 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 attomey's fees and costs, being collectible from Contractor,
by way of set-off or recoupment from any sums due Contractor.
9.16 NOTICES. Any notice or demand to be given by one party to the other
be given in writing 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:
Department of Gas & Electric
4305 Santa Fe Ave.
Vemon, CA 90058
Attentaon: Javier Valdez
lf to the Contractor:
Absolute lnternational Security, lnc.
861 South Oak Park Road
Covina, CA 90058
Aftention. Lucy Lin
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
11 August 2013
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.
9.'17 TERMINATION FOR CONVENIENCE Mithout Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without Guse, upon
fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City
for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a
prorated amount based on the services satisfaclorily completed and accepted prior to the
effective date of termination. Such payment shall be Contracto/s exclusive remedy for
termination without cause.
9.18 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 to
the defaulting party. The notice shall specify the basis for the default. The Contract shall
terminate unless such default is cured before the effec{ive 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.
9.19 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 Contracto/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.
12 August2013
The Contractor shall maintain and preserve all such records for a period
of at least 3 years after termination of the Contract.
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 Vemon or
reimburse the City for all reasonable and extra costs incuned 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.
9.2O 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.
9.21 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 Califomia 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/z times the
basic rate of pay.
9.22 LIVING WAGES. Contractor, and any Subcontracto(s), shall comply with
the City's Living Wage Ordinance. The cunent Living Wage Standards are set forth in Exhibit
'D". Upon the City's request, certified payroll records shall promptly be provided to the City.
9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity practices to assure
13 August 2013
that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religlon, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or 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'.
[Signatures Begin on Next Page].
14 August 2013
lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vemon, a Califomia charter City Absolute lntemational Security, lnc., a
and California municipal corporation California company
W. Michael Mccormick, Mayor
By:
Name:
Title:
By:
Name:
Tifle:
ATTEST:
Maria Ayala, City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attorney
15 August 2013
EXHIBIT A
REQUEST FOR PROPOSALS
to August 2013
City of Vernon
Request for Proposals (RFP)
Unarmed Security Guard Services
City of Vernon
Department of Gas & Electric
4305 Santa Fe Avenue, Vernon Ca 90058
Phone: (323) 583-8811
City of Vemon Unarmed Security Guard Services Request for Proposals
CITY OF VERNON REQUEST FOR PROPOSAL
UNARMED SECURITY GUARD SERVICES
I. INTRODUCTION AND PROJECT
The City of Vernon is soliciting proposals from qualified public entities or private firms, to
establish a contract for unarmed guard security services to provide a presence at the
Vernon Gas & Electric ("VG&E') Station "A" Power Plant and Soto Yard to deter
unwanted activities such as theft, vandalism, loitering, trespassing, respond to
emergencies, and intervene in hostile confrontations on City properties.
The City will select one qualified public entity or firm, based on demonstrated
competence and a cost effective approach to design, conduct, and assist in providing
unarmed security services to monitor Station A Soto entry gate, 24 hours per day, 7
days per week surveillance and roving patrols throughout the City of VG&E critical
substations, anfrastructure and inventory locations.
2, BACKGROUND
The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and
is located approximately 5 miles southeast of downtown Los Angeles California. Over its
long history Vernon has been developed as an industrial community. At the turn of the
20s century the lands that make up Vernon were comprised largely of farmlands. The
presence of three major rail lines in the area led influential business men and property
owners to encourage the railroad companies to run spur lines onto the farmlands.
These rail extensions enabled the creation of an 'exclusively industrial' city. By the
1920's Vernon was attracting large stockyards and meatpacking facilities. ln the 1930's
Vernon became the location of choice for many heavy industrial plants. As economic
conditions changed over the decades, these large scale industrial operations have
relocated out of Southem Califomia and Vemon has aftracted smaller, lighter industrial
facilities. The City's business friendly environment, low cost utilities and key location for
trucking and rail transport continue to position Vernon as an ideal location for industrial
USES,
City Government: The City Council consists of five members, elected at-large, who
serve five-year staggered terms. The City Council annually appoints a Mayor and a
Mayor Pro Tem from its own membership to serve one-year terms.
Labor Force: Vernon has approximately 250 employees, and its departments include a
Fire Department, Police Department, Finance Department, Public Works, Water and
Development Services Department, Gas and Electric Department and Health and
Environmental Control Department. Present bargainang units recognized include the
Vemon Police Officers Benefit Association, Vemon Police Management Association,
Vernon Firemen's Association, the Vernon Fire Management Association, lnternational
Brotherhood of Electrical Workers Local 47, and Teamsters Local 911.
3. ISSUES OR PROBLEMS TO BE ADDRESSED
2
City of Vemon Unarmed Security Guard Services Request for Proposals
Unarmed security services to monitor the VG&E Station A Soto St. entry gate to permit
authorized entry and document surveillance activity. Also perform patrol throughout the
VG&E critical substations, infrastructure, inventory and equipment to deter any burglary,
damage and or tampering to City electrical infrastructure.
4. SCOPE OF SERVICES REQUIRED
The City of Vernon is seeking the services of a highly qualified public entity or private
firm to provide unarmed guard security services to monitor the VG&E Station "A" Soto
entry gate, provide surveillance services for the Vemon Substation 24 hours, 7 days a
week and to patrol the Power Plant located at 4990 Seville St. and the Soto Yard located
at 4700 Soto St.
SERVICES. Regular patrol and monitoring of Station "A" Power plant and Soto Yard.. Observe and report any unacceptable behavior to the (VG&E) Station A Control
Room Dispatch (CRD) andior Vernon Police Department (VPD).. Escort any individual from premises upon the direction of City staff and call police
when necessary.. Check the exterior of the buildings for vandalism and other unusual conditions.. Report security and public safety problems to VPD immediately.. Report security problems to Station A CRD and/or VPD.. Complete, sign and provide a written Daily Activity Report (DAR) of all incidents
and occunences to the City designee at the end of each day's shift.. Report damage problems to the City designee and Operations Manager.
5. QUALIFICATIONS & CRITERIA
A. Oualifications: The City of Vernon will select one public entity or firm for all of the
outlined Scope of Service on the basis of qualifications, experience, and overall cost
to the City. The following are the minimum qualifications to be used to evaluate
responses to this Request for Proposal:
Security Guard Requirements. Be a legal resident of the United States.. Maintain a current State of California guard card and maintain appropriate
certifications for safety equipment such as batons, pepper spray, etc.o Be pleasant and courteous to clients and staff at all times.. Be sensitive to the diversity of patrons and staff.. Be physically and emotionally capable of performing assigned tasks.o Effectively communicate and follow written and oral instructions in English.. Report to the site on or before the designated shift start time ready to begin
work.. Check-in with his/her designee prior to each shift for any updates and/or
additional duties.. Request the assistance of VPD if any individual becomes abusive or
unmanageable.o Ensure that the Station A CDR and VPD have the oniuty security guard's
3
City of Vemon Unarmed Security Guard Services Request for Proposals
cellular phone number.. Prepare a Daily Activity Report (DAR) recording all patrols, incidents,
actions, and other pertinent data for the City designee.o Attend mandatory City trainings that are paid for by the City.
Prohibitions. Unarmed security guard(s) employed for the purpose of performing duties
under the Contract shall not:
) Carry a firearm, Taser, or any other weapon unless authorized by the
CitY') Wear head phones, listen to music, smoke, groom, or read
unauthorized materials while on duty.
D Conduct personal phone calls except in the event of an emergency.> Enter any area designated "off limits" except as needed to respond to
an emergency.) Bring any type of electronic equipment, device, machine, or
appliance for personal use onto City property without prior approval
from the City designee.) Bring visitors (including children and relatives) onto the work site.) Use any City equipment (copy, machines, fees, computers, etc.)
unless authorized by City staff.> Use any City telephone, except as specifically needed to perform
assigned duties and/or unless authorized by City staff.> Attempt to force or enforce corrective action, other than to escort
individuals from the premises.
) Have any felony convictions, outstanding wanants, crimes of moral
turpitude, and cnmes involving domestic violence.) Accept any gratuities.
Contractor Responsibilities. Contractor shall ensure that all assigned unarmed security guards:
> Are physically able to perform all of the required duties.> Have the ability to communicate with the City staff at all times during
their shift.> Have been thoroughly:l. Trained in their capacity as security guards.
ll. Trained in the requirements of this Contract.lll. Trained on the facilities included under this Contract.
lV. Trained on the procedures included underthis Contract.o Contractor shall immediately remove any unarmed security guard from
assignment upon instruction by the designated staff.. Contractor must change, add, delete, or modify assignments as requested
and directed by the designated staff.. Contractor shall provide each guard with.
D A cellphone with back-up batteries.) An operable flashlight and rain gear during inclement weather.> Appropriate report forms.
D Uniforms: Worn or tom uniforms will be replaced at the Contractor's
4
City ofVernon Unarmed Security Guard Services Request for Proposals
expense. The City reseryes the right to approve or have input on
uniform style, color, appearance, and proper fit.) The telephone numbers for emergency services (fire, theft, medical
emergency, etc.)
D The emergency telephone number for the Contractor and principal
representatives of the Contractor.) A copy of their company rules and operating procedures. Provide a
copy to the City designee as well.
Contractor shall:. Assign fully-trained, unarmed security guards(s) for the assignment.. Ensure that each unarmed security guard remain on duty and are
performing the assigned duties throughout the entire designated shift.. Late arrivals and absences are not acceptable.
Scheduling. Contractor must provide unarmed security services to monitor the Station
"A" Soto entry gate, permitting and documenting authorized entry only
and providing surveillance services for Vernon Substation 24 hours per
day, 7 days per week. Contractor must also provide unarmed security
services to monitor activities and document entry into the Soto Yard
facility as well as perform frequent, roving patrols throughout the city of
VG&E critical substations, infrastructure, inventory, equipment and assets
nightly between 5:30 p.m. and 5:30 a.m. Contractor must provide
security services based out of Soto Yard performing roving patrols
throughout the city on Friday, Saturday and Sunday between 5:30 a.m.
and 5:30 p.m.
B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial
evaluation of proposals received in response to this RFP. All proposals received
from contractors will be reviewed and evaluated by a committee of qualified
personnel. The name, information, or experience of the individual members will not
be made available to any vendor. The Evaluation Committee will first review and
screen all proposals submitted, except for the cost proposals, according to the
minimum qualifications set forth above. The following criteria will be used in
reviewing and comparing the proposals and in determining the highest scoring bid:
1. 40o/o Qualifications, background and prior experienc€ of the firm in the
Service Area(s) being proposed, experience of key staff assigned to
oversee services provided to Vemon, evaluation of size and scope of
similar work performed and success on that work.2. 30% Cost and fees to the City for handling matters. Cost is not the sole
determining factor but will be taken into consideration. Proposer must
offer services at a rate comparable to the rate proposer offers to other
governmental entities for similar work. Offering a higher rate to the City
than the comparable rate is grounds for disqualification of the Proposer.
lf rates differ for different types or levels of service, or for different
Service Areas, the Proposer should so state.
5
City of Vemon Unarmed Security Guard Services Request for Proposals
3. 10Yo Responsiveness to the RFP, and quality and responsiveness of the
proposal.
4. 20% References including past performance of proposer.
6. FORMAT AND DELIVERY RESPONSE
Respondents are asked to submit seven (7) copies and one (1) electronic copy of their
proposals in sufficient detail to allow for a thorough evaluation and comparative analysis.
The proposal should include, at a minimum, the following information in sectionalized
format addressing all phases of the work in the RFP.
A. Format: Limit your proposal to 20 typed 8.5' X 11" pages, or fewer, on white
bond paper of at least 2o-pound weight single sided (excluding cover letter and
attachments. You may attach a firm brochure if you wish, but it must be as a
separate attachment and independent from the required elements noted above.
1. Use a conventional typeface with a minimum font size of 12 points. Use a
1" margin on all boarders.
Organize your submiftal in the order described above-
Provide one (1) unbound original of your firm's response and one
electronic version
4. Prominently label the package. "RFP for Unarmed Security Guard
Services" and include the name of the prime respondent.
Deliver the response to:
City of Vemon
Attention: Javier Valdez, Business & Account Supervisor
4305 Santa Fe Avenue
Vemon, CA 90058
5. Responses are due on or before 5:00 p.m. on June 22,2015. Late
response will not be accepted.
6. A pre-meeting is scheduled for Thursday, June 4, 2015, at 10:00 a.m. in
the Department of Gas & Electric, 4305 Santa Fe Avenue, CA 90058.
Attendance is not mandatory.
7. Questions regarding the RFP should be sent solely via email to
ivaldez@ci.vernon. ca.us. Wednesday, June 17,20'15 on or before 5:00
p.m. is the deadline to submit any questions regarding the RFP.
B. Cover Letter: All proposals shall include a cover letter which states that the
proposal shall remain valid for a period of not less than ninety (90) days from the
date of submittal. lfthe proposal contemplates the use of sub-contractors, the sub-
contractors shall be identified in the cover lefter. lf the proposal is submitted by a
business entity, the cover letter shall be signed by an officer authorized to
contractually bind the business entity. With respect to the business entity, the
cover letter shall also include: the identification of the business entity, including the
name, address and telephone number of the business entity; and the name, title,
address and telephone number of a contact person during the proposal evaluation
period.
2.
3
6
City of Vemon Unarmed Security Guard Services Request for Proposals
C. lntroduction: Present an introduction of the proposal and your understanding of
the assignment and significant steps, methods and procedures to be employed by
the proposer to ensure quality deliverables that can be delivered within the
required time frames and your identified budget.
D. General Scope of Work: Briefly summarize the scope of work as the proposer
perceives or envisions it for each Service Area proposed.
E. Work Plan: Present concepts for conducting the work plan and intenelationship of
all products. Define the scope of each task including the depth and scope of
analysis or research proposed.
F. Fees and costs: Although an important aspect of consideration, the financial cost
estimate will not be the sole justification for consideration. Negotiations may or
may not be conducted with the proposer; therefore, the proposal submitted should
contain the proposer's most favorable terms and conditions, since selection and
award may be made without discussion with any firm. All prices should reflect "not
to exceed'amounts per item. Proposer must offer services at a rate comparable to
the rate proposer offers to other govemmental entities for similar work. Offering a
higher rate to the City than the comparable rate is grounds for disqualification of
the Proposer.
G. Ability of the Proposer to Perform: Provide a detailed description of the proposer
and his/her/its qualifications, including names, titles, detailed professional resumes
and past experience in similar work efforts/products of key personnel who will be
working on the assignment. Provide a list of specific related work projects that
have been completed by the proposer which are directly related to the assignment
described in this RFP. Note the specific individuals who completed such proiect(s).
ldentify role and responsibility of each member of the project team. lnclude the
amount of time key personnel will be involved in the respective portions of the
assignment. Respondents are encouraged to supply relevant examples of their
professional product. Provide a list of references.
The selected firm shall not subcontract any work under the RFP nor assign any
work without the prior written consent of the City.
H. Affidavit of Non-Collusion. Proposer must submit a completed and signed,
"Affidavit of Non-Collusion." (Copy attached as Exhibit A).
7. ADDENDA. CHANGES. AND AMENDTENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes,
amendments, and addenda to this solicitation, including changing the date due to allow
respondents time to address such changes. Addenda, changes, and amendments, if
made, will be posted on the City's website (www.cityofvernon.org), which is deemed
adequate notice. A proposer may make a request to the City's project coordinator to be
placed on a list of persons to receive notice of any such addenda, changes, or
amendments. The prefened manner of communications is via e-mail due to its
7
City of Vemon Unarmed Security Guard Services Request for Proposals
timeliness.8. CONOITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A.
B.
D
Nothing contained in this RFP shall create any contractual
relationship between the respondent and the City.
This RFP does not obligate the City to establish a list of service
providers qualified as prime contractors, or award a contract to
any respondent. The City reserves the right to amend or cancel
this RFP without prior notice, at any time, at its sole discretion.
The City shall not be liable for any expenses incuned by any
individual or organization in connection with this RFP.
No conversations or agreements with any officer, agent, or
employee of the City shall affect or modify any terms of this RFP.
Oral communications or any written/e-mail materials provided by
any person other than designated contact staff of City shall not be
considered binding.
The City reserves the right, in its sole discretion, to accept or
reject any or all Proposals without prior notice and to waive any
minor irregularities or defects in a Proposal. The City reserves the
right to seek clarification on a Proposal with any source.
The dates, times, and sequence of events related to this RFP
shall ultimately be determined by the City. The schedule shown
above is subject to change, at the sole discretion of the City,
although the City will attempt to follow it and, if it must be altered,
will attempt to provide reasonable notice of the changes.
Respondents shall not issue any news release pertaaning to this
RFP, or the City without prior wriften approval of the City.
All submitted proposals and information included therein or
attached thereto shall become public record upon delivery to the
City Administrator's Office.
E.
F
(r.
H.
9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
10.LIVING WAGE ORDINANCE
I
City of Vemon Unarmed Security Guard Services Request for Proposals
The selected consultant shall pay qualifying employees a wage of not less than $10.30
per hour with health benefits, or $11.55 per hour without health benefits. The consultant
shall also provide qualifying employees at least twelve days off per year for sick leave,
vacation or personnel necessity, and an additional ten days a year of uncompensated
time for sick leave. There shall a prohibition on an employer retaliation against an
employee's complaining to the City with regard to the employer's compliance with the
living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the
City's Living Wage Ordinance. The cunent Living Wage Standards are set forth in
Exhibit "D" of the standard form contract, attached hereto as Exhibit B. Upon the City's
request, certified payroll records shall promptly be provided to the City.
.11. STANDARD TERMS AND CONDITIONS
Prior to the award of any work hereunder, City and proposer shall enter into the written
contract attached hereto, for servic€s, as an Exhibit B. Proposers responding to this
RFP are strongly advised to review all the terms and conditions of the Contract. The
term of the Contract shall not exceed three (3) years.
o
City of Vemon Unarmed Security Guard Services Request for Proposals
EXHIBIT A
AFFIDAVIT OF NON.COLLUSION
-10-
City of Vemon Unarmed Security Guard Services Request for Proposals
EXHIBIT B
STANDARD FORM CONTRACT
- 11 -
EXHIBIT B
PROPOSAL
17 August 2013
ABSOIUffi IITIRII,{TIOI{AL $ICUruTY
UNAR]VIED SECURITY GUARD SERYICES
REQUEST FOR PROPOSAL GrP)
City of Vernon
Department of Gas & Electric
Provide I narmed Securitl'Guard Serlices
As Required 81'Citr of Yernon
(Origural)
To:
City of Vernon
Attn: Mr. Javier Valdez, Business & Account Supervisor
4305 Santa Fe Avenue
Vernon, CA 90058
From:
Absolute Intemational Security
861 South Oak Park Roa{ Covina" Ca9l724
(626) 858-7r88
Lucy Lin, President
ll in@absolutesecurifl,intl com
hjrrle22b,2ol5
This proposal contains proprietary and confidential information which is only intended for
the party naned. If you are not the tramed addressee, you are hereby notifred that
dissemination, duplication, or use of the disclosed information, in whole or in par! is
strictly restricted. The aforenentioned condition applies to all pages attached unless given
written permission from Absolute Internetional Security.
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AIS
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State Lic.: PPO 16302
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Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment E
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
Attachment M
Attachment N
Attachment O
Attachment P
TABLE OF CONTENTS
Cover Letter
Introduction
Company Information.
Organization Chart.
Summary of Insurance
Training
Description of Equipment.
General Scope of Work.
Work Plan
Fees and Costs
Summary of Cost Proposal
Specifi cations of Cost Proposal
Ability of the Proposer of Perform
Key Personnel
Project Operations Team Experience
Operations Chart-
Summary of Similar Expenences
Current Business References
Attachments
Affidavit of Non-Collusion.
Addendum 1 . . . . . . . . . . . . . . .
Addendum 2... ...... .. . .. ............
Bid Q &A...
Private Pafol Operator...
Baton Training Facility Certificate- .
Firearms Training Facility Certificate. . .
City of Covina Business License Certificate. . .
City of Los Angeles Tax Regishation Certificate...
Fictitious Business Name Statement. . .
Certificate of Liability Insurance
Excess Liability
Rating.
Financial Stability Statement Attachment
CALSAGA Membership Irtter
Certificate of Membership for The Covina Chamber of Commerce . . . .
Business Reference letter...
AN$OMTE NTERI{ATIOI{AL SICt]RIIY
Ats
Jtulne22th,2015
Mr. Javier Valdez
City of Vernon
4305 Sanla Fe Avenue
Vemon, CA 90058
Dear Mr. Javier Valdez:
Thank you for the opportunity and privilege to join this bid and to introduce the Professional
Security Services offered by Absolute Security International, lnc. (dba AIS).
We would like to emphasize the priority we put on having the best possible executive
management team for you. As President, I have worked in the private security industry for more
than 25 years, specializing in various public contracts in the City oflos Angeles and in various
other Cities spread throughout her suburbs. Our team also consists of Retired Pomona PD
Lieutenant Mark Warm, who will serve as our Sr. Security Consultant and Retired Los Angeles
Sheriff Departrnent Mr. Robert Guy, who will serve as our Vice President of Operations.
Combined they have extensive field experience covering about 29 years. Both Lt. Warm and Mr.
Guy have been involved with security services for a variety projects since 2004 and Mr. Guy will
serve as the project manager in-charge ofthis project tfuoughout the awarded years.
We have our own in-house Training Facility wrth the Coordinator and instnrctors who manage
and supervise all raining requirements mandated by the State of Califomia as well as any
additional training required by the client. We require our officers to have guard cards issued by the
State of California Department of Consumer Affairs (DCA). AIS and our Training Coordinator are
also state licensed and ready to train our security offrcers as needed in various curriculums
required by the State and our clients.
The missing part of the security services industry is not about the size and years of the
business, but rather about personalization and customization of the services. Furthermore it
is about the innovation - a dream behind the technology. What seh our company apart from
others? What makes a business grow and prosper? It is how the executive management tearn
thinks - the ways in which the business connects to its consumers. A business is not only
supported by its abitity to produce its produc8 or services, but mainly by its ability to
reach out to a broad yet individualized variet5z of consumers. A business should always stay
focused on where its responsibility truly lies- to the customers.
To adapt to today's economic trends, AIS will provide flexible and customizable solutions to
meet your security and safety needs while also staying within your budget. We aim to provide the
highest quality of professional and personalized security services, and to follow through with
Proposal for Unamred Security Guard Services for City of Vernon
All information contained on this page is subject to the restrictions detailed on the footer ofthe fust page.
unparalleled supervision and clietrt support Regardless ofthe time and urgency ofthe situation,
you will always be able to reach somebody at AIS who will be able to assist you.
The following are key personnel designated to this project:
Contact Person Ms. Lucy Lin, President and QME-mail: llin@,absolutesecurityintl.com
Telephone: (626) 858-7188, Ext. 101
Fax: (626)858-2882
Mr. Robert Guy, VP of Operations
E-mail: rguy@bsolutesecurityintl.com
Telephone: (626)858-7188,Ext. 104
Fax: (626) 858-2882
Mr. Jerry Truman, Operations Consultant
E-mail: jtrueman@bsolutesecurityintl.com
Telephone: (626) 858-7188, Ext. 106
Fax: (626) 858-2882
Mr. Mark \Yarm, Senior Security Consultant
E-mail: mwarm@bsolutesecudtyintl.com
Telephone: (626) 858-7188, Ext. 105
Fax: (626)858-2882
Mr. Ronald Frosl Operations Manager/Supervisions
E-mail: rfrost@absolutesecurityintl.com
Telephone: (626) 858-7188, Ext. 103
Mr. Nick Marquez, Training Coordinator
E-mail: nmarquez@absolutesecurityintl.com
Telephone: (626)858-7188,Ext. 107
AIS is an Equal Opportunity Employer as well as a certified Minority and Woman Owned &
Disadvantaged Business- Our personnel has diverse culture backgrormds and speaks a multitude
of different languages, so we will always have somebody tailored to meet you halfiray.
We value this opportunity and hope that you will find our commitment to client support
exceptional and our pricing competitive and allow us to serve you. We are confident that our
security team will provide the knowledge and expertise in the field of safety and security to meet
your contract specifications
Proposal for Unarmed Security Guard Services for City of Vernon
All information contained on this page is subject to the restrictions detailed on the footer of the first page.
W
ABSOIUII NTI
tr5
I would like to acknowledge that the information provided in this proposal is true,
accurate, ard current
1. AIS hereby confirms, we fully accept the terms and conditions of the Standard Form
Contract. (Page 1 l)
2. AIS hereby confirms, we fully comply with the
(Page 8-9)
3. AIS hereby confirms tlat this Bid Proposal shall remain valid for a oeriod of not less than
ninetv (90) days from the date of submittal.
4. AIS hereby confirms that Operations Team who work in this project will not be replaced in
the term ofthree contract years.
5. AIS hereby confirms to have received Addendum l, Addendum 2 and Bid Q&A as attached.
6. AIS hereby confirms, there are NO subcontractor involved in this project.
7. AIS hereby confirms, there are NO Exceptions/Deviations from This Bid of Unarmed
Security Guard Services for City of Vernon, Department of Gas & Electric.
Should you have any questions or concems in this proposal, please do not hesitate to contact me
directly. Thank you!
Best regards,
Absolute Security International, Inc.
dba Absolute International Security (AIS)
861 S. Oak Park Road, Covim" CA9l724
(626) 858-7188
Lucy J. Lin, President & QM
Proposal for Unarmed Security Guard Services for City of Vemon
AII information contained on this page is subject to the restrictions detailed on the footer ofthe first page.
ABSOIUM ilITIRII,{TIOIIAI SICUIITY
ffi)
COMPANY INFORMATION
"\'our Protection is Our N{ission. \'our Safetv is Our Goal!"
COMPAIIY BACKGROIDID The Owner and President of Absolute International Security,
Inc., Lucy Lin, founded the entire company on this single statement. When Ms. Lin fint started
out in the security industry almost 25 years ago, she rapidly rose to and maintained a corporate
level position in a company lacking such a mission statement. She believes that, unlike the
previous mmpany, AIS will continue to strive forward, giving the care and service that
customers need to uphold its mission statement that it was founded on.
ABSOLUTE SECURITY INTERNATIONAI, INC. (AIS) was established in the City of
Covina, Califomia as a private security service company by an executive team with 75 years of
experience in security services. AIS headquarters cunently stand at:
861 S. Oak Park Road
Covina, Ca 91724
Telephone: 626-858-7188
Toll Free: 62G969-7188
Fax:62G858-2882
\\reb Page: w'*tv.absolulesecuri4'intl.cont
AIS is a fully insured company with A+ insurance and a licensed Private Patrol Operator
with the Bureau of Security and Investigation Services, Department of Consumer Affairs in
Sacramental, California. Our business provides private security services in both armed and
unarmed security officers, stationary and vehicle patrols and for security consulting, loss
prevention, security for work place violence, tkeat assessment, crime, and fraud investigation.
All our security officers receive the necessary stete-mandated requirements by our in-
house licensed training facility.
SER\'ICES PRO\/IDED
At AIS, our management team has more than 75 yearc
security industry, and can provide the following services:
of combined experience in the private
o Security guard services
Proposal for Unarmed Security Guard Services for City of Vernon
AII information contarned on this page rs subject to the restrictions detailed on the footer ofthe first page.
W
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. Dignitary & personal protection
. Government projects
. Security & safety training. Securi8 for workplace violence
o Threat Assessmetrto Crime and fraud investigations
. Special eventso Mediation & conciliation
AIS provides multilevel security services for individuals and businesses of all sizes including,
but not limited to construction sites, warehouses, manufacturers, schools, banks, shopping
centers, retail chain stores, supermarkets, residential & apartment complexes, restaurants, and
parking facilities.
Our Officers are our most important asset because they represent AIS and you, the client. AIS
management, therefore, considers many different components when hiring a new security officer.
We will only recruit applicants who we deem worthy of wearing our badge and uniform. We
seek to hire personnel that not only have experience, but also "fit the peg".
Clients are very specific towards the personnel they want to interact with on a day to day
basis. If the applicant we are considering for a position looks good on pap€r and meets or
surpasses our standards then, after our initial verbal interview, we as a team will discuss the most
advantageous placement within the facilities or assignment in the locations that we serve.
Our commitment to quslity recruiting and hiring will ensure less turnover for you, our
client. We will always take your specific needs into consideration first and foremost.
All oflicers are required to be up to date with all Local or State mandated requirements.
Our system will promptly notiff our Officers w*ren they need to take care of any issues. AIS will
provide supervision to ensure that all work is performed in accordance with specifications,
at no additional cost.
1007" Client Satisfaction: Our clients will have a 24 Hov Access to our Commumcations
Dispatch Center. We provide a Toll Free number (866) 969-7188 where a live body will always
be available to answer any queslion or to assist in contacting the right person for resolving any
concern, rega.rdless of how large or small the issue may seem. We are always ready to serve our
clients should the need arise.
AIS Licensed Training Facilit-v and our in-house State Licensed Training Coordinator
ensures that our assigned security officen will receive the necessary training specified by our
clients. Our Training Coordinator, with over 25 years of experience in security services, oversees
AIS's training functions and makes certain that the compa.ny is in compliance with California
State Law and BSIS regulations.
Proposal for Unarmed Security Guard Services for City of Vernon
All information contained on this page is subject to the restrictions detailed on the footer of the fust page.
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-11:
SUMMARY OF INSURANCE
Absolute International Security lnc. maintains a comprehensive, specific insurance program for
its various private security contracts. This coverage includes Commercial General Liability,
Commercial Auto, Workers Compensation and Employer Liability.
Commercial General Liability:
' $1,000,000 combined singls limil for bodily injury and property damage on an
"occurrence" basis.. Includes Completed Operations, Professional Liability (i.e., errors & omissions), theft
extension, and lost key coverage.. $1,000,000 personal and advertising injury of any one person or organzation;
' Includes consequential bodily injury arising out of false arrest, malicious prosecution,
slander and libel, and violation of right ofprivacy.. $2,000,000Aggregate.
Umbrella Liabilify:. *$ 1,000,000 Each Occurrence. *$l,000,000Aggregate
Workers' Compensation and Employer's Liability:. Workers' Compensation - Statutory
' Employer's Liability
- $1,000,000 Bodily Injury by Accident
- $1,000,000 Bodily lnjury by Disease
Conmerciel Auto Liability:. $1,000,000 any one accident or loss. Includes hired and non-owned autos
Excess Insurance:
For clients that require an extra level of insurance due to high risk, we can procure a per
project "excess" policy that is in addition to the coverage of an underlying policy
category (i.e. general liabilrty, auto, crime). The cost of such a policy must be specially
bid with disclosure of the name of the client, the type of business the number
of security ofticers to be assigned the estimated annual payroll and the description ofthe
special risk that needs to be insured. This tlpe of policy is fully paid at its inception and
covers only the balance of the underlying year. For contracts with less than 2417
coverage, such extra insurance can be prohibitively costly. In accordance to our risk
management and loss prevention efforts, we have anticipated and continue to experience
favorable claims that are to the benefit ofboth AIS and our clients.
AIS will also provide updates on our insurance coverage throughout the term of the Contract to
ensure that there is no break in coverage during the period of the Contract. We will provide a
thirty (30) day wriuen notice prior to the cancellation or changes of any insurance policy. We are
aware that the lack of evidence regarding coverage is grounds for termination for breach of
Contract.
Proposal for Unarmed Security Guard Services for City of Vernon
All information contained on this page is subject to the restrictions detailed on the footer ofthe first page.
ABSOIUIE ilITIIII,{IIOIIAT Slctlrufl
TRAINING
Because we have a State licensed Training Facility and a State licensed Trainer, we handle our
own training in-house by running a full training facility at our corporate headquarters, and we
have a State licensed onJine kaining system. Training will always be offered to our Ollicers to
increase their security awareness and the quality of our service to our clients.
o Training Coordinator, Nick Marquez is a State licensed Trainer for both on-site and
on-line training. He is responsible for all aspects of corporate training policies,
objectives, and initiatives. Mr. Marquez directs the design, planning, and implementation
of corporate training programs and procedures. He plans and directs new training
techniques and suggests enhancements to existing training programs and ensures that the
training programs meet federal, state, and local regulations- ln addition, Mr. Marquez
measures the impact of programs and leaming activities and is familiar with a variety of
the field's concepts, practices, and procedures by relying on extensive experience and his
own judgrnent. Mr. Marquez has approximately l0 years of military and security
experiences.
Mr. Nick Marquez's contact information as indicated below:
Telephone: (626)858-7188,Ex1. 107
E-mail: nmarquez@absolutesecurityintl.com
AIS's training curriculum will include the following:
I ) School security guard training SBl626
2) Training for each security officer for their specific assigned duties at their job location
3) Observation documentation, report writing, and incident notification
4) Communication Procedures
5) Chain of Command
6) Customer Service
7) Sexual Earassment
8) Recurrent BSIS state training
9) Exposed weapons on an as needed basis
l0)Baton and Chemical Defense
I l) Crime Prevention, Patron Protection and Security Awareness
12) Emergency Situations
13) CP& First-Aid, and Defibrillators
14) Califomia Business and Professions Code, Division 3, Chapter 11.5 as they pertain to
Private Security Servi ces
15) OSHA Regulations
16) Key/Security Alarm Control
17) Evidence and Found Property
l8) Disciplinary Policy
Proposal for Unamred Security Guard Services for City of Vemon
All information contained on this page is subject to the restrictions detailed on the footer ofthe first page.
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ABSOTUTI IIIIRII,{TIOI{,{T SICUil
ffi)
DESCRIPTION OF EQUIPMENT
Companl, Marked Patrol Vehicle
AIS will provide vehicle to do the patrol service. AIS Field Supervisor will make random visits
to locations within the City of Vemon jobsites in a clearly marked security vehicle with NO
additional charge This will enhance the cunent security visibility as well as increase the
awareness of onduty officers.
Marked vehicle will be equipped with the following equipment:
. Heavyduty/rechargeableflashlight
. Traffic cones
o Flares
o Yellow scene management ("banner guard" Epe) tapeo First aid kit
. Blanket
o Fire extinguisher
Tools
AIS will provide the following tools for
Security Offrcers while on duty:. Name tags. 2-way radios. Cellular phone with adequate battery to
maintain communication. Flashlights with spare batterieso Sam Brown equipment belt. Marked Uniforms. Foul Weather Gear, Jackets, Hats, Rain
Coats (when appropriate). Log Book & Pens, Black and Red ink,
highlighters. The telephone numbers for emergency
services and the emergency telephone
number for the Company. A copy of AIS company rules and
operating procedures
(AIS w l provide maintain and replacemmt the
above equipment if in need of replacements.)
Reporting Documents
AIS clearly understands and will submit all
required reports to City of Vernon
"6ss1dingly,
including the following:
1. Officet's Daily Report
2. Guard Sign-ir/Sigr-out Sheet
3. Incident Report
4. Supervisor's Daily Report
5. Supervisor's Follow-up Report
6. Visitor lng InlOut Sheets
7. Fire Watch Forms
8. Bomb Threat Management &
Response Form
9- Emergency Action Plan Form
10. Parking Violation Wamings
I l. Patrol Tags
Proposal for Unarmed Security Guard Services for City of Vernon
All information contained on this page is subject to tle restrictions detailed on the footer of the frst page.
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ABSOtUffMII
"'::
GENERNAL SCOPE OF WORI(
Unlike other companies who have a repetitive, stenciled format for servicing new clients, we
custom design our service programs so we are confident that we will be able to me€t any
specifications from the City of Vemon. Our New Service Team is comprised of the Business
Development, Administration, Accounting, Human Resources, Logistics, Operations, fusk
Management, and Training departments. Together we create a custom tailored program that
covers ever5rthing from specific training regiments to having the lowest possible billingipay'rates
to uniform type/color.
The New Security Program is has the best results when we are allowed a few weeks to perfect
the minute aspects of the progrzrm. Hiring the nght personnel with the proper training, ordering
custom uniforms, and developing a solid schedule can take time. The best-case scenario would
be if AIS had a four-week allowance to develop and implement our program. Our preference will
always be to have the earliest notice as possible to ensure that we cover every base and that the
client will be completely satisfied.
In some cases, however, the client may not be able to provide us with a four weeks' notice. AIS
has had experience putting together highly effective Security Programs under presswe and with
significant time restraints. We have been hired to start the very weekend of the same week and
without the client's firll understanding of what it takes to put a program together, we can proudly
say that we managed to develop a highly effective Security Program in a matter ofdays.
After thirty days of service, we will seek the opinion ofthe client's Project Manager or desigaee
and make any necessary changes or adjustments to maintain client satisfaction. After sixty days,
we will request your input again to ensure that we are all on the same page. After sixty days, we
will continue to pay our clients visits on a bi-monthly or weekly basis, if requested by the client.
We do this to discuss any cnme trends or security concerns in your area that either party may
want to address.
If our service, in the client's opinion, after 90-120 Days, is nothing less than excellent, we will
kindly ask for a letter of recommendation. We will only ask if the client agrees that we have
provided such services and have deemed us worthy of such an honor.
Proposal for Unamred Security Guard Services for City of Vernon
AII information contained on this page is subject to the restrictions detailed on the footer ofthe first page.
7
, ..i:
AIS complies with the Scope of Service of Unarmed Security Guard Services that (Section
4, page 3) provided by the City ofVernon as the following:
a
a
a
a
a
AIS shall provide full-trained uniformed security guard fully meet the qualifications in
section 5 page 3-5.
AIS shall provide Security Officer with cell phone onjobsites.
AIS shall provide the tools and equipment required by City of Vemon (Section 5, page4)
AIS shall provide patrol vehicle.
AIS shall provide regular and monitoring of Station "A" Plant and Soto Yard.
AIS shall observe and report any unacceptable behavior to the (VG&E) Station "A'
Control Room Dispatch (CRD) and/or Vemon Police department (VPD).
AIS shall escort any individual from premises upon the direction of City staff and call
police when necessary.
AIS shall check the exterior ofthe buildings for vandalism and other unusual conditions.
AIS shall report security and public safety problems to VPD immediately.
AIS shall report security problems to Station "A" CRD and/or VPD.
AIS shall complete, sign and provide a written Daily Activity Report (DAR) of all
incidents and occurrences to the City designee at the end of each day's shift.
AIS shall report damage problems to the City desipee and Operations Manager.
o
a
o
a
AIS fully complies with Security Guard Requiremenh that (Section 5, page 3) provided by
the City of Vernon as the following:o AIS securiry oflicer shall be a legal resident of the United States.
a
a
ra
AIS security officer shall maintain a current State of Califomia guard card and maintain
appropriate certifications for safety equipment.
AIS security officer shall be pleasant and courteous to clients and staff at all times.
AIS security officer shall be sensitive to the diversity of patrons and staff.
AIS security officer shall be physically and emotionally capable of performing assigned
tasks.
AIS security officer shall effectively
instructions in English.
AIS security offrcer shall report to the
ready to begin work.
communicate and follow written and oral
site on or before the designated shift start time
AIS security officer shall check-in with his/her designee prior to each shift for any
updates and/or additional duties.
AIS security officer shall request the assistance of VPD if any individual becomes
abusive or unmanageable.
AIS shall ensure that Station A CDR and VPD have the onduty security guard's cell
phone number.
AIS shall prepare a Daily Activity Report (DAR) recording all patrols, incidents, actions,
and other pertinent data for the City designee.
AIS security officer shall attend mandatory City trainings that are paid for by the City.
Proposal for Unarmed Secudty Guard Services for City of Vemon
AII information contained on this page is subject to the restrictions detailed on the footer ofthe fust page.
a
,{BSOTUTI II{TEN|{,{TIOI{AT SECI|fiITY
a"ffi)
Ats
WORK PLAN
Your AIS Security OIEc€(s) will always arrive 15 minutes efrly to ensure they are serving your
locaion(s) "On-Time". All OIEcers that serve you will be selected based on not only service
qualifications, but also special preferences from you, our client. We have an extensive darabase of
properly licensed Offic€rs that live within close proximity ofyour location(s) and can serve you without
having to &ive long distances. We will also be able to provide additional personnel for on-call requests.
AIS Operations Management is comprised of former Police Oftrcers and Military Veterans. They have
developed disciplined skills and qualities that are highly effective when mamging a Security Team.
Together. they can formulate how we can best serve your facility to your satisfaction.
In the rare event thal the Officrrs assiped to your facility or a member of our corporate management
were to behave in a less than professional manner, we will colduct an immediate investigation to
determine any underlying causes and propose and implement the best corrective action to continue
fulfilling our security s€rvice duties that we were hired to perform.
Securig Supenisors will proride random site visits fo ensure all specifications listed in the
Contra€t and per your instructions are performed accordingly and in a timel;- fashion.
Our Field Supervisor's monitoring system includes filing out a check off sheet to ersure the on-site
Oflicer is meeting the standards required by the client and AIS.
Random drug and alcohol trsting is performed on all assigned Officers to ensxre that he./she is able to
effectively perform hiVher duties. These test dates and times are unannounced and are reasonably spread
throughout the year. These rules are clearly written in our company Employee Handbook, given to each
Offic.er ar the beginning of ernployment.
AIS conducts a specific plan for each jobsite as following:
Station A (Power Plant):
o AIS will provide unarmed uniformed security officer 24 hours-a-day, 7 days-a-week
(including Holidays) at Station "A" @ower Plant) located at 4990 Seville St, City of
Vernon.
. Security Offrcer will be posted at the City of Vemon, Power Plant, Station "A' guard
shack, Soto St. entry gate.
. Security Offrcer will provide a variety of services including, but not limited to: entry and
egress access control through gate. l,og in such entries. Notifu Control Room Dispatch
(CRD) of visitor/deliveries. Once an hour, Security Offrcer will provide foot patrol along
the inside of the exterior fence between the Soto gate and the Seville St. entrance.. Security Offrcer is NOT to enter the interior fence area ofthe power plant. Prior to leaving
and upon retuming the Soto entry gate area, Security Ofticer is to noti! CRD.. If any unusunl events occur Security Oflicer shall notifr CRD of incident.
Proposal for Unarmed Security Guard Services for Ciq, ofVemon
All information contained on this page is subject to the restrictions detailed on the footer oftbe fint page.
W
9
ers
AB$CIilTN ilfiRIi,{TIOr{,{t $ECUIITY
. If an incident occurs the Security Officer shall complete an incident report.
o Securiry Officer shall complete a Daily Activity Report (DAR).
Soto Yard:
o AJS shall provide unarmed uniformed security ofticer, Monday-Thursday, 5:30 p.m. to
5:30 a.m., and 24 hours-a-day coverage from 5:30 a.m. Friday to 5.30 a.m. Monday This
Security Officer shall be assigned to the Soto Yard located at 4700 Soto St., City of
Vemon.
o Security Officer shall patrol the Soto Yard storage area, ensuring area is secured.o Once every two (2) hours, security officer shall patrol (AIS provided marked patrol
vehicle), (8) electrical sub-stations from the exterior fence line.. Security Officer shall NOT enter the sub-stations.
c SecuriU patrols shall be random, in no discernible order.. Jf any unusual events occur Security Offrcer shall noti! CRD and/or Vernon Police
Department (VPD).
. If an incident occurs the Security Officer shall complete an incident report.. Security Officer shall complete a Daily Activity Report (DAR).
We have 24-hour AIS Communication Dispatch Center for clients to contact us as needed. AIS
provides call-in system and sign-in shect for security officers to check-in and check-out. For
walk/vehicle patrol service, we have electronic guard monitoring system for security officers to clock-
in and clock-out at each location by using their reader to scan the RFOD tags. We have in-house
professional payroll system and billi"g system to conduct payroll and invoice bi-weekly.
There will be a POST ORDER & EMERGENCY EVACUATION PLAN posted at each jobsite
when the contract commences. Each security offrcer designated to work at the jobsite will also
receive an oral presentation through our Training Section.
When an incident occurs that requires detailed description ofa particular event, for example, the
Fire Departrnent was notified because someone passed out while experiencing chest pains on
client properry, an Incident Report (VR) must be filled out with extreme detail. AII reports are
tumed in that day to the Field Supervisor who then reviews and turns them over to the
Operations Manager. These reports get scrutinized for legibility and content by the Operations
Manager and are finally are brought to the attention of the AIS Project Manager.
If at any time, an Officer or member of our Management personnel does not meet with the
qualifications or specificalions put forward by City of Vernon, we will expedite the removal of
the person identified from your facilities. We are very dedicated in accommodating our clients
and seeking a match for our client that is favorable for all parties. We are aware that, sometimes,
certain character traits may clash with clients or locations, so we will always be careful and give
our best efforts to hire quality personnel that the client expects us to provide.
Proposal for Unanned Security Guard Services for City of Vemon 10
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2015 - 2016 Base Year -'l
DIRECT I.ABOR COST Unarmed Guard
Hourly Pay Rate $ 11.55
Min. wage increase as ot 1n1f2116 included in base pay
INDIRECT LABOR COST Unarmed Guard
Pavroll Taxes @ 1.16
Workers Compensation lnsuranqq $0.98
General Liability lnsuran@ $0.75
Uniform Expense s 0.08
Vacation $0.06
Pre Emolovment Background & Druo Testing $0.03
Training $o.23
Non Sheduled Overtime $o.32
SUBTOTAL INDIRECT I.AAOR COSI:$3.62
OTHER@ST Unarmed Guard
Overhead $ 0.17
Gross Profit o 1.10
Overtime Factor $ 0.12
Markup $0.03
Other: (Descnbe )$
SUBTOTAL OTHER COST:$ 1.41
TOTALWAGE RATE (AND ALL DIRECT,INDIRECT, OTHER COSTS,$ 16.58
VEHICLE(S) AND EQUIPMENT
Item Hourlv Cost
Vehicles $1.60
Bicycle NiA
Golf Cart N/A
Cell Phone N/A
Other Equipment N/A
TOTAL COST $1.60
Unarmed Guard
Straiqht Time Bill Rate $ 16.58
(The sum of all line items factors hourly rate. This is the amount that the City will be billed
under normal circumstances for every hour of services providd by the contractor. )
Holidav Bill Rate $ 16.s8
(The above is the pre-ananged rate for any work performed outside of the normal scope
hours, including holidays, extra coverage requirements, and short-term notice
requirements.)
12
Lt-
ats
KE,\'PERSONNEL
AIS takes pride in our highly experienced management team. The president has worked in the
private security industry for more than 20 years. Before the establishment of AIS, She served as
the Chief Administrative Officer for a forrner business entity. Through the years, she was able to
greatly increase the firm's revenue and in tum, increase the number of guards to the hundreds.
She secured over 90o/o of the contracts for this business entity. At the time, Ms. Lin successfully
pursued and obtained security service contracts with the Los Angeles World Airports and the
Community Redevelopment Agency of Los Angeles.
o President and Qualified \{anager graduated from the Executive Masters of Business
Administration program at Claremont College. She has over 20 years of experience
working with private security firms. She specializes in working wrth govemment
contracts and developing cost effective custom security programs. Ms. Lin is an expert in
Executive management and Business Administrative management. She has extensive
experience in Finances, Marketing, and Operation, as well as Human Resource. Ms. Lin
is also a certified mediator of the City of Los Angeles' City Attorney's Office and has
vast experience in resolving difficult business disputes. All major decisions regarding
AIS are handled and ultimately approved by Ms. Lin. Her Chinese background and
bilingual ability make her effectively develop the Asian market. She is well liked by all
of her employees and customers because she is an honest and caring individual who
always makes herself available to listen to any concerns her staff may have. She has an
open door policy and always sheds a positive light on any issue that crosses her table.
. Legal General Counsel for Absolute International Securitl has over 20 years of
experience practicing law. As an Attorney he has successfully represented various
corporations as well as individual clients in their personal legal matters. Our Legal
Department is experienced in dealing with all types of contracts, corporate matters and
govemment filing requirements. Our Legal Counsel also ensures we are always in
compliance with Federal, State and Local requirements. The counsel always makes
himself available should anyone on staff have any legal concems or need documents
approved including company Policies and Procedures. All contracts are reviewed and
approved by our legal administrator.
o \-ice President of Operations is at the helm of the Overall operations services at AIS.
He has over 27 years of combined management and field experience in law enforcement,
corporate/pnvate security, and administration. He maintained the lughest performance
standards within a diverse range of administrative firnctions, serving as the Director of
Security for many large private security organizations. His extensive experiences in both
Law Enforcement and the Security Field qualifies him for the position of VP of
Operations at AIS who is mainly in-charge of the Operations Department, but oversees a
variety of additional support functions including Human Resources, Marketing/Branding,
Recruiting, Risk Management, Business Development, logistics, and the Guard Services
Training Program.
Proposal for Unanned Security Guard Services for City of Vemon
All information contained on this page is subject to the restrictions detailed on the footer ofthe frst page.
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13
ABSOTUTE HIIAIIATIO|{AL SICIIRITY
Senior Securitl Consultant plays an essential role in advising the Operation
Management team at AIS. He is a retired Police Lieutenant from the Pomona Police
Department. He has over 29 years of law enforcement experience and has eamed
numerous certificates from the Califomia Police Offrcer Standard and Training (POST).
His experience within the police department includes patrol officer, investigations,
intemal affairs, supervision and organizational management. As a Lieutenant, he served
Ls atea commander, Administrative Services Lieutenant and Emergency Disaster
Manager. This is where he developed strong leadership and project management skills.
At AIS, he is responsible for consulting on all security projects, overseeing our Training
Program, and providing leadership within our organization. He strives 1o maintain a high
quality of service for our clients through his vast experience, professional management
style, and sound advice.
Operations Consultant oversees the entire operations Foject and has over 30 years of
combined law enforcement and security management experience. He recently retired
from a long career with the Los Angeles Sheriffs' Departrnent where he worked the Gang
Unit, Narcotics, Vice, Forgery/Fraud and retired from the Special Details Unit that
handled Murder for Hire and Kidnapping for Ransom. During his work in law
enforcement he became involved with private security and for ten years afterwards, he
worked several security details providing personal security for VIP's in Southem
Califomia. He was specifically chosen by the owners and investors of AIS to provide
Operations Departrnent consulting sewice, not only for his experience in law
enforcement and security, but also because of his character. He treats everyone with
respect by talking directly to them, not down at them. He is never condescending and will
always take the time to listen to the ideas of othen.
Human Resources/Ad ministra tion is at the helm of the Overall Administration in AIS.
Her duties include, but are not limited to finances, human resources, logistical
maintenance and other general services in the company. Her generous personality brings
this company into a more family-oriented working environment. She has over 25 years of
experiences working in HR, management, and accounting for the private sector, which
allow for highly effective cross team interactions that help AIS management to operate at
a more organized and professional level.
Training Coordinator is responsible for all aspects of corporate training policies,
objectives, and initiatives. He directs the design, planning, and implementation of any
new corporate training programs and procedures while also suggesting enhancements to
the AIS's current training progam. His experiences ensure the training programs meet
federal, state, and local regulations. His duties include measunng the impact of programs
and leaming actrvities and being familiar with a variety of the field's concepts, practices,
and procedures- He accomplishes this by relying on his extensive experience and
judgment from over 10 years of security work. Because of the broad scope ofhis work, a
wide degree of creativity and latitude is expected from our own licensed training sector.
Proposal for Unarmed Security Guard Services for City of Vemon 14
All infonnation contained on this page is subject to the restrictions detailed on the footer of the fust page.
PROJECT OPERA.TIONS TE.{II f XPERIENCE
. Vice Prqsident of Operations, Robert Guy is at the helm of the Overall operations
services at AIS. He has over 27 years of combined management and field experience in
law enforcement, corporate/private security, and administration. He maintained the
highest performance standards within a diverse range of administrative functions, serving
as the Director of Security for many large private security organizations. His extensive
experiences in both Law Enforcement and the Security Field qualifies him for the
position of VP of Operations at AIS who is mainly in-charge of the Operations
Departrnent, but oversees a variety of additional support firnctions including Human
Resources, MarketinglBranding, Recruiting, Risk Management, Business Development,
Logistics, and the Guard Services Training Program. Mr. Robert Guy is assigned as the
project manager for this project - Unarmed Security Guard Patrol Services for the
City of Vernon.
r Senior Security Consultant Mark Warm plays an essential role in advising the
Operation Management team at AIS. He is a retired Police Lieutenant from the Pomona
Police Department. He has over 29 years of law enforcement experience and has earned
nrrmerous certificates from the Califomia Police Officer Standard and Training (POST).
His experience within the police deparfinent includes patrol officer, investigations,
internal affairs, supervision and organizational management. As a Lieutenant, he served
as area commander, Administrative Services Lieutenant and Emergency Disaster
Manager. This is where he developed strong leadership and project management skills.
Af AIS, he is responsible for consulting on all security projects, overseeing our Training
Program, and providing leadership within our organizzlion. He strives to maintain a high
quality of service for our clients through his vast experience, professional management
style, and sound advice.
o Operations Consultant Jerry Trueman oversees the entire operations project and has
over 30 years of combined law enforcement and security management experience, He
recently retired fiom a long career with the Los Angeles Sheriffs' Departrnent where he
worked the Gang Unit, Narcotics, Vice, Forgery/Fraud and retired from the Special
Details Unit that handled Murder for Hire and Kidnapping for Ransom. During his work
in law enforcement Mr. Trueman became involved with private security and for ten years
afterwards, he worked several security details providing personal security for VIP's in
Southem Califomia. Mr. Trueman was specifically chosen by the owners and investors of
AIS to provide Operations Department consulting service not only for his experience in
law enforcement and security, but also because of his character. He treats everyone with
respect by talking directly to them, not down at them. He is never condescendrng and will
always take the time to listen to the ideas of others.
. Operations Manager, Ronald Fros! works directly with our V.P. of Operations. ln
1988, Mr. Frost eamed his Bachelor's Degree in Criminal Justice at Cal State University.
His 20 years of experience in Logistics as a Broker/Break Bulk Supervisor allowed him
to work closely with the U.S. Customs and prestigrous clients such as Osh Kosh, Levi
Straus, Nike, Magellan and Louis Vuitton, just to name a few. His many years in
Proposal for Unarmed Security Guard Services for City of Vernon
Al1 information contained on this page is subject to the restrictions detailed on the footer ofthe first page.
15
ABSOI,Uffi ilTIR]IATIOIIAI SECUilTYW
Logistics has eamed him a vast experience pool through managing many personnel
importing products from all over the world. He personally handles dayime Field
Supervision as well as Scheduling of all Personnel. He ensures all posts are filled and
clients are never left wondering why an Offrcer did not show up for work. Mr. Frost
makes certain any issues pertaining to customer service are addressed. Mr. Frost
personally intewiews all incoming personnel
Human Resource/Administration, Val Martinez is at the helm of the Overall
Administration in AIS. Her duties include, but are not limited to human resources,
logistical maintenance and other general services in the company. She has over 25 years
of experiences working in HR, management, and accounting for the private sector. Her
generous personality brings the company a more family orientated working environment.
Her solid experiences in HR make AIS's administration more organized and professional.
Training Coordinator, Nick Marquez is responsible for all aspects of corporate training
policies, objectives, and initiatives. Mr. Marquez directs the desigr, planning, and
implementation of corporate training programs and procedures. He plans and directs new
training techniques and suggests enhancements to existing training programs and ensures
that the haining programs meet federal, state, and local regulations. In additioq Mr.
Marquez measures the impact of programs and leaming activities and is familiar with a
variety of the field's mncepts, practic.es, and procedures by relying on extensive
experience and his own judgment. Mr. Marquez has approximately 10 years of military
and security experienc€s.
Operations Assistan! Adrienne Olloqui. Ms. Olloqui is bi-lingual in both Spanish and
English. She attended Cerritos College and graduated with her Associates Degree in
Accounting. Her many years of experience working with Security Officers and Clients
has helped her identify qualified incoming personnel. Aly issues pertaining to new
applicants, hiring, training and payroll are handled by Ms. Olloqui. She works closely
wrth our V.P. of Operations and Operations Manager in scheduling matters. She plays a
vital part in connecting all the tethers of Operations, through her, to the rest of the
company.
Finance/Accounting Lisa Phan, Ms. Phan speaks Cantonese and English Fluently. She
attended Cal Poly Pomona and Majored in Business Administration. She worked at ERS
Security for 9 years before joining the AIS team. She oversees tlle accounting departnent
including the design of an organizational structure adequate for achieving the
department's goals and objectives. She handles all periodic financial reports, bank
reconciliations, corporate annual report, and controls all cash flow for the company_ Also,
she is the Accounts Receivable and partial Accounts payable that makes her became the
"gate keeper" of our company.
Executive Assistant, Tiffany Li, Ms. Li obtained her master degree at University of
Dayton in Communication. She had business administration experiences while in China
and US. Ms. Li has increased her awareness in being very specilic when preparing any
pre-approved contracts or pre-approved amendrnents. She also plays a vital part in
working closely with Operations and Accounting and has an accurate understanding on
the daily events that require attention.
Proposal for Unarmed Secudty Guard Services for City of Vernon f6
AII information contained on this page is subject to the restrictions detailed on the footer ofthe fust page.
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SI] IIiTI,{RY OF SII\{IL.{R EXPERIENCES
What sets Absolute Security Intemational, Inc. (AIS) apart from other security companies is the
higher standards the company holds our officers to. The commonality between AIS and other
security companies stops at having security guards. Our higher expectations and rigorous
screening process allow us to isolate the cream of the crop. Furthermore, we supply additional
direct supervision in the field to allow our clients to rest assured that your facilitiisflocations are
being protected.
We require our officers to maintain a professional derneanor at all times. An office1s conduct is
crucial in representing AIS and more importantly, you, our client. As such, we put very high
emphasis on finding the right placement of each and every security officer to the guarantee the
success of the operation. These are only a brief highlight of how our qualifications differ from
other competitors. Here are the clients thal rve are currently providing similar services for:
Citr of flovina Metrolinlc
Our primary responsibilities to the City of Covina Metrolink station is to provision customer
service to all rail patrons by providing the visual presenc€ of a professional, uniformed secunty
force. This also sewes to deter criminal activity at and threats to the Metrolink system and its
patrons, passengers, property, and equipment by requesting that all individuals that are NOT
patrons of the commuter rail facility to vacate the premises in a prompt and orderly manner to
maintain Public Safety. (Note: especially important to deter local youths from attrempting to use
parking facilities and/or the Metrolink train platform as a recreational facility and thereby
placing themselves at great risk of bodily injury tkough auto/train collisions with
bicycleVskateboards). Our officers also respond to requests from service patrons for assistance
and service information. The officers have to be very familiar with train and bus schedules, ticket
and vending machine operations, Bike Station operations, parking permit requirements, sales
procedures, and the Metrolink system rules and regulations. Our officers must prepare accurate,
thorough and legible reports detailing any unusual incidents/accidents or occurrences during
each shift as well as assist City personnel, police, and/or law enforcement personnel on City
property as requested by providing perimeter access control, traffic direction, or site liaison.
Citr Of Monrovia:
AIS is responsible to provide unarmed uniformed security personnel and to provide security
protection for City Monrovia's Departrnent of Community Services; The Monrovia Public
Library; The Monrovia Historical Museum as well as the City Events as designated by the City
Manager. Our security personnel are completely outfitted with uniforms identi$,ing us as
Absolute Intemational Security employees and equipped with appropriate related security
equipment as authorized by provide security protection at the premises, including weekends and
holidays. We are ensure all our security penonnel assigned to the premises are adequately
trained in and competently aware of applicable the City policies and procedures.
LADOT/ ll\i Transoortation:
AIS is pleased to announce that we have been awarded to sub-contract security services to MV
Transportation for LADoIs Bus station service project in Sylmar yard. we are currently
Proposal for Unarmed Security Guard Services for City of Vernon
AII inforrnation contained on this page is subject to the restrictions detailed on the footer ofthe first page.
18
ABSOIUTI NIIRII,{IIOI\AI SICUnIilw^
,IBSOIUffi MII
',j:
providing security services at all access gates, enforcing parking regulations to the Bus yard,
conducting security patrols of specified areas. We are ready to provide immediate responses to
security alert signals in accordance with established procedures. we even standby with MV
Transportation management in case of potential union strikes to maintain a safe and peaceful
environment at the bus yard. As usual, security officers are expected to deter crimes such as
theft, burglary, vandalism, graffiti, etc.
The city of El Monte has multiple city events spread through the year, which are held in the
South El Monte Community Center on an on-call basis. AIS provides security services for safety
and crowd control for all City events. All officers assigned to the job need to patrol all wlnerable
areas, restrooms, parking lots, high activity areas, and more. We are ready to summon the
appropriate police/fire authorities if necessary. At the same time, we provide all necessary
assistance to management witl on-site safety issues.
Our security officers must provide a security presence at ALL schools wthin the Union School
Districts and campus by providing patrol service in our clearly marked security vehicles. They
also conduct foot patrols to ensure all doors and gates are secure and that the properties are safe
from vandalism. Preventative measures dealing with potential accidents, vanrlalism, theft, and
other unsafe conditions are a must. Our professional officers are required to escort people who
are sleeping, hanging out, or consuming alcohol offthe Foperty. The officers then will follow
up by persistently patrolling the same location to ensure past incidents will no longer be our
client's problem. They are always aware of any suspicious activities and persons at the jobsites
to maintain a peacefirl and safe environment for schools. Our well trained offrcers provide any
emergencies help and friendly assistance for not only students, faculties, staffs but also all the
visitors.
LAD\\?
AIS have been awarded to sub-contract security services to LA Department of Water and Power.
We are providing vehicle control at all access gates, enforcing parking regulations. Our security
services also include security patrol of specified areas, provide immediate response to security
alert signal in accordance with established procedures, and deter crimes such as theft, burglary,
vandalism, graffiti, etc.
AIS won and pending the final step through the board of city of santa Monica (Big Blue Bus).
We will start security guard service soon in July. Our full-trained Security Officers will be
patrolling the various buildings and parking lots located at the BBB facilities. Security Officerswill be responsible for staffing vehicle entrance to identiSr visitors and vendors, monitoring
electronic security equipment and cameras, and inspecting offices and spaces ofBBB facilities,
as well as completing other security daily activities. We will provide professional security
service to City of Santa Monica,/BBB to maintain a safe environment for public.
Proposal for Unarmed Security Guard Services for City of Vemon
A1l information contained on ths page is subject to the restrictions detailed on the footer ofthe fu* page.
AA$OilTI il\IIRI1AIIONAT SICUHTY
ers
CURRENT BUSINESS REFERENCE
CITY OF COVINA METROLINK
STATION
125 E. College Street, Covina, CA 91723
http. metrol inktrains. com ho\\tonde.'page. title
, securitl'
Ms. Anne Perkins-Yin
Management Analyst in Tran sportati on
Tel: (626\384-ss20
CITYOFMONROVIA
119 W. Palm Ave, Monrovia, CA 91016
*rrrr cilvofmonror ia org
Ms. Rebecca Romero
Asst. Recreation Coordinator
Tel: (626)2s6-8232
LADOTA,w TRANSPORTATION (Sub-
contract)
12776 Foothill Blvd Sylmar, CA91342
\\'\\\\ m\,lransrt con]
Ms. Theresa Kunkel
Safety & Training Manager
Tel:(8 1 8)898-7200#107 l(661)212-1473
CONSIILATE GENERAL OF THE,
PEOPLE'S
REPT]BLIC OF CHINA
l. Administration Building
443 Shatto Street, Los Angeles, CA 90025
2. Visa Building
500 Shatto Street, Los Angeles, CA 90025
http:, losangeies chrna-consulate.org
Mr. Xu Wei
Chief of Admini stration
Tel: (213)798-3369
Email: ruu'ei@rmfa gov cn
Proposal for Unarmed Security Guard Services for City of Vemon ZO
All information contained on this page is subject to the restrictions detailed on the footer of tie first page.
ffii)
LA DEPARTMENT OF WATER AI\D
POWER (Subcontrsct)
I I 1 N Hope Street, Los Angeles, CA 90012
Mr. Ronald Dergrigorian
Warer Quality Laboratory Manager
Tel: (213)367-8s23
Email: ron.dergrr gorian/@ ladrvp corr
I/DOT/IVIODERN PARKING
1200 Wilshire Blvd. #300, Los Angeles, CA
90017
rr,*rr ladottransit.cont
Ms. Melody Perkins/Mr. Gary Pitts
Executives
Tel: (213)482-8400
CITYOF SOUTHELMONTE
COMMUNTTYCENTER
1530 Central Avenue, South El Monte, CA
91733
$ $ri.ci south-el-tnonte ca us
Mr. George Munoz
Recreations Supervisor
Tel: (626)579-2043
EL MONTE UMON EIGH SCHOOL
DISTRICT
1003 Durfee Avenue, El Monte, CA91733*l rr .emuhsd k I I ca us
Ms- Rosanna Mcleod
Director of Purchasing
Tel: (626)2584905
BONTTA IINIFIED SCHOOL DISTRICT
115 W. AIIen Avenue, San Dimas, CA
91773
urrrr do bonita kl2 ca us
Ms. Donna Martin
Administrator
Tel: (909)971-8320
Attachment
AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA ISS
COUNTY OF LOS ANGELES}
Lucy Lin , being first duly swom deposes
and says that helshe is President/QM
(lnsen"SoleOwnel'.'ParuEr","Pr€sdern'-,"S€.retar)",ororlxrpropcrtnle)
of
(lnsert name of bidder)
who submits herewith to the City or Vemon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest ofor on behalf of any undisclosed person,
Partnershrp, company, association, organization or corporallon.
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 attempted to induce action prejudicial to the interest ofthe City of Vemon, or ofany
other bidder or anyone else interested in the proposed contract; and further
That prior to the public opening and reading ofproposals, said brdder:
a. Did not drrectly 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 fix the proposal price ofsaid bidder or ofanyone else, or to raise offix any overhead
profit or cost element ofthis proposal price, or ofthat of anyone else;
d. Did not, drectly or indirectly, submit his proposal price or any breakdown thereof, or the contents
thereot or divulge information or data relative thereto, to nay corporation, partrership, company,
association, organization, bid depository, or to any member or agent thereof, or to any individual or
group of individuals, except the City of Vemon, or to any person or persons who have a partnership or
other financial interest wrth bidder in his business
I certify under penalty of perjury drat the above information is correct
b\'.-==-=-Title: President/QM
Date: 06/22/2OL5
Attachment A
CALIFORIIIA ALL.PURPOSE ACKiIOWLEDGMENT clvrL coDE s 1189
A notary public or other officer completing this certificate verities only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iVare
subscribed to the within instrument and acknowledged to me that helshe/they executed the same in
hiyher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALry OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and conect.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter altention of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached D(
Title or Type of Document:
Number of Pages: /SignerG) Other Than Named Above:
Capacity(iesl Claimed by Signer(sl
n lndividual
tr Trustee
tr Other:
tr Attomey in Fact! Guardian or Conservator
Signer ls Representing:Signer ls Representing:
02014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
J. C. ei Et-
commissioa , 2t0i3tt!
Nor v p,rbtic - Celftnh
i,Y.r, .' l'"1',1-::-:ilH.?epi
ocument oa.' aay'z/t{*
Signer's Signer's Name:
fl Corpo i Corporate Ot
L lndividualI Truste€
n Other:
f corpo
f Partner - - Lrmlteo I Generat
I Attomey in Fact
E Guardian or Conservator
L Corporate Officer - Title(s):
E Partner - I Limited ! General
Attachment A
Here lnseft Name and Title of the
City of Vernon
Department of Gas & Electric
4305 Santa Fe Avenue, Vernon Ca 9fi)58
Phone: (323) 583-8811
www.citSrofvernon. org
June O4, 2015
Addendum No.l
RFP Unarmed Security Guard Serices
'[']ris notice shall be considered as Addendum No. I to fte Scheduling 'Unarmed Security Guard
Services" Request for Proposal (RFP).
RFP Specifications:
L The RFP specification and section titled "Scheduling" on page 5, shall be
amended as follows:
Contractor must provide unarmed security services to monitor the Station "A" Soto main
eDtry gate, permitting and documenting authorized enrry only and providing surveillance
services for Vernon Substation 24 hours pr day,1 days per week. Contractor must also
provide unarmed security services to monitor activities and document entry into the Soto
Yard facility as well as perform roving patrols throughout the VG&E critica.l substations,
infrastructure, inventory, equipment and assets from 5:30 p.m. and 5:30am. 7 days per
week. The same security services based out of Soto Yard shall perform rovhg ptrols
throughout the VG&E critical substatiors, infrastructue, iaventory, €quipment and assets
on Friday, Saturday, and Sunday between 5:30 a-m. to 5:30 p.m. Therefore, security services
bas€d in Soto Yard shall be sened continuously from Thursday afternoon 5:30 p.m. to
Monday moming 5:30 am.
Sincerely,
)
.; -,'-1
Carlos R. Fandino
Director of Gas & Electric
eFtjv
c: City Clerk
Attachment B
City of Vernon
Department of Gas & Electric
43Gi Sautr Fe Avcnug Yernon Ca 9X)58
Phone: (5lit) 583-8811
www.cityofYernon'org
June 08, 2015
Addendum No.2
LL a .--
RFP Unarmed Security Guard Services
This notioe shall be oonsidered as Addendur No. 2 to Exhibit A'Affidavit of Non4ollusion" and
Exhibit B *Sundad Form Contact' for the Unsrm€d Seqlrity Gr:ard Services Request for Poposal
(RFP).
RFP SpeciEcations:
I. The RFP specification section titled *E)ftibit A - Afrdsvit of Non-collusioa" on
pge 10 and.Exhibit B - standad Form Contract'' on page l l, shall be amended
to include the forrr atrd contract as part ofthe RFP:
. Exhibit A - Afrdavit of Non-Collusion
r Exhibit B Standard Form Contract
The above mentioned Exhibits are available at .,1'r,. '. ,1 .:.,i).;- .[.,:,-r .. r5'i'i'.r'-.'r i)r'i11.'i,: rr
'-(.:-:-:i -,-:)::il'i1.i: under Unarmed Security Guard Services.
Sincerely,
.l'
Carlos R Fandino
Director of Gas & Eleceic
CF{v
c: City Clerk
Attachment C
Request for Proposal
Unarmed Security Guard Services
Clarifi cation Request Response
Proposals Opening Date: June 22,2OL5
No.Question Response
1 Will the selected contractor furnish standing security
officers at VE&E station A Soto gate, Vernon Substation
and Power Plant (3 separate locations 24/7)?
Please see page 5 - Scheduling.
The City is requesting security
guard stationed at Station A
Soto Entry gate 24 hours 7 days
a week and a rovinB patrol
throughout the City VG&E
critical substation,
infrastructure, inventory,
equipment and assets nightly
between 5:30pm and 5:30am 7
days a week. Station A and
Power Plant is the same
location.
2 lf so, is it one officer per location around the clock (504
hours of weekly labor)?
Security guard stationed at
Station A 24 hours 7 days a
week and a rover patrol from
5:30pm to 5:30am 7 days a
week. Also the rover patrol
shall perform security services
Friday, Saturday and Sunday
from 5:30am to 5:30pm.
Therefore, security services
based in Soto Yard shall be
served continuously from
Thursday afternoon 5:30p.m. to
Monday morning 5:30 a.m.
3 lf I read the RFP correctly, there seems to be a need for
the contractor to provide a vehicle for patrols throughout
the CiW between 1730-0530, is this correct?
Yes. From 5:30pm to 5:30am 7
days a week.
4 ls there any equipment we should factor in the proposal
(i.e. cell phones, radios, carts, etc.)?
Please see page 4 - Contractor
Responsibilities bullet point 3.
It list what contractor shall
provide
5 Can you please identify the incumbent contractor?S&S Labor Force lnc.
6 Can you please provide the billing rate of your incumbent
contractor for all personnel and services requested in the
RFP?
$40.00 Hourly Rate. This rate
includes all overhead cost
7 ls the client wishing to transition any incumbent staff if a
new contractor is awarded the bid?
No
8 lf there is current staff members considered for None
Attachment D
transition, can you please provide the billing rate and/or
wage rate for each?
9 Will client spec wages for any or all personnel?Contractor shall comply with
the City's wage ordinance as
stated in the RFP package-
10 Exhibit A and Exhibit B were blank on the document
received on 5/14. Will these exhibits be posted as
addenda on the RFP webpage?
Exhibit A is the Request for
Proposal and exhibit B is the
selected proposal, Both
exhibits will be filled once the
City awards the contract.
1!Please confirm service hours per week (HPW) for each
position detailed in the RFP.
The City is requesting security
guard stationed at Station A
Soto Entry gate 24 hours 7 days
a week and a roving patrol
throughout the City VG&E
critical substation,
inf rastructure, inventory,
equipment and assets nightly
between 5:30pm to 5:30am 7
days a week.
12 ln regards to the roving patrol, will the vehicle be
provided by the City or willthe contractor provide the
billing?
The contractor shall provide
vehicle.
13 lf the contractor is providing vehicle, would you prefer it
is built into the hourly bill rate or have costs direct billed
as a separate item?
The cost of the vehicle be billed
as a separate item.
L4
Attachment D
Request for Proposal
Unarmed Security Guard Services
Clarification Request Response No.2
Proposals Opening Date: June 22,zOLs
No.Question Response
'1,Does the city wish to have all holiday hours built into the
hourly bill rate or should we propose a holiday rate and
bill as they occur?
Hourly rate shall include
everyth ing
2 ls the unbound original proposal part of the Tcopies to
submlt?
Yes. Out ofthe 7 hard copies 1
is unbound original.
3 Can a company vehicle be parked at Soto Yard?Yes
4 What is the proposed budget?We have not proposed budget
What is the term of the contract?3 year term. City may
terminate the contract in whole
or in part any time, for any
cause or without, upon fifteen
(1.5) calendar days written
notice to Contractor.
6 ls there a prevailing wage requirement?Yes
7 ls there a need for a vehicle to perform the scope of work
in the RFP?
Yes
o Are there any requirements from the City of Vernon for
the type of vehicle (car or truck, 2 wheel drive or 4 wheel
drive) to be used forthe Roving Patrol?
Preferably the patrol vehicle will
reflect the City's commitment
to providing safe and effective
services in a professional
manner. Although no specific
requirements were outlined in
the RFP, a clean, well
maintained, highly visible, easily
identifiable car or truck is
desira ble.
9 Does the vehicle need to be equipped with specific
equipment (ex. Light bars, first aid kit, fire extinguisher) to
perform the patrol tours?
Light bar, first aid kit, fire
extinguisher and spot light is
preferred but not required.
10 During patrolling VG&E facilities, can the guard station be
unattended?
Yes.
11 What is the expected duration of each shift?As long as the required
coverage is met as stated in the
RFP, the duration of each shift is
dependent on the Contractor.
1-2
13
1,4
Attachment D
Request for Proposal
Unarmed Security Guard Services
Clarification Request Response No.3
Proposals Opening Date: June 22,2OLs
No.Question Response
1 How do you want the bill rate to address for the vehicle
listed as separate line item for example, day rate or
weekly rate?
Weekly rate.
2 Just confirming that the hours for the Soto St. location are
Monday, Tuesday and Wednesday from 5:30pm-5:30am
(12 hour coverage)with patrol service every 2 hours and
on Thursday the coverage starts at 5:30pm and continues
through Monday morning ending at 5:30am (straight
through) with patrol service every 2 hours.
The Power Plant location is 24/7.
This is correct.
3 ln regard to the vehicle listed as separate line item would
it be acceptable to base the rate on specific number of
hours? lf so how many hours would you require?
that the hours for the Soto St.
location are Monday, Tuesday
and Wednesday from 5:30pm-
5:30am (12 hour coverage) with
patrol service every 2 hours and
on Thursday the coverage starts
at 5:30pm and continues
through Monday morning
ending at 5:30am (straight
through) with patrol service
every 2 hours.
4 Are the patrol rounds hourly with the exception of Tri€as
Substation?
The patrol is every two hours.
5 Exhibit A for the Affidavit of Non-Collusion (page 10) is
blank, can you send me the Affidavit of Non-Collusion
form?
Please visit the City website
under this RFP for Addendum
No. 2.
6 ls there a requirement of CPR First Aid Card?ls not required
7 There is a 20 pages limit, does 20 pages include affidavit
of Non-Collusion?
No. Affidavit is an attachment
to the proposal.
6 Does the Affidavit of Non-Collusion by Contractor need to
be Notarized?
Notarized is preferred but not
required.
9 What are the starting dates of the contract for Unarmed
Security for the VG&E Station A Power Plant & Soto Yard?
Tentative starting date is August
L,20L5.
10 How long does the contract go for initially (l read where it
stated that the term of the contract shall not exceed
three years?)
3 year term. City may
terminate the contract in whole
or in part any time, for any
cause or without, upon fifteen
(15) calendar days written
Af f a r.hman,|- n
notice to Contractor.
7L Are marked vehicles required for roving patrols
throughout the City of VG&E critical substations,
infrastructures and inventory location?
Preferably the patrol vehicle will
reflect the City's cornmitment
to providing safe and effective
services in a professional
manner. Although no specific
requirements were outlined in
the RFP, a clean, well
maintained, highly visible, easily
identifiable car or truck is
desirable.
1,2 Would the City of Vernon allow the contractor to bill the
costs ofvehicle monthly over and above the hourly rate?
Or is this a cost that should be incurred by the contractor.
l'm not clear on this?
The cost of the vehicle be billed
as a weekly rate and as a
separate item.
13 ls the City office open to receive hand delivered
responses on Friday June 19?
The City is not open on Friday.
1,4 Are we to provide 1 copy or 7 copies as detailed in the
opening paragraph?
Respondents are asked to
submit 7 copies. 1 of the 7
copies is unbound original.
15 Can the electronic copy come in the form of a link to an
electronic copy?
Yes.
16 Section 64-2 "Organize your submittal in the order
described above". This is in reference to item 68 through
5H, Correct?
It applies to all section 6.
Attachmenl n
PRTVATE
PP0 16302
43430686
arala or 6/rLrr9rx.^ETEA
oEP^qtiaEntl i* co6rJEEn afF rE
Bqrcru ol S.4rrity rnd hwGtii.tiy. Scrviccs
P.O.' BOX 989002wc.t S.r..m.nto. CA 95798-9002
19161 322-'1000
PERATOR
vALrD Ut{TIL JANUARY 31,2017LICEIISE NO.
RECEIPT NO.
ABS0LUTE It{TERilATIoNAL SECURITY. 11{C.
E61 S. OAK PARK ROAD
c0vrNA cA 91721
ar^ra o
----- NOI{-TRAIISFERABLE.-- POST I1{ PUBLIC VIET' -----
EEA
oEFArrM€rr qF co zunEF aafArFs
CERTIFICATE
RECEIPT t{0.
AIS
861 SOUTH OAK PARK RD
c0vrNA cA 917?4
----- NOII-TRANSFERABLE --- POST IN PUBLIC VIEIJ -----
VALID UNTIL JUt'IE 30,2016
*HrrB o2,/29lOE E
ErI.€lU ol Sccurity and lnvcaugrtlvo SsrvicBs
P.O. BOX 989002
Wost Slcr.nrcnto. CA 95798-9002(9161 322-'1000
CERTIFICATE
vALID Ut{TrL JUNE 50, 2 016
BATON
TF8 1188
002 18E66
FIR,EARMS
TFF 130O
oo219723
tal14
t3l t4
l-ll-a
I'E9ANTMTAI OF CQ'ISIIMEF AfFAIFE
CERTIFICATE
RECEIPT NO.
AIS
861 SOUTH OAX PARK RD
c0vrr{A cA 91724
vt9l t4
Attachment E
CITY OF COVINA
1 25 East College Street . Covina, CA 91723-2199
Phone (626) 384-5512. FAX (626) 38+5499. Bl@CovinacA.gov UCENSE #
:16256
Business Name:
Classlficaflon:
Spoclal Condltlons:
BualnBa Orrnor: Lucy J Un
Preddent/CEO
Date lssued:'totunu4
Ths pailon, fim, or corpq.llon named hsDln ls granred thls p.rmtutlcsns. purluant to the Ctty ol Covlna's frlnancss and lunldpql
Code provi.bfl! authorhlng th€ actlr,lty .xp.Ercly lot torth rnd rElbrincld hsrsln. Thl! pgrmlullcaoro do.3 not authEizr, lpprow, gr
grad .ny tlghtr not oxprasrly lncludod lEr.in atd do! not authorE€ lhe 8pfovll of, sndqto, or csrttfy clmplhnca ,lth rny odrqr
isd€ral, ttab, or loc.l l.w. Thit FermMic.n$ das noi obvlate the n€ed to obt ln any and all othq irdsr.l, ttrt , a loc.l p.rmltr,
approvalr, q authoritatlons rlqulrsd by lav. City gficialr haw thr authqity to ddlrmln€ wiethsr any actvity complb! rltfi th. tarmt and
condliions conblnod hsrgln. Thls Ffmtullcsnto d65 not authqk y ln urtr to th€ Fofrty o. dghtr of odl3rr rnd dos! nd !uiho.L.
lntorftrlnca ulth arly sxlsung or prop6ld pror€c{ oth€rwbo authorL€d by lrw. Th6 grant of thlg llc.nldFrmtt d€r not orempt lt!
Iccipicnt fiom thg srtforc€meltt of any Fodgral, atats, o. oth€r local law.
POST IN A CONSPICUOUS PLACE - NON.TRANSFERABLE
BUSINESS LICENSE CERTIFIGATE
EXPIRES: 12J3112015
Absolute Security lntematimal, lnc.
861 S OAK PARK RD
covrM cA 91724
Private Patousecurity
CITY OF COVINA
444 North Citrus Avenue . Covina, CA 91723-2199
PRIVATE PATROL OPERATORS PERMIT
LICENSE EXPIRES: 02i0A2016
Bulin€8s Namo:
Bustnes3 Addrr.s;
Classlficadon:
Sp€cial Condltions:Police
Thc Acrsorl, firln, pnncrshlp, or corpoctior.rm!d h.Gin (h€reiEftlr, tPeflnitt!') ir tr.ltad tt s perlnir s Mudcipsl Cod€ .rd ftinancer
('cl\ie) 5IO.OIO !t srq. dBt.uthorit s th. PlrmiEr ro.n8*e in mvltE P.trolOp.Etor Servces .i detrned in CMC 55.4OO10 a s!q. ThG not audro.i2a, ippnoy!, or trlni
clodEtttEt rqld r. Ult h FoPcitY .bnc. or todt lnjud.r or vloEtc rhc rirha ofothcR.6., rlocs not.urtErI! tnt rfrlnc. wt$.iyGrtrtlrs q Foposld FDlcds odtrr*tr.
F.dcr.l, SbrE .rd loc.l l.ws, lndudng glrc ! s,(}/tJrO ct r.q.
POST I A CONSPICUOUS PI.ACE . NON.TRANSFERABLE Attachment F
PERTTT #
5824l
Absolute Security lnEmational, lnc.
861 S OAK PARK RO
covtNA cA 91724
PrivsE P&ol OperatorE - PD
Busin€ss OYYnen
Date Esued:
Lucy J Lin
a2nsr2015
CITY OF LOS ANGELES
OFFICE OF FINANCE
P.O. BOX 53200
LOS ANGELES CA 9OO53.O2OO
r9 100.003501 1107 r
ABSOLUTE SECURITY INTEBNATIONAL INC
ABSOLUTE INTERNATIONAL SECUHITY
861 S OAK PAFK RD
covtNA cA 9172+ 24
ctw oF LOS ANGELES TN( HEGISTRATION CERTIFICATE
TTTS C€frNFEAIE 6 GOOO UI{TIL SUSPEIOED OB CATICEIIE
861 S OAK PARK FIOAD
covlNA, cA 91724-3624
IHIS CEBTIFEATE MIJST EE POSTED Af PI4CE,OF EUSI{ESS
BUSINESS TAX ssueo: 712U201 1
I ABSOLUTE SECUFITY INTERNATIONAL INC
3 ABSOLUTE INTERNATIONALSFCUFIITY
E sor sonr PARK RoADu covtNA. cA 91724-3624
To 86r soAK PARK RoAD
covlNA, cA 91724-3624
ISSUED BI
|k{d{,".e- P ()"$'6"!-0-
oREqfoR oF Hl{AltE
NOitFY THE OIiFICE OF F}nIANCE IN WFM_G OE AT'Y CHANGE IN CnIVNEFSHIP OR AOt'RESS P O EOX 53h L6 ANGELES CA 9OO53-O2OOAttachment G
YOUF RETLNN MA'LING ADDRESS
t.lA E: ABSOI-UTE SECURITY NTERNATIONAL INC
ADDRESS:861 S. OAK PAFK ROAD
C[IY: COVINA
5 U6WIIr[ffi ilIIII]IHFttE gHms
lhr 5 2!15 Xtr ZE &0
D c Ll.' irrdr -iqrrin-r !*r
STATE:CA ZP CODE:91724
FICTITIOUS BUSINESS NAME STATEMENT
TYPE OF FILING AND FILING FEE
El oridd- lla-@ (FoB oRGflAr FnJNc wIrH ontE a.EltBs MrrE ofl grArEuENT)
Anrrdd oL'r) Frlgts llC8 (qiANGES lN F CTE FBO OA,GNA! FL'\|G- REOiT|FES PUELTaTON,
[f Rde t!!-6 Gro cHrl'lc !{ THE FACIT} Ff,otr OH|GNAL FX.JMI)
. FOf EACH ADDITlo\uL H.EINEIIS liAME Ftr-ED Oi SAIIE STATETTEM, DO{NG AUSI'€sS AT TIE SAIIE IMAION
.1, ABSOLUTE INTEHNANONAL SECURITY a AIS
EACH ADOITE'TAL O!!/IIEF IN EXCES Of OIIE OIYNER
Frt{FffirE &*E }En (r)
The lollorrlr€ p3]!ol{s) Is (ars) dolng bualrlass ss;
- 861 S OAK PARK HOAD
Covlna CA 91721 LA COUNTY I Ory $n Zp
Arrid.6 d h.orp.r'don 6 olfftabr ltmb.r (, !F{c.U.): At tor
-'REGTSTERED OWNER(S) :
1.ABSOLUTE SECURTTY INTERMTTChIAL IhIC 2.
4.3.
R€darence Artrg&s
COVINA
Rdl i{arEco.piu.ro (P.O- 8or nd qr6d)
861 S. OAK PARK ROAD
FUI l.lame/Corp,il-Lo (P.O. 8o)( not .c..Ed)
Residorrce ddaess
City S.b 4
I Corpo..fion or LLG - Prht ShE oa hEorFrstlo.r/Or!€rilltirn
fuU Narne,CoArLLC (P.O. Bor nor 6ccded)
R€sUEnc€ AdrlrEss
Clty Starr 4
{ Coedatioo or LIC - fthi $rb oa lrrDo.ltldd}fE tatbr
trCoearrrers
B Umibd usbnny Padn66hip
CA 91724
ZPC.ty
CA
It CoDordi or LIC . Prid Std6 ol hcorporatonorganization
Full ilaflre,Cord[C (P.O Eor no( Bccs@d)
Fesldor'Ea Addr6s
O,ty SH. 7h
f Cdpo.lioll or Ul - Prri S:trb oa hcdDo.. q{c,gan[rrtDn
IF MOFE THAN FOUR REGISTHANTS, ATTACH ADDMONAL SHEET SHOWNG OWNER INFORMATION*"THIS BUSINESS lS CONDUCTED BY: (Check one)
EIan hdrvidual Ea C6ne.al PartEGhF Es Umited Pannersnip Ea Umn€d U&iltty Compafly
I an hincornoraea Associafron oulsr thsn a P8rtner$ p Ea ccpormon f]a rrus
Ea Marriod Couple EJoint venture E$de qr l-ocal RegistaGd Dom€dic Partle's
"-The dab reglsfranr stansd t} trsr&t busfri€ss undsr th€ flcl dous B,!dn€&t nafll€ or nerngs list€d abqve:09/262008
(hEr Nr .bln f Fr EErt # btrrEi Bl!h6)
I ddrt ffi d lnloflrrton ln lhlt sirb(Er b tsua lld cofltat
(A r€gisfr8nt who d€cls€s as tru€ any ruteflsl mstt€( pursusrt to S€ctbn 1 791 3 of the Business end Ppl€asiong Code that
the regiEtram knows to be talse is guity of a nisdemesnor punl6habl€ by a fine not to oxcaed on€ thousand doflars ($1,OOO).)
FEGII}TRANT(S)IoORPI.LCNAME (PFIMO ABSOLUTE SECUFTTY INTERNATIONAL IT.JC TmE PRESIDEI.IT
f corptquon, ilro pdnl corpod. b ol ot[ca.. It LLC, .Eo Ftnr UlG st otGr or mlt4ar.
LI,JCY J, LIN
TEs slaBnsrl ras fld wtth th€o, LOO ANGELES on rE daE indbaE by tro fft d sbmp h tl€
wllrlsul'tJlvtr,
IHE DATE ON WHICH rI WAS FILED f,{ THEIHE DATE OI{ WHICII IT WAS FILED F{ THE OFFICE OF THE COJNTY CI.EBK EXCEPT. AS PBOVIDED IN SUBOTVEION (D) OF SECTION I7BAO, WHERE IT E(PIRES ,rOoAYs AFTEn ANY CHAI.IGE lN ltlE F^cTs sET R)RTH lN THE srArErrENr ptFsu Ni To sEcTroN izg13 oTHER iH/iri A bH itGE tN THE AESDET€E AbDREss oFA REGSTEHED OIVNEH- A t'lEw HCTmOUS BLEINES NAMESTATEMENT HIJST BE HLED BEFoBE THE ExptBATlON. er*Clvf .ler,rulnv i. aoir. nrEFrcflClo|,B Bt'ISINESS MME STATEMENT MIJST BE AC@MPAI{ED BY THE AFFIDAVTT OF IDENTTTY FOBM.
T}G FIUI{G OF THIS STATEHENT OOES I{OT OF ITSEIf AUT}IOREE THE USE r'l TH6 STATE OF A FlcTlTloLE BI'ISINES{I ttlrAi'E IN VIOLATON OF THE RIOTTTS OFANOII{ER UtrroEft FEDBAL ST TE OF Coritltot{ LAw (SEE SECTTON 1/r,r1r ET SECI., BUSTNESS eruO pAOFESSrONdEO6. -
I HEAEEY CfrfIFY |HAT THIS @PY IS A CORRECT COPY OF THE ORIGINAL STATE ENT ON F'LE IN MY OFFICE,pEAN C. LoGAN. LOs A tGEtES @UNTY oLERR tr, M, , , .n rOKS , *ary
RE\r. O1t2o1{ p.O. BOX 1208, NORWATX, CA go6s1.1aB p4t (9641fP-?1,n --" -'w66dn-ess: LA\oTENET
Attachmenl- n
Attchment H
aiQo"I ,--CERTIFICATE OF LIABILITY INSURANCE
(2010105)
THlscERTlFlcATEElsst,EDAsA]*ATTERoFINFoRIIAIIoNoNLYANocoNFERsNoRIGHTSUPoHTHEcERnFIcATEHoLDER.THIS
cERrrFtcArE ooEs Nor *rrnurnve.i oixeoam'elv A"qror1lTTl-:LtTl-15.9t;1*i11gr3P,,3="%t:i"i?:3'=;
E:i;ilirii"?;-"#;'^fr'dfiilil*E ooE nor co{srmnE A coNrRAcr sErwEEN rHE rssunc n{suRER(s}, aurHoRrD
nEpneserrenve on PRooucE& AND THE CERn{9ATE HOLDER , = = . ,=,=,
tii tcrms ana conaitiona ofthc Policy, clrtain polici's may r'quir"'l 'ndo't€rDent_
A st lemenl on lhis c.rtilicat. doe3 .rot cohfer rights to lhe
clrtifcet! holder in lieu of such
PROI'T'CER
.raEe3 G ga.Eter fn3uEance lstocleteg
aicer.6c 1055a 95 9
P o Bot 3947
trresao ct 93650
60lED
lbsolute s.quritY Int rnation l, IDc dbl
861 s o.l( Park Rd
cA 9L124
NSUREO MMED ABOVE FOR THE POLICY
DECDS'T 1.) WI{
INOICATED NOTWI]HSTANDITIG ANY RECIUIFEMENT, TERI{ OR CONDITION OF ANY.CINTFACT OR OTHER OOCI',IJENT wtTH RESPECT IO WHICH THIS
cERrrFrcarE MAy aE rssuED oR MAy pexiiii]iit iiiiirmu,;i ar;o-95^o-9,1 11^5..19-H9lts^^D,:*il9.1D HERETN ls sus''Ecr ro Alr rHE TERIs'-'' '- " - .rcri6 Lrlirrs sxowrv ue'r trnvE SEEN REDUCED BY PAID ctAiMs'
EXCLUSIONS AND CONOITIONS OF SUCH POI
..^,** * [] o"",^
6ETTI AGGREGATE UylI APPIIES PER:
AUTOCOSILE LIABIITY
AUTOS
HIR@ A,TOS
SC-tlEDL4fD
AUTOS
AND ETPLOYEES' UABIUIY
DEBCrt vEHclEs (^lt.Grr A@nD iol fdliddlt !!"f{b sd++ ir m. rE6 i' ,g,idt
ffi; i.r"ti 'iEE Eiliii-r.1En_.i iv, - {naA.bile Liibiiity, ajld llolkelE coq,cn.eLioD
EOR NTEORI{AT IONAI PURPOSES
SHOULD ANY Of T}IE ABOVE DESqRIAEO POUCES BE CATCETIED BEFORE
THE qHRA'IOI{ DATE THEREOF, I{OTICE IIILL BE DEWERED fl
ACCOROANCE WITH THE POLrcY PROVISIOI{S.
AU![OR@O EEPTIEEI{IA'!|E
, P.rter lrIlXBIPTR 5f*/-.-<
@ 1988-20'10 ACORD CORPORATIOH. All righG reserved.
Th. 6a'alQn nrha,ha l^-a q.- .-di.aaE.l F'ik 6l AarlDh
Attachment I
Liso Phon
Absolute lnternolionol Set:uritv
861 S Ook Pcrk Rd
Covinc, CA. s1724
Re: $5,000,000 excess liobilily
Deor Liso:
Confirming cur conversotion. we
pr;lic_r, ol your request. Pleose let
{:or qirestions on lhis or ony other issue
Ihonk you.
Cotherine Bonde!
Poriner
Jomes G Porker
ore oble ic provide o $5.000.000 exc.esl
me know rrrheri ','OLt wiSh lO bind
r(l f'.tF
Attachment J
Everest Indemnity Insurance Company - Coryay Profile - Best's Credit Rating Center Page 1 of2
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Attachmen t
http://www3.ambest.com/ratings/entities/Companl,Profile.aspx?ambnum:2799&URatingl...6l24l2Al4
K
Everest National lnsurance Conrpany - Company Profile - Best's Credit Rating Center Page 2 of2
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ABSOTUTI II{TIRII,{TIOI\AT SICURI
ut :---.....'-- -..'.
FINANCIAL STABILITY STATEMENT
+t* Please be advise4 the infqmatio disclosed on this page is exfenely confidential. We are otrusting the City of
Vemon to bandle said infomation appropriatel-v.
Absolute Security International, Inc. is registered as DIINS # 828041868
Absolute Security Internafional, [nc. has shown solid financif gr6q,16 despite recent economic
conditions.
CitiBank has extended a $75,000.00 credit line as a cash flow back up.
ln previous RFP's, AIS has qualifed for bid bounds on multiple occasions.
AIS has inoeased its sales revorue by over 1507o, despite recent economic conditions.
On June 2010, AIS invested in dweloping a training facility and was approved as a Weapons
Training Center by the Califomia Department of Consumer Affairs, BSIS. AIS provided serious
investsnents to maintain all necessary tools, weapons, and taining prograrns needed to firnction
and successfirlly achiwe our goals.
By June 2012, we were awarded several accounts that require Patrol Services and increased our
Patol Fleet with additional vehicles.
Absolute Security Internetionel Inc. hereby declares lhet thc company has no record of
bsnkruptcy, pendirg titigation, planned ofEce closurcs, imponding merger, etc... that mfly
impede The Proposing Company's ability to complete tte project
Executed this 22th day of June.2015 at Covina. Califorma
Proposal for Unamted Security Guard Services for City of Vernon
All information contained on this page is subject to the restictions detailed on the footer ofthe fust page.
iililiilt!rililtiti!iiiiilfiili!1ililiil!liilliiil
October 17,2011
Joyce Tung
Absolute lntemational Security
861 South Oa-k Park Road
Covioa,CA97724
Dear -Joycc:
Thank you for renewing your CALSAGA membership' We have received your dues, atrd
your memhhip is curlent.
This letter will serve as yorrr r@eipt for your renewal dues' Please note that your
membership dues are not tax deductible as a charitable contribution. However, in
compliance with the Omnibus Budget Reconciliation Act of [993, a portion of your
CALSAGA dues (although not that portion that pays for lobbying or allocated to our
political action cornmittee) may be deducted as an ordinary and necessary business
expense. We will provide this portion, for use with your tax advisor, upon your request.
We look tbrward to working on your behalfover the next year. Please feel free to contact
CALSAGA should you have any questions concerning your membership, or if we can
ever be of assistance.
Sincerely,
,Krtnrrauaru
Kate Wallace
Membership Coordinator
CALSAGA
califomia Asso{iation of l-icensed Security Agencies, Guards & Associates
915 L Streel. # C25l SacrameDlo, CA 95814 P 916-9)0-0552 866-lt0-2551
ww.r,.calsaga-org in[o@calsaga.org
9 t 6-930-0702
Attachment
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Attachment o
C ITY OF C OVINA
125 East College Street Covina, Califomia 9 1723'21 99
tubk lydtr Wddrlbulqrun Sa fitca! Dft\$td|
lrotwrbtior Ycudt
lune 22, 201 I
fckdl0/* (626) Jlt-5520
Fttnk ft)O JEl-5577
I would like lo olTer an cnthusiastic reEommendation of our currcnl Mcfolink Sralbr security conrecro{, Ab6olute
Iotcmalional Se{urity. Absolutc bcgan scrvicc to thc City roughly two ]IEnths ago, and thcy have pSrUrcEd $'i$
the City to cran a pcrsonalizcd sccuriry shregy that has grcatly imFoved customcr sarvhr d dtc Covina Mctrolinl*
Stuion.
I panicipatcd in thc &vclopment oF s u-sining cuniculum. thc crcetion o[ pog or&rs, and in the training of
Ab6oturc's chosen persoincl for rhc assignmcnt. The slaff provided to the City by Absolutc is fi?st rare 8nd thcy
undcrstand how imponrnt il is to bc a custom€r sen ic.€ rcprcs€Jrtltivc for thc City 8nd fot Marolink. Th€ Merrolinl
commutcrs havc dcvcleed relationship6 pith thc security staff in a very short arno{nt of lime, md thc fccdbscl thal
I havc rcccived sincc Ab6olule comFicncad servic€ is rhat the change in conlractor is a siS,nificrnt cuslomer servicc
improvement for Metrolink commutcn.
Bared on rhc r6poos"s Ihlr I rcsciycd for our sccuriry RFP. I kno* thar you will find a large numbet of cager
comp&nies that can complctc thc job cffectively and professionally. I chosc Absolutc for our City tlcstrsc thcir
proposal and incwicur povcd ${ 0rcy imk thc tirnc to invctigri€ our situatifi in Covina ud tfuy camc forward
with unsolicircd suggrslbns Ulsr showcd dry wcft dcail oricntld snd commihed !o improving, thr enviroomcm. I
did not want a cornpary thrt vicwcd (rur contrect as a mutin€ clicnt dra would rcc€F mcdiocrity- I wanrcd a
cornpany thal undcrslood rhat tha) wcrr THE customer srrvicc contact al $e lBdoo snd I *antrd our commutcrs
to fecl comfortrblc thd the morEy thry illr. rnvcsting in moathly pa*ing p,crmh fccs wcrc well spcrt and .l-
inyc$rd in quality sci'vicc srd r supcrior cnvironmcnt. Thc Cit-v of Covior fivrs to b. a mod"l MGlrdir* srrrion,
and for th€ high pricts lhEt wc dtrrEe our commurcrs for pa*int it is import$l that thc clicnts rccciw urylrallrhd
s€ryice, sincc tlEy could usc thc satiors of rcErby citbs and park for frcr if thay clroosc. Absolulc undcrstood thsr.
aod thcy h8v€ madc a big diFenmc ir Forloling servicc quality sin€c rhcy arivcd.
lf you have any qrrsions, plcrs. do mr hditare ro call rne Er (626) lM-5519
Sircclelv-
OAr*,*V
Alcx Oonalcz
S€oior Mrmtcmcnt Analysr
Public Works Dcporuncnr
Cc: Mandi Tiet, Ab,soluc lntcmationel Sccuriq-
Attachment P
El Monte Union High School District
3537 Johnson Avenue . El Monte, Califromia 91731
(626) +aa-gs6t
or,rd cl torrror
,dflq ta. Go.ddL.
oldq fd[lrt
ldoc G. SolG.do
*a to
lffd AdrlrLlrelior
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Itirl lrllirg O&bl
lorlfF.
Itrl SuFid.nJ..t
Edvtaard Sorhrr
fuf. Jditgtr
Ard. ScPid.nJ.nt'
December 14.2012
To Whom lt MaY Cone€m:
It is my plcasue to recommend Absolute Security Inc- as a securiry
company. In tie'strort time that they have serviced or school district wp have
been exiremely happy with their efficiency ard proftssionalism'
They have been able to service our school disEict with little to no
pmblems and their bitling is accurate urd timely' In this day in age wten the
'-ajority of compenies have recoders to answer rhe telephone it is quite refteshing
to tqlk to a live person.
If you have any quedions, or need furtlrer information' please feel free io
contact Be at (626) 2584m5.
Sincerely,
1o,.,.,u-r'ttt75. d
Rosana Mcleod
Director of Purchasing
cc: Ma,tt Stother
Attachment p
CITY OF'COVINA
125 East College Street Covina, Califomia 9 I 723'21 99
Public lYor*s Dewri*hl
Der,e I qne n I * 11' t ce s D iv t s i otl
Trdnqbflation *oion
To Whom lt May Concem:
Telephone: 1626) 3U'5 520
Facsinile: (626) 381-5577
with
information.
The City of Covina aims to uphold a high level
that contractors to do the same. Absolute lnte
but has demonstrated that they sfive to exceed that
on is the job
helps save ti
database so
g direct rvisors Jerry Trueman and Ronald Frost and their
-to, ttl" so, and I have nothing but great things to say about,'JlS S.'[T"I5JH:,TH'"'"H:I itr#i;
recommend Absolute lntemational Security br any security needs'
lf you should have any further questions for me regardingAbsolute, please do not hesitate to contact me'
I &n be reached by pirone at 62&38+5520 or email at APerkins-Yin@covinaca gov
Sincerely,
/,t ) L, l'p"v-^f ,'-yr-.;Arw
Anne Perkins-Yin
Management AnalYst
Transportation Section
City of Covina I Public Works Department
Attachment P
BONITA {,JNIFIED SCI{OOL DISTRICf,
115 West Al€n Al/efrue San Dmm, Calilornia 91773 (909) 971{2m Fsx (909) 071't829
$Frrei
Gdy J- Rq*h - Ph D.
lrctstai $prilrubntrt b (bil - E*rcaalrd Sriros
C{rab Fi* - Hrrn8n REsD(,cEs ofl,trry'Eril
A,rt qparftg - &rtit"s8 Scn*es
August 8, 2011
Re: Absoh.rte lntemational S€curity
Ann Sparks
Assistant Superintendent
Business SeMces
BEdoaE([tc#r
cinrtc,,7€
Ghm eBrrlan
Jrn Eh
DhtDXCEd1
P?dLaau*
I am pleased to provide this letter of reommendation for Absolute lntemational Seotrity.
Bon ed with Absolute for the past fiscal year. During this time Absolute
has with night time pstrol of all of our canpuses and District ofiice and
other security assignments as needed. Du tute stafi has stlown dedication
io ,uir"qui[*tnti, professionalism in the positive rapport wlth each Fb
assignnrcnt We have fourd them to be r€liable and cooperatiive in all their duties'
Please feet free to contact ne if you have any queslions.
Sincerely,
Attachment
Ih€ Bo.rla Urfad Scioot Distit b ea oqtd Wtfrttty erplqrr' aN ttus ,to4 dfrE trhat8 on t E Odsb o, sry c5ss FoGcfd Dr/ h.,.
EXHIBIT C
SCHEDULE
18 August 2013
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EXHIBIT D
LIVING WAGE PROVISIONS
Uiq!trg!!-tlvllsi[3rcq:
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.
Paid and Unpaid Davs Off:
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
aftorney's fees, or to compel City officials to terminate the service contract of violating
employers.
19 August 2013
c
D.
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES 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 maintain 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 acc€ss to, 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 extent 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.
E.
20 August 2013
RECEIII/ED
JUL 2I 20ls
CITY CLERl{'S OFFICE
uL 2 7 20t5
ADMINISTRATIONSTAFF REPORT CII
HUMAN RESOURCES DEPARTMENT
TO:
FROM:
RE:Adoption of Cify of Vernon Personnel Policies and Procedures,
Harassment/Discrimination Free Workplace III-7 (new format) and
Voluntary Respiratory Safety Equipment - Non-Safety Personnel VI-1 (new)
Recommendation
A. Find that approval ofthe proposed personnel policy and procedures in this staff report is
exempt from California Environmental Quality Act C'CEQA') review, because it is a
general policy and procedure making activity that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute a "project" as
defined by CEQA Guidelines section 15378. Furthermore, even if it were a project,
because such activity will not have any effect on the environment, this action would be
exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have a significant effect on the
environment; and
B. Adopt the attached Personnel Policy and Procedures, Harassment{Discrimination Free
Workplace III-7 (new format) and Voluntary Respiratory Safety Equipment - Non-Safety
Personnel VI-l (new) and incorporate into the Personnel Policies and Procedures
Manual; and
C. Authorize the City Administrator and the Director of Human Resources to execute and
distribute the above-referenced policies to all employees.
Background
The Human Resources Department is responsible for maintaining and managing the City's
Personnel Policies and Procedures. Prior to 2013, a comprehensive review of the Personnel
Policies and Procedures had not been conducted in over twenty (20) years. In line with the City's
good govemance reforms, the City commenced and is continuing its comprehensive review of its
policies and procedures, including the incorporation of new policies and programs designed to
benefit the City, its employees, and surrounding communities.
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources Department
Page 1 of 2
To ensure a more effrcient and effective method in maintaining and managing the City's
personnel policies and procedures, the City Council on November 20,2012, approved Resolution
No. 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures
Manual. The manual is designed to provide a uniform and consistent system for human resource
administration throughout the City. In addition, the manual will provide employees with greater
clarity with respect to personnel policies, and promote effective communication among
managers, supervisors, and employees.
In frrtherance of the City's good govemance reform efforts, staff has presented the following
new and revised policies for consideration by the City Council and adoption into the Personnel
Policies and Procedures Manual:
o Harassment/Discrimination Free Workplace III-7 (new format) - The attached policy is
updated into the new personnel policies and procedures format.
o Voluntary Respiratory Safety Equipment - Non-Safety Personnel VI-l (new) - The
attached policy establishes guidelines for the purchase and supply ofair respirators for
employees who voluntary request to wear a respirator to increase their comfort level
when working in a non-hazardous or dusty situation even though the amount of
hazardous substance or atmospheric levels that said employees may be exposed to in the
course of their duties do not fall outside the limits set by CaIOSHA standards.
In accordance with the Meyers Milias-Brown Act, a meet and confer process on the above
policies is not necessary because they do not change the working conditions, wages or hours of
employees. The HarassmenL{Discrimination Free Workplace policy is updated to the new
format.
Fiscal Impact
There is a fiscal impact to purchase a voluntary respirator and conduct the training and annual
physical exams. The annual cost associated for each employee who voluntarily requests an air
respirator is approximately $986 and can be absorbed in the departmental line item budgets for
fiscal year 2015-2016.
Attachment(s)
l. Harassment/Discrimination Free Workplace III-7
2. Voluntary Respiratory Safety Equipment - Non-Safety Personnel VI-l
Page 2 of 2
Approved:
City of Vernon, Galifornia
Human Resources Policy and Procedure Manual
Director of Human Resources
City Administrator
Number: -IILL Eflective Date:
SUBJECT: HARASSMENT/DISCRIMINATION FREE WORKPLACE
PURPOSE:
To establish a policy regarding discriminatory and/or harassment in City employment,
and to set forth procedural guidelines for resolution of complaints of harassment.
This policy applies to all phases of the employment relationship, including recruitment,
testing, hiring, upgrading, promotion/demotion, transfer, layoff, termination, rates of pay,
benefits and selection for training.
This policy applies to all officers, elected ofiicials and employees of the City, including,
but not limited to, full{ime and part-time employees, temporary employees and persons
working under contract for the City.
POLICY:
A. Discrimination
The City of Vernon prohibits any and all types of discrimination of its employees by
other employees or any outside parties. Discrimination includes all forms of harassment
including, verbal, sexual, visual and physical as well as any form of discrimination based
upon any protected class including but not limited to: race, pregnancy, childbirth, military
leave, creed, gender, religion, color, sex, national origin or ancestry, age, medical
condition including genetic information, physical or mental disability, veteran status,
marital status or sexual orientation or any other consideration made unlawful by federal,
state, or local laws. The City also prohibits unlaMul discrimination based on the
perception that anyone who has any of those characteristics, or is associated with a
person who has or is perceived as having any of those characteristlcs. All such
discrimination is unlawful. However, it is impossible for the City to assist in the
prevention of discrimination by third parties unless an employee notifies the Director of
Human Resources, their Department Head, or supervisor of such discrimination.
lf an employee believes they have been subjected to any form of unlawful discrimination,
they are directed to submit a written complaint to the Director of Human Resources at
the City. The complaint should be specific and should include the names of the
individuals involved and the names of any witnesses. The City will immediately
Number: III-7 Effective Date:
undertake an effective, thorough, and objective investigation and attempt to resolve the
situation.
lf the City determines that unlawful discrimination has occurred, effective remedial
action will be taken commensurate with the severity of the offense. Appropriate action
will be taken to deter any future discrimination. The City will not retaliate against an
employee for filing a complaint and will not knowingly permit retaliation by
management, staff, employees or co-workers.
B. Harassment
It is the City's policy to maintain a work environment free from all forms of harassment
and to insist that all employees be treated with dignity, respect, and courtesy.
Harassment, including sexual harassment, of one employee by another employee or
supervisor is prohibited by law. The City's policy prohibits all forms of harassment and
sexual harassment. All such harassment is unlaMul.
Prohibited unlawful harassment includes, but is not limited to, the following behavior:
Verbal conducf such as epithets, derogatory jokes or comments, slurs or unwanted
sexual advances, invitations, or comments;
Visual displays such as derogatory and/or sexually-oriented posters, photography,
cartoons, drawings, or gestures;
Physical conduct including assault, unwanted touching, intentionally blocking normal
movement or interfering with work because of gender, race, or any other protected
basis;
Threats and demands to submit to sexual requests as a condition of continued
employment, or to avoid some other loss, and offers of employment benefits in return
for sexual favors; and
The City of Vernon cannot honor its commitment to maintain a work environment free of
harassment without the employees' commitment to report and notify management
immediately upon witnessing or experlencing such conduct. As an employee, you have
a role in keeping the City free from harassment. lf you believe you have been harassed
or if you become aware of an incident of harassment, immediately report the matter to
the Director of Human Resources. Your complaint should be specific and should include
the names of the individuals involved and the names of any witnesses. The complaint
will be promptly investigated in a discreet manner with information disclosed only on a
needto know basis. lnvestigation of a complaint will normally include conferring with the
parties involved and any named or apparent witnesses. The City will take all appropriate
steps, including all necessary disciplinary action, to stop the offensive or inappropriate
behavior. Appropriate action will be taken to deter any future harassment. Harassment
complaints are taken very seriously and the City wants the opportunity to resolve any
problems. An outside third party may be asked to conduct the investigation.
Number: III-7 Effective Dote:
Additionally, supervisors or managers who observe or otherwise become
harassment that violates this policy have a duty to take steps to report
harassment to his/her Director to prevent its recurrence.
The Federal Equal Employment Opportunity Commission and the California Department
of Fair Employment and Housing investigate and prosecute complaints of prohibited
harassment in employment. lf you think you have been harassed or that you have been
retaliated against for resisting or complaining, you may file a complaint with the
appropriate agency. The phone numbers for these agencies are located in the phone
book under government agencies.
Charges filed with either the California Department of Fair Employment and Housing or
the Equal Employment Opportunity Commission are investigated by that agency;
however, the Human Resources Department may also conduct a separate investigation.
G. Sexual Harassment
Sexual harassment of an applicant or employee by a supervisor, management
employee, co-worker or a non-employee at the City of Vernon, will not be tolerated.
Employees of the City of Vernon will not engage in sexual harassment. All City of
Vernon employees shall report any sexual harassment, whether directed at them or at
someone else, to the Director of Human Resources.
The City is committed to compliance with all state and federal laws relating to sexual
harassment and provides internal procedures by which allegations of prohibited conduct
are filed, investigated promptly and handled in a reasonable and fair manner.
Sexual Harassment is a form of sex discrimination that violates the law. The Fair
Employment and Housing Act (FEHA) defines sexual harassment as harassment based
on sex or of a sexual nature; gender harassment; and harassment based on pregnancy,
childbirth, or related medical conditions. Unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual
harassment when the conduct is severe and pervasive so as to explicitly or implicitly
affect an individual's employment or unreasonably interferes with an individual's work
performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to
the following:
o The victim as well as the harasser can be a woman or a man. The victim does not
have to be of the opposite sex.
o The harasser can be the victim's supervisor, an agent of the employer, a
supervisor in another area of the City, a co-worker, or a non-employee.
o The victim does not have to be the person harassed but could be anyone affected
by the offensive conduct.. Unlawful sexual harassment may occur without economic injury or discharge of
the victim.
3
aware of
any such
Number: III-7 Effective Date:
. The harasser's conduct must be unwelcome.
Sexual Harass ment is prohibited and can include the following:
. Sexual propositions.
. Sexual innuendo.. Sexually suggestive comments, epithets or slurs.. Sexually oriented teasing or kidding.. Sexually oriented jokes.
. Obscene gestures or language.. Obscene or sexually suggestive pictures or drawings.. Physical contact, such as patting, pinching or touching.
o Unwanted sexual advances.
o Offering employment benefits in exchange for sexual favors.
o Making or threatening reprisals after a negative response to sexual advances.
o Visual conduct such as leering, making sexual gestures, displaying of sexual
suggestive objects or pictures, cartoons or posters.. Verbal conduct such as making or using derogatory comments, epithets, slurs,
and jokes.
o Verbal sexual advances or propositions.
o Verbal abuse of a sexual nature such as graphic verbal commentaries about an
individual's body, sexually degrading words to describe an individual, suggestive
or obscene letters, notes, or invitations.
o Offensive gestures (including attempts to look inside an employee's clothing).. Questioning an employee about his or her sexual history or sexual practices.. Any offensive touching (i.e., touching that would be found offensive under the
circumstances by a reasonable person of the harassed employee's sex).
o Physical conduct such as touching, assault, impeding or blocking movements.
Department Heads, supervisors, managers and employees shall report any incident that
may be interpreted to constitute sexual harassment to the Director of Human
Resources. The Director of Human Resources shall commence a prompt, fair and
reasonable investigation into the allegations and shall report back to the person making
the complaints the outcome of the investigation. The Director of Human Resources shall
recommend remedial action wherever possible.
Disciplinary action, up to and including termination, will be instituted where it is
determined that any form of sexual harassment occurred. Disciplinary action shall be
consistent with the nature and severity of the offense, the rank of the harassinS party,
and any other factors relating to the fair and efficient administration of the City's
operations.
Every effort will be made to protect the privacy of parties involved in a complaint. Files
pertaining to complaints will not be made available to the general public.
All employees, supervisors and managers shall be sent copies of this Policy, and this
Policy shall be given to each new employee in their orientation packet.
4
Number: III-7 Efective Date:
Sexual harassment, as defined above, violates Title Vll of the Civil Rights Act of
1964, the California Government Code, and regulatory guidelines of the Equal
Employment Opportunity Commission, and of the California Fair Employment and
Housing Commission. Employees should understand that the City considers
violations of this Policy to be serious matters and that, although disciplinary action
will be calculated to end harassment, employees may be terminated for sexual
harassment.
D. lnvestioation
Upon the filing of a complaint with the City, the complainant will be provided with a
copy of this policy. The Human Resources Department is the department
designated by the City to investigate complaints of harassment. However, the
Human Resources Director may delegate the investigation to an outside agency. ln
the event the harassment complaint is against the Human Resources Director, an
investigator shall be appointed by the City Administrator and/or City Attorney.
Based upon the investigation and any other relevant information, the investigator
shall, within a reasonable period of time, determine whether the conduct of the
person against whom a complaint has been made constitutes harassment. ln
making that determination, the investigator shall look at the record as a whole and at
the totality of circumstances, including the nature of the conduct in question; the
context in which the conduct, if any occurred; and the conduct of the person
complaining of harassment. The determination of whether harassment occurred will
be made on a case-by-case basis by the investigator.
PROCEDURE:
Responsibility
Employee
Department head/Supervisor
Human Resources Director
1.
5.
Action
Notifies supervisor and/or Human
Resources Director of complaint.
Notifies Human Resources
Department of complaint.
Obtains factual written statement of
the complaint.
ln consultation with the City
Administrator and City Attorney
assigns either an internal or external
person to conduct the investigation of
complaint.
Conducts investigation by
interviewing complainant, accused,
2.
e
4.
Human Resources Staff/l nvestigator
5
Human Resources Director
City Administrator
Department Head
Number: III-7 Efective Date:
witnesses and supervisor as
appropriate.
Reviews factual information collected
and recommendations made.
Provides investigation report to the
City Administrator and City Attorney.
Determine whether the conduct of the
person against whom a complaint has
been made constitutes harassment.
lf a complaint of harassment is found,
recommends immediate and
appropriate disciplinary action and/or
remedial action to the City
Administrator.
Authorizes appropriate and timely
action.
9. Takes appropriate and timely action.
6.
7.
9.
6
City of Vernon, California
Human Resources Policies and Procedures
Director of Human Resources
City Administrator
Number: !!.1 Effective Date:
SUBJECT: VOLUNTARY RESPIRATORY SAFETY EQUIPiTENT - NON-SAFETY
PERSONNEL
PURPOSE:
To ensure the safe and proper use and maintenance of respirators that are not required under
the hazardous exposure limits set by OSHA standards and the training of employees who
voluntarily request them. To ensure that the appropriate certified respirator is selected for use to
protect against the contaminant of concern.
This policy does not apply to the use of filtering face piece{ype respirators (dust masks).
POLICY:
With the exception of Police and Fire safety personnel, no employee shall be required to perform
or enter areas where (1) engineering control measures are not functional, (2) the employee is
required to wear a respirator in order to perform such work, or (3) the atmosphere is otherwise
highly hazardous or immediately dangerous to life or health.
The City ensures the safety and well-being of its employees and has determined that at this time
there is no work performed that would require the use of a respirator to perform the essential
functions of City job tasks (excluding Safety) in accordance with California Code of Regulations
(CCR), Title 8, Section 5144.
Employees shall refrain from entering any work area or shall immediately evacuate to a safe area
and call the Fire Department when engineering controls are not sufficient to reduce respiratory
hazards, or atmospheres exceed or fall below exposure limits established by OSHA. Employees
shall not enter a work site or perform work until the hazardous situation has been mitigated and
safe entry has been established by the Fire Department Hazmat Specialist Team or appropriate
designated agency.
However, the City shall consider the purchase and supply of air respirators for employees who
want to voluntarily wear a respirator to increase their comfort level when working in a non-
hazardous or dusty situation even though the amount of hazardous substance or atmospheric
levels that said employees may be exposed to in the course of their duties do not fall outside the
limits set by OSHA standards. ln these voluntary requests, the department head in consultation
with the Human Resources Department shall consider the request and, where appropriate,
provide the employee(s) with a respirator to add an additional level of comfort and protection.
Number ; lll Efective Date:
A. RespiratorSelection
Each department shall determine which respirator is most appropriate for the contaminant's
physical form and chemical state and the conditions under which the respirator will be used. All
respirators will be selected on the basis of how it will increase the employee's level of comfort
when working in a non-hazardous situation. Only MSHA/NIOSH/NLPA Certified respirators will
be selected and used.
Respirators must not, to any hazardous degree, impair an employee's vision or hearing or
interfere with communication, which can often be critical in performing a job safely.
B. Medical Evaluations
Prior to the use of a respirator, the Human Resources Department shall be responsible for
scheduling and coordinating respirator users to be medically evaluated by the City's designated
licensed health care professional (LHCP). The medical evaluation shall be at no cost to the
employee.
Additional medical evaluations may be required when:
1. An employee reports medical signs or symptoms related to his or her ability to use a
respirator.
2. The LHCP, department head or supervisor recommends re-evaluation.
3. lnformation from the respirator program, including observations made during fit testing
and program evaluation, indicates a need.
4. Change occurs in workplace conditions that may substantially increase the physiological
burden on an employee
C. Fit Testinq
Each employee shall be provided a fit test administered by an OsHA-accepted Qualitative fit test
(QLFT) or a Quantitative fit test (QNFT) protocol, as contained in CCR, Title 8, Section 5144,
Appendix A, Fit Testing Procedures (mandatory). The primary purpose of a fit test is to identify
the specific make, model, style and size of the respirator that is best suited for each employee.
The fit test provides an opportunity to check for problems with respirator use and reinforces
respirator training by giving employees an opportunity to review the proper methods for putting
on and wearing the respirator.
Fit testing is required before the initial use of a respirator, whenever an employee uses a different
respirator face piece, and at least once annually. An additional fit test is required whenever the
employee reports changes or the employer or LCHP observes changes in the employee's
physical condition that could affect respirator fit (i.e., facial scarring, dental changes, cosmetic
surgery, or an obvious change in body weight).
2
Number: lll Efective Date:
Employees who voluntarily request the use of a respirator will receive no additional benefit from
the City. Those employees who choose not to use a voluntary respirator will not be adversely
impacted by the City. Under the voluntary program, there is no interest by the City whether an
employee chooses to use or not use a voluntary respirator.
D. Use of Resoirators
Once the respirator has been properiy selected and fit tested, it is necessary to ensure that the
respirator is used properly in the workplace. Employees and supervisors should be aware of the
following situations that can compromise the effectiveness of respirators and jeopardize
employees' protection.
1. The person wearing the respirator fails to properly perform seal checks.
2. The person wearing the respirator is also using personal protective equipment or other
equipment that interferes with the faceto-face piece seal.
3. The respirator is not properly repaired, and its defective parts are not replaced.
4. Modifications are made to the respirator, or non-approved replacement parts are used.
Employees who have facial hair or any condition that interferes with the face{o face piece seal
or valve function may not use tight-fitting respirators-
E. Maintenance and Care of Respirators
Each department shall designate a staff responsible for the maintenance and care of the
department's voluntary respirators. The designated staff shall ensure each respirator user is
provided with a respirator that is clean, sanitary, and in good working order. To ensure that the
respirator remains serviceable and delivers effective protection, each department shall have a
Respiratory Protection Safety Equipment Maintenance Program in place before respirators are
used in the workplace. All maintenance programs are required to include information about:
'1 . Cleaning and disinfecting procedures
2. Proper storage
3. lnspections for defects before each use and during cleaning of a respirator
4. Repair methods.
Cleaning and disinfecting respirators shall be in accordance with the following intervals:
'1. Exclusive use respirators - as often as necessary to maintain a sanitary condition.
2. Shared respirators - before being worn by different persons.
J
Number: !!-l Efective Dqte:
Emergency-use respirators - after each use.
Respirators used in fit testing and training - after each use.
Traininq
Respirator users shall be instructed and trained in the proper use and limitations of respirators.
Each user shall be trained and must demonstrate an effective knowledge in the following areas:
1 . How improper fit, use, or maintenance can compromise the protective effectiveness of the
respirator.
2. The capabilities and the limitations of the respirator.
3. How to inspect, put on, remove, and use the respirator and how to check the seals.
4. Procedures for maintaining and storing a respirator.
5. Recognition of the medical signs and the symptoms that may limit or prevent an
employee's effective use of a respirator.
6. General requirements of the respirator regulation.
An employee must be trained before he or she can use a respirator unless proof of acceptable
training within the past twelve ('t 2) months can be provided. Retraining is required at least
annually and when workplace conditions change, when new types of respirators are used, or
when inadequacies in the employee's knowledge or use of respirators indicate a need for more
training.
PROCEDURE:
Responsibility
Employee
Action
1. Refrain from entering any hazardous work
area or immediately evacuate to a safe
area and call the Fire Department when
engineering controls are not sufficient or
atmospheres fall or exceed exposure
limits established by OSHA.
2. Request a voluntary respirator when there
is a concern of comfort.
3. ln consultation with the Human Resources
Department, considers employee's(s')
request and if approved, coordinates
Department Head
3.
4.
4
Human Resources Department
Department Head or designee
Department Designee
Employee
4.
o
10.
7.
Num ber : lll Efect iv e Dot e :
medical evaluation with Human
Resources Department.
Provides necessary examination
questionnaire and medical forms to
employee and schedules medical
evaluation with the City's designated
licensed health care professional.
Coordinates a fit test administered
pursuant to an OSHA-accepted
Qualitative fit test (QLFT) or a Quantitative
fit test (QNFT) protocol
Develops a Respiratory Protection Safety
Equipment Maintenance Program and
designates staff responsible for the
maintenance, care, logging and tracking
of each respective department's
respirators.
Ensure that each respirator user is
provided with a respirator that is clean,
sanitary, and in good working order.
Ensure that the respirator remains
serviceable and delivers effective
protection.
Ensure that each respirator user receives
a copy of the department's Respiratory
Protection Safety Equipment Maintenance
Program and sign for its receipt.
Reads and follows all instructions
provided under the Department's
Respiratory Protection Safety Equipment
Maintenance Program on use,
maintenance, cleaning and care, and
warnings regarding the respirators'
limitations.
Keeps track of respirator so that he/she
does not mistakenly use someone else's
respirator.
Participates in annual fit testing and
training.
11.
12.
q
RECEEVED
JUL 2I 2015
CIIY CLERt('S OFFICE
STAFF REPORT CITY
VERNON POLICE DEPARTMENT
DATE: August 4,2015
FROM:
RE:
Honorable Mayor and City Council
Daniel Calleros, Police Chief f/-
Donation of 2005 Chery Tahoe to the City of San Fernando Police
Department Reserve Officer Program
Recommendation
A. Find that approval ofthe proposed donation is exempt under the Califomia Environmental
Quality Act (CEQA) in accordance with Section 15061OX3), the general rule that CEeA
only applies to projects that may have an effect on the environment.
B. Authorize the donation ofa surplus 2005 Chery Tahoe Patrol Vehicle, to be conveyed to
the City of San Femando Police Department Reserve Officer Program.
C. Enter into a donation and release agreanent, in substantially the same form as submitted
herewith, with the City of San Femando Police Departrnent, to use and retain as needed by
the Reserve Police Officer Program.
Background
The Vemon Police Departrnent ('VPD") conducted an assessment of the patrol vehicle fleet and
identified patrol unit #92, a 2005 chevy Tahoe, for surplus. The patrol vehicle has been in use
for patrol purposes for well over ten years and surpassed the 100,000 mileage range . Although
the patrol vehicle has accumulated wear and tear over the years given the 2417 use, it is suitable
for refurbishing purposes.
Staff from the city of San Femando Police Department Reserve ofEcer program expressed
interest in utilizing the surplus vehicle for refurbishing purposes. The resen/e officer program is
experiencing a shortage of pahol vehicles and has limited funding to purchase new patrol
vehicles.
Page 1 of2
The proposed donation of the surplus vehicle to the City of San Femando Police Department
Reserve Officer Program will serve as a municipal purpose and will provide the necessary
resource to enhance the program given the limited funding for patrol vehicles. Once the patrol
vehicle is refurbished, it will be utilized by reserve police officers assigned to patrol duties.
Fiscal Impact
There is no fiscal impact associated with the proposed donation.
Attachment(s)
None
Page 2 of 2
RECE[\'ED
JUL 2I 2015
CITY CLERK'S OIFICE STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DEPARTMENT
August 4, 2015
Honorable Mayor and City Council
4U
Samuel Kevin Wilson,'Director of Public Works, Water & Development Services
Originator: Lissette Melendez, Associate Engin*r fu
S-Year Capital Improvement Plan 2Ol5-2O20
RECEIVED
JUL 2 I 20t5
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
Recommendation
A. Find that review of the proposed 5-Year Capital knprovement Plan FY 2015-20 is not a
project pursuant to the Califomia Environmental Quality Act (CEQA) Guidelines section
15378(b) because such activity has no potential for resulting in any change (direct or indirect,
physical or otherwise) in the environment, is purely administrative in nature and concerns
general government fiscal activity that does not involve any commitment to any specific
project; and
B. Review and provide direction and comments regarding the proposed 5-Year Capital
Improvement Plan.
Backsround
The Capital Improvement Plan (CIP) presents the City's proposed improvements projects for the
next five fiscal years. The purpose of developing and biannually updating the 5-year capital
improvement plan is to plan, prioritize and budget expenditures as well as to inform the community
of upcoming projects in the City.
Developed by the Public Works, Water and Development Services Department, the CIP is intended
to be a flexible document that considers the City's needs of improvements to its infrastructure as
well as strategic direction relating to funding for the proposed projects. The proposed
improvements are divided into six categories including Street, Storm Drain, Sewer, Traffic, City
Buildings, Bridges and Water. The estimated fiscal impacts of the proposed projects are outlined in
the plan.
Fiscal Impact
Review of the 5-Year Capital Improvement Plan has no immediate fiscal impact. The plan
prioritizes the infrastructure projects needed and anticipates the financial investment necessary to
fund the projects.
Attachment(s)
l. 5-Year Capital Improvement Plan 2Ol5 -2O20
City of Vernon
Public Works, Water & Development Services
Five-Year
Capital Improvement Plan
2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 i
Table of Contents
Section Description Pg.
Executive Summary …………………………………………………………………
1
1. Street Improvement Plan ………………………………………………………………… 3
2. Storm Drain Improvement Plan ………………………………………...……………… 8
3. Sewer Improvement Plan ………………………………………...……………… 11
4. Traffic Signal Improvement Plan ………………………………………...……………… 13
5. Improvement of City Buildings ………………………………………...……………… 15
6. Bridge Improvement Plan ………………………………………...……………… 17
7. Water Improvement Plan ………………………………………………………………… 19
8.
Appendixes
Appendix “A” –
Appendix “B” –
Paving History Map
Fiscal Year Improvement Map
Appendix “C” –
Street Surface Evaluation 2015
Appendix “D” –
Cost Estimates
Appendix “E” –
Cost Estimates
Water Improvements Details
City of Vernon | Capital Improvement Plan 2015-2020 1
Executive Summary
The Engineering Division proposes the following capital improvement expenditures for the
five-year period of 2015-2020. The improvements are divided into six categories including Street,
Storm Drain, Sewer, Traffic, City Buildings, and Bridges. The fiscal impacts are summarized in the
table below.
FIVE-YEAR CAPITAL IMPROVEMENT PLAN SUMMARY
Fiscal Year Pavement &
Concrete
Storm
Drain Sewer Traffic City
Buildings Bridge Subtotal
per Year
Adjusted
Subtotals for
5.0% Inflation
FY 2015-2016 $3,150,000 $324,600 $0 $255,000 $835,000 $277,745 $4,842,345 $5,084,462
FY 2016-2017 $2,650,000 $575,000 $0 $215,000 $620,000 $0 $4,060,000 $4,476,150
FY 2017-2018 $2,950,000 $715,000 $0 $200,000 $200,000 $0 $4,065,000 $4,705,746
FY 2018-2019 $3,480,000 $175,000 $0 $100,000 $150,000 $520,050 $4,425,050 $5,378,676
FY 2019-2020 $3,350,000 $175,000 $0 $100,000 $150,000 $802,900 $4,577,900 $5,842,689
Subtotal= $15,580,000 $1,964,600 $0 $870,000 $1,955,000 $1,600,695 $21,970,295 $25,487,723
Total Adjusted for
5.0% Inflation $18,149,624 $2,238,532 $0 $985,491 $2,165,593 $1,948,482 $25,500,000
Average/year= $3,630,000 $448,000 $0 $197,000 $433,000 $390,000
This report also includes information relating to the Water Division’s five-year outlook as
summarized below.
FIVE-YEAR WATER CAPITAL
IMPROVEMENT PLAN SUMMARY
2015-2016 $ 2,280,000.00
2016-2017 $ 1,380,000.00
2017-2018 $ 1,690,000.00
2018-2019 $ 1,730,000.00
2019-2020 $ 2,690,000.00
TOTAL: $ 9,770,000.00
City of Vernon | Capital Improvement Plan 2015-2020 2
Pavement/Concrete
49.2%
Storm Drain 6.1%Sewer
0%
Traffic
2.7%
City Buildings
5.9%
Bridge
5.3%
Water
30.9%
5-Year CIP Distribution of Funds $36,895,582 (5% Inflation)
Note: Water estimates not included in the graph above
City of Vernon | Capital Improvement Plan 2015-2020 3
Street Improvement Plan
Fiscal Years 2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 4
1.0 Street Improvement Plan
1.1 Introduction:
Various factors shape the prioritization of the street improvement five-year plan including:
Safety Related Improvements
Examples include bridges rehabilitations, trip hazards, and streets that have begun to
pothole. Projects where safety becomes an issue have priority.
Pavement Management Program
As part of a previously established Pavement Management Program (PMP) for all the
City’s streets, all City streets are surveyed bi-annually and the pavement inventory and
pavement condition data is updated. Pavement maintenance and rehabilitation historical
records have also been entered into the database. A pavement maintenance and
rehabilitation (M&R) budget-needs analysis is performed and budgetary scenarios are
analyzed.
In April 2015, the City’s Engineering Division completed the latest survey of all the City
streets, which contains approximately 49.1 centerline miles. The pavement inventory and
pavement condition data was updated. The updated data was used as the basis for the
street improvement five-year plan where projects are selected for implementation and
must be cost-effective from a lifecycle perspective. The recommendations listed in this
section are based on this latest analysis.
Capital Improvement Funding
Other factors that shape the street improvement five-year plan include strategic direction
relating to Capital Improvement funding. Currently, this has been established at $4 to $5
million per year. From this amount, depending on other types of Capital Improvement
Projects (such as buildings, bridges and sidewalk repair), funds will be allocated for street
improvements.
1.2 Existing Conditions:
The City of Vernon is responsible for the repair and maintenance of approximately 49.1
centerline miles of pavement, or 302 pavement sections. Table 1 below summarizes the lengths of the
road network based on functional classes.
Network Classification for the City of Vernon
Functional Class Centerline Miles Lane Miles
Arterial 15.8 57.3
Collector 13.5 41.2
Local 19.8 38.8
Total 49.1 137.3
City of Vernon | Capital Improvement Plan 2015-2020 5
The pavement condition index, or PCI, is a measurement of pavement grade or condition and ranges
from 0 to 100. A newly constructed road would have a PCI of 100, while a failed road would have a
PCI of 10 or less. The average PCI of the City’s roads is 58. Table 2 gives a summary of the network
pavement condition based on the April 2015 survey.
Condition Category PCI Range Percent of Network
Good 70-100 31.3%
Fair 50-69 35.9%
Poor 25-49 29.3%
Very Poor 0-24 3.5%
As shown in the above tables, pavement condition categories are determined by PCI. Following is a
brief description of the various condition categories.
Good: PCI – 70 to 100. No distress to low severity weathering requiring no treatment or low severity
weathering with linear cracking requiring a treatment such as slurry seal.
Fair: PCI – 50 to 69. Low to moderate severity weathering with moderate cracking requiring a thin
overlay or patch & slurry seal.
Poor: PCI – 25 to 49. Accelerated base deterioration requiring thick overlay.
Very Poor: PCI – 0 to 24. Badly deteriorated pavement requiring major rehabilitation.
The Engineering Division goal is to obtain and maintain an average PCI rating of 75.
1.3 Rehabilitation Strategy:
Though the current average condition of the City of Vernon’s streets falls within the “Fair”
section, there is a significant portion of the network that suffers from load-related distresses. In
addition, there is currently a backlog of millions of dollars in maintenance. If these issues are not
addressed, the quality of the road network will inevitably and rapidly decline. Furthermore, as the
graph below shows, pavement life can deteriorate rapidly and subsequent rehabilitation costs can
dramatically increase if maintenance strategies are not in place.
Time
(Cost per square yard)
Preventive
Maintenance
Good
Fair
Poor
Excellent
Reconst.
Thick
Overlay
Thin Overlay
The map on Appendix “A” shows the history of type of street improvement projects completed in previous
years.
City of Vernon | Capital Improvement Plan 2015-2020 6
1.4 Fiscal Impact
The Pavement Management System established preliminary budgetary needs necessary to
maintain an average pavement condition index (PCI) rating in the “Fair” range for $4 to $5 million
per year including the estimated values to account for other items of work such as concrete,
landscaping, etc.
FISCAL
YEAR PAVEMENT & CONCRETE PROJECTS TOTAL
COST
2015-2016
Slauson Ave. (Boyle - Downey) $1,200,000
Boyle Avenue (Slauson - City Limit) $300,000
Downey Rd. Resurfacing (LA River - Fruitland Ave.) $800,000
District Blvd. (250ft Sections E/O Atlantic) $100,000
Heliotrope (District - City Limit) $100,000
Citywide Concrete Repair (2015-2016) Phase I $50,000
Citywide Concrete Repair (2015-2016) Phase II $50,000
Citywide Crack Seal Repair (2015-2016) $50,000
Citywide Rubberized Slurry Seal Phase III $500,000
Subtotal $3,150,000
2016-2017
Soto St. Resurfacing ( LA River - South City Limit) $2,000,000
Citywide Crack Seal Repair (2016-2017) $50,000
Citywide Rubberized Slurry Seal Phase IV $600,000
Subtotal $2,650,000
2017-2018
1st, 2nd, 53rd, 54th, 55th, 56th, & 57th $1,125,000
26th, 30th, 45th, 46th, Hawthorne, Sierra Pine, Saint
Charles & Hampton $1,175,000
Citywide Concrete Repair (2017-2018) Phase III $50,000
Citywide Rubberized Slurry Seal Phase V $600,000
Subtotal $2,950,000
2018-2019
Washington Blvd. Resurfacing (Within City Boundary) $1,700,000
Exchange Ave. & Everett Ave. $1,130,000
Citywide Concrete Repair (2019-2020) Phase IV $50,000
Citywide Rubberized Slurry Seal Phase VI $600,000
Subtotal $3,480,000
2019-2020
Bandini Blvd. (LA River - County Line) $1,250,000
Bandini Blvd. (Downey Rd - Bonnie Beach) $2,050,000
Citywide Concrete Repair (2019-2020) Phase V $50,000
Subtotal $3,350,000
TOTAL $15,580,000
Total Adjusted for 5.0% Inflation: $18,149,624
Average Per Year $3,630,000
The map in Appendix “B” illustrates the limits of the street improvement projects.
City of Vernon | Capital Improvement Plan 2015-2020 7
Fiscal Year RUBBERIZED SLURRY SEAL PROJECTS Total
Budget
2015-2016
PHASE III $500,000
Vernon Ave. (Alameda to Santa Fe)
38th St. (Alameda to Santa Fe)
49th St. (Alameda to Santa Fe)
Malburg Way (Alcoa to Slauson)
2016-2017
PHASE IV $600,000
Vernon Ave. (Soto to Downey)
Alcoa Ave. (Fruitland to Slauson)
37th St. (Alameda to LA River)
2016-2017
PHASE V $600,000
Various Streets
2017-2018
PHASE VI $600,000
Various Streets
2019-2020
PHASE VII $600,000
Various Streets
TOTAL $2,900,000
City of Vernon | Capital Improvement Plan 2015-2020 8
2.0 Storm Drain Improvement Plan
Fiscal Years 2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 9
2.0 Storm Drain Improvement Plan
2.1 Introduction
In 1969, a Storm Drain Master Plan (SDMP) was developed by the City of Vernon.
This study investigated the total drainage area for the City. The capacity of all existing drains
was reviewed and the deficiencies were evaluated. Also, new drainage systems were proposed
where drainage conditions warrant.
Although this SDMP is 46 years old, drainage patterns have not dramatically changed
since then. Therefore, the 1969 SDMP continues to be used as a guide for the five-year plan.
However, the City might choose to consider issuing a request for proposals to update the City’s
SDMP.
2.2 Improvement Strategy
The new proposed storm drain segment on 57th Street shown on the table in Section 2.4
is the last of the drainage systems proposed by the Storm Drain Master Plan. This segment is
illustrated on the map in Appendix “B” and shown on the table in section 2.4 below.
2.3 Studies for NPDES Structural Regional Best Management Practices
The Municipal National Pollutant Discharge Elimination System (NPDES) Permit places an
emphasis on coordination of resources and efforts between Permittees such as integrated watershed
planning. In
an effort to comply with the Municipal NPDES Permit the City of Vernon joined in with
neighboring cities to prepare and submit planning documents to the Los Angeles Regional Water
Quality Control Board. The objective of the planning documents is to identify structural and non-
structural Best Management Practices (BMPs) and meet the goals of the NPDES program.
The planning documents concluded that in order to meet the goals of the NPDES program
the City must implement costly new pollutant source and watershed control measures (including
Minimum Control Measures), Low Impact Development (LID) and Green Street projects, scientific
studies, enforcement, and structural regional Best Management Practices (BMPs).
Technical feasibility studies to determine the feasibility of the regional structural BMP
projects is an essential component of the regional structural BMP projects identified in the
planning documents.
City of Vernon | Capital Improvement Plan 2015-2020 10
2.4 Fiscal Impact
Using the quantities noted in the 1969 SDMP and today’s construction unit prices, the
following estimate was generated.
Fiscal Year STORM DRAIN PROJECTS Total Cost
City of Vernon Federal
Funds &
Gateway
Cities
Matching
%
Matching
Funds
2015-2016
Studies for NPDES Structural Regional BMPs $100,000 100% $100,000
LID BMPs Project - 2 Treebox filters $149,600 27.3% $40,836 $108,764
Catch Basin Inserts $75,000 100% $75,000 $0
Subtotal $324,600 $324,600 $108,764
2016-2017
Soto St. - LID Streets (LA River - Fruitland) $400,000 100% $400,000 $0
Studies for NPDES Structural Regional BMPs $175,000 100% $175,000 $0
Subtotal $575,000 $575,000
2017-2018
57th Street Storm Drain Construction $540,000 100% $540,000 $0
Studies for NPDES Structural Regional BMPs $175,000 100% $175,000 $0
Subtotal $715,000 $715,000
2018-2019 Studies for NPDES Structural Regional BMPs $175,000 100% $175,000 $0
Subtotal $175,000 $175,000
2019-2020 Studies for NPDES Structural Regional BMPs $175,000 100% $175,000 $0
Subtotal $175,000 $175,000
Total $1,964,600 $1,964,600 $108,764
Total Adjusted for 5.0% Inflation: $2,238,532
Average Per Year $448,000
City of Vernon | Capital Improvement Plan 2015-2020 11
3.0 Sewer Improvement Plan
Fiscal Years 2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 12
3.0 Sewer Improvement Plan
3.1 Introduction:
In 2005, the City of Vernon completed improvements to the sewer network in the Central
Manufacturing District with the installation of 6,000 linear feet of sewer.
For future projects, the City will consider using the previously used method of utilizing
trenchless manhole-to-manhole pipe lining & sectional linings (point repairs) with cured-in-place pipe
(CIPP) in lieu of traditional excavate, remove and replace existing pipe method. The cost difference in
methods is substantial.
The City does not have any sewer improvement projects scheduled in the next five fiscal years.
Fiscal
Year Proposed Sewer Projects Cost
2015-2016 None $ -
2016-2017 None $ -
2017-2018 None $ -
2018-2019 None $ -
2019-2020 None $ -
Total $ -
Total Adjusted for 5.0% Inflation $ -
Average per year $ -
City of Vernon | Capital Improvement Plan 2015-2020 13
4.0 Traffic Improvement Plan
Fiscal Year 2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 14
4.0 Traffic Improvement Plan
4.1 Introduction:
The City retained Republic Intelligent Transportation Services, Inc. (ITS) to conduct a citywide
condition survey of Vernon’s Traffic Signal system. Based on the survey a prioritized list was
developed of signalized intersections that need improvements and/or repairs.
The table below shows the signalized intersections proposed to be improved within the next five
fiscal years. The locations are also illustrated in the map shown in Appendix “B”.
4.2 Fiscal Impact:
FISCAL
YEAR TRAFFIC IMPROVEMENT PROJECTS TOTAL
COST
2015-2016
Intersection Improvements - Slauson @ Alcoa $30,000
Intersection Improvements - Bandini @ I-710 Ramp $50,000
Intersection Improvements - Santa Fe @ 28th St. $50,000
Intersection Improvements - Downey @ Vernon $50,000
Sign Replacement Program - Section 2 $50,000
Warning Devices $25,000
Subtotal $255,000
2016-2017
Intersection Improvements - Soto @ Vernon $50,000
Intersection Improvements - Soto @ Leonis $40,000
Intersection Improvements - Soto @ Fruitland $50,000
Sign Replacement Program - Section 3 $50,000
Warning Devices $25,000
Subtotal $215,000
2017-2018
Intersection Improvements - Fruitland @ Pacific $50,000
Intersection Improvements - Pacific @ Leonis $50,000
Intersection Improvements - Bandini @ Sierra Pine $50,000
Sign Replacement Program - Section 4 $50,000
Subtotal $200,000
2018-2019
Intersection Improvements - Washington @ Hobart $50,000
Intersection Improvements - Various Intersections $50,000
Sign Replacement Program - Section 5 $50,000
Subtotal $100,000
2019-2020
Intersection Improvements - Bandini @ Sunol $50,000
Sign Replacement Program - Section 6 $50,000
Subtotal $100,000
Total $870,000
Total Adjusted for 5.0% Inflation $985,491
Average per year $197,000
City of Vernon | Capital Improvement Plan 2015-2020 15
5.0 Improvements of City Building Facilities
Fiscal Years 2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 16
5.0 Improvements of City Building Facilities
5.1 Introduction:
The City owns a variety of building facilities including, four fire stations, City Hall, and several
housing units. City hall is comprised of the City Council Chamber, the police department, the public
works warehouse, garage, and a two-story parking structure. While the City has staff to provide routine
maintenance, there are significant improvements that are needed to preserve and retain the useful
serviceability of the building faculties.
The City of Vernon will be administering the following City Building Improvement Projects in
the next 5 fiscal years.
FISCAL
YEAR CITY BUILDING PROJECTS TOTAL COST
2015-2016
City Hall Main Roof $ 120,000
Fire Station Repairs $ 150,000
Remodel of Four Homes $ 450,000
City Housing (Various Improvements) $ 75,000
Paint City Hall Structure $ 40,000
Subtotal $ 835,000
2016-2017
Fire Station Repairs $ 150,000
Remodel of Three Homes $ 330,000
Seal Parking Structure Deck $ 100,000
City Hall Elevator - Electronics Replacement $ 40,000
Subtotal $ 620,000
2017-2018
Fire Station Repairs $ 150,000
Paint City Hall Structure $ 50,000
Subtotal $ 200,000
2018-2019 Fire Station Repairs $ 150,000
Subtotal $ 150,000
2019-2020 Fire Station Repairs $ 150,000
Subtotal $ 150,000
Total $ 1,955,000
Total Adjusted for 5.0% Inflation $ 2,165,593
Average per year $ 433,000
City of Vernon | Capital Improvement Plan 2015-2020 17
6.0 Bridge Improvement Plan
Fiscal Years 2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 18
6.0 Bridge Improvement Plan
6.1 Introduction:
The City owns and maintains six of the fifteen bridges within the City limits. All the bridges in
the City are inspected every two years by the County of Los Angeles Department of Public Works as in
accordance with the law. The inspections report bridge conditions and ratings, which the City uses to
prioritize bridge improvements. The following two bridges are scheduled to be rehabilitated during the
next five years:
1. The Atlantic Blvd. Bridge over the Los Angeles River
2. The 26th Street Bridge over the Los Angeles River
The City obtained Federal Funding for up to 88.53% of the proposed bridge improvement costs
through the Highway Bridge Program (HBP). Authorized by the US Congress through the Safe,
Accountable, Flexible, and Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU),
the HBP will help the City provide the necessary improvements needed to rehabilitate the Atlantic Blvd
and 26th Street bridges.
The planned construction time periods and costs of these bridges are shown in the table below
as well as in the map in Appendix “B”.
Fiscal
Year Bridge Project Description Total Cost
Matching Funds Highway
Bridge
Program
Funds
%
Matching
City of
Vernon
Measure R
Funds
2015-2016
Atlantic Blvd. Bridge - Design
(over the LA River) $ 350,000 20.0% $ 70,000 $ 280,000
Atlantic Blvd. Bridge - R/W
(over the LA River) $ 1,811,200 11.47% $ 207,745 $ 1,603,455
Subtotal $ 2,161,200 $ 277,745 $ 1,883,455
2016-2017
Atlantic Blvd. Bridge -
Construction (over the LA River) $ 4,217,000 11.47% $ 484,000 $ 3,733,000
Subtotal $ 4,217,000 $ 484,000 $ 3,733,000
2017-2018
Atlantic Blvd. Bridge-
Construction (over the LA River) $ 8,433,000 11.47% $ 967,000 $ 7,466,000
Subtotal $ 8,433,000 $ 967,000 $ 7,466,000
2018-2019
Atlantic Blvd. Bridge-
Construction (over the LA River) $ 8,433,000 11.47% $ 348,000 $ 619,000 $ 7,466,000
26th Street Bridge - Design &
R/W (over the LA River) $ 1,500,000 11.47% $ 172,050 $ 1,327,950
Subtotal $ 9,933,000 $ 520,050 $ 619,000 $ 8,793,950
2019-2020
26th Street Bridge - Construction
(over the LA River) $ 7,000,000 11.47% $ 802,900 $ 6,197,100
Subtotal $ 7,000,000 $ 802,900 $ 6,197,100
Total $ 31,744,200 $ 1,600,695 $2,070,000 $ 28,073,505
City of Vernon | Capital Improvement Plan 2015-2020 19
7.0 Water Improvement Plan
Fiscal Years 2015-2020
City of Vernon | Capital Improvement Plan 2015-2020 20
7.0 Water Improvement Plan
7.1 Introduction:
The City of Vernon will be completing the following water improvements over the
next five years. Appendix “D” highlights in detail the project listed in the table below.
Fiscal
Year Water Project Description Total Cost
2015-2016
Equipping Well No. 21 & Related Site Work $ 1,400,000
Well No. 11 Rehabilitation $ 260,000
Well No. 20 Rehabilitation $ 260,000
Reservoirs 3-1, 3-2 & 3-3 Rehabilitation - Engineering $ 100,000
Booster Pumps - Refurbish $ 90,000
Well No. 5 - Destroy $ 100,000
Pump House 2 Exterior & Interior Refurbishment $ 40,000
Plant No.2 & Well No. 19 - Fence Replacement $ 30,000
Subtotal $ 2,280,000
2016-2017
Well No. 17 Rehabilitation - Well Pedestal $ 260,000
Well No. 15 Pump/Motor Replacement - Well Pedestal $ 130,000
Booster Pumps - Refurbish $ 90,000
Reservoirs 3-1, 3-2 & 3-3 Rehabilitation $ 700,000
Design of Closed Water System Phase I $ 200,000
Subtotal $ 1,380,000
2017-2018
10 Million Gallon Reservoir Interior Rehabilitation $ 200,000
Reservoirs 2-1, 2-2, 2-3 Rehabilitation - Engineering $ 100,000
Booster Pumps - Refurbish $ 90,000
Closed Water System Phase I $ 1,300,000
Subtotal $ 1,690,000
2018-2019
Packers/Exchange/Downey - Pipeline Extension $ 100,000
Reservoirs 2-1, 2-2, 2-3 Rehabilitation $ 700,000
Booster Pumps - Refurbish $ 90,000
Closed Water System Phase II $ 840,000
Subtotal $ 1,730,000
2019-2020
Booster Pumps - Refurbish $ 90,000
Plant No. 4 Demolish two 500,000 Gal. Reservoir $ 100,000
Drill Production Well No. 22 $ 2,000,000
Elevated tank Interior Rehabilitation $ 500,000
Subtotal $ 2,690,000
Total $ 9,770,000
City of Vernon | Capital Improvement Plan 2015-2020
APPENDIX “A”
PAVING HISTORY
MAP
City of Vernon | Capital Improvement Plan 2015-2020
APPENDIX “B”
FISCAL YEAR
IMPROVEMENT MAP
City of Vernon | Capital Improvement Plan 2015-2020
APPENDIX “C”
STREET SURFACE
EVALUATION 2015
Created: 6/7/11 Last updated:7/7/2015
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City of Vernon | Capital Improvement Plan 2015-2020
APPENDIX “D”
COST ESTIMATES
4.
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City of Vernon | Capital Improvement Plan 2015-2020
APPENDIX “E”
WATER
IMPROVEMENTS
DETAILS
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2015-2016
SMURFIT WELL NO. 21 DESIGN SPECIFICATIONS AND PUMP STATION
INSTALLATION
The City took possession of a former industrial well, located at 2170 55th Street, and is
seeking to convert it to a municipal water supply well. The City retained the services of Richard
C. Slade & Associates, LLC (Slade) who performed a hydrogeological evaluation of the subject
well. The evaluation consisted of a multi phase test pumping methodology to ascertain the
downwell condition and to access the current production capacity and water quality. The Stage 1
Phase was performed utilizing a normal pumping sequence without the use of a packer. The initial
test results of Stage 1 Phase indicated that the well had elevated levels of Volatile Organic
Compounds (VOCs) that exceeded the Maximum Contaminate Levels (MCLs) for those
constituents. In the Stage 2 Phase, a packer was inflated at 500 feet in order to isolate the upper
set of perforations from the well. The test results of Stage 2 Phase determined that the VOC levels
are well below established MCLs. The results of the hydrogeological evaluation were submitted
to the California Department of Public Health (CDPH) for review. The CDPH findings concluded
that the installation of an inflatable packer, combined with water quality monitoring, are
reasonable measures to ensure that the subject well is suitable for potable use. Specifications for a
fully functional pump station were completed by Cannon Engineering, Inc. in 2014. Construction
will commence in 2015. ($1,400,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2015-2016
WELL NO. 11 REHABILITATION
Well No. 11 has experienced a decrease in its production capacity. Pump Check Pumping
Systems ran a test on the well pump 2014. The results of the test indicated that Well No. 11 is
operating inefficiently. The test results indicate the possibility of plugged perforations along the
well-shaft and wear to the pump shaft, bowls and bearings. A video log will be performed to
ascertain the condition of the well-shaft. The pump shaft, bowls and bearings will have to be
inspected in order to determine the extent of the wear. ($260,000.00).
WELL NO. 20 REHABILITATION
Well No. 20 has experienced a decrease in its production capacity. Pump Check Pumping
Systems ran a test on the well pump 2014. The results of the test indicated that Well No. 20 is
operating inefficiently. The test results indicate the possibility of plugged perforations along the
well-shaft and wear to the pump shaft, bowls and bearings. A video log will be performed to
ascertain the condition of the well-shaft. The pump shaft, bowls and bearings will have to be
inspected in order to determine the extent of the wear. ($260,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2015-2016
INTERIOR & EXTERIOR RECOATING - RESERVOIRS 3-1, 3-2, & 3-3
ENGINEERING
The City had an interior and exterior evaluation performed of Reservoirs 3-1, 3-2, and 3-3.
The results of the evaluation indicated that both the interior and exterior coating are beginning to
fail at each reservoir. In addition, the evaluation also recommended that a cathodic protection be
installed to eliminate corrosive properties that are inherent in moist environments. Specifications
will be developed to facilitate the rehabilitation of these reservoirs. ($100,000.00).
REFURBISH BOOSTER PUMPS
The booster pumps located at Booster Plants 1, 2, and 3 are in need of refurbishment. These
pumps have been in service for many years and will be disassembled, inspected for wear, and
refurbished. ($90,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
FISCAL YEAR 2015-2016
DESTRUCTION OF PRODUCTION WELL NO. 5
The City looked into the feasibility of rehabilitating Well No. 5 in order to augment the Water
Department’s water production capabilities. The California Department of Public Health advised the
City that it would not grant approval for placing this facility back into production until such time the
City could produce a letter from a registered engineering firm stating that this well’s method of drilling
provides for equivalent protection to that of a sanitary seal. In this quest, the City hired Infrastructure
Engineering Corporation (IEC) who performed an analytical review of this facility and concluded that
it could not produce a letter supporting the merits of the project based on available data. IEC provided
options that potentially could have provided for equivalent protection to that of a sanitary seal.
However, these options were not cost effective and eliminated from consideration. The Public Works
has recommended that this facility be destroyed. ($100,000.00).
PUMP HOUSE 2 EXTERIOR AND INTERIOR REFURBISHMENT
Pump House 2 was inspected in 2015 to access the condition of the interior and exterior structure.
The inspection found that the exterior windows are in need of replacement and the exterior coating has
failed; and that the interior coating has failed ($40,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
FISCAL YEAR 2015-2016
FENCE REPLACEMENT PLANT NO. 2 AND WELL NO. 19
Sections of fence at Plant No. 2 and Well No. 19 were inspected in 2015 to access their condition
and determine what repairs will need to be facilitated to improve the appearance and security of the
facilities. The inspection identified several section of fence at both facilities that will have to be
replaced. ($30,000.00).
Plant No. 2
Well No. 19
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
FISCAL YEAR 2016-2017
WELL NO. 17 REHABILITATION AND WELL PEDESTAL MODIFICATIONS
Well No. 17 has experienced a decrease in its production capacity. Pump Check Pumping Systems
ran a test on the well pump 2014. The results of the test indicated that Well No. 17 is operating
inefficiently. The test results indicate the possibility of plugged perforations along the well-shaft and
wear to the pump shaft, bowls and bearings. A video log will be performed to ascertain the condition of
the well-shaft. The pump shaft, bowls and bearings will have to be inspected in order to determine the
extent of the wear. Additionally, the existing well pedestals are well below the required 18-inch
pedestal height required in the California Department of Water Resources Water Well Standards. The
pedestals will be raised in accordance with the Water Well Standards as part of this project.
($260,000.00).
WELL NO. 15 PUMP/MOTOR REPLACEMENT AND WELL PEDESTAL
MODIFICATIONS
Well No. 15 has experienced a decrease in its production capacity. Pump Check Pumping Systems
ran a test on the well pump 2014. The results of the test indicated that Well No. 15 is operating
inefficiently. The test results indicate the possibility of plugged perforations along the well-shaft and
wear to the pump shaft, bowls and bearings. A video log will be performed to ascertain the condition of
the well-shaft. The pump shaft, bowls and bearings will have to be inspected in order to determine the
extent of the wear. Additionally, the existing well pedestals are well below the required 18-inch
pedestal height required in the California Department of Water Resources Water Well Standards. The
pedestals will be raised in accordance with the Water Well Standards as part of this project.
($260,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2016-2017
REFURBISH BOOSTER PUMPS
The booster pumps located at Booster Plants 1, 2, and 3 are in need of refurbishment. These
pumps have been in service for many years and will be disassembled, inspected for wear, and
refurbished. ($90,000.00).
INTERIOR & EXTERIOR RECOATING - RESERVOIRS 3-1, 3-2, & 3-3
REHABILITATION
The City had an interior and exterior evaluation performed of Reservoirs 3-1, 3-2, and 3-3.
The results of the evaluation indicated that both the interior and exterior coating are beginning to
fail at each reservoir. In addition, the evaluation also recommended that a cathodic protection be
installed to eliminate corrosive properties that are inherent in moist environments. ($700,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2016-2017
CLOSED WATER SYSTEM (DESIGN)
The design of a closed water system will provide a degree of redundancy as it will allow the City
to operate the water distribution system without the services of the Elevated Water Tank.
($200,000.00).
Fiscal Year 2017-2018
10 MG BURIED CONCRETE RESERVOIR INTERIOR REHABILITATION
The 10 MG Reservoir’s interior was inspected by Harper & Associates Engineering, Inc.
(Harper) in April of 2010. Harper’s report concluded that moderate to severe corrosion exists on
appurtenances and construction joints. The report recommends that the appurtenances receive an
abrasive blast to remove the existing coating and have a new coating reapplied. The subject report
also recommends that polyurethane sealants be applied to existing construction joints and that
random tubercles be repaired. ($200,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2017-2018
INTERIOR & EXTERIOR RECOATING - RESERVOIRS 2-1, 2-2, & 2-3
REHABILITATION - ENGINEERING
The City had an interior and exterior evaluation performed of Reservoirs 2-1, 2-2, and 2-3.
The results of the evaluation indicated that both the interior and exterior coating are beginning to
fail at each reservoir. In addition, the evaluation also recommended that a cathodic protection be
installed to eliminate corrosive properties that are inherent in moist environments. Specifications
will be developed to facilitate the rehabilitation of these reservoirs. ($100,000.00).
REFURBISH BOOSTER PUMPS
The booster pumps located at Booster Plants 1, 2, and 3 are in need of refurbishment. These
pumps have been in service for many years and will be disassembled, inspected for wear, and
refurbished. ($90,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2017-2018
CLOSED WATER SYSTEM (PHASE I)
This Phase includes the communications system upgrade and SCADA system engineering
and design for Booster Plant 2. The engineering and design portion includes PLC hardware and
software installations, field instruments reviews and variable frequency drive (VFD) conversions.
($1,300,000.00).
Fiscal Year 2018-2019
PACKERS/EXCHANGE AVENUE & DOWNEY ROAD PIPELINE EXTENSION
The Infrastructure Engineering Corporation (IEC) completed a Water Distribution System
Hydraulic Analysis in January of 2006. At the conclusion of the analysis, it was determined that
in order to increase the maximum fire flows sustainable at parcels in the southeastern portion of
the distribution system, modifications to the distribution system waterlines would be needed. IEC
recommended installing 70 linear feet of new 12” diameter pipeline, which will connect the 10”
and 12” diameter pipelines at Packers Avenue and Downey Road to the 10” and 12” diameter
pipelines at Exchange Avenue and Downey Road. The new pipeline will significantly increase the
maximum fire flows associated with a majority of parcels in the Southeastern portion of the City’s
service area. ($100,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2018-2019
INTERIOR & EXTERIOR RECOATING - RESERVOIRS 2-1, 2-2, & 2-3
REHABILITATION
The City had an interior and exterior evaluation performed of Reservoirs 2-1, 2-2, and 2-3.
The results of the evaluation indicated that both the interior and exterior coating are beginning to
fail at each reservoir. In addition, the evaluation also recommended that a cathodic protection be
installed to eliminate corrosive properties that are inherent in moist environments. ($700,000.00).
REFURBISH BOOSTER PUMP
The booster pumps located at Booster Plants 1, 2, and 3 are in need of refurbishment. These
pumps have been in service for many years and will be disassembled, inspected for wear, and
refurbished. ($90,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2018-2019
CLOSED WATER SYSTEM (PHASE II)
This phase includes the communications system upgrade and SCADA system engineering and
design for Booster Plant 1. The engineering and design portion includes PLC hardware and software
installations, field instruments reviews and variable frequency drive (VFD) conversions. ($840,000.00).
Fiscal Year 2019-2020
REFURBISH BOOSTER PUMP
The booster pumps located at Booster Plants 1, 2, and 3 are in need of refurbishment. These
pumps have been in service for many years and will be disassembled, inspected for wear, and
refurbished. ($90,000.00).
City of Vernon | Capital Improvement Plan 2015-2020 Appendix E
Fiscal Year 2019-2020
WELL 20 - DEMOLISH TWO 500,000-GALLON RESERVOIRS – 4755 DISTRICT BLVD
The reservoirs at Well 20 have not been used in more than twenty-years and will be demolished
due to their poor condition. The cost is estimated to be $100,000.00.
DRILL WATER PRODUCTION WELL NO. 22
A replacement well is needed to augment the City’s ability to meet water demand requirements.
Many of the City’s existing inventory of wells will reaching the end of their useful life in the next
decade. It is important to begin phasing in new wells in the future to insure production facilities are
available to meet water demand conditions. ($2,000,000.00).
ELEVATED TANK INTERIOR REHABILITATION
The Elevated Tank’s interior shell was inspected by Harper & Associates Engineering, Inc.
(Harper) in April of 2010. The inspection report concluded that corrosion exists on the interior
roof, lower shell, bowl, drywell, and riser pipe. The observed corrosion is a clear indicator that
the existing coating is beginning to fail. Harper’s report recommends that the interior coating be
removed by abrasive blast cleaning and that a new coating be reapplied. The report also illustrated
the need to retrofit the facility with hand-railings, new mesh screening, and fall prevention on all
interior ladders. ($500,000.00).
JUL 2 9 2C15
CITY CLERr(,I CtFFICE
R.ECEIVED
JUL 2 2 20t5
CITY ADMINISTRATION
STAFF REPORT
VERNON POLICE DEPARTMENT
TO:
FROM:
RE:
Honorable Mayor and City Council
Daniel Calleros, Police Chief p<-'
Ordinances Granting U.S. Tow, Inc. and Mr. C's Towing of South Gate Inc.,
A Franchise Towing Services Agreement.
Recommendation
A. Find that approval of a services agreement with US Tow Inc. and Mr. C's Towing is
exonpt 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 a
significant effect on the environment; and
B. Hold the first reading of, and subsequently adopt, the proposed Ordinance ganting to
U.S. Tow, lnc., a franchise towing services agreement; and
C. Hold the first reading of, and subsequently adopt, the proposed Ordinance granting to Mr.
C's Towing of South Gate, lnc., a franchise towing services agreement; and
D. Authorize the Mayor to execute the franchise agreements on behalf of the City.
Background
On October 2, 2012, the City Council adopted Ordinance No. 1198, establishing a selection
process and franchise agreernent system for official police towing services. In addition, the
ordinance set forth minimum requirements and performance standards for equipment, facilities,
personnel, and services for each tow company providing as needed vehicle towing ald storage
services requested by the Vemon Police Department ('VPD'). The ordinance also established
procedures for suspending or revoking tow companies that fail to meet the minimum standards,
violate federal, state, or local laws, or for any cause which the VPD determines is in the public
intsrest, necessary or general welfare for the contract to continue.
Page 1 of2
On March 19,2015, the City Administrator authorized staff to issue a Request for Proposals
C'RIP") seeking qualified licensed Tow Providers to enter into a franchise agreement to perform
rotational police towing and storage services. The RFP specifically sought operators to fumish
the VPD with licensed tow operations as may be required for a three (3) year period from the
date of execution. The RFP was mailed to seven (7) local tow companies operating in the
general area and was posted on the City's website. In addition, an RFP notice was published in
the Vemon Sun news publication.
The VPD received four (a) responses to the RFP. The four proposals were reviewed and
assessed by an evaluation panel comprised of representatives from the VPD Administrative staff
Before conducting an assessment of each of proposal, two members of the evaluation panel
conducted on-site inspections of each of the four tow companies. Each proposal was evaluated
using the criteria set in the RFP. The following criteria was used in evaluating each proposal:
Evaluation Criteria Weishtins
Experience 40%
References 20o/o
Responsiveness to the RFP, and quality and responsiveness
of the proposal
10%
Work Plan/Technical Description 30%
After evaluating and rating the four proposals, the towing companies were ranked according to
the scores ofthe evaluators. Based on the physical inspections, reference checks, and evaluation
of the proposals, the evaluation panel is recommending the following two tow companies: US
Tow Inc. and Mr. C's Towing as the top ranking companies:
Companv Ranking
US Tow lnc.1
Mr. C's Towing 2
HP Tow J
Viertel's Official Police Garage 4
The City Attomey's Offrce has prepared a standard agreement for ofEcial police tow services.
This agreorent establishes the City's requirernents and minimum performance standards,
payment of fees, reporting requirements, and other terms and conditions related to vehicle
towing and impound services for the VPD. The agreernent is for a term of three (3) years.
Fiscal Impact
There is no cost associated with execution of a franchise tow services agreernent. The towing
services franchise does not increase the costs paid by vehicle owners, as these rates are fixed.
Vehicle Code $ 12110(b) allows a public agency to collect administrative or franchise fee to
recover its actual and reasonable costs incurred in connection with its towing program.
Attachment(s)
None
Page 2 of 2
ORDTNA}ICE NO.L23L
AN ORDTNANCE OF THE CITY COIINCIL OF THE CfTY OF
VERNON GRANTTNG TO U.S. TOW, INC., A FFANCHISE
TOWTNG SERVICES AGREEMENT
WHEREAS, the City of Vernon (the ',City.) is a municipal
corporation and a chartered city of the state of california organized
and existing under its charter and the constitution of the st.ate of
California; and
WHEREAS, on October 2, 201_2, the City Council of lhe City of
Vernon adopt.ed Ordinance No. 1198 adding Chapter 48 of the Vernon
Municipal code to establ-ish a non-consensuaL franchise towing fee,. and
WHEREAS, on or about. March 201-5, t.he police Chief issued a
Request. for Proposafs for the City,s Franchise Tow Fee program; and
WHEREAS, the City Council_ of t.he City of vernon desires t.o
grant a Franchise Towing Serv.ices Agreement to U.S. Tow, Inc.,. and
WHEREAS, t.he City Councif of the City of Vernon is authorized
by city charter section 8.9 to granE a franchise in the City of vernon
to any person, firm, corporation, or other ent.ity and to set terms,
conditions, restrictions and limitations by ordinance.
THE CITY COUNCIL OF THE CTTY OF VERNON HEREBY ORDAINS:
SECT]ON 1: The City Council- of the City of Vernon hereby
finds and determines t.hat the above recitals are true and correct.
SECTION 2: GRANT OF FRANCHfSE.
A non-exclusive franchise shal1 be, and the same is hereby
granted by the City Council of the City of Vernon to U.S. Tow, Inc., its
lawfuL successors or assigns to provide official non- consensual police
towing services to the vernon police Department. said franchise is
further described and depicted in the Franchise Towing services
Agreement, in subst.antially the same form as att.ached hereto as
Exhibit A and incorporat.ed herein by reference.
SECTfON 3: FRANCHISE TERM.
The franchise shall- endure in fulL force and effect for
three (3) years, su-bject to the terms and conditions of the Franchise
Towing Services Agreement .
SECTION 4: FRANCHfSE FEE.
The grantee of the franchise, during the 1ife thereof, will
pay to the City five percent (5?) of the gross annual receipts of the
grantee arising from the use, operation or possession of the
franchise.
SECTION 5: VERIFIED STATEMENT OF GROSS RECETPTS.
The grantee shalI file with the City Clerk of the City,
within tshree (3) months after t.he expiration of the calendar year, or
fractional calendar year, fol-l-owing the date of the granting of t.his
franchise, and within t.hree (3) months after Ehe expiration of each
calendar year t.hereaf ter, a verified statement showing in detail- the
totaL gross receipt.s for the grantee derived durlng the preceding
calendar year, or such fractional calendar year, from the provision of
official- police Eowing services within the limits of the City. The
grantee shalL pay to the City within fifteen (15) days after t.he time
for filing said statement. in lawfuI money of the United States, the
aforesaid percentage of its gross recej-pE for the calendar year, or
fract.ional cal-endar year, covered by said statement. Any negLect,
omission or refusal by grantee to file said verified slatement., or to
pay said percentage at the times or in the manner hereinbefore
provided, shall constitute grounds for the decraration of forfeiture
of lhis franchise and of all rights of grantee hereunder. However,
2
grantee has the abillty Lo cure under section 12. Further, the cit.y
is responsible for insuring thats grantee has the appropriate financiar-
institution information for elect.ronic transfer of t.he franchise fee
in a t.imely manner. Any delays caused. by incorrect financial
institut.ion information shaLl not const.itut.e grounds for the
decl-aration of a forfeiture of this franchise.
SECTION 5: WRITTEN ACCEPTANCE REQUIRED.
The franchise grant.ed hereby shall not become effect.ive
until written accept.ance thereof shaff have been filed by grantee with
the CiUy Clerk.
SECTTON 7: ABANDONMENT OF PRIOR FRANCHISES.
The franchise grant.ed by this Ordinance is in l-ieu of a1l,
other franchises, rights or privileges owned by the grantee, or by any
successor of the grantee to any righEs under the franchise, for
providing official police t.owing services throughout the l-imits of the
City of Vernon as such limits exist at t.he time of the granting of the
franchise or as they may thereafter, except any franchise derived
under Section 19 of Article IX of the Constitution as that section
existed prior to t.he amendment. thereof adopted October 10, 1911 . The
acceptance of the franchise granted by this ordinance shall- operate as
an abandonment of al_1 such franchises, rights, and privileges $rithin
t.he limit.s of City as such l-imits at any time exist., in lieu of which
the franchise is g,ranted by this Ordinance.
SECTION 8: EMTNENT DOMAIN.
The granting of the franchise shall_ not in any way impair
affect the right of the Cit.y to acguire the property of the grantee
purchase or condemnation, and nothing contained in this franchise
shal1 be construed to contract away, modify or abridge ei-ther for a
or
by
3
term or in pe4)etuity the City, s right of eminent. domain.
SECTION 9: VAIUE OF FRANCH]SE.
By acceptance of the franchise, t.he grant.ee, for itself, its
successors and assigns, agrees that in any proceeding of any character
before any court, commission, administrat.ive body, board of
arbiErat.ion or other public authori_ty, no greater vafue shal] be
placed upon t.he franchise in excess of the cost to the grantee of the
necessary publicaEion and any other sum paid by grantee to the city
therefor at the time of acquisition.
SECTION 10: NONCOMPLIANCE.
If t.he grantee of the franchise granted by this Ordinance
fails, neglect.s, or refuses t.o compl_y with any of the provisions or
conditions prescribed in this ord.inance or the Franchise Act of 1937,
and does not within ten (10) days after written demand for compliance
begin t.he work of compliance, and afEer such beginning does not
prosecute the work wit.h due diligence t.o completi-on, the City, by its
City Council, may declare the franchise forfeited. The City may sue
in its own name for t.he forfeiture of the franchise granted pursuant
to this Ordinance, in the event of noncompliance wit.h any of the
conditions thereof by the grantee, its successors, or assigns.
sECTroN 11 : coNFoRMrry ro RULES AND srATUToRy REQUTREMENTS.
The grantee of the franchise granted by this ordinance sha1l
comply with al-I of the ordinances and ruLes adopted by the City
council of the city of vernon in the exercise of its police powers and
not in conffict. with the paramount authority of the state. All work
undertaken or performed pursuant to the provisions of the franchise
shal1 be of the standard required by 1aw, and by any other body or
governmental- authority having jurisdiction in the premises. where not
4
in conffict with state 1aw, or other governmental authority having
jurisdiction in t,he premises, tow serv.ices shall- be performed in
accordance with the rules and regulations and ordinances of the city.
SECTION 12: fNDEMNfFTCATION.
The grantee shaff indemnify and
officers, agents and employees, from all
proximately resulting from any operations
hol,d harmless the City, its
liability for damages
under this franchise.
SECTfON 13: ASSIGNMENT.
Grantee shall- not. assign or transfer any interest in the
franchise without the express prior written consent and approvaf of
City Councif. Any unauthorized assignment or transfer of Franchisee,s
rights or obligations under this Agreement shaII be null_ and void and
shalf constitute a material breach by Franchisee of this Agreement..
SECTION 14: PERFORMANCE BOND.
(a) At. the option of the City, grant.ee shall either (a)
reduce or eliminate any deductibles or self-insured retentions with
respect to the City, it.s elected officiaLs, officers, employees,
agents, representat ives , at.torneys, and volunt.eers,. or (b) f il-e with
Ehe City Clerk a corporat.e surety bond running to City and guaranteeing
payment of losses and related investigations, claim administration and
defense expenses. The bond shaft be conditioned that grantee shal-f
well and trufy observe, fuIfill, and perform each term and condition of
the franchise, and that in case of any breach of condition of the bond
the amount of the penal sum therein shall be recoverable. If City
elects option (b) above, Grantee shalf file such bond within five (5)
days after the adoption of t.his ordinance.
(b) crantee shalI maint.ain the bond in ful1 force and
effect throughout t.he term of this franchise, at grantee's sole
5
expense. The bond shall- be issued by an admitted surety insurer and
comply with the requirements of the Bond and undertaking Law, codified
in code of Civil Procedure sections 995. o1o et seq. This franchise
shall be considered a ..license or permit.,, wit.hin the meaning of the
Bond and Undertaking Law, sol-ely for purposes of application of such
faw to the bonding reguirements of this section.
SECTION 15: LIABILfTY.
The grantee of the franchise under this Ordinance shalf be
liabfe to the City for all damages proximately resulting from t.he
fai]ure of the grantee to wel-I and fait.hfully observe and perform any
provision of tshe franchise or any provision of t.he Franchise Act of
1937 .
SECTION 15: RepeaL. Any ordinance or parts of an ordj_nance
in conflict with this Ordinance are hereby repealed.
SECTION 17: SeverabiLity. ff any chapter, article, section,
su-bsect.ion, subdivision, paragraph, sentence. clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitut.ional or invalid or ineffective by any court of competent
jurisdiction, such decision shalf not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Councif hereby declares that it. would have adopted
this Ordinance and each chapter, art.icle, section, subsection,
subdivision, paragraph, sentence, c]ause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be decl-ared unconst.itutional , or invalid, or
ineffective.
6
SECTTON l-8: Book of Ordinances. The City C1erk, or
Deputy city clerk. shalf attest and certify to the adoption of this
Ordinance and shafl cause this Ordinance and Ehe Cit.y Clerk, s, or
Deputy City Cl-erk,s, cert.ification to be ent.ered in the Book of
ordinances of t.he Council of thi-s city. The city C1erk, or Deputy city
c1erk, shalI cause this ordinance to be published or posted as required
by 1aw.
SECTION 19: Effective Date. This Ordinance shaIl go into
effect and be in fuI1 force and effect aE t2z 01 a.m. on the t.hirty_
first (31st) day af t.er its passage.
APPROVED AND ADOPTED this day of , 2015.
Name :
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Oeputy City Clerk
APPROVED AS TO FORM:
Brian W. Byun, Deputy City At.torney
7
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I,, City Clerk / Deput.y City Clerk of the City
of Vernon, do hereby certify that t.he foregoj-ng Ordinance, being
Ordinance No. 1231 was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held in t.he Cit.y of
Vernon on Tuesday, August 4, 2015, and t.hereaf ter adopted at a meeting
of said City Council hel-d on Tuesday,, by the following
vote:
AYES:
NOES :
ABSENT:
Council-members:
Counc i ]members :
Councifmembers:
And thereafter was duly signed by the Mayor or Mayor pro-Tem of
the City of Vernon.
Executed this day of , 2015, at. Vernon, California.
City Cl-erk / Deputy City Clerk
( SEAI, )
8
EXHIBIT A
CITY OF VERNON
FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND U.S. TOW, INC-
COVER PAGE
Franchisee:
Responsible Principal of Franchisee:
Notice lnformation - Franchisee:
Notice lnformation - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
U.S. Tow, lnc.
Moshe Ben Dayan, PresidenUCEO
U.S. Tow, lnc.
21 19 East 25h Street
Los Angeles, CA 90058
Attention: Moshe Ben Dayan,
PresidenUCEO
Phone: (213) 749-71O0
Facsimile: (21 3) 7 49-027 2
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel Calleros, Police Chief
Telephone: (323) 583-881 1 ext. 1 1a
Facsimile: (323) 826- 1 481
No earlier than thirty-one (31) days after
approval by City Council of City of Vernon of
ordinance granting franchise to U.S. Tow,
lnc.
Three (3) years from Commencement Date,
inclusive
Payment is made by Franchisee to City
pursuant to Section 3 of this Agreement.
Payment is made to Franchisee by City
pursuant to Section 5 of this Agreement.
Three (3) years, pursuant to section 15.3
CITY OF VERNON
FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND U.S. TOW, INC.
This Agreement is made and entered into by and between the City of Vernon (,,City,'), a
california charter city and california municipal corporation, and U.s. Tow, lnc. ('Franchisle), a
Police Towing Company with its principal place of business at 21 19 East 25h Street, Los
Angeles, CA 90058 (collectively, the "Parties") to provide for towing services to the City.
The Parties agree as follows:
RECITALS
WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set
forth in the Request for Proposal issued in or about March 2015, Exhibit A, and Franchisee,s
proposal to the city ("Proposal') dated Apdt 16, 2015, Exhibit B, both of which are attached to
and incorporated into this Agreement, by reference.
WHEREAS, pursuant to Chapter 48 of the Vernon Municipal Code, Franchlsee has
applied for a Police Towing Franchise ('Franchise"); and
WHEREAS, the City Council has determined that Franchisee has demonstrated
compliance with Chapter 48 of the Vernon Municipal Code and has agreed to comply with all
provisions of that Chapter; and
WHEREAS, it is required that City and Franchisee enter into this Franchise Towing
Services Agreement ("Agreement") for police towing services in the City of Vernon; and
WHEREAS, additional conditions have been imposed upon this grant of Franchise.
NOW, THEREFORE, the Parties do hereby agree as fo ows:
Section 1. GRANT OF FRANCHISE.
Subject to approval by the City Council ofthe City of Vernon of an ordinance granting
the franchise and to the requisite thirty-one (31) days' waiting period before such ordinance
becomes effective, City grants to Franchisee a Police Towing Franchise authorizing Franchisee
to engage in the business of Police Towing as set forth in chapter 48 of the vernon Municipal
Code in the City of Vernon and to use the public streets and rights of way for such purpose.
This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the
Franchise. Franchisee is subject to the terms and conditions specified in chapter 8.9 of the
Charter of the City of Vernon, the provisions of Chapter 48 of the Vernon Municipal Code, the
terms and conditions specified in all related resolutions, the terms and conditions of this
Agreement, the representations and assurances in Franchisee's applicalion for the Franchise.
Section 2. TERM OF FRANCHTSE.
The term of this Franchise granted to Franchisee shall be for three (3) years, effective
from thirty-one (31) days after the date upon which the City Council of the City of Vernon
2
approves the ordinance granting the Franchise (the "Effective Date") to the date that is three (3)
years from the Effective Date, inclusive.
Section 3. FMNCHISE FEES.
- 3.1 During the term of the Franchise, Franchlsee shall pay a franchise fee to
city in an amount equal to 5% of Franchisee's gross annual receipts arising from the use,
operation or possession ofthe Franchise, which fees shall be assessed from the date on which
the ordinance granting this Franchise became effective and in accordance with Section 4B.B of
the vernon Municlpal code and any Resolution adopted by the city council and in such other
amounts as are set forth in any subsequent resolutions that may be adopted by the city council
at any time during the term of the Agreement.
3.2 The Franchisee shall file with the City Cterk of the City, within three (3)
months after the expiration of the calendar year, or fractional calendar year, following the date of
the granting of this franchise, and within three (3) months after the expiration of each calendar
year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee
derived during the preceding calendar year, or such fractional calendar year, from the provision
of official police towing services within the limits of the city. The Franchisee shall pay to the
city within lifteen (15) days after the time for filing said statement, in lawful money of the united
States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar
year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said
verified statement, or to pay said percentage at the times or in the manner hereinbefore
provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all
rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12
herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring
that Franchisee has the appropriate financial institution information for electronic transfer of the
franchise fee in a timely manner. Any delays caused by incorrect financial institution information
shall not constitute grounds for the declaration of a forfeiture of this Franchise.
3.3 Franchisee shall timely pay all required franchise fees to:
City of Vernon
Attention: Finance Director
4305 Santa Fe Avenue
Vernon, CA 90058
Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly
authorized representative of the Franchise, showing in such form and detail as the Finance
Director of the city of vernon may prescribe, the calculation of the franchise fee payable by the
Franchisee and such other information as the Finance Director may require as material to a
determination of the amount due.
3.4 The first payment of the franchise fee will be due on September 15,
201s,-and payments shall be due monthly thereafter on the 1sth day of each month.
3.5 When Franchisee remits franchise fees to the City, such franchise fees
shall be deemed timely paid only if delivered or postmarked on or before the due date. lf fees
are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise
pursuant to Section 14 of this Agreement and/or to any other penalties which may be
established and assessed by the city, including, but without limitation, late fees assessed at the
rate of five percent (5%).
Section 4. TOWING SERV|CES.
4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A,
which is the city's Request for Proposals for official police Tow services, and which includes,
but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees
schedules, standards for tow truck equipment, standard rules of operation, response time,
inspection, information regarding new or terminated tow truck drivers, tow driver training, and as
set forth in Exhibit B which is Franchisee's response to the City's Request for proposali. All
services by Franchisee shall comply will all provisions of federal, state and local law and
regulation, including, but without limitation Chapter 48 of the Vernon Municipal Code.
4.2 Franchisee understands and agrees that, although the City is granting it a
franchise as a police towing service, the City may requisltion towing services from other service
providers as set forth in Section 48.12 of the Vemon Municipal Code, or if Franchisee is
otherwise unavailable for any reason, in lhe reasonable discretion of the Vernon Chief of Police
and including, but without limitation, suspension or termination of the Franchisee.
Section 5. MTES. CHARGES AND PAYMENT.
5.1 The rates and charges for towing and storage in connection with this
Franchise shall be established by the Franchlsee. The prevailing rates prescribed by the
southern Division of the california Highway Patrol, the Los Angeles police Department, and the
Los Angeles County Sheriff will be considered when establishing these rates. The rate per
impound shall be $140.00 and the storage charge shall be $40.00 per day, unless or until
otherwise modified by the City. A sign showing the approved rates and charges shall be
conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place
in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle
owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours
releases of vehicles, and may collect an after-hour release fee. As part of the award of
franchise the Franchisee will be requested to establish an after-hours release fee not to exceed
% of the impound fee in addition to other established fees.
Section 6. REPORTS.
Franchisee shall file a monthly towing report with the Chief of police along with payment
of its monthly franchise fees. The report shall be submitted to:
Vernon Police Department
Attention: Police Chief
4305 Santa Fe Avenue
Vernon, CA 90058
The report shall include the information required by section 48.10(H) of the vernon Municipal
Code for Franchisee and its subcontractors, certified as true and correct under penalty of
perjury by a responsible owner or official of the Franchisee.
4
Section 7. FRANCHISEE'S RECORDS.
7.1 The Franchisee shall maintain accurate and complete books and
accounls of all revenues and income arising out of its operations under the Franchise and in a
manner, which conforms to generally accepted accounting principles. Franchisee's books,
accounts and records, arising out of or related to its operation under the Franchise, shall at all
times be open to inspection, examination and audit by authorized officers, employees and
agents ofthe city. such records shall be kept at Franchisee's place of business shown in this
Agreement for receipt of notices.
7 .2 Franchisee shall require its subcontractors, if any, who perform police
Towing services in connection with the Franchise to keep and maintain books of account and
other records showing all business transactions conducted by such subcontractors in
connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of
reporting between Franchisee and its subcontractors.
Section 8. TOW VEHICLE AND DR|VER. REPORTtNG. COMPL|ANCE. AND
IDENTIFICATION.
8.1 Franchisee shall maintain on file with the City, a complete and accurate
listing of every vehicle operated by Franchisee for police towing services. Franchisee shall
certify, in a form acceptable to city, that every such vehicle conforms with regional and state
vehicle emission standards ("emission standards'), and shall provide documentation of
compliance on written request of the city. Franchisee understands and agrees that failure to
comply with emission standards may result in suspension, termination or non-renewal of a
Franchise.
8.2 Every vehicle operated by Franchisee and for police Towing services in
the city shall bear the following identification: Franchisee's trade name, monogram or insignia,
the Franchise vehicle number, together with Franchisee's telephone number painted on both
sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-114" in
height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle
number and all other information within 30 calendar days after the Franchise is terminated or
the vehicle is sold, transferred or taken out of service.
8.3 Franchisee shall file with the Vernon police Department, lhe name,
address, date of birth, driver's license number, and all identilication required of any tow unit
driver working for Franchisee, whether as an employee or as a contractor, which information
shall be filed not later than ten (10) business days following the effective date of employment or
engagement. Franchisee shall also notify the Vernon police Department within ten (10)
business days of the following occurrences: the license suspension of any tow unit driver, and
the end of employment, or engagement, of any tow unit driver with Franchisee.
Section 9. INDEMNIF|CAT|ON OF CtTy.
9.1 Franchisee shall indemnify and hold the City harmless from and against
any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or
penalties whatsoever, including reasonable attomey's fees, regardless of the merit or outcome
of any such claim or suit, arising from or in any manner related to the services provided or
business conducted under chapter 48 of the vemon Municipal code or otherwlse pursuant to
this Agreement.
(
9.2 Franchisee shall indemnify the City, defend with counsel approved by the
City, protect and hold harmless the City, its officers, employees, agents, assigns,'and any
-
successor or successors to the city's interest from and against all claims, actual damages
(including but not limited to special and consequential damages), natural resources damage,
punitive damages, injuries, costs, response, remediation and removal costs, losses, demands,
debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines
and charges, penalties and expenses (including, but not limited to, attorneys'and expert witness
fees and costs incurred in connection with defending against any ofthe foregoing or in enforcing
this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the
city or its officers, employees, agents or the Franchisee arising from or attributable to any
repair, remediation, cleanup or detoxification, or preparation and implementation of any
removal, remedial, response, or closure or other plan (regardless of whether undertaken due to
governmental action) concerning any hazardous substance or hazardous waste at any place
where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is
intended to operate as an Agreement pursuant to the comprehensive Environmental Response,
compensation and Liability Act, 42 united states code section g607, and california Health and
Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless.
and indemnify the City from liability.
Sectionl0. INSURANCEREQUIREMENTS.
10.1 Franchisee shall, at its sole cost and expense, procure and maintain in
full force and effect, throughout the term of this Agreement, inclusive of any renewal term
granted by City, insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance ofthe services hereunder by the
Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure
and maintain insurance policies of the types and meeting the requirements set forth below, and
shall provide to the City a Certificate of lnsurance, or other such evidence reasonably
acceptable to the City, verifying the existence of such policies:
10.2 Minimum Scooe of lnsurance Coveraoe. Franchisee shall procure and
maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the
following:
(a) ComprehensiveGeneralLiabilitylnsurance.
(b) ComprehensiveVehicleLiabilitylnsurance.
(c) Workers' Compensation lnsurance as required by the State of California and
Employer's Liability lnsurance.
10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO
LESS THAN the following:
(a) General Liability of Two Million Dollars (92,000,000) for each occurrence and in
the aggregate, combined slngle limit, against any bodily injury, death, personal
injury, or property damage. In Comprehensive General Liability lnsurance or
other form in which a general aggregate limit is used, the general limit shall apply
separately to this Agreement or the general limit shall be TWICE the required
occurrence limit.
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(b) Automoblle Liabirity of one Mi ion Do ars ($1,ooo,ooo) per accident for bodiry
injury and property damage.
(c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred
Fifty Thousand Dollars (92S0,000) per occurrence.
(d) Employer's Liabitity of One Million Dollars ($1,OOO,0OO) per accident for bodity
injury or disease.
(e) Worker's Compensation and Employer,s Llability lnsurance in an amount
required by law.
1O.4 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the op on of the City, Franchisee shall either:
(a) Reduce or eliminate such deductibles or self-insured retentions with respect to
the City, its elected and appointed officials, officers, employees, agents,
representatives, attorneys, and volunteers; OR
(b) Procure a bond, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. Underthis option, Franchisee shall file
such bond within five (5) days after the adoption of the ordinance approving this
Agreement. Franchisee shall mainlain the bond in full force and effect
throughout the term ofthe Franchise, at Franchisee's sole expense. The bond
shall be issued by an admitted surety insurer and comply with the requirements
of the Bond and Undertaking Law, codified in Code of Civil procedure Sections
995.010 et seq. This franchise shall be considered a "license or permif,within
the meaning ofthe Bond and Undertaking Law, solely for purposes of application
of such law to the bonding requirements of this section.
10.5 Reouired Endorsements. All of the policies required by this Agreement
shall contain, or be endorsed to contain, the following provisions:
(a) City, its elected and appointed officials, officers, employees, agents,
representatives, attomeys and volunteers shall be named as additional insured
parties, and the policies shall specifically state that the coverage contained in the
policies affords insurance pursuant to the terms and conditions as set forth in lhis
Agreement.
(b) The insurance coverage provided by the Franchisee shall be primary to any
coverage available to the City. Any insurance or se[f-insurance maintained by
City, its offlcers, officials, employees or volunteers shall be in excess of
Franchisee's own insurance and shall not contribute with it.
(c) The insurance policies shall contain no special limitations on the scope of
protection afforded to the City, its elected and appointed officials, officers.
employees, agents, representatives, attorneys or volunteers. Further, the
policies shall expressly waive the right of subrogation against City, its elected and
appointed officials, officers, employees, agents, representatives, attorneys or
volunteers.
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(d) Any failure to comply with reporting or other provisions of the policies including
breaches of warranties sha not affect coverage provided to the city, its elected
and appointed officials, officers, employees, aients, representativei, attorneys or
volunteers.
(e) The insurance coverage shalt apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer,s
liability.
(f) Each insurance policy required by this section shall be endorsed to state that
coverage SHALL NOT be suspended, voided, and/or canceled by either party,
and that there shall be no reduction in the amount of coverage or in the limits
applicable thereto EXCEPT after thirty (30) days prior written notice has been
given to the City, said written notice to be delivered by U.S. Certified Mail, Return
Receipt Requested addressed to the City Attorney and City Finance Director.
(S) ln its sole discretion, the City may waive all or some portion of the above
referenced insurance if such waiver is in writing and executed by City,s Finance
Director.
10.6 Required lnsurance Ratino. Any insurance policy required by this
Agreement shall be placed with an insurer admitted in the State of California with a current A.M.
Bests rating of NO LESS THAN B+:Vll in the latest edition of Best's lnsurance Guide.
10.7 Oriqinal Certificates Reouired. At all times during the term of this
Agreement, Franchisee shall maintain on file with the city's Finance Director a certificate or
certificates of insurance. said certificate or certmcates of insurance shall show that the
aforesaid policies are in effect in the required amounts and shall contain each ofthe
endorsements as set forth in section 10.3. Franchisee shall, prior to commencement of work
under this Agreement, file with the City Finance Director the original certiflcates effecting
coverage required by this section of this Agreement. The endorsements are to be signed by the
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be
received and approved by City before Franchisee commences operation under the terms of this
Agreement
10.8 Failure to Maintain Reouired lnsurance. Franchisee agrees that if it fails
to keep the aforesaid insurance policies in full force and effect the city may, at its sole option,
either (i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable
cost, the City may take out the necessary insurance and pay, at Franchisee,s cost and expense,
the premium thereon.
Section 'l 1. TERMINATTON AND SUSPENStON.
The City may terminate this Agreement, without cause, by giving the Franchisee thirty
(30) days' written notice of such termination and the effective date thereof. The City may
terminate this Agreement, with cause, by giving the Franchisee (10) days' written notice of such
termination and the effective date thereof. Cancellation for cause shall be at the discretion of
the city and shall be, but is not limited to, failure to supply the materials, equlpment or service
specified within the time allowed oI within the terms, conditions or provisions of this Agreement.
The Franchisee may not cancel this Agreement without prior written consent from the-vernon
Chief of Police.
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Section 12. TEMPORARY SUSpENStON.
ln addition to termination or suspension as set forth in Section 1 1, above, the Chief of
Police may temporarily suspend any Franchisee without a hearing, whenever the continued
operation by the Franchisee would constitute a danger to public health, safety, welfare or public
morals, including, without limitation, where there is a failure to maintain the minimum levels and
standards of liability insurance or claims reserve or failure to keep in full force and effect any
applicable licenses or permits required by federal, state, local law, or regulation. The notice of
temporary suspension may be personally delivered to the party named and to the address given
on the application pursuant to which such Franchise was issued and to the notice address
stated herein, lf different, or, mailed by registered or certified mail to the party named at the
address given on the application pursuant to which such Franchise was issued and to the notice
address stated herein, if different. Notwithstanding other notice provisions of thls Agreement,
the temporary suspension is effeclive upon the earlier of either receipt or the expiration of three
(3) days from the date of mailing. The notice of temporary suspension shall include a notice of
the date and time for termination hearing and all other information required by the Vernon
Municipal Code. The temporary suspension shall remain effective until the decision on
suspension or termination is made unless the suspension is lifted by written notice of the Chief
of Police.
Section '13. ACCEPTANCE. WAIVER.
Franchisee agrees to be bound by and comply wlth all the requirements of Chapter 48
and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum
enent permitted by law, Franchisee's right to challenge the terms of this Agreement and of
Chapter 4B under federal, state or local law, or under administrative regulation, as such laws
and regulations exist as of the date of signing of this Agreement.
Section 14. GENERAL TERMS AND CONDITIONS.
14.1 INDEPENDENT STATUS. lt is understood that in the performance under
this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent,
contractor, or employee of City and shall furnish services in its own manner and method, except
as required by this Agreement. Further, Franchisee has and shall retain the right to exercise full
control over the employment, direction, compensation and discharge of all persons employed by
Franchisee in its business operations. Franchisee shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
employees, including compliance with social security, withholding and all other wages, salaries,
benefits, taxes, exactions, and regulations of any nature whatsoever. Franchisee acknowledges
that Franchisee and any subcontractors, agents or employees are not entifled 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-
term disability or Workers' Compensation insurance benefits.
14.2 FMNCHISEE NOT AGENT. Franchisee 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.
14.3 WAIVER. The City's waiver of any term, condition, breach or defauh of
this Agreement shall not be considered to be a waiver of any other term, condition, default or
breach, nor of a subsequent breach of the one waived.
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14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any
interest in this Agreement without the express prior written consent and approval of City
Council. Any unauthorized assignment or transfer of Franchisee's rights or obligations under
this Agreement shall be null and void and shall constitute a material breach by Franchisee of
this Agreement.
14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal,
State, County and City laws, ordinances, resolutions, rules and regulations, which are, as
amended from time to time, incorporated herein and applicable to the performance hereof.
14.6 ATTORNEY'S FEES. lf any action at law or in equity is brought to
enforce or interpret the terms of this Agreement, the prevaillng party shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to
which such party may be entitled.
14.7 INTERPRETATION.
14.7.1 Applicable Law. This Agreement, and the rights and duties of the
parties hereunder (both procedural and substantive), shall be governed and construed
according to the laws of the State of California, without regard to the conflict of laws provisions
therein.
14.7.2 Entire Aoreement. This Agreement, including any Exhibits
attached hereto and any documents explicitly referenced herein, 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).
14.7.3 Written Amendment. This Agreement may only be changed by
written amendment signed by Franchisee and the City Administrator or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any oral
representations or modifications concerning this Agreement shall be of no force or effect.
14.7.4 Severabilitv. lf any provision in this Agreement is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Agreement, 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 Agreement.
14.7.5 Choice of Forum. The parties hereby agree that this Agreement is
entered into and is to be performed in the city of Vernon and that all claims or controversies
arising out of or related to performance under this Agreement shall be submitted to and resolved
in a forum within the County of Los Angeles at a place to be determined by the rules of the
forum.
14.7.6 Order of Precedence. ln case of conflict between the terms of this
Agreement and the terms contained in any document attached as an Exhibit or otherwise
incorporated by reference, the order of precedence is as follows: charter of the city of vernon,
the Vernon Municipal Code, the ordinance granting this Franchise, resolutions ofthe City of
Vernon, this Agreement, the City's Request for Proposals for Official police Towing Services,
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and Franchisee's Response to the City's Request for Proposals for Official Police Towing
Services.
14.7.7 Duolicate Orioinals. There shall be two (2) fully signed copies of
this Agreement, each of which shall be deemed an original.
14.8 AUTHORITY OF FMNCHISEE. The Franchisee hereby represents and
warrants to the City that the Franchisee has the right, power, legal capacity and authority to
enter into and perform its obligations under this Agreement, and its execution of this Agreement
has been duly authorized.
14.9 EMINENT DOMAIN. The granting of the Franchise shall not in any way
impair or affect the right of the City to acquire the property of the Franchisee by purchase or
condemnation, and nothing contained in this Franchise shall be construed to contract away,
modify or abridge either for a term or in perpetuity the City's right of eminent domain.
14.10 VALUE OF FRANCHISE. By acceptance ofthe Franchise, the
Franchisee, for itself, its successors and assigns, agrees that in any proceeding of any
character before any court, commission, administrative body, board of arbitration or other public
authority, no greater value shall be placed upon the franchise in excess of the cost to the
Franchisee ofthe necessary publication and any other sum paid by Franchisee to the City
therefor at the time of acquisition.
Section 15. ADDITIONALASSURANCES.
15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.
Franchisee certifies and represents that, during the performance of this
Agreement, Franchisee and any other parties with whom it may subcontract 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, religion, color, national origin,
ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that
it will not maintain any segregated facilities. Franchisee further agrees to comply with The
Equal Employment Opportunity Practices provisions as set forth in Exhibit .C'.
15.2 BUSINESS L|CENSES. Franchisee sha obtain, and pay any and aI
costs associated therewith, any Vernon Business License, which may be required by the
Vernon Municipal Code and all permits, and licenses applicable to Franchisee,s operations
under this Franchise, which are required of Franchisee by any governmental agency.
15.3 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 Franchisee's records to the extent the city deems
necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is
paying only the amounts to which Franchisee is properly enti ed under the Agreement or for
other purposes relating to the Agreement.
The Franchisee shall maintain and preserve all such records for a period of at
least 3 years after termination of the Agreement. The Franchisee shall maintain all such
records in the city of vernon. lf not, the Franchisee shall, upon request, prompfly deliver the
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records to the City of Vemon 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 ofthe city) expenses for personal, salaries, private auditors, travel, lodging,
meals and overhead.
15.4 CONFLICT. Franchisee hereby represents, warrants and certifies that no
member, officer or employee of the Franchisee 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 exlent
permitted by law.
Section 16. LIVING WAGES.
Franchisee, and any subcontracto(s), shall comply with the City,s Living Wage
Ordinance. The current Living Wage Standards are set forth in Exhibit,,D',. Upon the City,s
request, certified payroll records shall promptly be provided to the City.
Section 17. NOTICES.
Except as otherwise provided in this Agreement, all notices required by this Agreement
or by chapter 48 of the vernon Municipal code shall be given by personal service or by deposit
in the United States mail, postage pre-paid and return receipt requested, addressed to the
parties as follows:
To City:
Vemon Police Department
Attention: Police Chief
4305 Santa Fe Avenue
Vernon, CA 90058
Copies to:
City of Vernon
Attention: Finance Director
4305 Santa Fe Avenue
Vernon, CA 90058
Franchisee:
U.S. Tow, lnc.
Attention: Moshe Ben Dayan, PresidenvCEO
21 19 East 25$ Street
Los Angeles, CA 90058
Notice shall be deemed effective on the date personally served or, if mailed, three days after the
date deposited in the mail.
[Signatures Begin on Next Page].
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lN WITNESS WHEREOF, the Parties hereto have caused this Agreemenl to be
executed by their duly authorized representatives as ofthe date set forth below.
City of Vernon, a California charter City U.S. Tow, lnc., a California corporation
and California municipal corporation
DATED:
DATED:
W. Michael McCormick, Mayor
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian Byun, Deputy City Attorney
By:
Name:
Title:
By:
Name:
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EXHIBIT A
EXHIBIT A
REOUEST FOR PROPOSALS
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City of Vernon
Request for Proposals (RFP)
Franchise Tow Fee Program
City of Vernon
Police Department
4305 Santa Fe Avenue, Vernon, CA 90058
Phone: (323) 587-St7I
City of Vemon Franchise Tow Fee Pmgram Request for Proposals
1. INTRODUCTION ANO PROJECT
The City of Vemon seeks proposals hom qualified bidders to enler into a franchise
agreement to perform rotrational polic€ towing and storage services. Services to be
performed by the selected contractor anclude vehicle towing and impound seivices as
drrected by the Vernon Police Departmenl
Based on the quality of the proposals received, the City may consider awardirE a single
tow franchise contract, or multlple tow francfiise mnfacts using a call-for-service
rotation- The City does not expect to aware more than two (2) ftandlise agreements
under the rotational sysEm, although City Council resenes the right to award contrEcts
at its sole discretion, based on the proposals submitted,
The City will select no more than two (2) tow service companies, based on demonstrated
competence and a cost effective approach to design, conduct, and assist in the removal
of vehicles which are apparently abandoned, or driven by unlicensed drivers, or drivers
driving on suspended licenses, or involved in lratfic collisions, or vehicles creating a
traffic hazard due lo mechanical failures.
To be eligible for consideration, the tow service companys place of business and vehicle
storage facility must be located within a seven (7) milB radius of the Vernon City Hall,
located at 4305 Santa Fe Avenue, Vemon CA 9005E.
2. BACKGROUND
The City of Vemon nlas founded in '1905, is approximataly 5.2 square miles in size and
is located approximately 5 miles southeasl of downtown Los Angeles Califomia. O\rer its
lorp history Vemon hai been developed as an industrial comriunity. At the tum of the
20n century the lands that make up Vemon were comprised largeiy of farmlends. The
presence of three mapr rail lines in the area led influential business and property owners
to encourage the railroad companies to run spur lines onto the farmlands. These rail
extensions enabled the creation of an "exclusively industrial' city. By the 1920's Vemon
uras attracting large st ckyards and meatpacking facilities. ln the 1930's Vemon
became the location of choice for many heavy industrial plants. As oconomic condiuons
changed over the decades, these large sc€le jndustrial operations have relocated out of
Southem Califomia and Vemon has attracted smaller, lighter industrial facilities. The
Cigy's business friendly environment, low cost utilities and key location for trucking and
rail transport continue to position Verpn as an ideal location br industrial uses.
City Government: The City Council consists of five members, elecled at-large, who
sene Rve-)rear staggered terms. The City Council annually appoints a Mayor and a
Mayor Pro Tem fiom its own membership to serve one-)ear terms.
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City ofVernon Franchise Tow Fee Program Request for Proposals
Labor Force: Vemon has approximately 250 employees, and its departments include a
Fire Department, Police Department, Financo Department, Public Works, Water and
Det elopment Services Departm€nt, Gas and Electric Department and Health and
Environmental Control Department. Present bargaining units recognized include the
Vemon Police Ofiicers Beneft Association, Vernon Police Management Associetion,
Vemon Firemen's Association, the Vemon Fire Managemenl Association, lntematlmal
Brotherhood of Electrical Workers Locsl 47, and Teamsters Local 911.
3.@ESSED
The selected tow seMce company shall be able lo provide swift, professional seMoe in
the removal of any vehicle, as directed by the Vemon Police Dopartment, from any City
street.
4. SCOPE OF SERVICES REQUIRED
The City of Vemon is seeking the se rlces of a highly qualified to service company to
assist in:
Under the terms specified herein as well as in Chapter 48 of the Vernon Municipal Code,
Franchisee shall furnish impound, to^,ing, and storage services to the Venpn Police
Departm€nt and the City as directed by the Vemon Polic€ D€parlment. To ba eligible for
a franchise, applicants musl meet tlre City's minimum requirementrs as specified herein.
Franchisee will be required to provide the necessary trained personnel, to , trucks atd
storage fecilities to recover, if necessary, and remove vehicles and tractor/trailers
involvBd in collisions. Franchisee(s) must be able to tow and store vehicles impounded
by the police, many tirnes in excess of 30 days: and must be able to clean up and
dispose of debris at the scene of an accident at which any vehicle to be lcn ed
hereunder was involved,
The average response time for any hirty day period pursuant to requests for toiY seMce
by the Police Oeparfnent, must not exceed twenty (20) minutes. The marimum
response time for any sirple requesl for tow seMce by the Police Oepartment shall not
exce€d hirty (30) minutes. ln the event the Franchisee cannot respond wihin 20
minutes, the Franchisee shall immediately notify the Police Department dispatcher and
provide an estimated time of anival.
Franchisee must provide a dispatcher available onsite at lhe tou, facility place of
business at all limes for the immediate dispatching of towing equipmont. Franchisee's
place of business must be open frorn 0700 to 1800 hourc Monday through Friday.
Alt€mate hours, as directed by the City, must algo be available in order to ec@mmodate
special City events.
Failure or refusal to pmmptly relay the Police Dbpatchels requests for towing se rices
shall constitute failure to comply wlth he requirements, terrE and conditions of the
agreement and may resull in termination of the agreement.
All low trucks shall be equipped as provided in the Califomia Vohicle Code.
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City of Vernon Franchise Tow Fee Program Request for Proposals
Franchisee's trucks shall be painted, tree of major dents, and kept clean and in good
uiorkirE order.
Official police tow seNices shall, at all timEs, have at least three fully equipped and
operational tow trucks in service. All of the tot r trucks in sarice must have a minimum
capacity of orE (1) ton. At leasl one of the tow trucks in service must be a flatbod tow
truck. At least one of the three tow trucks in service must have a five ton (5) lifting
capacity. Every oficial police tow seMce shall be eq uipp€d for and have personnel
proficient in unlocking locked vehicles urhen requested to do so by Police Department
employees.
Upon selection the Franchisee shall flle witr the Vernon Police Oepartment, the name,
address, date of birth, driveis license number, and all other information required of any
tow unit driver employed by the permit holder subsequent to the date of the tow operator
permit application, which information shall be filed not later than ten (10) business days
folloring the effective date of hiring.
The Franchisee will be required to notify the Vemon Police D€partment of the name of
any tow tsuck drirrer no longer employed by such permit holder. This mtification shall be
given to the Vemon Police Depaftment no later than ten (10) business days following the
last date of the drive/s employment by lhe permit holder,
The Franchisee will b€ requirod to notify the Vernon Polico O€partrnent of the identity of
any tow truck driver whose license is suspended. The operator shall not be authorized
to operate in Vermn unless the operator has provided prof from he Department of
Motor Vehicles of the abilig to operate a vehicle during uork hours.
The Francfiisee will be required to enroll and participating in a program with California
Depadrnent of Motor Vehicl6 (DMV Pull Program) that notifies the Franchisee when
th€ir drivers ha\re any change to th6ir drMng status or record. This DMV program will
alert the Franchisee to any potential problem d.i\reG.
Frandrisee will b€ EquirEd to comply with the California Vehicle Code and other
applicable hws with regards to lien sales, including supplying a list of \rehicles each
rlrdlth that the Franchis€e intends to lien sale prior to sellirE same for approval by the
department. Franchisee is responsible for maintaining all documents relating to lien
sales
5, QUAUFICATIONS & CRITERIA
A Qualifrcations: The City of Vemon will select no more than two (2) tow seNice
companies for all of the outlined Scope ot Service on the basis of qualifications,
experience, and cost. The follo,ing are the mirimum qualifications to be used to
evaluate responsas lo this R€quest for Proposal:
1. The applicants can satisFy lhe insurance, business license, and tow
opeEtor permits requirements set forth in Vemon Municipal Code
Chapter 48.2. The epplicants are qualifi€d on the basis of prior experience in the towing
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City ofVemon Franchise Tow Fee Program Request for proposals
operatbn businsss and financial responsibility.3. All tow vehicles and equipment must comply with all stat6 and
applicable federal requirements.4. The applicants can reasonably conduct an official police to^ring service
which complies with all of the rcquirements of Vernon Municipal Code
Chapter 48.5 The applicants will accept all tow requested by the City, including tows of
abandoned or dismantled vehlcles and/or tows requiring special
equipment.
B. Selectlon Crlteda: The City will conduct a comprehensive, fair, and impartial
evaluation of proposals recgived in response to this RFp. All proposals received
will be reviewed and evaluated by a committee of qualified personnel. The name,
information. or experience of the indivfulual membeE will not bE made available to
any proposor. The Eraluation Committee will first review and scrBen all propeals
submitted, except for the cost proposals, according b the minimum qualifications
set brth above. The follorring criteria will be used in reviewing and comparing the
prcposals and in detemining the highest scoring bid:
1. 40lo Qualifications, background and prior experienco of the tow service
company in the Service Area(s) being proposed, expe,ience of key staff
assigned to o\,igrsee services provided to Vemon, evalu€tion of size and
scope of similar work performed and success on hat u,ork.2. 30% Cost and fe€s to the City for handling matters. Cost is not the sole
determining factor but will be tjaken into consideralion. propos€r must
offer servic€s at a rate comparable to the rate proposer offErs to olher
govemmental entities for similar work. Offering a higher rate to the City
than the comparable rate is grounds for disqualification of the proposei.
lf rates differ for different types or leveb of service, or for different
SeMce Areas, the Proposer should so siate.3. 10% Responsiveness to the RFp, and quality and responsiveness of the
proposal.
4. 20% References including past performance of pmposer.
6. FORISAT ANO DELIVERY OF RESPONSE
Raspondents are asked to submit seven (7) hard copies and one (1) electronic copy of
their proposals in sufficient detail to allovv for a thorough e\raluation and compara'tive
analysis. The proposal should include, at a minimum, the following information in
sectionalized format addressirE all phases of the work in ihe RFp.
A. Format: Limit )/our proposal to 20 typed B.S, X 11" pages, or fef,,er, on white
bond paper of at least 2Gpound weight single sided (excluding cover letter and
attechm€nts. You may attach a company brochure if )ou wish, but it musl be as
a separate attachmont and independent from the reguired elements noted ebova.
1- U,se a conventional typeface with a minimum font size of 12 points. Use a
1' margin on all boarders.
B,
City of Vemon Franchise Tow Fee Program Request for Proposals
2. O.g,anize )rour submittral in the order describsd above.
3. Provide one (1) unbound original of your compan!/s response and one
electmnic t/ersion (via email) to Ceptrain Micheel cillman,
mgillman@covpd.org
4. Prominently label the package: "Franchtse To$, Foe Program' and include
the name of thB primary contact for the respondent. Deliwr the response
to:
City of Verron
Attont'on: Captain Michael Gillman
4305 Santa Fe Averue. Vemon, CA 90058
5. Responses are due on or bofore 5:00 p.m. on April 16, 2015. Late
rEspome will not be accepted.
6. lf t/ou have any question about thb RFP, please contact Captain Micha€l
Glllman at (323) 587-5171 ext. 115.
Cover Letter: All proposals shall include a cover lener which states that the
proposal shall remain valid for a period of not less than ninety (9O) days from the
date of submittal. lf the propcal contemplates the use of sub-contraciors, the sub-
contrac{ors shall be identified in the cover lefler. lf the proposal b submitted by a
buslnEs entity, the cover letter shall be signed by an ofiicer authorized to
contradually bind the business entity. With respect to the business entity, the
cover letter shall also include: the iJentilication ofthe buslness entity, including the
name, address and telephone number of the buslness ontity; and the name, title,
address and telephone number of a conlact person during the proposal €valuation
period.
ldroducdon: Presenl an introductim of the poposal and your understanding of
the assignment ard significant steps, methods and procedures to be employod by
the propos€r to ensure quality deliverables &rat can be deliye,€d within the
required time frames and your identilied budget.
General Scope of Work: Briefly summarize the scope of work as the proposer
perceives or envisions it for each Service Area proposed.
Work Plan: Pres€nt concepts for conducting the urork plan and intenehtionship of
all projects. Define the scope of 6ach task inctuding the depth and scope of
analysis or research proposed.
Fa€s and corts: Although an important aspect of consideration, the linancial cost
Gtimate will not be the sole justiticatlon for conskJeration. Negotiations may or
may not b€ conducbd with the propos6[ therefore, the proposal submined should
contain the proposofs most fa\rorable tefrns and condluons, since selection and
award may be made without discussion with any tow sorvico compeny. All pdces
c.
D.
E.
F.
-6-
(r.
City of Vemon Franchise Tow Fee Program Request for Proposals
should reflect'not to exceed'amounts per item. Proposer musl offer services at a
rate comparable to the rate proposer offers to oth€r governmental €ntities for
similar v\rork. Offering a higher rate to the City than the comparable rate b grounds
for disqualification of the Proposer.
Ability of the Proposer to Psrform: Provirle a detailod description of the propcser
and his/heriits qualifications, including names, titles, detailed professional resumes
and past exp€rience in similar sork efforts/products of key pelsonnel who will be
working on the assignment. Provide a list of specific related work proFcts that
have been compbted by the propos€r which are directly related to the assignment
described in this RFP. Note the specific individuals who completed such projec(s).
ldentify role and responsibility of each member of the poect team. lnclude the
amount of time key personnel will be involved in the respective portions of the
assignment. Respondents are en@ur{ed to supply relevant examdes of their
prcfessional product. Provide a list of references.
The selected tow service companies shall not subcontract any work under the RFP
nor assign any work without the prior written consent of the City.
Afridavit of Non-Collusion. Proposer must submit a complated and signed,
'Affidavit of Non-Collusion.' (Copy attacfied as Exhibit A).
AOOENDA CHANGES, AllD AiIENDiTENTS TO THIS SOUCITATION
At arry time priot to the due date for responses, the City may make changes.
amendments, and addenda to this solicitation, includirg changing the date dJe to allo^,
respondents time to address such changes. Adderda, chang€s, and amendments, if
made, will be posted on the Ciys website (u vrrr.cityofuemon.org ), B'tlich is deemed
adequate notice. A proposer may make a requ€st to the City's proiect coordinator to be
placed on a list of persons to receive ,tioe of any such addenda, changes, or
amendments. The prefened manner of communications ls via e-mall due to its
timeliness.
8. CONDITIONS FOR RESPONSES TO RFP
The follo,ving conditions apply to this RFP process:
A NothirE contained in this RFP shall create any contractual
relationship between the respondent and the City.
B. This RFP does not obligate the Cig to establish a list of service
providers qualmed as prime contractors, or award a contraot to
any respondent. Th€ City r€serv€s the right to amend or cancel
this RFP without prior notice, at any tim€, at its sola discrotion.
The City shall nd be liable for any expens€s inqJned by any
individual or organization in connection with this RFP.
No comrersations or agreements with any orficor, agont, or
7.
c.
7
City ofVemon Franchise Tow Fee Program Request for Proposals
employee of the City shall affecl or modify any terms of lhis RFp,
Oral communications or any wri[en/e-mail materials provided by
any person other than designated contact staff of City shall mt be
considered binding.
E. The City reserves the right, in its sole discretbn, to accept or
reject any or all Proposals without prior notice and to u,aive any
minor inegularities or defects in a Proposal. The City reseru€s he
right io seek clarification on a Proposal with any source.
F. The dates, times, and sequence of evenls related to this RFp
shall ultirnately bs determined by the Clty. The schedule shown
above is subiect to change, al the sol6 discretion of the City,
although the City will atlempt to follorrv it and, if it must be altereJ,
will attempt to provide reasonable notice of the ctnnges_
G. Respondents shall not issue any nenrs release pertaining to this
RFP, or the City without prior $nitten approval of tho CiV.
H. All submitted proposab and information included therein or
atladred thereto shall become public record upon delircry to he
City Administrator's Ofiice.
RIGHT BY THE CITY TO WITHDRAIA' THIS REOUEST
The City may, at its sole discaetion and for any reason whatsoever, withdraw this
sollcitalion at any time.
,0. LIVING WAGE ORDINANCE
The selec'ted tow service companies shall pay qualifying employees a wage cf not less
than $10.30 per hour with health benefits, or $1 1.55 per hour without health benefits.
The tow service mmpanies shall also provide qualifying emplo)rees at least twelve dalrs
off per year for sick lea\re, vacatlon or personnel necessity, and an additional ten dayi a
year of unmmpensated time for sick leave. There shall be a prohibition on employei
retaliation against an employee's mmplaining to the City with regard to the empbye/s
compliance with the living wage ordinance. The touv services companios, and any sub-
contracfo(s), shall comply with the City's Living Wage Ordinance. The cunent Living
Wage Slandards are set forth in Exhibit'D' of the standard form franchise bwing
servbB contract, attached tEreto as Exhibit B. Upon the City's request, certilied payroll
records shall promptly be provided to the City.
-8-
City ofVemon Franchise Tow Fee Program Request for Proposals
11, STANDARD TERI'S ANO CONDITIONS
Prior lo the award of any work hereundq Cily and proposer shall onter into the written
contract for services attached h€reto as Exhibit B. Propos€rs respondirg to this RFP
are strongly advised to review all the terms and conditions of lhe Contracl lhe term of
the Contracl shall not exceed three (3) years,
-9-
City ofVemon Franchise Tow Fee Program Request for Proposals
EXHIBIT A
AFFIOAVIT OF NON.COLLUSION
- 10 -
AITIDAVIT OF NON.COLLUSION BY COMRACTOR
STATE OF CALIFORNI,A )
)ss
coLtNIY OFLOS ANGET-ES )
bejng first duly swom deposes
and says that hdshc is
of
(lll!.rl '5.L Oqtl.i, 'P!nE/. .Irtsid.i! .S4rssry., o. otllr pmpcr dtL)
(IEn tl&. of biliLr)
who submils h€icwiih @ rhc City of Vcrnon s bid/proposal;
ThEi all siatcncns of fact in such bidiproposal are uuc;
Thrt such bid/proposal w8s not mrde in the interur of or on bdralf of any undisclosed person,
panncrship, compaly, associatbn, organization or corporsbon;
That such bid/pmposal is gcouinc and not collusivc or sham;
That said biddcr lus nog direcdy or indirccdy by agrtcmcnq mmmunication or confcrcncc with an5rone
altcmptcd to inducc action pr€judicial to the hterBt of the city of vernon, or of any otlrer bid&r c
anlone else intcrestEd in the proposed cont-acq and firnher
Tbrt prior b the prblic opcning and reading of birts,fmposa\ said biddcr:
a. Did not dL€ctty or indirEctly, induce or solicit anl,one els€ !o submit r false or shrm
d
bid/proposal;
Did not directly or inclirectln collude, conspie, conni're or agrE€ with anyone else that said
bidder or anyone else would submit r false or sham bid/proposa! or tlnt anyure should retain
from bidding or withdraw hivha birUproposal;
Did not, in any manner, directly or indircctly s€ek by ageement, corununicotion or confererrce
with anprr to raise or fix the bid/proposal price ofsaid bidder or of anlone else, or ro raise or
fix any overhead, profir or cost element of his/her birUpropcal pric.c, or ofthat of anlone elsc;
Did no! dir€ctly or indirecrly, submit hiVher bi&fropoerl price or any brcakdown thaeof, or
the contents thereof, or dir1rlge information or data relative thcreto, to any corpontion,
pqrh€rdlip, company, association, organization, bid depository, or to any ncarbcr or ageni
thcreof, or to eny individual or group ofindividurls, except the City of Va.lroq or to any pafson
or pcrsons who have a paftlership or odrr fuEflciat inter€st with ssid bidd6 in hMcr blsin€ss.
I ccrtifu uader penalty of perjury that tle above information is correct
By ritle:
Mlrch 201 l
c.
City of Vemon Franchise Tow Fee Program Requ€st for Proposals
B(HIBIT B
STANDARD FORM CONTMCT
-/l-
CIry OF VERNON
FRANCHISEE TOWING SERVICES AGREEMENT NO.
COVER PAGE
Franchisee:[insert name of franchiseel
Flesponsible Principal of Franchise€: linsert name, titlel
Notice lnformation - Franchisee: [insert name of franchiseel
[insert str€et address]
[insert city, state, zip oodel
Attention: [insert name, titlel
Phone: [inserl phone number]
Facsimile: [insert fax number]
Notice lnformation - Cit)4
Cornmencement Datel
Termination Date:
Conslderation:
Records Rotention Period
City of Vernon
4ii05 Santa Fe Avenue
Vemon, CA 90058
Attention: linsert department headJ
linsen department haad titlel
Telephone: (323) 583-881 1 ext. linserl]
Facsimile: [insert fax number]
[insert commencement date]
[insert termination date]
Payment is made by Franchisee to City
pursuant to Soction 3 of this Agraement.
Payment is made to Franchisee by City
pursuant to Section 5 of this Agreement.
linsert number of years contractor must
retain recordsl
March 2015
CITY OF VERNON
FRANCHISEE TOWING SERVICES AGREEMENT NO.
This Agreefi)enl is made and enlered into by and between the City of Vemon ("CiM), a
Califomia clnrter City and Califomia municipal corporation, and
('Franchisee'), a Folico Toriing Company with its principal placa of business at
(colleclively, the 'Parties') to provide for to$/ing services lo the
City
The Parties agre€ as follows:
RECITALS
WHEREAS, Frenchisse shall proide polica towirq services to the City of Vemon as sel
,orth in the Request for Proposal dated . Exhibit A. and Franqhisee's roDosal to the
Citv ('Prooosal;) datEd E
lnto this AorcemenL bv reference-
WHEREAS, pursuant to Chapter 48 o{ the Vemon Municipal Code, Franchise has
applied for a Police Tourlng Franchlse ('F.anchise'); and
WHEREAS, the City Council has held a pubtic hearing for thg pumose of hearing
persons in favor of or in opposition to the granting of such Frandrise; and
WHEREAS, the City Council has determined that Franchises has demonstEted
cornpliane wilh Chapter 48 of the Vemon Municipal Code and has agreed to comply with all
provisions of that Chapter; and
_ WHEREAS, it is r€quired thal City and Franchisee enter into a Frenchiso Towing
SeMces Agreement ("Agreenrenf ) for Fdice Towing eervices in the City of Vemon; ani
WHEREAS, additional conditions have been imposed upon thls grant of Franchise.
NOW, THEREFORE, the Partie do hereby agre€ as frdlone:
Section 1. GRANT OF FRANCHISE.
City grants to Franchisee a Police Towing Franchise authorizing Franchisee to er€age
in the business of Polic€ Towing as set forth in chapter 48 of the vemon Municipel code in the
city ot vemon and to use the public streets and nghls of way for sucfi purpose. This grant is
pur$uant to lhe City's Request for Pro@sal and to Franchisee's proposalfor the Franchise.
Franchisae is subiect to the terms and condiflons specifi€d in secuon 8.9 of the charler of th€
Clty of V€rnon, the provlsions of Ghapter 48 of the Vemon Municipal Code, the terms and
conditions $pecified in all ,elated resolutions, the terms and conditions of this Agreemenl, therepresentations and asstrances in Franchisee's application for the Francfrise.
Section 2. TERM OF FRANCHTSE.
The term of this Franchise granled to Franchisee shall b€ for three (3) years, from
lo inc{usive.
March 2015
Section 3. FRANCHISE FEES.
3.1 During the term of lhe Franchise, Franchisee shall pay franchise fe€s to
City, which fees shall be assessed from the date on which the ordinance granting this Franchise
bec€me effeclive and in accordance with Section 48.8 of the Vemon Municipal Code and any
Resolution adopted by the City Council and in such other amounts as are set forth in any
subsequent resolutions that may be adopted by the City Council at any time during the tem of
the Agreement.
3,2 Franchise shall timely pay all required ftanchise fees to:
Finance Department - Director of Financ€
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90056
Eacfi payment shall be accompanied by a written sEtement, veritied by the Franchisee or a duly
authorized represenbtive of the Franchise, showing in such form and detail as the Director of
th€ Department of Finance may prescribe, the calculation of the franchise fee payable by the
Franchisee and such oth€r information as the Director of the Department of Finance may
require as material to a determination of the amount due.
3.3 The first payrnent of the franchisa fee will be due on
and payments shall be due monthly thereaftor on the 15u day of each month.
3.4 When Franchisee remits franchise fees the City, such franchise fees shall
be deemed timety paid only if deliverad or posfnarked on or before the due date. lf fBBs are not
timely paid, Franchisee shall be sublect to suspansion or Emination of the Franchise pursuant
to Section 14 of this Agreement and/or to any other penalties which may be establbhed and
assessed by the City, including, but without limitstion, late fees assessed at the rate cf fiw
percent (5%).
Section 4. TOWING SERVICES.
4.1 Franchisee shall pmvide Police Tdr/ing services, as set forth in Exhibit A,
whlch is the city's Request for Proposals for official police Tow services, and whicfi includes,
but wthout llmitation, strictly adhering to the eligibility requirements. operating regulations, fees
schedules. standards for to^, truck equipment, standard rules of operafion, response time,
inspection, information regarding new or terminated tow truck drivers, tow driver training, and as
set forh in Bdibit B which is Franchisee's response to the City,s Requ€st for proposali. All
seMces by Franchisee shall comply will all prwisions of federal, state and local hw and
regulation, induding, but without limitation Chapter 48 of the Vemon Municipal Code.
4.2 Franchise€ und€rstands and agrees that, although the City is granting it a
franctrise as a police torving servic€, the city may requisition towing services from ot-her seriiceproviders as set forth in section 48.12 of the vemon Municipal coJo, or if Franchisee is
otherwlse unavailabl€ for any reason, in the reasonable disiretion of the Vemon chief of police
and including, but without limitation, suspension or termination of the Franchisee.
March 2015
Sec{ion 5. RATES, CHARGES AND PAYMENT.
5.'l The rates and charges for towing and storage in connection with this
Franchise shall be established by the City Council. The prevailing rates prescribed by the
Southem Dvision of he Califomh Highway Pahol, the Los Angeles Police Deparbnent, and the
Los Angeles County Sheriff will be considered when sstablishing these rabs. The rate per
impound shall be $_ and the storage charge shall be $_ per day, until
otherwise modirisd by the City Council. A sign showing lhe approved rates and charges shall
be conspicuously postod in the Franchisee's tow oflice and shall be posted in a conspicuous
place in lhe interior of each tow truck operaied by Franchisee. Franchisee shall provide whicle
owners the option of payment by Mastercard and Msa. Franchise€ must provide for after-hours
releases of vehicles, and may collect an aflor-hour release fee. As part of the arirard of
franchise the City Council will be rBquested to establish an after-hours release fee not to exceed
% of the impound fee in addition to olher established fees,
Section 6. REPORTS.
Franchisee shall file a monthly towing report with the Chief of Police along with payrnent
of its monthly franchise fees. The report shall be submitted to:
Chief of Police
Vernon Police Department
4305 Santa Fe A\renue
Vernon, CA 90058
The report shall include the information required by Section 48.10(H) of the Vemon Municipalfue for Franchisee and ib subcontractors, c€rtified as true and conect under penalty of
perjury by a responsible owner or official of the Franchisee:
Section 7. FMNCHISEE'S RECORDS.
7.1 The Franchisee shall maintain accurate and ctrnplete books and
accounls of all revenues and income arising out of its operalions under the Franchise and in a
manner, which conforms with generally accepted accounting principles. Frsnchisee's books,
accounls and records, arising out of or related to its operation under the Franchise, shall at all
times be open to inspection, examination and audit by authorized officers, employees and
agenB of lhe City. Such records shall be kept at franchisee's place of br.siness shown in this
Agreement for receipt of notices.
7.2 Franchisee shall require its subcontractors, if any, who perform police
Towing seMces in connection with he Franchise to keep and maintain books of account and
other records showing all business transactions conducted by such subcontractoE in
connection with lhe Franchise. Franchisoe agrees to use its best etforis to avoid duplication of
reporting b€tween Franchisee and its sub@ntractors.
Section 8. TOVV VEHICLE AND DR|VER. REPORTTNG. COMPL|ANCE. AND
IDENTIFICATION.
8.1 Franchisee shall maintain on file with he City, a complete and accurate
listing of every raehicle operated by Franchisee for police towing services. Franchisee shall
certifo, in a form acceptable to city, that every such vehicle conforms with regional and state
March 2015
vehicle 6mission standards ('emission standards'), and shall provide documentation of
compliance on written request of the City. Franchisee understands and agres that failure to
conform with emission standards may result in suspension, termination or non-renewal of a
Franchise.
8.2 Every vehicle operaled by Franchisee and for Police Towing seMces in
the City shall bear the following identification: Franchisee's trade name, monogram or insignia,
the Franchise vehicle number, bgether with Franciisee's telephone number painted upon both
sides of the vehicle. All lettering menlioned in this paragraph shall be not less than 2-1H in
height and not less than 5/6' stroke. The Franchisee agrees to remove the Franchise vehicle
number and all other informaiion within 30 calendar days after the Franchise is terminated or
the vehide is sold, transferred or tsken out of service.
8.3 Franchlsee shall file with the Vernon Police Department, the name,
address, date of birth, drive/s license number, ard all identification required of any tow unit
driver workir€ for Franchisoe, whether as an employee or as a contractor, which information
shall be filed not later than ten (10) business days following the effective date of employnent or
engageinent Franchisee shall also notify the Vemon Police Department within ten (10)
business days of the follouring occurences: the license suspension of any tow unit driver, and
the end of employment, or engagement, of any tol unit driver with Franchisee.
Section 9. INDEMNIFICATION OF CITY.
9.1 Franchisee shall indemniry and hold the City harmless from and against
any and all loss, damages, liability, claims, suib, costs and exp€nsss, fines, charges or
p€nalti€s whatsoever, irrcluding rsasonable a[omey's fees, regardless of the merlt or outcome
of any such claim or sult, arising from or in any manner r€lated to the services provided or
business conducted under Chapter 48 of the Vemon Municipal Code or othe/wlse pursuant to
this Agreement.
9.2 Franchise€ shall ind€mniry the City, defend with counsel approved by the
City, protect and hold harmless the City, its otficers, employees, agents, assigns, and any
successor or successors to the Citys interest froryr and againsl all claims, actual damages
(including but not limited to special and consequential damages), natural resources damage,
punitive damages, injuries, costs, response, remediation and removal costs, losses, demands,
debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest. lines
and charges, penalties and expenses (including, but not limited to, attomeys' and expert witness
fees and costs inqjrred in connection with defending against any of the foregoing or in enforcing
this indemnity) of any kind whatsoever paid, incuned or suffered by, or asserted against, the
City or its officerc, employees, agents or the Franchisee arising from or attributable to any
repair, remediation, cleanup or detoxification, or preparation and implemenlation of any
removal, remedial, response, or closure or other plan (r€ardless of whether undertaken due to
govemmenlal action) concerning any hazardous substance or hazardous uaste at any place
r/here the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is
intended to operate as an Agreement pursuant to the Comprehensive Environmental Responsa,
Compensation and Liability Act, 42 Uniled States Code Section 9607, and California Health and
Safety Code Section 25364, and any successor provisions, to in6ure, protect, hold harmless,
and indemnify the Cig from lhbility.
March 2015
Sectionl0. INSURANCEREQUIREMENTS.
10.1 Franchisee shall, at lts sole cost and expense, procure and maintain in full force
and effect, throughout th€ term of thisAgreement, inclusive of any reneural term granH by City,
insuranoe ageinst claims for iniuries to persons or darnages to property which may arise lrom or
in connection with the performance of the services hereunder by the Frandlisee, its agenb,
repres€ntatives, emplolEes or subcontractors. Franchisse shall ploc re and mainhln
insurence polioes of the tlpes and meeting the requirements set forth belo^r, and shall Provide
to the City a CertiJic€te of hsurance, or other suc*t evidence reasonably scceptable to the City,
verlfylng the existBnc€ of sudt policies:
10.2 Mlnimum Smoe of lnsurance Coveraoe. Franchisee shall ptocure and mainlain
policiE ol insurance wilh minimum scopes of coverage AT LEAST as broad as the following:
(a) ComprehensiveGeneralLiabilitylnsurance.
(b) ComprehensiveVehicle Liabilitylnsuranoe,
(c) Workers' Compensation lnsurance as required by the State of Califomia
and Employe/s L'nbility lmurance.
10.3 Minimum Umits. Vendor shall maintrain insurance wilh minimum limits NO LESS
THAN the following:
(e) General Liability of Two Million Dollars (62,000,000) for sach occunanco
and in the aggregaG, combinBd single limit, ageinst any bodily injury, deelh, parsonal
injury, or property damage. ln Comprehensive GenBral Liebility lnsurance or other form
in which a general agg.egate limit is used, the general limit shall apply s€paratEly to this
Agreement or the g€neral limit shall be TWICE the required occunence limlt.
(b) Automobile Llabllity of One Million Dollars ($1 ,000,000) per accident fot
bodily injury and property damage.
(c) Garage KeePrs Legal Liability coverage with minimum limits of Ttit o
Hundred Fifty Thosand Dollars ($250,000) per occunence.
(d) Emdo),er's Liability of One Million Dollars ($1 ,000,000) per accident for
bodily injury or disease.
(e) Wofter's Compensatioo and Employer's Liability lnsurance in an amount
required by law.
10.4 Deduclibles. Any deductibles or self-insured Gtentions must be declared to and
approved by the City- At the option of the City, Franchisee shall eith€r:
(a) Reduce or eliminate such deductibles or self-insured retentions as
respect to lhe City, iE elected and appointed offlcials. ofilcers, emplolrees, agents,
representatives, attorne)/s, and volunteers: OR
(b) Procure a bond, guarenteeing payment of losses snd related
invGtlgations. claim administlaton and defense expenses.
March 2015
_ 10.5 RequhEd Endorsements. All of the poricies required by this Agreement shall
conhin, or bE endorsed to contain, the following provisions:
(a) City, its elected and appointed officials. officers, emplo)rees, agents,
reprGentatlves, attomeys and volunteers shall be named as additional insured parties,
and the policies shall specifEally state that the coverage contained in the policies affords
insurance pursuant to the lerms and conditions as set forth in this Agreement.
(b) The insurance coverage prorided by he Franchise€ shafl be primary to
any coverage ar/ailable to the City. Any insurance or self-insurance maintained by City,
its Officers, Omcials, emplo),ees Or volunteers Shall be in excess of Franohisee'S 6wn
-
insurance and shall not contribute with it.
(c) The insurance policies shall contain no special limitations on the scope of
protectbn afforded to the City, its elected and appointed officiab, oflicors, employees,
agents, representatives, atorne!6 or volunteers. Further, the policies shall expressly
uraive the right of subrogation against City, its elected and appoinled officials, ofiicers,
emplolees, agenb, representatives, attorneys or volunteers.
(d) Any failure to comply with reporting or other provisions of the policies
induding breaches of warranties shall not affect coverage provirJed to the City, its
elected and appointed officials, officors, emploloes, ag€nts, represantalires, attomeys
or volunteers.
(e) The insurance coverage shall apply separately to each insured against
whom claim is made or suit is brough[ except with respect to the limits of the insureds
liability.
(f) Each insurance policy required by this section shall be endorsed to state
that coverage SHALL NOT be suspended. voided, and/or canceled by either party, and
that there shall be no reduction in the amount of coverage or in the limits applicable
thereto EXCEPT after thirty (30) days prior written notice has been given to the City, said
written notice to be delivered by U.S. Certified Mail, Return Receipt Requested
addressed to the City Attorney and City Finance Director.
b) ln its sole discretion, the City may waive all or some porlion of the above
referenced insurance if such waiver is in writing and executed by citys Finance Director,
. . 10:6 BgSuredjnsuElce Be!!S. Any insurance policy required by this Agreement
shall be placed with an insurer admitted in the State of Califomia with a current A.M. Best,s
rattng of NO LESS THAN B+:Vll in the latest edition of Best,s lnsurance Guide.
10.7 Olioinal CertiricaEs Reouired. At all times during the term of this Agreemont,
Franchisee shall maintain on file with the Ci!y's Finance Elirsctor a certificate or certificates of
insurance. Said cerlificate or c€rtificates of insurance shall shou, that the aforesaid policies are
in effect in the required amounts and shall contain each of the endorsements as set forth in
section 10.3. Francfiisee shall, prior to commencement of work under this AgrBement, file with
the city Finance Direcbr the onginat certficates effec[ng coverage required 6y this section of
this Agreement. The erdorsements are to be signed by the person auitrorEed by ttat insurer to
March 2015
t$nd coverage on its behalf. The ondorsements are to b€ raceived and approved by City be{ole
Franc.hisee mmm€nc€s operation under the t6rms of this Agraement
10.8 Failure !o Maintain Required lnsurance. Franchisee agreeE that it it fails to k€€p
the aforBaid insurance policies in full force and effsct the City may, at its sole option, either (i)
immediat€ly terminato this Agr€€fl16nt or, (ii) if insurance is available at a reasonable cost, the
City may take out the nec€ssary insumnce and pay, at Franchisee,s cost and expens6, the
promium thffeon.
Section 11. TERMINATION AND SUSPENSION.
The Cig may terminate ltris Agrcament, without caus6, by glvlng the Frandliss
thirty (3o) days u,ritt6n notice of such termination and the effective date thereof. The Gity may
terminats this Agr€€rn€nt, wilh caus€, by giving the Franchisee (10) days writt8n noti@ of such
terminat'on and the effective date ther€of. Cancellation for cause shall be at the dbcr€tion of
h€ City and shall be, but is not llmiled to, failure to supply the materials, equipment or servioe
specified within the time allowed or within the terms, conditions or provisions of this contract.
The Franchisee mey not c€ncel this Agr€€ment without prior wrinen cons€nt ftom the Vemon
Chiof ol Polic6.
Section 12. TEMPOMRYSUSPENSION.
ln addition to termination or suspension as set forth in Section ,l1, ebors, tre Chief of
Police may temporarily suspend any Franchisee without a hearing, whenever he continued
operEtion by fie F?ahchbes would oonstitule a danger to public health, sefety. rrclfare or public
morals, including. without Jimitation, where lhere is a failure to maintain th€ minimum bveh and
standaids of liebility insurence or cleims resen/e or failure lo keep in fullficrce and eff€ct any
applicable licansas or permits required by f6deral, slate, local taw, or regulation. The notice of
temporary suspension may b€ personslly delivered to the parly named and to the address gi\ren
on the application pursuant to which such Franchise was issued and to the notice address
stat8d h€rein, if differenl or. mailed by rBgist6red or certffied mail to the party named at the
addross given on the application puBuant to wtrich sudl Franchise was issued and to the noticG
address sEted herein, if difierenl Nolwithstanding other notics provisions of this Aoreement,
he temporary suspension is effective upon the eerlier of eilhs receipt or the expiration of 3
days ftom the date of mailing. The notice of temporary suspension shall include a nollce of the
date and time for termination h€arirE and all other irformauon required by the Vemon Municipal
Code, The temporary suspension shall r€main Ellective until the decision on suspension or
termination is made unless the suspension is lifted by written notice of the Chief of polioe.
Section 13. ACCEPTANCE. WAIVER.
Franchisee agrees to be bound by and comply with all the requirarnents of Chapter 48
and this Agr€amant. By entering into his Agreement, Franchisec wai\res, to the maximum
ext€nt permitted by hw, Franchis€e's right to challenge the terms of this Agrcefient and of
Chapter 48 under federal, state or local law, or under administrative regulation, as such laws
and regulations exist es of the date of 6ignirE of this Agreemeni.
Section 14. cENEML TERMS AND CONOITIONS.
14.'l INDEPENDENT STATUS. lt is undorstood ihat in the performance under
this Agreement, Franchiso€ shall b€, and is. an indepEndent operator. ard is not an agsnt,
March 201S
contractor, or employee of clty and shall fumish services in ils own mannsr end method.
Furlher, Franch'rsa€ has and shall retain he right to exercisE full conhol ovEr the employment,
direciion, compensation and discharge ot all porsons employed by Franchisee in its'br.6iness
operations. Franchises shall bo soloiy responsible for, and shall indemnify, defend and save
city harmless ftom all matters rolaling to the payment of is employees, including compliancs
with social socudty, withholding and all other wages, salaries, benefits, taxes, exactions, and
regulations of any nature whatsoever.
14.2 FRANCHISE NOT AGENT. Frenchises and its subcontrectors sha have
no authori9, express or implied, to act on behalf of or bind the City in any capacity whaboe\rar
as agents or othenArise,
14.3 lrYAl\GR. The City's waircr of any term. condition, breach or default of
this Agre€ment shall not be considored to be a weiver of any oth€r lerm, cofldition, default or
breech, ,ror of a subs€quent breach of he one uraived,
14.4 NO ASSIGNMENT. The Franchisee shall nol assEn or transfer any
interBst in his Agreement without the express prior written mnsent and approval of City
Council.
14.5 COMPLIANCE WITH [-AWS. Franchisee shall comply with all Federal,
Sbte, Courty and City hws, ordinances, resolulbns, rules and regulations, which er€, as
amcnded from time to tim€, incorporaled herein and spplicablo to the perfrormance hereof.
14.6 ATTORNEYS FEES, lf any action at law or in equity is brought to
enforce or interprel lhe terms of fris Agrednent, tre prevailirB party shall be entided to
rEasonable attomsys fees, costs and necessary disbursernente in addition lo eny othEr relief to
wtrich such party may be entiflod.
14.7 INTERPRETATION,
14.7.1 Apolicsble llw. This Agreement, and the rights and dutbs of tha
partes hdEunder (bolh procedural and subshntit e), shall be golr€med and construgd
acerding to lhe leu6 of the State of Celifdnia.
14.7,2 Enllre Aor6em€nt. This Agre€ment, including any Exhibits
ett8chod hereto and any doclrmenb explidtly referenced herein, constitutes the €ntire
agreemcnt and understanding betwoen the partlcs regarding lts subiect rEtter and supersedes
all prior or contemporaneous negotiations, reF€seflbtions, understandings, oone€pondenco,
doqrmentation and agreements (uitten or oral).
14.7.3 Written AmBndment. This AgrEement may onty be changed by
written amendment sign€d by Franchisee and the City Administrator or o(her aulhoriad
representatlv€ of the City, subioct to any requisite authorization by the City Council. Any o.al
repreentations or modifications concaming lhis Agreement shell be of no force or effec*.
- 14.7.4 Sewrabititv. lf any provision in this AgroEmant is h€ld by any
cor.rl of compotent jurisdiction to be invalid, ill€ga|, void, or unenforcaable, sucft portion shill be
deemed sewred ftom lhis Agreement, and the remaining provisions shall nevertheless continue
in full furce and effect as fully as though such irwalid, illegal, or unenforceable portion had nevBr
been pert of this Agroement.
March 2015
14.7,5 Choice of Forum. The parties hereby agree that this Agreement is
to be enforced in accordance with hs law6 of the State of Califomia, is entered into and is to be
performed in th6 City of Vernon and that all claims or conbov€rsies arising out of or related to
perforrnance under this Agreement shall be submitted to and resolved in a forum within the
County of Lc Angeles at a plac€ to be determin€d by the rules of the brum.
14.7.5 Order of Precsdsnce. lncaseof conflict between the terms of Hris
Agreement and the terms contained in any document attached as an Exhibit or otherwise
Incorporated by reference, lhe order of precedence is as follows: Charter the City of Vemon, the
V€mon Municipal Code, the ordinan@ granting thb Franchise, resolulions ol the City of Vemon
lhis Agreement, the City's Request for Proposals for Ollichl Police Towing SeNices, and
Franchisse's Response to the City's Request for Proposals for fficial Polic€ To ,irE Services.
14.7.7 Duplicate Orioinals. There shall be two (2) fully signed copies ot
this Agreement, oach of which shall be deemed an original.
14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and
warranb to the City that he Franchis€e has the right, power, legal capacity and authority to
entor into and p€rform lts obligstims urder this Agreement, and its execution of this Agreement
has been duly authorized.
Section '15. AODITIOML ASSUMNCES.
15,1 EOUAL EMPLOYMENT OPPORTUNITY PRACTICES,
Franchisee oertifies and rep€Bents that, during the performancs of this
Agreement, Franchisee and any other parties with whom it may subconhact shal adhere to
equal opportunity employment pradices to assure that applicants and employees are treated
equally and are not discriminated against because of their racs, religion, color, nataonal or(rin,
ancestry, disability, sex, age, nEdical oondition, maritel status. Franchisee further eerttfles that
it will not maintain any segregeted hcilities. Franchis€e further agrees to comply s,ith The
Equal Employrnenl Opportunity Praclices prouisions as sel forth in Erhibit "C'.
15.2 EUSINESS LICENSES. Frenchisee shall obtain, and pay any and all
costs associated therBwitl, arry Vemon Business License, whlch may be required by the
Vernon Munioipal Code end all permits, and licenses applic,abie to Franchlsee's operations
under this Franchise, which are required of Franchisee by any governmentel agency.
1 5. 3 MATNTENANCE AN D tNS PECT |ON_O. _F_BEGORDS,
The City, or its euthorized auditors or reprcsentatlves, shell have access to and
the right to audit and reproduce any of he Franchbee's records to the extent the City deems
necessary to insure it is reEiving all rnoney to whbh it b entiued under the Agreement and/or is
paying only he amounts to lyhich Franchisee is properly entitled under the Agreement or for
othgr purposes relating to the Agreement.
The Francfrisee shall maintain and preserve all such records for a period of at
least 3 years after termination of the Agreement.
The Franchisee shall maintain ell such rocords in the City of Vemon. lf not, the
Franchisee shall, upon request, profiptly deliver the records to the City of Vemon or roimburse
March 2015
the City for all reasonaHe and €xtra costs incurred in conducling the aLdit at a location other
than fie City of Vernon, including, but not limitEd to, such addilional (outof the City) expens€s
for personal, saleries, private auditors, travel, lodging, meals and overhead.
15.4 CONFLICT. Franchis€e heroby r€pressnts r/arants and csrtifies that no
member, offrcer or employee of the Franchis€e is a director, officer or employee of the City of
Vemon. or a member of any of its boards, commiss-ons or @mmittees, e)G€pt to the extent
permi[ed by law.
S€ction 16. LIVING WAGES.
Franchisee. end any subconhaclo(s), shall comply Wth the Ci!/s Uving Wage
Ordinance. The current Living Wage Standards arc set forth in Exhibit 'D'. Upon te Cigs
,equest, certified payrcll mcods shall prompfly be provided to th€ City.
Sectiol 17. NOTICES.
Except as otherwis€ provided in this Agresment, all noticas rcquired by this Aoreement
or by Chad€r 48 of tha Vomon Municipal Code shall be givsn by p€rsmal ssMce or by deposit
in he UniEd States mail, pctage pr+pald and retum rBceipt rBquested, addressed to tho
parlies as follows:
To City; Chief of Police
Vemon Pdirx Department
4305 SanE Fe Avenue
Vemon, CA 90058
Copies to: Dir€ctor of Finan@
City of Vemon
4305 Sants Fe Avenue
Vernon, CA 90058
Franchisee:
Notice shall be deemed efrective on ths datt personally served or, if mailed, three days the date
deposited in the mail.
[Signatures Begin on Next Page]-
March 2O15
lN WTNESS WHEREoF, the parties hereto have caused this Agreemenl to b,e
executed by their duly authorized representatives as of ths dete set forfli below.
City of Vernon, a Cafbmta charter C:ty iFRANCH|SEE,S NAME, a [SEt€
and California municipal corporation incorporatad in] corporation
Mayor i Maylr PrG.Tem Name:
Tirte:
ATTEST:
Maria E. Ayala, City Clerk TiUe:
APPROVED AS TO FORM:
Hema Patel, Ciry Anomey
By:
Name:
March 2015
DATED:DATED:
By:By:
EXHIBIT A
REOUEST FOR PROPOSALS
March 2015
EXHIBIT B
FMNCHISEE'S PROPOSAL
March 2015
A.
B.
c.
EXHIBIT C
THE EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Conhaclor certiles and represents that, during the pedormance of this Agreement, the
contracbr and each subcontractor shall adhere to equal opportunity emptoynrent praaices
to assure lhat Epplicents and emplo!@s are heaGd equally and are not discrimin;ted
against because of thelr race, religious creed, color, nationil origin, ancGtry, handicap,
sex, or age. contractor ludher cenirres that it will not maintain any segregaied facilities.
Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employment placed by o it is an .Equal Opportunity
Employe/'or that all qua ration for employ;enl wi[hout
regard to their race, relig onal origin, anaestry, nandicap, sex or age.
contractor agrees that it shall, if rcquested to do so by the city, cGrtify that it has not, in the
performance of fris Agreement, discriminated against applicanb or employees because of
their mernbership in a pmtected class.
Contractor agrees to prwide the City with access to, and, if requested to do so by City,
through its awErding authority, provide copieG of all of its records pertaining or relatinj to its
employrnent practic€s, excspt to th€ sxt€nt Euch r6cord6 or portions of suCh records ire
confidential or privileged under sbte or federal law.
Nothing contained in this Agr€ement shall be construed in any manner as to require or
permit any act wtlich is prohibited by law.
March 2015
EXHIEIT D
LIVING WAGE PROVISIONS
Minimum Livinq Waoes:
A requirement that Employers pay qualifying ernployees a wage of no less than $,10.30 per hour
with health benefits, or $11.55 per hour witrout lealth benefits.
Paidand Unoaid Davs Ofi:
Employers provide qualifying employees at least twelvg compensated drys off per year for sick
leeve, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retallatlon:
A prohibition on employer retaliation against empbyees complaining to the city with regard to
the employe/s compliance with the living wage ordinance. Employees may brirE an action in
Superior Court against an employer for back pay, trEbte damages brwillful violaiions, and
atbmey's fees, or to cornpel City ofiicials to terminate the service contract of violatirE
empbyers.
March 2015
EXHIBIT B
EXHIBIT B
FRANCHISEE'S PROPOSAL
- 15 -
FRANCHISE TOW FEE PROGRAM
PROPOSAL
Made To The
City of Vernon
Police Department
4305 Santa Fe Avenue
Vemon, CA 90058
Made By
U.S. Tow, [nc.
21 19 East 25e Street
Los Angeles, CA 90058
li19 E. l:.,'ir Srrcet
Apnl 16,2015
City of Vernon Police Department
Attention: Captain Michael Gillman
4305 Santa Fe Avenue
Vemon, CA 90058
RE: FRANCHISE TOWFEE PROGRAM
Dear Captain Gillman:
U.S. Tow, Inc. is pleased to submit this proposal to provide a Franchise Tow Fee
Program for the City of Vernon Police Deparfrnent.
Competitive Position
U.S. Tow, Inc. originated in 1983. The firm has served the Los Angeles Police
Department as the Offrcial Police Garage for the Newon Division since 2004. It
additionally serves other governmental entities including the City oflos Angeles
Department of Transportation, the Califomia Highway Patrol, the Los Algeles County
Sheriffs Department, the City of Los Angeles Housing Authority, the University of
Southem California Deparunent ofPublic Safety and the City oflos Angeles School
Police Department.
Ex perience/lVla nagement
U.S. Tow, Inc. was acquired by Moshe Ben Dayan in 2013. Mr. Ben Dayan assumed the
ownership of U.S. Tow with a wealth of previous towing experience. He founded and
has operated Classic Tow, krc. dba Tip Top Tow Service at the same location in Santa
Monica for more than 25 years. Tip Top Tow Service is an Offrcial Police Contractor for
the Cities of Santa Monica and Beverly Hills. It additionally has long-standing contracts
with a number of other govemmental entities.
I
City of Vernon Police Department
April 16,2015
Page Two of Three
Employees
The major management staffof U.S. Tow has an average of 15 years of experience in the
towing industry. This staff has operated the Newton Division OPG and the other
elements ofthe firm's business with professionalism and integnty and it stands ready to
provide excellent service to the City of Vernon Police Deparunent. Additionally, the
hiring and training procedures utilized by U.S. Tow are stringent, and we consider it our
utmost responsibiliq, to continue to enforce these procedures in the future.
Site
U.S. Tow has the distinct advantage ofhaving an existing site located at 2ll9 East 25m
Sfieet, Los Algeles, which meets all current zoning regulations. This site is located
directly across 25t Street from the northem boundary ofthe City of Vemon, thereby
providing us with immediate a@ess to Vemon. U.S. Tow has a facility which provides a
modem, clean, safe, professional environment. The U.S. Tow site consists of
approximately 4.0 acres of screened, secured, lightd signed and cemented area for the
impounding and storage ofvehicles and approximately 12,600 square feet ofenclosed
building area for evidence hold, ancillary storage, administration and lien sale auction of
vehicles.
Tow Vehicles
In an effort to sewe all of our clients in a timely and effective manner, we are
continuously mindful with respect to maintaining a strong, contemporary fleet of tow
vehicles. U.S. Tow has a fleet ofeight units including five flatbeds and three wheel-
iiff/standard duty trucks. We additionally have three heavy duty trucks and one heavy
duty trailer. This fleet, which we continuously service and upgrade, will allow us to
maintain call times well under the 20-minute requirement of the City of Vemon Police
Department.
Customer Service
The employees ofU.S. Tow are trained to develop awareness of customer problems, to
establish empathy for customers, to understand and adapt to the diverse ethnicities and
cultures of customers and to treat customers with respect and their vehicles and personal
belongings with professionalism. Each one of us at U.S. Tow understands that difficult
situations arise and our 'leam" philosophy of operation allows us to proactively handle
these situations before they become problematic.
-ii-
City of Vernon Police Department
Apnl 16,2015
Page Three of Tkee
Management
Moshe Ben Dayan, the PresidenVCEO of U.S. Tow, has been actively involved in the tow
industry since 1989 at which time he established Classic Tow, Inc. dba Tip Top Tow
Service which he has operated continuously in Santa Monica since that time. It is
significant that Mr. Ben Dayan made the operation of Tip Top Tow Service his one and
only business commitment until his purchase of U.S. Tow in 2013.
Authorized Contact
The person authorized to represent U. S . Torv in negotiations with the City of Vernon
Police Department is Moshe Ben Dayan, PresidenVCEO, U. S. Tow, Inc. Mr. Ben Dayan
additionally is authorized to execute the agreement with the City of Vemon on behalf of
U.S. Tow and is the contact point for any questions or concems relative to this Proposal
This Proposal wrll remain valid for a period of not less than ninety (90) days from the
submittal date of April 16,2015.
Legal Business Status
U.S. Tow, lnc. is an "S" corporation, Federal TaxID#90-1014831. The corporation was
founded in I 9 83 . Moshe Ben Dayan is Presidenl/CEO of the corporation and Stephanie
McColgan is Vice President and Secretary/Treaswer of the corporation. The address of
U S. Tow, Inc. is 2119 East 256 Street, Los Angeles, CA 90058; the telephone number is
(323) 870-7100 the FAX number is (213) 749-0272; and the e-mail address is
rnoshe@ustow.com.
U.S. Tow currently meets all Federal, State and City requirements and there are no
changes necessary or requirements unmet for us to operate the Franchise Tow Fee
Program for the City of Vernon Police Departrnent. Our site is operative, our oftice
functional, our required insurances in place and our economic viability and professional
commitment unwavering. We would very much like to be selected to work with you.
consideration of U.S. Tow for this contract.
Stephanie McColgan
Vice President and
Secretary/Treasurer
Presidenl/CEO
111
INTRODUCTION
U-S. Tow, lnc. has served as the Official Police Garage for the Newton Division of the
Los Angeles Police Departrnent for the past 10 years. In this capacity, we have been
responsible for towing and storage services for the LAPD, the Department of
Transportation, the Los Angeles Unified School District and other City ofLos Angeles
Departments. During those years, we have developed strong and impeccable guidelines
for the conduct of our business. We also have developed strong ties to the community
which surrounds our facility and of which we consider ourselves a part.
If selected to become the Franchise Tow Fee Program Contractor for the City of Vernon
Police Department, we would view owselves as having a specific contractual obligation
to Vemon and it is twofold: (1) every single day ofthe year and every single hour of
each ofthose days we must provide an organized, timely response to the officers ofthe
Vemon Police Department to pick up and tow vehicles and there can be no lapse in this
performance; and (2) at the time that a vehicle is released to its owner, we must provide
careful, courteous, empathetic service throughout the release. We must additionally
create accurate and complete paperwork as part of this entire process. For those vehicles
that are not released and must instead flow through the lien process, a completely
different set ofrules govems. This process also requires stringent contols and strict
compliance with the law. We will be dedicated to providing service to the City of
Vemon while, at the same time, maintaining strong standards of quality and safef for our
customers - just as we curently do for the LAPD.
U. S. Tow has through the years of its operation developed strong training processes for
evory one of our staff persons. We consider these to be the cote of our association with
the LAPD, DOT, other City agencies as weli as our private clients. We continuously
leave no detail ofour employee trairung to chance, making every effort to provide our
staff with training that is comprehensive and meaningful. As a result, we are able to keep
customer complaints to a minimum.
U.S. Tow has always supported involvement in the community in which we work.
However, since his acquisition of the business in 2013, Moshe Ben Dayan has made a
particular effort to increase the community involvement of the firm. Mr. Ben Dayan
understands that investment in the community in which he works represents an
investment in U.S. Tow itself.
As you evaluate us, we want you to understand that we at U.S. Tow will work very hard
every day to provide the very best service to the City of Vemon, the members of
Vemon's Police Force and the customers of our firm. Moshe Ben Dayan has had a
sterling record of performance at his Classic Tow, lnc. dba Tip Top Tow Service for 25
years as his references and contracts will attest. We bring to this submission our
extensive past OPG experience, Idr. Ben Dayan's exaertise and the professional
qualifications and dedication of our staff We do Dot require a site; *'e have one-We do
not require a imctioning office with all of the latest computer and security equipmeng we
have iL We do not reqdre tow equipmaen! we have the best. We undershnd that the
Reguest For Proposat for the ietting of the Franchise Tow Fee Program contract is
oompetitive, brtr we ask that you consider our past experience with the LAPD, our long-
term operation and staying power, our relationship with the community and ow
commitoaent to sfroug performance at all times and in all circursances-
VEHICLE IMPOLIND INFORMATION CENTER
The future of towing management is happening today at U S' Tow' Inc- with our Vehicle
l-p.""a 1"f".-"rio" C""tL OUC). Our VIIC featutes were developed by us with the
help ofiaw enforcement and have been ers'
Thi sysem is not an off-of-the-shelfpr us
and our law enforcement ctents to oversee t
provides
c d to be used bY
municipalities, but also contains a free publi for use by the
general public.
VIIC REPORTS
The VIiC system provides our law enforcement customers with real-time reconciliation
anJ auditini of remitted fees through a computer system that carrnot be altered' This
[u"* proiid". uery readable pDF reports or reports that can be downloaded into a cSV
frl" fo, ih" D"p.tt-Lnt's use in daily oversight MlC system features include:
. Detailed monthly activity reports which show all impound and storage activity;
o Vehicle reports which show vehicle date in ald date out;
. Vehicles by "hold" status;
e Gross revenue remittance reports; and
. Vehicle release fee remittance reports.
LAW ENFORCEMENT ACCESS AND INFOR.N{ATION
The VIIC system allows authorized personnel to quickly and accurately track vehicles'
thus ensuring the proper collection of fees for towed and impounded vehicles. Through
secured Inte et acceis http://www.opglaviic.com orby stand-alone computers located
within authorized law enforcement facilities, users can obtain immediate access to
information pertaining to impoundetl vehicles 24 hours per day 7 days per week' This
fuJormation consiss of several components including vehicle inventodes by vehicle
make, license plate, VIN and original location of the impou:rd'
PI]BLIC ACCESS AND INT'ORMATION
Although the i:rformation available to Iaw enforcement agencies is more comprehensive
that that available to the general public, the VIIC system also provides the public with
valuable real-time information which facilitates the location of impormded vehicies.
*itn tU" VUC .y.,em, the public can determine the location ofvehicles through Intemet
arcess. Requirei search iriformation includes the license plate number and VIN' Once
the vehicle is located, the \IIIC system provides the U'S Tow name and address'
directions to or:r facility, release Lours,lees inc''rrred 21d 3 5imF1e matix by which fees
can be calculated.
2
GENERALSCOPE OFWORK/
WORKPLAN
FACILITY
U.S. Tow's facility is a point of great pride for its owner and management. Our facility
consists of state-of-the-art construction and contains clean, well organized, modem
evidence hold, ancillary storage, dispatch and office space. It is situated on a fully
concreted lot which is meticulously maintained. We pride ourselves on the image that is
conveyed to the govemmental agencies with which we are involved, the public that we
serve and the surrounding community and this image is carefully monitored. Our
location complies with all City of Los Angeles zoning requirements for a towing
operation and auto park, with a zoning designation of M3-1, and no Conditional Use
Permit is required. We believe that U.S. Tow sets the bar for the rvay in which a towing
operation facility should appear.
Our property contains 174,240 squarc feet (4.0 acres) with aluminum and steel fencing
which is eight feet in height and is topped with concertina wire. The yard has concrete
flooring and contains capacity for 750 vehicles. Because ofthis large capacity, we are
able to store impounded vehicles for as long as is deemed necessary by the Police agency
involved. The yard is very well lighted and there are 50 cameras providing 24-hour video
suweillance (archived for a minimum of 180 days). Our storage yard is immediately
adjacent to our business office and is attended at all times by our staff members. U.S.
Tow has personnel on-site 24 hours per day 365 days per year and we are open to the
public between 7:00 a.m. and 7:00 p.m. seven days per week 365 days per year. We are
also always available to accommodate special City events.
Our property has been leased to U.S. Tow on a long-term basis. Our property lease was
renegotiated shortly after Moshe Ben Dayan acquired the company in 20 1 3 . The initial
lease term is for five years and runs from September,2013 to September, 2018.
Following that period, we have two oplions of five years each, with the lease ultimately
terminating in 2028.
Ad ministrative Facility
Our facility contains approximately 12,600 total square feet ofbuilding area and houses
four separate personnel offices, dispatch, accounting, a filing room for auction records
and other files, a lien sale area, an IT area, a classroom/break room for company and
community use, an Evidence Hold Area and ancillary storage space.
Evidence Eold Area
This 2,600-square-foot secure area has 24-hour surveillance and limited access with
specific rules for entering and exiting. It is equipped with two roll-up doors for
unobstructed access and has a capacity of 10 vehicles. There is an additional secondary
E ridence Hold Area which is protected by one metal roli-up door and a bullet proof
ballistic glass pedestrian door as well as an evidence propefiy room Our Evidence Hold
AIe" miu rp".ifically designated inspection area which is accessible only to designated
U-S. Tow personnel and Police ofEcials.
Indoor WorkshoP
our facility has an indoor rvorkshop for the storage of h€a\T equipment. our facility
additionaliy contains one four-post hydraulic lift, two air compressors, three propane
forklifts, one tire changing machine and one digital scope camera'
Physical Location
The facilrty of U. S. Tow is located at2ll9 East 25s Street, directly across 25h Street
from the northem boundary of the City of Vemon.
TOWEQUIPMENT
The staff and management of U.S. Tow, Inc. have many combined years of experience
with various types of tow equipment. This experience has resulted in the knowledge that
deployrng the correct equipment is critical to the e{ficiency and success of official Police
fo* opeiution. All of ouitow equipment is equipped as provided in the California
Vehicle Code.
Another very important element for our operation is that our tow drivers have the best
and most appropriate equipment to complete tasks in a damage free and expeditious- .
manner. Tir'e area in which we are locatid has a diverse impound environment. Vehicles
often are stripped of major components such as wheels, engines and body panels and
sometimes aie bumed and/or wecked At the other end of the spectrum, we handle
custom and high value vehicles. our equipment, including flatbeds and wheel-
lifustandard duty trucks as well as heavy duty equipment including trucks and a trailer, is
engineered to aicommodate these diverse situations in a timely and efficient mamer.
our wheel-lift/standard duty trucks have been engineered and manufactured to be
eflicient and fast, thereby providing for the immediate removal ofvehicles from major
thorougMares. With these trucks, peak hour tow away zones can be cleared
expediiously to relieve traffic congestion and provide the public with clear paths to their
destinations during hearry traflic periods while allowing city personnel to respond to
other duties wifhout unnecessary delays. With the utilization of experienced and trained
_
personnel, an impounded vehicG can be removed in just minutes by a wheel-lift/standard
duty truck. Wfrelt-tlts additionally provide damage free towing by liftirg vehicles by
only their tires. Body panels, front ends, bumpers and under carriages are not touched by
the towing unit, theriby ensuring damage fiee handling of towed vehicles. Wheel-
lifl/stand;d duty trucki also allow efficient towing from parking garages and towing
ftom off-road areas.
our flatbed carriers have been selected to provide efficient and damage fiee vehicle
removal and transport- vehicles with extensive damage, missing wheels or which are
heavily burned are suited for removal by flatbed. Flatbeds also are well suited to hybrid,
electric, exotic and custom vehicles. In addition, buik items such as cargo from damaged
vehiclei, large or healy vehicle components from "chop shops," motorcycles or stolen
vehicles can-be safely loaded onto flatbeds to provide damage free transport with
minimal loading time. Flatbed carriers also provide the capability to transport two
vehicles at the s=ame time, thus allowing us to respond quickly and efficiently when
requests for service are made in proximate geographic locations or when requests are
made in a narrow time frame. Our choice of Kenworth and Hino chasses is based upon
their capability to handle two vehicles at once and.ior to ffansport healy and/or oddly
shaped targo iafely. Our heavy duty trucks, with their adjustable booms and five-ton
lifting capicity, and ow heavy duty trailer are available for the heaviest requirements,
including the iowrng of large and oversized vehicles, and again attest to our well-
rounded, complete towing capability.
Our drivers are trighly trained to operate all of our tow units. In particular, flatbed units
require highly skilled drivers with a thorough knowledge ofthe machinery involved.
ttrey also are trained to unlock locked vehicles, a f?equent request from our Police
clients. Our staff is trained to operate units with the priority of safety to themselves and to
the public they serve. Continuing education enhances their knowledge base and ability to
perform the tasks involved. If selected to be the official Poljce Tow for the city of
Vemon Police Department, we will immediately file with the Department the name,
address, date ofbirth, driver's license number and all other information required relative
to each of our drivers. We will also notiB/ the Departrnent of any driver no longer
employed by us as well as the identity of any driver rvhose license is suspended. our
training procedures are in writing and a copy will be provided to the vemon Police
DepartLint. U.S. Tow, Inc. also is a member in good standing of the Califomia
Department of Motor Vehicles Pull Program.
Within our facility, the use of forklifts with special attachments provide efficient and
damage free vehicle movement and./or vehicle release. our forklifts are powered by
liquid propane, providing low emission levels and reduced carbon monoxide release.
U.S. Tow constantly monitors trends in tow equipment, vehicle impounds and safety
practices. It is tkough this due diligence that we are able to provide our clients and the
motoring public with the highest level of safety and service.
U.S. Torv has a total of 11 tow units, including three wheel-lifts, five flatbeds, trvo
,,rreckers and one tractor, We also have one trailer. In addition, U.S Tow has access to
the 23 trucks of Tip Top Tow Service in case of a large emergency operation or a disaster
operation. A listing of the tow units of U.S. Tow is provided on the following page.
TWO-WAY RADIO COMMI]NICATION EQTIIPMENT
U.S. Tow, Inc. uses Kenwood hardware for its two-way radio system The system
employs mountain-top repeaters to maximize coverage area and provide reliable, quality
communication, thus enabling instant access to our fleet ard persomel Our two-way
radio communication equipment also sends and receives Police tow requests between
dispatch and our tow units on a first prioriry basis. Through its use, all of our clients
benefit from faster service, increased efficiency, quick schedule or task changing and
higher productivity.
DISPATCE COMPONENTS
U.S- Tow, Inc. utilizes an efficient dispatch system which featues three components -
proper tools, adequate staffing and management oversighl. Our use of vehicle tracking
and computerized dispatch is integrated to maintain the highest level of service. Our
system includes time stamping ofall requests received as well as notation ofthe exact
time the request is assigned to a tow unit, the time the tow unit arrives at the scene ofthe
request and the time that the tow unit retums to the U. S. Tow facility. Our system also
assigns a number to each tow request for tracking purposes. Our dispatch terrninals are
dedicated to the flrnction of dispatch only. Our radio communications equipment sends
and receives Police tow requests between dispatch and the tow units on a "first priority"
basis.
The dispatchers of U.S. Tow are trained inthe effective use of radio equipment in order
to maximize efficiency. The dispatch oflice is equipped with a telephone system capable
ofreceiving tow requests on a "first priority" basis and dedicated telephone lines ensure
"firsr priority" to "Police" calls. Dispatch is a dedicated function on a 24-hour per day,
seven-day per week, 365-day per year basis. Dispatchers are available to release vehicles
seven days per week between 7 a.m. and 7 p.m. and for a minimum period of four hours
after any special event. Every member of our office staff is cross-trained in order to
provide an excellent service standard in the execution of dispatch duties.
INT'ORMATION TECHNOLOGY KNOWLEDGE
The computer system ulilized by U.S. Tow is the Impound Management
System/Information Management System (IMS). It is used for both dispatch and
accounting. The program utilizes functions which provide dispatch, vehicle inventory
TOWI]NTIS
U.S. Tow, Inc. owns 11 tow units and one trailer, as follows:
Unit I Twe Year Make
Weight I(lbs) | vr'r
11 Wheel-lift 2009 Dodge
5500
19,000
15 Flatbed 2010 Hino 258 25,500
19 Flatbed 200s Kenworth
T-300
26,000
22 WheelJift 2005 Ford F-550 19,000
26 FIalbed 2006 Kenworth
T-300
26,000
27 Flatbed 2006 Kenworth
T-300
26,000
13 Wheel-lift 2013 Chevy
3500 HD
15,000
20 Flatbed 2015 Peterbilt 26,000
25 Wrecker 2014 Peterbilt 54,000
16 Wrecker 201s Kenu,orth 35,000
80 Tractor 2007 Freishtliner 80,000
81 Trailer 2015 Landoll 97,000
7
search, property removal with receipt, inspection ofa vehicle with receipt, evidentiary
t otd orea searcl and auditing, lien processing including the removal of liened vehicles,
MN verification of make and model, cash on delivery options and private property
impound tracking.
Not all employees are granted access to sensitive information contained in the tow
progam. Only management and ownership
particular vehicle. Any changes made in the
tracked tfuough an exception report. The e y
rnanagement io ensure that no unauthorized changes have been made to any computer
record.
The programs also have a fleet flrnction by which u.S. Tow can maintain fleet data as
well as a-n accounting flmction for maintenance of accounts payable and acc
receivable. IMS also has reporting functions that allow us to keep daily, weekly and
monthly internal reports.
our accounting department additionally uses QuickBooks to maintain a checks and
balances systei foi all accounts. Quickbooks provides U.S. Tow with a controlled
method by which to track accounts, print statements and maintain a ledger for monies
that flowin and out of the company. Quickbooks Pro is used to pay bills, record payroll,
reconcile cash and keep track ofvendor and employee ledgers and advances'
A daily back-up ofour computer system ls completed and stoled at a remote location.
An ouisi6e firm monitors this back-up on a daily basis. We additionally have software
support readily available for our tow progtam. All files,are backed up several times per
day and rve have a working generator in case of a significant power failure'
Our computer system, software and tow progtam are set up to generate franchise fees
(which are placed in a separate account) and impound information and the safeguards are
in place to monitor these fimctions at all times. If U.S. Tow is selected by the City of
vemon Police Departsnent to be its oflicial Police Tow, Police personnel will b
assigned a user name and password which will allow them access to this syslem on a24/7
basii. as such, Police perionnel will be able to electronically view all documents as well
as to scan and pnnt the documents and thereby have a physical copy'
our dispatch, tow lot management, impound and franchise fee software has a long history
of use within U.S. Tow. Our hardware has been carefully selected to provide both
reliability and ease of use. Computer work stations, servers, telecommunications and
video surveillance (the Kantech System) have been chosen and implemented to provide
the highest levels of security, accuracy, accountability and service
MONTHT,YREPORTS
If selected to be the official Police Tow for the city of vemon Police Deparhrent, u S'
iow will submit a monthly report to the Chief of Police and Finance Director which, as
per the City of Vemon requirement, includes the following:
*Total Police ImPounds.
+Nurnber of times dispatched by the Vemon Police Departmenl
+Number of calls resulting in impounds.
*Number of vehicles sold on lien sale under authority of section 3072 Civll code and
reporting said lien sales as per authority of Section 2-2705 CVC'
*Number of vehicles sold under authority of Section 3073 Civil Code'
xNames and addresses ofbuyers and description ofvehicles when sold'
*Number of calls answered in which time beyond one hour was required'
EVIDENCE HOLD VEHICLES
u. s. Tow, Inc. has l0 years of experience as an oPG for the city of Los Angeles Police
Department and thus of dealing with vehicl are on
"hold" for evidence or require-processing b the
owner ofU.S. Tow, has 25 years of experien s and
maintaining the intignty ofine "chain of custody'' in conjunction with his other public
u!"r"y to#rrg opera:tions ttrough his firm Classic Tow, ice'
All of our personnel are acutely aware of the importance
evidence holds- A set of specihc steps are c )nsistently e that
vehicles are not mishandled and that the "chain of custody'' is maintained at all times'
Aii ofou, personnel receive training on how to deal with vehicles from the moment a call
is generated urtil the final disposition ofthe vehicle occurs'
o Dispatchers advise drivers of a request for service forawehicle that
requires special handling due to evidence or criminal lab processing'
. Drivers request from the impounding officer or the offrcer in charge at the
scene of the impound whether any special handling is required so as nol to
touch surfaces of a vehicle, not to enter a vehicle, not to disturb possible
material under or on a vehicle or any other special requests dealing with
the haadling of the vehicle.
. Once evidence hold vehicles arrive at the storage yard, drivers sigrr the
Evidence l,og Book noting the time, date, year, make, model, color, VIN,
license and names of any persons who will enter the Evidence Hold Area
in conjunction with the vehicle.
. Following placement of a vehicle or components of a vehicle within the
Evidence Hold Area and the securing of the Hold Area, drivers retum to
the office to notate the date and time of completion ofthe vehicle and/or
vehicle comPonents Placement.
. Drivers receive instruction on the handling of vehicles utilizing our
equipment so that the vehicle can be transported without disturbing
fingelprints and/or other physical evidence contained on or inside it'
As vehicles arrive at our location, they are entered into our vehicle inventory database
and the Evidence Log Book. In order to veri$ the time of entry, U.S. Tow utilizes a time
stamp along with the manual entry in the Evidence Lng Book. Within the vehicle
database, a special "hold" is placed and this creates a flag which must be specifically
acknowledged prior to any change such as aa authorized release by the agency placing
the original hold on the vehicle. Often vehicles get released from "hold' status prior to
the release of the vehicle to the owner or interested party. Vehicles that are released from
a "hold" status prior to removal by the owner or interested party have specific notes
entered in the vJhicle database as well as the agency, rulme, ID, date and time that the
vehicle,s ..hold" status was removed. Associated paperwork is additionally attached to
the vehicle record (CHP 180). Once the vehicle has had the "hold" released, it is removed
fiom the Evidence Hold Area and placed in the general vehicle inventory.
U.S. Tow has a segregated, completely enclosed evidence warehouse with a storage
capacity of a minimum of 10 evidentiary/cnminalistic hold vehicles. U.S Tow also
.iintair. an area that can be converted to a temporary secure hold area in the event ofa
large scale cnme involving many vehicles or bulk items. A minimum of six additional
vehicles can be secured in this area. Evidence Hold Area entry is limited to OPG
employees and concemed law enforcement offrcials and video suweillance is used to
enhance the security of vehicles within the Evidence Hold Area. An electronic record of
the person, time, date and duration ofaccess is maintained. This is accomplished tkough
entry system technology which features a magnetic lock system with unique entry key
fob assigned only to management. The supplier of our entry control and electronic entry
and exit recordkeeping is Kantech. The Kantech system features electronic recording and
physical hardrvare that is secure and that provides access limited to management in order
to ensure that the "chain of custody" is not compromised. AIl entnes are also noted in the
Evidence Log Book.
The elements of recording and recordkeeping of entry to our Evidence Hold Area allow
management and 1aw enforcement to validate all access. The area has large, clear
posting prohibiting entry. The Evidence Hold Area features ample lighting to aid
detectives and/or evidence technicians in the processing ofvehicles. U.S. Tow also has a
vehicle lift available on-site to aid investigators. Through all of these mechanisms, we
ensule that only vetricles or vehicle parts that are held for evidence or criminalistic hold
are stored within the Evidence Hold Area.
10
with respect to the city of vemon Police Departrnent, if u S Tow is selected as the
Ofiicial irolice Tow, notification wrll be p ided by U.S. Tow to the Police Captain or
his,&rer designee ofvehicles rvith a "hold" that are stored in excess of 72 hours. As per
the City of iemon Police Deparrnent requirement, "holdJ'will expire 10 calendar days
after the date of a tow unless otherr.r.ise extended by a Police Departrnent employee.
LIEN SALE EXPERTENCE
u.S. Tow, Inc. files for vehicle liens following califomia civil code Sections 3068.1,
3Oi I,3O/Z and 307 4 . Ultimately, not all liens started end in disposal through public
_
auction, Many velucles are redeemed by registered owners, legal owners o1 autholld
interested parties, thus accomplishing the intended purpose of notification followed by
redemption. In the event that a vehicle is not redeeme
outstanding lien and avoid the stockpiling of vehicles'
auction has been perlormed for more than 10 years by
by Moshe Ben Dayan via other towing operations that
sells vehicles in a fair and impartial manner to the highest bidder. Our sale list is posted
in public vierv at our facility a minimum of 10 days prior to the sale date, and vehicles are
available for inspection one-and one-halfhours prior to the sale time on the sale date.
we continually strive 1o improve levels of customer service to members of the pubiic
who attend our rveekly auto auctions-
U.S. Tow is bound by Califomia Civil Codes relating to the disposal of impou"gld
vehicles. U.S. Tow ilso stnngently follows the fee structure outlined in the California
civil codes that pertain to the proiessing of vehicle liens- If selected to be the official
police Tow for the city of Vemon Police Department, u.s. Tow will supply a list of
vehicles on a monthly tasis that we intend to lien sale prior to actual sale for approval by
the Departrnent. wewrll additionally review any other elements of our lien sale
operation requested by the Department.
CUSTOMERSERVICE
U.S. Tow takes extreme pride in its exceptional customer service The impound process
is by its very nature a stress producing experience and we attempt in every possible way
to expedite ihe process and make it as comfortable as possible. Registered owners
redeeming vehiiles can expect to deal with employees who are well trained, courteous
and profeisional and with i facility .rvhich is clean, modem and secure and which
provides them with comfort in the event that they need to wait for appropriate paperwork,
acceptable form ofpayment or a towing service for a disabled vehicle in order to
complete the rel"uri pro"ess. u.S. Tow completely understands the responsibilrty for tfe
proper release ofvehicles to parties who have a legal right to take possession and we take
ull n"...rury p."cautions through established procedures throughout the Ielease p_rocess.
Our personnei are trained to verifu that a proper release has been issued by us or by the
11
relevant governmental impounding agency pnor to the release ofvehicles that have either
a statuto! or evidence hoid. A dedicated computer system is available to check the
..scofflaw, status ofvehicles prior to their release. Personal Fopefiy is released to
identified, authorized personJ and is inventoried and notated on the vehicle record. Our
staffalso is trained to answer general questions regarding the disposition ofvehicles and
lien sale auction information. Computer equipment with access to our vehicle inventory
software is available to handle high-volume release situations
COMMUNTIY SUPPORT AND INVOLVEMENT
U. S . Tow understands the importance of support of and involvement in the local
community. Even though rve are physically located in an industrialized portion of the
City of Loi Aageles, we are well aware that there is a significant communrty of residents
surrounding our site. As such, it has been our continuing philosophy of operation to
identifu and support portions ofthe community and community projects in need of,
financial sponsorship and the donation of other assets. We additionally have a well
appointed ilassroom/break room at our facility which we offer for commudty use'
t2
U.S. TOW, INC.
TOW RATES/FEES
under 10,000 GVWR
Towing/recovery worl:ifiansport is assessed portal to portal. There is no fee
variation for night tows.
Storage/impoundment rates are the same for day and night. our release hours are
7:OO a.m. - 7:00 p.m. and there are no after hours releases.
Towing rates are subject to 30-minute increase increments after the first hour'
Storage for less than 24 hours is charged as one day. Afrer 24 hours, storage is
charged per calendar day.
Service calls are based on a one-halfhourly tow rate.
Vehicles not redeemed within 72 hours are subj ect to lien sale/notice fees of
$70.00 - s100.00.
A11 City vehicle tows within 30 miles are free-
AII City vetricle tire changes within 30 miles are free.
AII towing and storage mtes are the average of those charged to the Los Angeles
Police Department, the Califomia Highway Patrol and the Los Angeles County
Sheriff s Departrnent.
U.S. Tow, Inc. is open to negotiating the-.!Ivith the Crty of
Vemon. i{owev"., *" ut. aiutng foSdfre of 77o of gross rec}ipts which is the
amount that we currently charge L.{!D.
13
$s5 00
ABILTTY OF U.S. TOW, INC. TO PERFORM
TI{F', NECESSARY FUNCTTONS
U.S. Tow, Inc. was originally founded as a Califomia "S" corporation in 1983 The
company was purchased by Moshe Ben Dayan in 2013 Mr' Ben Dayan is the sole
ownerlPresidenucEo and owns 100% of the corporation. u.S. Tow, lnc, has its only
location at 2119 East 256 Street, Los Angeles, CA 90058- The firm has a total of 19
employees.
STATE AND CITYLICENSES
U.S. Tow, Inc. is licensed to operate in the State of California and the City of Los
Angeles. Our licenses include City of Los Aageles Parking Occupancy Tax M; City of
Los Angeles Professions/Occupations; City of Los Angeles Police Commission Permit
for Towing operation; city of Los Angeles Police commission Permit fol Mastel Auto
eark; City of Los Angeles Police Commission Permit for Auto Park; and State of
Califomia Department of Motor Vehicles Motor Carrier Permit.
EXPERIENCE OPERATING A COMPLEX BUSINESS
As stated above, Moshe Ben Dayan purchased U.S. Tow, Inc- in 2013. Mr. Ben Dayan
came to the purchase with a strong understanding ofthe highly regulated and complex
operations oi an Official Police GaragelPolice Tow. Since his prllchase of U.S. Tow, Mr.
Bin Dayan has been working to improve the already strong operations and lerrel of
service of U.S. Tow's Newton Division oPG. Based upon commendations that he has
received from members ofthe Los Angeles Police Departrnent, he appears to be
succeeding.
In addition to U.S. Tow, Mr. Ben Dayan owns and operates Classic Tow, Inc. dba Tip
Top Tow Service. He founded and has owned and operated this company since 1989 and
it has been his full-time and only business involvement until his purchase of U.S. Tow.
Tip Top Tow Service is the official Police Tow for both the cities of Santa Monica and
eeverty ttilts. The firm has worked in this capaclty for Santa Monica since 1993 and for
Beverly Hills since 2012. Service to these entities is highly regulated and involves
impounding ofvehicles including owner requests, statutory holds and evidence holds as
well as the roadside servicing of city-owned vehicles and taffrc accident assistance. Mr.
Ben Dayan has additionally participated in the California Highway Patrol's (CHP)
rotation Tow Service Agreement (TSA) since 1992, providing general towing and
impound and storage services. Additionally, Mr. Ben Dayan is a Freeway Service Patrol
provider for the Los Angeles County Metropolitan Transportation Authority (LACMTA),
providing freeway roadside services to stranded motorists since 2005. The contracts let
14
by thrs Agency are highly regulated with scheduled and random inspections of tow truck
units and facilities conducted by LACMTA itself as well as by the State of Califomia
Department of Transportation (Caltrans) and a special unit ofthe CHP known as "David
Units." The level of regulation imposed by the CHP's David Units is unequaled in the
towing industry, with strict enforcement ofrules and regulations as well as of drivers and
trucks in the field through monitoring by GPS, Caltrans and the CHP itself. The
confiacts of LACMTA mandate that detail be paid and rules adhered to relative to a
multitude of policies and procedures and that standards be stnctly enforced. Moshe Ben
Dayan and Tip Top Tow Service have never had a contract fail to renew due to
substandard service or violation of any ru1es and,/or regulations.
The successful operation of a tow business is complex, with many areas of responsibiliff.
We are responsible 24 hours per day 365 days per year for dealing with the vehicles and
personal possessions of many people, some ofwhom are angry about having been towed
in the first place, distraught over damage to their vehicle or who are dealing with the
consequences of having a family member or fiiend injured in an automobile accident.
We are responsible 24 hours per day 365 days per year for dealing with law enforcement
and the complexities of evidentiary holds, constantly being attentive to the issues
involved in the potential contamination of important evidence. We are responsible for
conducting lien sales with careful attention to the legalities ofthis procedure such that we
do not err either on our owrl part or for the interests of the customer. We are responsible
to our employees for the creation of a work environment that is comfortable, clean and
conducive to minimizing the stress of a business which requires proficiency in taking
calls, dispatching drivers accurately and quickly and performing tow services in an
efficient, orderly and courteous manner. We are responsible to the many vendors with
whom we do business including insurance providers and equipment and parts providers
and we must be yigilant at all times regarding the licenses and permits that we hold.
And, we are responsible to the communiry to maintain a top-notch facility which is
environmentally conscious with minimal noise and pollution and to participate in
community events and sponsorships.
CAPABILITY A-T[D EXPERIENCE OF KEY PERSONNEL
MANAGEMENT
Moshe Ben Dayan, Presidenf/CEO. Moshe Ben Dayan is a true "pro" withm the tow
industry. His first involvement with the industry was in 1989 when he founded Tip Top
Tow Service in Santa Monica with one truck. Since that start, he has built Tip Top Tow
Service into a strong, successful corporation now kmown as Classic Tow, Inc., dba Tip
Top Tow Service. Tip Top Tow Service has a facility in Santa Monica wholly owned by
Mr. Ben Dayarq 19 trucks and 23 employees. Among numerous goverrmental and
private affrliations are Official Police Tow contracts with the Cities of Santa Monica and
15
Beverly Hills, Freervay Service Patrol contracts lvith the Los Angeles County
Metropolitan Transportation Authority and sewice contracts with the Los Angeles
County Sheriff s Departrnent, the Califomia Highway Patrol, the U.S. Postal Service and
the Federal Bureau of Investigation. Mr. Ben Dayan purchased U.S. Tow, Inc, in 2013
and through thrs enfity is the Official Police Garage for the Nerton Division of the Los
Algeles Police Departrnent. U. S. Tow additionally provides service to the Los Angeles
County Sheriff s Department and the California Highway Patrol among others. Mr. Ben
Dayan's specific responsibilities at U.S. Tow include overall management of all
operations including financial operations; company policy including contract
procurement and compliance; project staffing; customer relations; community relations;
and equipmenVfacility procurement and operations. The resume of Mr. Ben Dayan is
included as an attachment to this Proposal.
INTERNAL STAFF
Mohammed Jaweed, CFO. Mohammed Jaweed has had a wealth of experience as
Controller for several major companies. He is extremely skilled in financial, accounting
and bookkeeping functions. With a more than 25-year background in financial reporting
of all kinds, he brings to U.S- Tow the ability to review the daily activities of the Newton
Division OPG including monitoring ofvehicle release fees, gross receipts fees,
collections and business license fees. He is additionally skilled in the rnonitoring of
auditors and insurance companies to maintain our liability and Worker's Compensation
insurances and to manage all internal and extemal papoll reporting. Mr. Jaweed worked
as an extemal/outsource resoutce for Mr. Ben Dayan for more than 20 years prior to his
employrnent at U.S. Tow. The resume of Mr. Jaweed is included as an attachmert to this
Proposal.
Richard L. Kettering II, General Manager. Richard Kettering has been an employee
ofU.S. Tow, Inc. since 2009. As such, he is extremely knowledgable regarding all ofthe
operations ofour business- Short of calling him a skilled "jack of all trades," it is
certainly appropriate to note that his responsibilities are and have been sigmficant and
multidimensional. h/r. Kettering has management experience; he is knowledgable with
regard to all aspects ofthe OPG system; tow driver safety compliance;
complaint/problem resolution for customers and Police agencies; employee relations
including llring aad drsmissal; lien sales auction operation (Mr. Kettering is the
auctioneer) and paperwork; and security camera content review. The resume of Mr.
Kettering is included as an attachment to this Proposal.
Stephanie McColgan, Assistant Manager. Ms. McColgan brings a unique background
to U.S. Tow. She has worked rvith Moshe Ben Dayan since the start of Tip Top Tow
Service in 1989 and, as such, is knowledgable with respect to all aspects ofthe towing
industry. At Tip Top Tow Service, she was responsible for the management ofthe
banking/financial aspects of the day-to-day business; payroll computation; daily receipts
16
computation; serving as a back-up dispatcher; resolution of difficult customer, staff and
vendior issues; and community/public relations interface. At U.S. Tow, Ms McColgan
prepares lien sale auction paperwork and vehicle release paperwork. She is responsible
ior the banking activitres of the firm as well as human resources/empioyee applications
and other ^roiiut.d
pup".*ork. Ms. McColgan also assists the General Manager with
other overflow business matters associated with the company The resume of Ms'
McColgan is included as an attachment to this Proposal.
ADMIMSTRATIVE STAFF
The administrative staffof U.S. Tow, Inc. is carefully trained and is knowledgable in the
following areas related to company operations: computer software; dispatch; impound
reporting; vehicle release procedures; vehicle property removal procedures; statutory
hold vehicle release procedures; evidence/criminalistic hold vehicle procedures; lien sale
proeedures and fees; two-way radio use; telephone system and customer service
techniques and procedures; criminal activity reporting; and the prioritization ofcalls for
service. The administrative staff of U.s. Tow also receive continuous training in such
aspects of company operations as dealing with hostile people and developing solutions to
hostile situations; making effective decisions and implementing those decisions;
understanding and adapting to the diverse ethnicities and cultures of customers, and
eslablishing empathy for customers.
TOWDRIVER STAFF
The tow driver staff of U.S. Tow, lnc- is carefully trained and is knowledgable in the
following areas related to its work: highway safety; towing techniques; rollover and
recovery techdques; laws pertaining to oPeration oftow trucks; customer service;
automotive lockouts; and tow tnrck maintenance. Our tow truck drivers also receive
continuous training in the following areas. computer software; impound report reading
and understanding; vehicle codes; care and custody ofvehrcles; forklift operation; vehicle
release procedures; vehicle property removal procedures; vehicle inspection procedures;
verificaiion ofproper release ofevidence hold vehicles; verification ofproper release of
statutory hold vehicles; proper handling of evidence/criminalistic hold vehicles; proper
placement and spacing ofvehicles; criminal activity reporting; vehicle identification
(license plate and MN); prevention ofheat stress, dehydration, exhaustion, stroke and
related problems: battery safety; prevention ofblood bome pathogens; fire extinguisher
use; back injury prevention; and eye protection. Al1 dnvers must hold and maintain
Level 1 Certification from the Califomia Tow Truck Association
A Staff Flow Chart for U.S. Tow, Inc. is provided on the following page.
l7
U.S. Tow, lnc. Staff Flow Chart
Moshe Ben Dayan President/CEO
Walter Ruckwardt
Yard Manager
Stephanie McColgan
Assistant Manager
13
AI-T'IDAVIT OT' NON.COLLUSION BY CONTRACTOR
STATE OF C.ALIFOR]\'IA
COUN_TY OF LOS .j\NGELES
)
)ss
)
Moshe Ben Dayan
being first duly swom deposes
and says that he/she is
of
Owner/Pres ident/CEO
(lG.n'Sole Ovrcd. . pannc,, , ,p,es d.n( ..SlcEl,ry., or ortEr prcpir tIrc)
U. S. Tow, inc.
{rtrr.n rEmorbidd..,
who submits herervirh to the City of Vemon a bid./proposal;
'ihar all statemenrs offact in such bid./proposal are rrue;
'fhai such bid'/proposar was nor made in the interest of or on bchalf oi-any undiscrosed penon,pannenhip, conrpany, associarion, organizalion or corporation;
That such bid,/proposal is genuine and not collusive or sharn;
That said.bidder- has not, directry or indirectry by agreemenr, communicarion or conference rvith anyoneatlenrpted to induce acrion prejudiciar ro rhe inierest of rhe cir,v of Vemon, o. or"uy ott". uiaai, o.anyone else interested in rhe proposed contract; aod firrther
That prior to thc public opening and readLng of bids./pn:posals, sajd bidder:
a. Did nor direcily or indirectly, indrrcc or solicit anyone else to subnrit a false or shambid,/proposal:
t) Did Dot directly or indirectry, colude, conspire. conni'e or agree *.th anyone erse that saidbidder or anyone erse '*'ourd submir-a farse oi sham bid./proposar, or that anyone shourd refrai.lronr bidding or rvirhdraw his4rer bid/proposal;
a Di9 not, i, any lnanner, direcrly_or indirectly seek by agreemenr, communication or conferencewirh anyone to raise or fix rhe bid/proposal pri". oriuiE uioao o, of anyone erse, or to raise orfix any overhead, profit or cost elemeni of trisltrer bid/profor"t'p;.", o, of tf,", oii,r,#J;;,"'
3:o::.:j':":lr^":'^,1,0,:.",1,r,.*-'t hivher bid,/proposal price or any breakdowa rhcreor, or
:."::,1: :. " 5:Tt .-l
-1 Tlg: inrormarion "i 0"1"
-
* rli r "" ;;;J.:' ; il ffi#,1;::
ff,Ill*,I;".""*11iI:,1I^Tll,jl "ynizarion,.bid depository,;; ;:";;;#,";,;;;;
l1.x*:::*r:::1d^'_,1'jg_"lf :I,oi,a,ir,,.*..pi;;'iil;;;#;,il;,;r::.jxor penons rvho a panneship or orher financial interesr w.irh said bidd", i;'hiJ.;';;;.*.
dre above infornration is conect
1;s1.. Owne r/Pres i dent/CE0
d
Icefliry
By:
Date;
19
ivlarcl20il
EXHIBIT C
EXHIBIT C
THE EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. 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 maintain any segregated facilities.
B. 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.
C. 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.
D. Contractor agrees to provide the City with access to, 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 e).tent such records or portions of such records are
confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
-16-
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
I{!d4-@tiyi!S Waqes:
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.
Ed@nll]Jlpd49elM:
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.
-17-
ORDINA}ICE NO. 1232
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON GRANTING TO MR. C'S TOWTNG OF SOUTH GATE,
fNC., A FRANCHISE TOWTNG SERVfCES AGREEMENT
WHEREAS, the City of Vernon (tshe "City" ) is a municipal
corporation and a chartered city of t.he State of Cafifornia organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, on October 2, 20t2, the City Council of the City of
Vernon adopted Ordinance No. 1198 adding Chapter 48 of t.he Vernon
Municipal- Code to establ-ish a non-consensuaL franchise towing fee,. and
WHEREAS, on or about March 2015, the Police Chief issued a
Request. for Proposals for the City's Franchise Tow Fee Program; and
WHEREAS, t.he Cit.y Council- of the City of Vernon desires to
grant a Franchise Towing Services Agreement Eo Mr. C,s Towing of South
Gate, Inc . ,' and
WHEREAS, t.he City Council of t.he City of Vernon is authorized
by City Charter Section 8.9 to grant a franchise in the City of Vernon
to any person, firm, corporation, or other entity and to set terms,
conditions, resErictions and limitations by ordinance.
THE CITY COI]NCIL OF THE CTTY OF VERNON HEREBY ORDAfNS:
SECTION 1: The Cit.y Council of the City of Vernon hereby
finds and determines lhat the above recital-s are t.rue and correct..
SECTTON 2: GRANT OF FRANCHISE.
A non-exclusive franchise shal-} be, and the same is hereby
granted by the City Courci] of t.he City of Vernon to Mr. C,s Towing of
South catse, fnc., its fawful successors or assigrrs to provide officiaf
non-consensual police towing services to the Vernon police Department.
said franchise is further described and depict.ed in the Franchise Towing
services Agreement, in substant.ially the same form as attached hereto
as Exhibit A and incorporaEed herein by reference.
SECTION 3: FRANCHISE TERM.
Ehree
Towing
The franchise shafl endure
(3) years, subject to the terms
Services Agreement .
SECTION 4: FRANCHTSE FEE.
in ful-f force and effect for
and condit.ions of the Franchise
The grantee of the franchise, during the life thereof, will
pay to tshe City five percent (53) of the gross annual receipts of the
grantee arising from the use, operation or possession of Ehe
franchise.
SECTION 5: VERIFIED STATEMENT OF GROSS RECEIPTS.
The grantee shall- file with the Cit.y Clerk of the City,
within three (3) months after the expiration of the calendar year, or
fractional- cal-endar year, fol-l-owing the date of the granting of t.his
franchise, and within three (3) months after the expiration of each
calendar year thereafter, a verified statement showing in detail the
totaL gross receipts for t.he grantee derived during the preceding
calendar year, or such fractional cal-endar year, from t.he provision of
official police towing services within t.he limit.s of the Cit.y. The
grantee shall pay to the City within fifteen (15) days af t.er the time
for filing said statement, in l-awful_ money of the United States, t.he
aforesaid percentage of its gross receipt for the calendar year, or
fractional- calendar year, covered by said stat.ement. Any neglect,
omission or refusaL by grantee to f il-e said verified statement., or to
pay said percentage at the times or in the manner hereinbefore
provided, shall- constitute grounds for the declaration of forfeiture
2
of this franchise and of all rights of grant.ee hereunder. However,
grantee has the ability to cure under section 12. FurEher, the city
is responsible for insuring that grantee has the appropriate financial
institution information for electronic transfer of the franchise fee
in a timely manner. Any del-ays caused by incorrect financial
institution informat.ion shal1 not const.itut.e grounds for the
declaration of a forfeiEure of t.his franchise.
SECTfON 5: WRITTEN ACCEPTANCE REOUTRED.
The franchise granted hereby sha1l not become effective
until written acceptance thereof shafl have been filed by grantee with
the City CLerk.
SECTION 7: ABANDONMENT OF PRIOR FRANCHISES.
The franchise granted by this Ordinance j-s in l-ieu of alI
other franchises, rights or privileges owned by t.he grantee, or by any
successor of t.he grantee Eo any rights under t.he franchise, for
providing official police towing services throughout the limits of the
City of Vernon as such limits exist at the time of the granting of t.he
franchise or as they may thereaf t.er, except any franchise derived
under Section 19 of Article IX of the Constitution as that section
existed prior to t.he amendment thereof adopted October 10, 1911. The
acceptance of the franchise granted by this ordinance shalI operate as
an abandonment of all such franchises, rights, and privileges within
the limits of city as such rimits at any time exist, in fieu of which
the franchise is granted by this ordinance.
SECTION 8: EMINENT DOMAIN.
The granting of the franchise sha11 not in any way impair
affect the right of the City to acquire the property of the grant.ee
purchase or condemnation, and nothing contained in this franchise
or
by
shall be const.rued to contract away, modify or abridge either for a
term or in perpetuity the City, s right of eminent domain.
SECTION 9: VAIUE OF FRANCHISE.
By acceptance of the franchise, the grantee, for itself, its
successors and assi,gns, agrees thats in any proceeding of any character
before any courE, commission, administrative body, board of
arbitrat.ion or other public authority, no great.er value shall be
pl-aced upon t.he franchi-se in excess of the cost to E.he grant.ee of the
necessary pubfication and any other sum paid by grantee to the City
therefor at t.he time of acguisition.
SECTION 10: NONCOMPLIANCE.
If the grantee of the franchise grant.ed by this Ordinance
fail-s, negl-ects, or refuses to comply with any of t.he provisions or
conditions prescribed in this ordinance or the Franchise Act of 1937,
and does not within ten (l-0) days after written demand for compliance
begin the work of compliance, and afler such beginning does not
prosecut.e the work with due diligence to completion, the City, by its
City Council, may declare the franchise forfeited. The City may sue
in its own name for the forfeiture of the franchise granted pursuant
to this Ordinance, in the event of noncompliance wit.h any of the
conditions Ehereof by the grantee, its successors, or assigns.
sECTroN 11: coNFoRMrrY To RULES AND srATtrroRy REQUTREMENTS.
The grantee of the franchise granted by this Ordinance sha1l
comply with all of the ordinances and ruLes adopted by the City
council of the city of vernon in t.he exercise of its police powers and
not in confLict with the paramounts authority of the stat.e. Al_L work
undertaken or performed pursuant to the provisions of the franchise
shal-I be of the standard reguj_red by 1aw, and by any ot.her body or
4
governmental authority havj,ng jurisdiction in the premises. Where not
in conflict wit.h Stat.e ]aw, or oEher governmentaL auEhority having
jurisdiction in the premises, tow services shall be performed in
accordance wiE.h the rufes and regul_ations and ordinances of the City.
SECTION 12: IIIDEMNTFICATION.
The grantee shall indemnify and hold harmfess the City, its
officers, agents and employees, from all liability for damages
proximately resufting from any operations under this franchise.
SECTION 13: ASSIGNMENT.
crant.ee shaII not assign or transfer any interest in the
franchj-se without the express prior written consent and approval of
City Council. Any unauthorized assignment or transfer of Franchj-see, s
rights or obligations under this Agreement shal-t be nulf and void and
shall- constitute a material breach by Franchisee of this Agreement.
SECTION 14: PERFORMANCE BOND.
(a) At the option of the City, grantee sha1l either (a)
reduce or eliminate any deductibl-es or seLf-insured retentions with
respect. to the City, its el-ected officials, officers, employees,
agents, representatives, attorneys, and volunteers; or (b) file with
the city clerk a corporate surety bond running to city and guaranteei-ng
payments of Iosses and related investigations, claim administration and
defense expenses. The bond shall be conditioned that grantee shal-I
well and t.ruly observe, fu1fi]I and perform each term and condition of
the franchise, and that in case of any breach of condition of the bond
the amount of the penal sum tsherein shall_ be recoverabl-e. If City
elects option (b) above, crantee sha1I file such bond within five (5)
days after the adoption of this ordinance.
(b) crantee shall- mainta.in the bond in fulI force and
5
effect throughout the term of this franchise, at grantee's sole
expense. The bond shall be issued by an admiEted surety insurer and
comply with the requirement.s of t.he Bond and Undertaking Law, codified
in Code of Civil Procedure Sections 995. O1O et seg. This franchise
shall be considered a ,,ficense or permit.., wit.hin the meaning of the
Bond and Undertaking Law, sol-e1y for purposes of application of such
Law to the bonding requirements of this section.
SECTION 15: LfABILTTY.
The grantee of the franchise under this Ordinance shalf be
Iiable to the City for all damages proximatel-y resulting from the
failure of the grantee to well and faithfully observe and perform any
provision of the franchise or any provision of the Franchise Act. of
L937.
SECTfON l-5: Repeal . Any ordinance or part.s of an ordinance
in conflict with this Ordinance are hereby repeal-ed.
SECTION L7: Severability. If any chapter, articl-e, sect.ion,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason hel-d to be
unconstitut.ional or invalid or ineffective by any court of competent
jurisdiction, such decision shal1 not affect the validity or
effect.iveness of the remaining portions of t.his Ordinance or any part
thereof. The city Council hereby declares that it woufd have adopted
this Ordinance and each chapter, art.icIe, section, subsection,
subdivision, paragrraph, sentence, clause or phrase tfrereof ,
irrespective of the fact that any one or more chapters, art.icles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconst itutional, or invalid, or
ineffective.
6
SECTfON 18: Book of Ordinances. The City C1erk, or
Deputy City Clerk, shaIl attest and certify t.o the adoption of this
Ordinance and sha11 cause this Ordinance and the City Clerk,s, or
Deputy City Clerk,s, cert.ification to be entered in the Book of
Ordinances of the Council of this City. The Cit.y C]erk, or Deputy City
cIerk, shalI cause this ordinance t.o be published or posted as required
by 1aw.
SECTfON 19: Effective Date. This Ordinance shall- go into
effect and be in fuII force and effect at 1-2:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED This day of _, 20].5.
Name :
Title:l{,ayor / Mayor Pro - Tem
ATTEST:
City Clerk / Oeputy City Clerk
APPROVED AS TO FORM:
Brian W. Byun, Deputy City Attorney
7
STATE OF CAITFORNIA )
) ss
COUNTY OF LOS ANGELES )
I,, City Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1232 was duLy and regularly introduced at a regular
meeting of the City Council, of the City of Vernon, held in the City of
Vernon on Tuesday, August 4, 201-5, and thereafter adopted at a meeting
of said City Council hefd on Tuesday,
voEe :
, by the following
AYES:
NOES :
ASSENT:
the City of Vernon.
Execut.ed this _ day of
(sEAr)
, 20L5, at Vernon, California.
City Clerk / oeputy City Clerk
Councilmembers:
Counc i lmeml:ers :
Council-menibers:
And thereaftser \4,as duly signed by t.he Mayor or Mayor pro-Tem of
I
EXHIBIT A
CITY OF VERNON
FRANCHISEE TOWING SERVICES AGREEMENT BYAND BETWEEN THE
CITY OF VERNON AND MR. C'S TOWING OF SOUTH GATE, INC.
COVER PAGE
Franchisee:
Responsible Principal of Franchisee:
Notice lnformation - Franchisee:
Notice lnformation - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
Mr. C's Towing of South Gate, lnc.
Jerry Brown, General Manager
Mr. C's Towing of South Gate, lnc.
4421 Mason Street
South Gate, CA 90280
Attention: Jerry Brown, General Manager
Phone: (323) 249-0575
Facsimile: (323) 249-4998
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel Calleros, Police Chief
Telephone: (323) 583-881 1 ext. 1 14
Facsimile: (323) 826- 1 481
No earlier than thirty-one (31) days after
approval by City Council of City of Vernon of
ordinance granting franchise to Mr. C's
Towing of South Gate, lnc.
Three (3) years from Commencement Date,
inclusive
Payment is made by Franchisee to City
pursuant to Section 3 of this Agreement.
Payment is made to Franchisee by City
pursuant to Section 5 of this Agreement.
Three (3) years, pursuant to section 1S.3
CITY OF VERNON
FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND MR. C'S TOWING OF SOUTH GATE. INC.
This Agreement is made and entered into by and between the city of vernon ("city"), a
california charter city and california municipal corporation, and Mr. c's Towing of soutir
'
Gate, lnc. ("Franchisee'), a Police Towing company with its principal place of blsiness at 4421
Mason street, south Gate, cA 90280 (collectively, the "parties") to provide for towing services
to the City.
The Parties agree as follows:
RECITALS
WHEREAS, Franchisee shall provide police towing services to the City of Vernon as setforth in the Request for Proposal issued in or about March 2015, Exhibit A, and Franchisee's
proposal to the city ("Proposal') dated Aprit 16, 20i5, Exhibit B, both of which are attached to
and incorporated into this Agreement, by reference.
WHEREAS, pursuant to chapter 48 of the vernon Municipar code, Franchisee has
applied for a Police Towing Franchise ("Franchise"); and
WHEREAS, the City Council has determined that Franchisee has demonstrated
compliance with chapter 48 of the vernon Municipal code and has agreed to comply with allprovisions of that Chapter; and
WHEREAS, it is required that city and Franchisee enter into this Franchise Towing
services Agreement ("Agreement") for police towing services in the city of vernon, and
WHEREAS, additional conditions have been imposed upon this grant of Franchise.
NOW, THEREFORE, the Parties do hereby agree as follows:
Section 1. GRANT OF FMNCH|SE.
- subject to approval by the city council of the city of vernon of an ordinance granting
the franchise and to the requisite thirty-one (31) days' waiting period before such ordinance-
becomes effective, City grants to Franchisee a Police Towing Franchise authorking Franchisee
to engage in the business of Police Towing as set forth in chapter 48 of the Vernon- Municipal
code in the clty of vernon and to use the public streets and rights of way for such purpose.
This grant is pursuant to the ci!y's Request for proposal and to Franchisee,s proposal for theFranchise- Franchisee is subject to the terms and conditions specified in chapter g.9 of thecha(er of the city of Vernon, the provisions of chapter 48 of the vemon Municipal code, theterms and conditions specified in all related resolutions, the terms and conditioni of this
Agreement, the representations and assurances in Franchisee,s application for the Franchise.
Section 2. TERM OF FRANCHISE.
The term of this Franchise granted to Franchisee shall be for three (3) years, effectivefrom thirty-one (31) days afier the date upon which the city council of the city'of Vernon
2
approves the ordinance granting the Franchise (the "Effective Date") to the date that is three (3)
years from the Effective Date, inclusive.
Section 3. FRANCHTSE FEES.
3.1 Durlng the term of the Franchise, Franchisee shall pay a franchise fee tocity in an amount equal to 5olo of Franchisee's gross annual receipts arising from the use,
operation or possession ofthe Franchise, which fees shall be assessed from the date on which
the ordinance granting this Franchise became effective and in accordance with Section 4B.g of
the vernon Municipal code and any Resolution adopted by the city council and in such other
amounts as are set forth in any subsequent resolutions that may be adopted by the city council
at any time during the term of the Agreement.
3.2 The Franchisee sha file with the City Clerk of the City, within three (3)
months after the expiration of the calendar year, or fractional calendar year,-following the d'ate ofthe granting of this franchise, and within three (3) months after the expiration of each- calendaryear thereafter, a verified statement showing in detail the total gross receipts for the Franchisee
deriv_ed during the preceding calendar year, or such fractional calendar year, from the provision
9l offiglg! police towing services within the timits of the city. The Franchlsee shalt pay io thecity within frfteen (15) days afrer the time for filing said stitement, in laMul money ofitre united
States, the aforesaid percentage of its gross receipt for the calendar year, or fraciional calendaryear, covered by said statement. Any neglect, omission or refusal by Franchisee to file said
verified statement, or to pay said percentage at the times or in the manner hereinbefore
provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all
rights of Franchisee hereunder pursuant to the procedures set forth in sections 11 and 12herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring
that Franchisee has the appropriate financial institution information for electionic transfer of thefranchise fee in a timely manner. Any delays caused by incorrect financial institution information
shall not constitute grounds for the declaration of a forfeiture of this Franchise.
3.3 Franchisee shall timely pay all required franchise fees to:
City of Vernon
Attention: Finance Director
4305 Santa Fe Avenue
Vernon, CA 90050
Ea_ch payment shall be accompanied by a written statement, verified by the Franchisee or a dulyauthorized representative ofthe Franchise, sho ving In such form and detail as the Finance
Director of the city of vernon may prescribe, the calculation of the franchise tee payaoie ty tneFranchisee and such other information as the Finance Director may require as material to adetermination of the amount due.
3.4 The first payment of the franchise fee will be due on September 15,201S,_and payments shall be due monthly thereafter on the 15h day of each month.
3.5 when Franchisee remits franchise fees to the city, such franchise feesshall be deemed timely paid only if delivered or postmarked on or before the due date. lf feesare not timely paid, Franchisee shall be subject to suspenslon or termination of the Franchisepursuant to section 14 0f this Agreement and/or to any other penalties which may be
J
established and assessed by the City, including, but without limitation, late fees assessed at the
rate of five percent (5%).
Section 4. TOWING SERVICES.
4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A,
which is the City's Request for Proposals for Official Police Tow Services, and which includes,
but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees
schedules, standards for tow truck equipment, standard rules of operation, response time,
inspection, information regarding new or terminated tow truck drivers, tow driver training, and as
set forth in Exhibit B which is Franchisee's response to the City's Request for proposals. All
services by Franchisee shall comply will all provisions of federal, state and local law and
regulation, including, but without limitation Chapter 48 of the Vernon Municipal Code.
4.2 Franchisee understands and agrees that, although the City is granting it a
franchise as a police towing service, the City may requisition towing services from other service
providers as set forth in Section 48.'12 of the Vernon Municipal Code, or if Franchisee is
otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police
and including, but without limitation, suspension or termination of the Franchisee.
Section 5. MTES. CHARGES AND PAYMENT.
5.1 The rates and charges for towing and storage in connection with this
Franchise shall be established by the Franchisee. The prevailing rates prescribed by the
southern Division of the california Highway Patrol, the Los Angeles police Department, and the
Los Angeles County Sheriff will be considered when establishing these rates. The rate per
impound shall be 9140.00 and the storage charge shall be $40.00 per day, unless or until
otherwise modified by the City. A sign showing the approved rates and charges shall be
conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place
in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle
owners the option of payment by Mastercard and Visa. Franchisee must provide for after-hours
releases of vehicles, and may collect an after-hour release fee. As part of the award of
franchise the Franchisee will be requested to establish an after-hours release fee not to exceed
% of the impound fee in addition to other established fees.
Section 6. REPORTS.
Franchisee shall file a monthly towing report with the chief of police along with payment
of its monthly franchise fees. The report shall be submitted to:
Vemon Police Department
Attention: Police Chief
4305 Santa Fe Avenue
Vernon, CA g005a
The report shall include the Information required by section 48.10(H) of the vernon Municipal
code for Franchisee and its subcontractors, certified as true and correct under penalty of
perjury by a responsible owner or official of the Franchisee.
4
Section 7. FMNCHISEE'S RECORDS.
7.1 The Franchisee shall maintain accurate and complete books and
accounts of all revenues and income arising out of its operations under the Franchise and in a
manner, which conforms to generally accepted accounting principles. Franchisee,s books,
accounts and records, arising out of or related to its operation under the Franchise, shall at all
times be open to inspection, examination and audit by authorized officers, employees and
agents of the city. such records shall be kept at Franchisee's place of business shown in this
Agreement for receipt of notices.
7.2 Franchisee shall require its subcontractors, if any, who perform police
Towing services in connection with the Franchise to keep and maintain books of account and
other records showing all business transactions conducted by such subcontractors in
connection with the Franchlse. Franchisee agrees to use its best efforts to avoid duplication of
reporting between Franchjsee and its subcontractors.
Section 8. TOW VEHICLE AND DR|VER, REPORTtNG. COMPL|ANCE. AND
IDENTIFICATION.
8.1 Franchisee shall maintain on file wlth the City, a complete and accurate
listing of every vehicle operated by Franchisee for police towing services. Franchisee shall
certify, in a form acceptable to city, that every such vehicle conforms with regional and state
vehicle emission standards ("emission standards"), and shall provide documentation of
compliance on written request of the city. Franchisee understands and agrees that failure to
comply with emission standards may result in suspension, termination or non-renewal of a
Franchise
8.2 Every vehicle operated by Franchisee and for police Towing services in
the city shall bear the following identification: Franchisee's trade name, monogram or insignia,
the Franchlse vehicle number, together with Franchisee's telephone number piinteo on botn
sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-114,'in
height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle
number and all other information within 30 calendar days after the Franchise is terminated or
the vehicle is sold, transferred or taken out of service.
8.3 Franchisee shall file with the Vernon police Department, the name,
address, date of birth, drlver's license number, and all identification required of any tow unit
driver working for Franchisee, whether as an employee or as a contractor, which information
shall be filed not later than ten (10) business days following the effec ve date of employment or
engagement. Franchisee shall also notify the Vernon police Department within ten (10j
business days of the following occurrences: the license suspension of any tow unii driver, and
the end of employment, or engagement, of any tow unit driver with Franchisee.
Section 9. INDEMN|F|CAT|ON OF Ctry.
9.1 Franchisee shafl indemnify and hord the city harmress from and against
any and all loss, damages, liability, claims, suits, costs and expenies, fines, charges orpenalties whatsoever, including reasonable attomey's fees, regardless of the meiit or outcome
of any such claim or suit, arising from or in any manner related to the services provided orbusiness conducted under chapter 48 of the vemon Municipal code or otherwise pursuant tothis Agreement.
5
9.2 Franchisee shall indemnify the City, defend with counsel approved by the
City, protect and hold harmless the City, its officers, employees, agents, assigns, and any
-
successor or successors to the city's interest from and against all claims, actual damages
(including but not limited to special and consequential damages), natural resources damage,
punitive damages, injuries, costs, response, remediation and removal costs, losses, dema-nds,
debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines
and charges, penalties and expenses (including, but not limited to, attorneys'and expert witness
fees and costs incurred in connection with defending against any ofthe foregoing or in enforcing
this indemnity) of any kind whatsoever paid, lncurred or suffered by, or asserted igainst, the
city or its officers, employees, agents or the Franchisee arising from or attributable to any
repair, remediation, cleanup or detoxification, or preparation and implementation of any
removal, remedial, response, or closure or other plan (regardless of whether undertaken due to
governmental action) concerning any hazardous substance or hazardous waste at any place
where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is
intended to operate as an Agreement pursuant to the Comprehensive Environireniil Response,
Compensation and Liability Act, 42 United States Code Section 9607, and California Heain andsafety code section 253621, and any successor provisions, to insure, protect, hold harmless,
and indemnify the City from liabitity.
Sectionl0. INSURANCEREeUTREMENTS.
10.1 Franchisee shall, at its sole cost and expense, procure and maintain in
full force and effect, throughout the term of this Agreement, inclusive of any renewal term
granted by_city, insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the services hereunder by the-
Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure
and maintain insurance policies of the types and meeting the requirements set forth below, and
shall provide to the city a certificate of lnsurance, or other such evidence reasonably
acceptable to the City, verifying the existence of such policies:
10.2 Minimum Scope of Insurance Coveraqe. Franchisee shall procure and
maintain policies of insurance with minimum scopes of coverage AT LEAST as bioad as the
following:
(a) ComprehensiveGeneralLiabilitylnsurance.
(b) ComprehenslveVehicleLiabilitylnsurance.
(c) workers' compensation rnsurance as required by the state of carifornia andEmployefs Liability lnsurance.
10-3 Minimum Limits. Vendor shall maintain insurance with minimum limits NOLESS THAN the following:
(a) Generar Liabirity of rwo Mi ion Doflars (92,000,000) for each occurrence and in
the aggregate, combined single llmit, against any bodily injury, death, personal
injury, or property damage. ln Comprehensive Generai Liabiiity tnsuiance or
other form in which a generar aggregate rimit is used, the geneiar rimit shafl appryseparatery to this Agreement or the generar rimit shal oe twrcE the required
occurrence limit.
6
Automobile Liability of One Million Dollars ($1 ,000,000) per accident for bodily
injury and property damage.
Garage Keepers Legal Liability coverage with minimum limits of Two Hundred
Fifty Thousand Dollars ($250,000) per occurrence.
Employer's Liability of One Million Dollars ($1,000,000) per accident for bodity
injury or disease.
Worke/s Compensation and Employer's Liability lnsurance in an amount
required by law.
Reduce or eliminate such deductibles or self-insured retentions with respect to
the City, its elected and appointed officials, oflicers, employees, agents,
representatives, attorneys, and volunteers; OR
Procure a bond, guaranteeing payrnent of losses and related investigations, claim
administration and defense expenses. Under this option, Franchisee shall file
such bond within five (5) days after the adoption of the ordinance approving this
Agreement. Franchisee shall maintain the bond in full force and effect
throughout the term of the Franchise, at Franchisee's sole expense. The bond
shall be issued by an admitted surety insurer and comply with the requirements
of the Bond and Undertaking Law, codified in Code of Civil procedure Sections
995.010 et seq. This franchise shall be considered a "license or permit,,within
the meaning of the Bond and Undertaking Law, solely for purposes of application
of such law to the bonding requirements of this section.
10.5 Reouired Endorsements. All of the policies required by this Agreement
shall contain, or be endorsed to contain, the following provisions:
(b)
(c)
(d)
(e)
1O.4 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, Franchisee shall either:
(a)
(b)
(a)City, its elected and appointed officials, officers, employees, agents,
representatives, attorneys and volunteers shall be named as additional insured
parties, and the policies shall specifically state that the coverage contained in the
policies affords insurance pursuant to the terms and conditions as set forth in this
Agreement.
The insurance coverage provided by the Franchisee shall be primary to any
coverage available to the City. Any insurance or self-insurance maintained by
City, its officers, officials, employees or volunteers shall be in excess of
Franchisee's own insurance and shall not contribute with it.
The insurance policies shall contain no special limitations on the scope of
protection afforded to the City, its elected and appointed officials, officers,
employees, agents, representatives, attorneys or volunteers. Further, the
policies shall expressly waive the right of subrogation against City, its elected and
appointed officials, officers, employees, agents, representatives, attorneys or
volunteers.
(b)
(c)
7
(d) Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its elected
and appointed officials, officers, employees, agents, representatives, attorneys or
volunteers.
(e) The insurance coverage shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer,s
liability.
(0 Each insurance policy required by this section shall be endorsed to state that
coverage SHALL NOT be suspended, voided, and/or canceled by either party,
and that there shall be no reduction in the amount of coverage or in the limits
applicable thereto EXCEPT after thirty (30) days prior written notice has been
given to the City, said written notice to be delivered by U.S. Certified Mail, Return
Receipt Requested addressed to the City Attomey and City Finance Director.
(S) ln its sole discretion, the City may waive all or some portion of the above
referenced insurance if such waiver is in writing and executed by City's Finance
Director.
10.6 Required lnsurance Ratino. Any insurance policy required by this
Agreement shall be placed with an insurer admitted in the State of California with a current A.M.
Best's rating of NO LESS THAN B+:Vll in the latest edition of Best's lnsurance Guide.
10.7 Orioinal Certificates Reouired. At all times during the term of this
Agreement, Franchisee shall maintain on file with the city's Finance Director a certificate or
certificates of insurance. Said certmcate or certificates of insurance shall show that the
aforesald policies are in efiect in the required amounts and shall contain each ofthe
endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work
under this Agreement, file with the city Finance Director the original certificates effecting
coverage required by this section of this Agreement. The endorsements are to be signed by the
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be
received and approved by City before Franchisee commences operation under the terms of this
Agreement
10.8 Failure to Maintain Required lnsurance. Franchisee agrees that if it fails
to keep the aforesaid insurance policies in full force and effect the city may, at its sole option,
either (l) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable
cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense,
the premium thereon.
Section 11. TERMINATTON AND SUSPENStON.
The City may terminate this Agreement, without cause, by giving the Franchisee thirty
(30) days' written notice of such termination and the effective date ihereof. The City may
terminate this Agreement, with cause, by giving the Franchisee (10) days' written notice of such
termination and the effective date thereof. Cancellation for cause shall be at the discretion of
the city and shall be, but is not limited to, failure to supply the materials, equipment or service
specified within the time allowed or within the terms, conditions or provisions of this Agreement.
The Franchisee may not cancel this Agreement without prior written consent from the-Vernon
Chief of Police.
8
Section'12. TEMPORARYSUSPENSTON.
ln addition to termination or suspension as set forth in Section 1 1, above, the Chief of
Police may temporarily suspend any Franchisee without a hearing, whenever the continued
operation by the Franchisee would constitute a danger to public health, safety, welfare or public
morals, including, without limitation, where there is a failure to maintain the minimum levels and
standards of liability insurance or claims reserve or failure to keep in full force and effect any
appllcable licenses or permits required by federal, state, local law, or regulation. The notice of
temporary suspension may be personally delivered to the party named and to the address given
on the application pursuant to which such Franchise was issued and to the notice address
stated herein, if different, or, mailed by registered or certified mail to the party named at the
address given on the application pursuant to which such Franchise was issued and to the notice
address stated herein, if different. Notwithstanding other notice provisions of this Agreement,
the temporary suspension is effective upon the earlier of either receipt or the expiration of three
(3) days from the date of mailing. The notice of temporary suspension shall include a notice of
the date and time for termination hearlng and all other information required by the vernon
Municipal code. The temporary suspension shall remain effective until the decision on
suspension or termination is made unless the suspension is lifted by written notice of the Chief
of Police.
Section 13. ACCEPTANCE. WA|VER.
Franchisee agrees to be bound by and comply with all the requirements of chapter 48
and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum
extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of
chapter 48 under federal, state or local law, or under administrative regulation, as such laws
and regulations exist as of the date of signing of this Agreement.
Section 14. GENEML TERMS AND CONDtTtONS.
14.1 INDEPENDENT STATUS. lt is understood that in the performance under
this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent,
contractor, or employee of city and shall furnish services in its own manner and method, except
as required by this Agreement. Further, Franchisee has and shall retain the right to exercise full
control over the employment, direction, compensation and discharge of all perions employed byFranchisee in its business operations. Franchisee shall be solely responsible for, and sha'lt
indemnify, defend and save city harmless from all matters relating to the payment of its
employees, including compliance with social security, withholding and all other wages, salaries,
benefits, taxes, exactions, and regulations of any nature whatsoever. Franchisee acknowledges
that F-ranchisee and any subcontractors, agents or employees are not enti ed to any ofthe
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-
term disability or Workers' Compensalion insurance benefits.
14.2 FRANCHISEE NOT AGENT. Franchisee 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.
14.3 WAIVER. The City,s waiver of any term, condition, breach or default of
this Agreement shall not be considered to be a waiver oi any other term, condition, default or
breach, nor of a subsequent breach of the one waived.
o
. 14.4 NO ASSIGNMENT. The Franchisee shall not assign ortransfer any
interest in this Agreement without the express prior written consent and approval of city
Council. Any unauthorized assignment or transfer of Franchisee's rights or obligations under
this Agreement shall be null and void and shall constitute a material breach by Franchisee of
this Agreement.
- 14.5 COMPLTANCE WITH LAWS. Franchisee sha compty with a Federal,
State, County and City laws, ordinances, resolutions, rules and regulations, which are, as
amended from time to time, incorporated herein and applicable to the performance hereof.
- 14.6 ATTORNEY'S FEES. tf any action at taw or in equity is brought to
enforce or interpret the terms of this Agreement, the prevailing party shall be entiflei to
reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to
which such party may be entitled.
14.7 INTERPRETATION.
14.7.1 Applicable Law. This Agreement, and the rights and duties of theparties hereunder (both procedural and substantive), shall be governed and construed
according to the laws of the State of California, without regard 1o the conflict of laws provisions
therein.
14.7.2 Entire Aqreement. This Agreement, including any Exhibits
attached hereto and any documents explicifly referenced herein, constitute! the en re
agreement and understanding between the parties regarding its subject matter and supersedes
all prior or contemporaneous negotiations, representations, understindings, correspondence,
documentation and agreements (written or oral).
. 1a Z 3 \lrittcq Ameldmed. This Agreement may only be changed by
written amendment signed by Franchisee and the city Administrator or othei authorize-d
representative of the city, subject to any requisite authorization by the city council. Any oral
representations or modifications concerning this Agreement shall be of noforce or effeii.
- 14.7.4 Severabilitv. lf any provision in this Agreement is held by any
court of competent jurisdiction to be Invalid, illegal, void, or unenforceable, such portion sna bedeemed severed from this Agreement, and the remaining provisions shall nevertheless continue
in full force lnd effect as fully as though such invalid, illegal, or unenforceable portion had never
been part of this Agreement.
14.7.5 Choice of Forum. The parties hereby agree that this Agreement is
entered into and is to be performed in the city of vernon and that;ll claims or contro-versies
arising out of or related to performance under this Agreement shall be submitted to and resolved
in a forum within the county of Los Angeles at a place to be determined by the rules of the
forum.
14.7.6 order of precedence. rn case of conflict between the terms of thisAgreement and the terms contained in any document attached as an Exhibit or otherwiseincorporated by reference, the order of precedence is as follows: charter of the city of Vlrnon,
the Vernon Municipal code, the ordinance granting this Franchise, resolutions of the city ofvernon, this Agreement, the city's Request for proposals for ofiicial porice Towing se;i;,
10 -
and Franchisee's Response to the Clty's Request for Proposals for Official Police Towing
Services.
14.7.7 Duolicate Orioinals. There shall be two (2) fully signed copies of
this Agreement, each of which shall be deemed an orlginal.
14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and
warrants to the City that the Franchisee has the right, power, legal capacity and authority to
enter into and perform its obligations under this Agreement, and its execution of this Agreement
has been duly authorized.
14.9 EMINENT DOMAIN. The granting of the Franchise shall not in any way
impair or affect the right of the City to acquire the property of the Franchisee by purchase or
condemnation, and nothing contained in this Franchise shall be construed to contract away,
modify or abridge either for a term or in perpetuity the City's right of eminent domain.
14.10 VALUE OF FMNCHISE. By acceptance of the Franchise, the
Franchisee, for itself, its successors and assigns, agrees that in any proceeding of any
character before any court, commission, administrative body, board of arbitration or other public
authority, no greater value shall be placed upon the franchise in excess of the cost to the
Franchisee ofthe necessary publication and any other sum paid by Franchisee to the City
therefor at the time of acquisition.
Sectionl5. ADDITIONALASSURANCES.
15.1 EQUAL EMPLOYMENT OPPORTUNIry PRACTICES.
Franchisee certifies and represents that, during the performance of this
Agreement, Franchisee and any other parties with whom it may subcontract 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, religion, color, national origin,
ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that
it will not maintain any segregated facilities. Franchisee further agrees to comply with The
Equal Employment Opportunity Practices provisions as set forth in Exhibit ,,C',.
15.2 BUSINESS LICENSES. Franchisee sha obtain, and pay any and aI
costs associated therewith, any Vernon Business License, which may be required by the
Vernon Municipal Code and all permits, and licenses applicable to Franchisee,s operations
under this Franchise, which are required of Franchisee by any governmental agency.
15-3 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 ofthe Franchisee's records to the extent the city deems
necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is
paying only the amounts to which Franchlsee is properly enti ed under the Agreement or for
other purposes relating to the Agreement.
The Franchisee shall maintain and preserve all such records for a period of at
least 3 years after termination of the Agreement. The Franchisee shall maintain all such
records in the city of vernon. lf not, the Franchisee shall, upon request, promp y deliver the
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records to the City of Vemon or reimburse the City for all reasonable and extra costs incurred in
conducting the audit at a location other than the City of Vemon, including, but not limited to,
such additional (out ofthe City) expenses for personal, salaries, private auditors, travel, lodging,
meals and overhead.
15.4 CONFLICT. Franchisee hereby represents, warrants and certmes that no
member, ofiicer or employee of the Franchisee is a director, officer or employee of the City of
Vemon, or a member of any of its boards, commissions or committees, except to the extent
permitted by law.
Section 16. LIVING WAGES.
Franchisee, and any subcontractor(s), shall comply with the City's Living Wage
Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's
request, certified payroll records shall promptly be provided to the City.
Section 17. NOTICES.
Except as otherwise provided in this Agreement, all notices required by this Agreement
or by Chapter 48 ofthe Vernon Municipal Code shall be given by personal service or by deposit
in the United States mail, postage pre-paid and retum receipt requested, addressed to the
parties as follows:
To City:
Vernon Police Department
Attention: Police Chief
4305 Santa Fe Avenue
Vemon, CA 90058
Copies to:
City of Vernon
Attention: Finance Director
4305 Santa Fe Avenue
Vernon, CA 90058
Franchisee:
Mr. C's Towing of South Gate, lnc.
Attention: Jerry Brown, General Manager
4421 Mason Street
South Gate, CA 90280
Notice shall be deemed effective on the date personally served or, if mailed, three days after the
date deposited in the mail.
[Signatures Begin on Next Page].
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lN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of the date set forth below.
City of Vernon, a California charter City Mr. C's Towing of South Gate, lnc., a
andCaliforniamunicipalcorporation Californiacorporation
DATED:
W. Michael Mccormick, Mayor Name:
Tifle:
ATTEST:
Maria E. Ayala, City Clerk Tifle:
APPROVED AS TO FORM:
Brian Byun, Deputy City Attorney
By:
Name:
-13-
DATED:
By:By:
EXHIBIT A
EXHIBIT A
REQUEST FOR PROPOSALS
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City of Vernon
Request for Proposals (RFP)
Franchise Tow Fee Program
City of Vernon
Police Department
4305 Santa Fe Avenue, Vernon, CA 90058
Phone: (323) 587-517f
City ofVemon Franchise Tow Fee Pmgram Request for Proposals
,I. INTRODUCTION AND PROJECT
The City of Vemon seeks proposals ftom qualified bidders to enter into a franchise
agr€ement to perform rotational polic€ towirE and storage services. Services to be
performed by the selected contrac'tor include vehicle towing and impound services as
direcled by the Vernon Polace Department.
Based on the quality of lhe proposals received, De City may mnsider awarding a single
tow franchise contract, or multiple tow ftancfiise mntracts using a call-for-service
rotation. The City does not expect to aurare more than tlvo (2) frandrise agreements
under the rotational sysEm, although City Council reserves the right to aurard contracts
at its sole discretion, based on the proposals submitted,
The City will select no more than lwo (2) tow service companies, based on demonshated
competence and a cost effec{ive appoach to design, conduct, and assist in the removal
of vehicles which are apparently abandoned, or driven by unlicensed drivers, or drivers
driving on suspended licenses, or involrred in traffic mllisions, or vehicles creating a
traffic hazard due to mechanical failures.
To be eligible for consideration, the tow seMce comp€nys place of business and vehicle
storage facility must be located within a seven (7) mile radius of the Vemon Gity Hall,
located at 4305 Santa Fe Avenue, Vemon CA 9005E.
2. BACKGROUND
Tho City of Vemon r,vas founded in 1905, is approximately 5.2 square miles in size and
is located approximately 5 miles southeast of downtorn Los Angeles Califomia. Over its
long history Vemon has been developed as an industrial community. At the tum of the
20h century the lands thal make up Vemon were comprised largely of farmlands. The
presence of thre€ mapr rElil lines in the area led influential business and property owners
lo encourage the railroad companbs to run spur lines onto the farmlands. These rail
ertensions enabled the crealion of an "exclusively industrial' city. By lhe 1920's Vemon
was attracting large sbckyards and meatpacking facilities. ln the 1930's Vemon
became the location of choice for many heaw industrial plants. As economic conditions
changed over the decedes, these large scale industrial operations have relocated out of
Southem Califomia and Vemon has attracted smaller, lighter industsial facilities. The
City's business fiiendly onvironment, low cost utilities and key location for truoking and
rail lransport continue to position Vemon as an ideal location fur industrial uses.
City Govomment: The City Council consists of five members, elected at-large, who
serve R\re-year staggered terms. The City Council annually appoints a Mayor and a
Mayor Pro Tem fiom its own membership to serve one-)€ar terms.
2
City ofVernon Franchise Tow Fee Prograrn Request for Proposals
Labor Force: Vemon has approximately 250 employees, and its departments include a
Fire Oepartnent, Polica Department, Financ€ Department, Public Worhs, Water and
O€velopment SeMces DepartflEnt, Gas and Electric Depertment and H€alth ard
Environmental Control Department. Present bargsining units recognized include the
Vemon Police Officers Benefit Association, Vemon Police Management Associetion,
Vemon Firemen's Association, the Vemon Fire Manegemenl Association, lntemational
Brotherhood of ElectricalWorkers Local 47, and Teamsters Local 911.
3.@ESSED
The selected tow service company shall be able lo provide swift, professional service in
the romoval of any vehicle, as directed by the Vemon Police Department, from any City
street.
4. SGOPE OF SERVICES REOUIREO
The City of Vemon is seeking the servlces of a highly qualified tow service company to
assist in:
Under the terms specified herein as well as in Chapter 48 of the Vernon Municipal Code,
Franchisee shall fumish impound, to,ving, and storage servicos to the Vemon Police
Department and the City as direded by the Vemon Polioe DepErtmenL To be eligible for
a franchise, applicants must meel the City's minimum requirements as specified hsr6in.
Franchisee will be required to provide the necessary hained personnel, low trucks and
storage facilities to recover, if necessary, and remove vehicles and Uactor/tsailers
in\olved in collisbns- Franchisee(s) must be able to tow and store vehicles impounded
by the police, many times in excess of 30 days; and mrrst be able to clean up and
dispose of debris at the scene of an accident at which any vehicle to be ld,ved
hereunder was involved.
The average response iirne lor any hirty day period pursuant lo rBquests for to,, seNice
by the Police Oepartment, must not exceed t$renty (20) minutes. The maximum
response time for any sirEle requesl for tow seMce by the Police Oepartment shall not
exceed thirty (30) minutes. ln the event the Frarrchisee cannot respond within 20
minutes, the Franchisee shall immediately notify the Police Oepartment dispatcher and
provide an estimated time of anival.
Franchisee must provide a dispatcher available onsite at the lou/ facility place of
business Et all times for the immediate dispatching of towing equipment. Franchisee's
plaoe of business must be open fro.n 0700 to 1800 hours Monday through Friday.
Alt€mate hou6, as directed by the City, must also be available in order to accommodate
speciel City events.
Feilure or refusal to promptly relay the Police Dbpatche/s requests for towirE s€n ices
shell constitute failure to compy with the requirements, terins and conditions of the
agreement and may resull in termination of the agreement.
All low trucks shall be equipped as proMded in the California Vehicle Code.
3
I
I
I
I
I
City of Vemon Franchise Tow Fee Progam Request for Proposals
Franchisee's trucks shall be painted, free of major dents, and kapt clean and in good
workir€ order.
Official police tow services shall, at all times, have at least three fully equipped and
operatbnal tow trucks in service. Allof the lo,y trucks in s€n ica must have a minimum
capacity of one (1) ton. At least one of the tow trucks in service must be a flatbed tow
truck. At least one of the three totr truc*s in service musl ha\re a five ton (5) lifting
capacity. Every offidal police tow seMce shall be equipped for and have personnel
profidenl in unlocking locked vehicles when requested to do so by Police Depadment
employees.
Upon selection the Franchisee shall file witt the Vernon Police Depadment, the name,
address, date of birth, driveds license number, and all other information required of any
tow unit driver employed by the permit ltolder subsequent to the date of the tow operator
permit apptrcation, which information shall be filed not later han ten (10) business days
folloring the effective date of hiring.
The Franchisee will be required to notify the Vemon Police D6partment of the name of
any tow truck driver no longer employed by such permil holder. This mtfication shall be
given to the Vemon Police Departrnent no later than ten (10) business days following the
last date of the drive/s employment by the permit holder.
The Franchise€ will b€ rBquirBd to notify the Vsrnon Police D€partrBnt of ths idsntity of
any tow truck driver whose license is suspended. The operator shall not be auhorized
to operate in Vermn unless the operator has provided proof from tfie Department of
Motor Vehicles of the ability to operate a vehicle during work hours.
The Franchisee will be required to enroll and participating in a program with Califomia
Depaftnent of Motor Vehicles (DMV Pull Program) that notfres the Franchisee when
their drivers ha\re any changa to their drMng status or Gcord. This DMV program will
alert the Franchisee to any pot€ntial problem driErs.
Frandrisee will be required to comply with the Califomia Vehicle Code and olher
applicable laws with r€gards to lien sales, including supplying a lisl of vehicles each
rndth that the Franchis€€ intends to lien sale prior to sellirE same for approval by the
depaffnent. Franchisee is responsible for maintaining all documents relating to lien
sale+
5. QUAUFICATIONS & CRITERIA
A Qualifrcatiorc: The City of Vemon will select no more lhan h o (2) tow service
companies for all of th€ outlined Scope of Service on the basis of qualifications,
experience, and cost. The following are the mirimum qualifications to be used to
evaluat€ r€sponses lo this R€quest for Proposal:
1. The applicants can satisfy the insurance, business license, and tow
op€rator permits requirements sel forth in Vemon Municipal Code
Chapter 48.2. The applicants are qualified on the basis of prior experience in the towing
4
City of Vemon Franchise Tow Fee Program Request for Proposals
op€ration business and financial responsibility.
3. All tow vehicles and equipment must comply with all slate and
appliceble federal requir€ments.4. The applicants c€n raasonably conduct an official police to^,ing service
which complies with all of the rcquirements of Vernon Municipal Code
Chapter 48.
5 The applicants will accept all tow requested by the City, including tows of
abandoned or dismantled vehicles and/or tows requiring special
equipment.
B. Sol6c{on Crlteda: The City will conduct a compr€fiensive, fair, and impartial
evaluation of proposals recei\red in response to this RFP. All proposals receivgd
will be reviewed and evalualed by a committee of qualilled personnel. The name,
information, or €xperience ol the indiv lual members will not be mad6 availablB to
any prcposer. The Evaluation Committee will first review and scr€en all plDpGals
submitted, except for the cost proposds, according to the minimum qualifications
set brlh above. The follorving criteda will be used in reviewing ard comparing the
proposals and in detemining the highest scoring bid:
1. 40Vo Qualifications, background and prior experienco of the tow s€rvice
company in the Service Area(s) being proposed, experience of key staff
assigned to oversee services provided to Vemon, e\raluation of size and
smpe of similar wort performed and suc@ss on lhat work.
2. 30% Cost and fees to the City for handling matt€rs. Cost is not the sole
determining factor but will be taken into consideration. Propos€r must
ofrer services at a rate comparabl€ to the rate proposer offers to other
govommental entities for similar work. Offering a higher rate to the Cig
than the comparable rate is grounds for disqualification of the Proposer.
lf rates differ for different types or leveb of seMce, or for different
SeMce Areas, the Proposer should so state.
3. 'lo% Responsiveness to the RFP, and quality and responsirreness of the
proposal.
4. 20% References including past performance of proposer.
6.W
Respondents are asked to submit seven (7) hard copies and one (1) electronic copy of
their proposals in sufficienl delail to allow for a thorough evaluatjon and comparative
anal)rsis. The proposal shoud include, at a minimum, the following information in
sectionalized format addressirE all phases of the work in the RFP.
A. Format: Limit )rour proposal to 20 typed 8.5" X 11" pages, or fewer, on white
bond paper of at loast 20?ound weQht single sided (ercluding cover bnor and
attachments. You may a[ach a company brrchure if pu wish, but it must be as
a separate attachment and independent from the reguired elements noted ebore.
1. Use a conwnlional typeface with a minimum font size of 12 points. Use a
'l' margin on all boarders.
-5-
B.
City ofVernon Franchise Tow Fee Program Request for Proposals
2. Organize your submittal in the order described above.
3. Provide one (1) unbound original of ycur companys response and one
elactronic vorsion (via email) to Ceptain Michael Gillman,
mgillman@covpd,org
4. Prominently label he package: 'Franchlse Tow Fee Program" and include
the name of the primary contact for the respondenl. Deliver the response
to:
City of Vemon
Attentbn: Captain Michael Gillman
4305 Santa Fe Avenue
Vemon, CA 90058
5. Responses are due on or before 5:00
rasponse will not be accepted.
p.m. on April 16, 2015. l-ate
6. lf you have any question about thb RFP, pleess crontact Captain Michael
Glllman at (323) 587-5171 ext. 1 15.
Cover Lett€r: All proposals shall include a cover letter $/hich states that the
proposal shall remain valid for a period of not less than ninety (9O) days from the
date of submittal. lf the propGal contemplales the use of sub-contradors, the sub-
contraclors shall be identified in the cover letter. lf the pro@sel b submitted by a
business entity, the @ver letter shall be signed by an ofiicer authorized to
contraciually bind the business entity. With respect to the business entity, the
covEr lstter shall also lnclude: the E€ntilication ofthe business entity, including the
name, address and telephone number of the buslnoss entity; and the name, title,
address ard telephone number of a contact person during the proposal evaluation
perid.
lntroductlon: Present an inhoduction of the pmposal and your understanding of
the assignment ard significant steps, methG and procedur€s b be emplo)Ed by
the proposer to ensure quality delirerables tfnt can be delivered within the
rcquired time frames and your iCentified budget.
General Scope of Work: Briefly summarize the se,ope of wo* as the proposer
perceives or envisions it for each Senrice Area poposed.
Work Plan: Present concepte for conducting the lrcrk plan and inten€lationship of
all projects. Define ihe scope of each task including the depth and scope of
analysis or research proposed.
Fees and costs: Afthough an important aspect of consideration, the financial cDst
estimate will not be the sole justitication for consideratiofl. Negotiations may or
may not be conducted with the proposen therefoG. the proposal submitted should
contain the propose/s most favorable t6rms and condluons, sincs selection and
award may be made without discussion with any tow s€rvice company. All prices
E.
F.
6
D.
t.
City ofVernon Franchise Tow Fee Program Request for ?roposals
should reflect "not to exceed' amounts per item. Proposer must otfer services at a
rate comparable to the rale proposer offers to other governmental entities for
similar uork. Otfering a higher rate to the City than the comparable rate b grounds
for disqualmcation of the Proposer.
Abili9 of the Proposer to Perform: Provide a detail€d description of the proposer
and his/heriits qualifications, including names, titles, detailed professional resumes
and past exp€rience in similar u/ork efforts/products of key peBonnel wiro will be
wo*ing on the assignment. Proride a list of specific r€lated work proFcts that
have been complsted by the proposer which are diGcty related to the assignmsnt
described in this RFP. Note the specific individuals who completed such projec(s).
ldentify role and responsbility of each member of the project team. lnclude the
amount of tinE key persmnel will be involved in the respective portions of he
assignment. Respondents are enmuraged lo supply rele\rant examdes of their
professional product. Pro/ide a list of references.
The selected tow service companies shall not subcontract any work under the RFP
nor assign any work without the prior written coment of tho City.
Affidavft of Non-Collusion. Proposer must submit a completed and signed,
"Affidavit of Non-Collusion.' (Copy attacied as Exhibit A).
AOOENDA" CHANGES. AND AilENOTENTS TO THIS SOUC]TATION
At any time priot to the due date for responses, the City may make changes,
amendments, and addenda to this solicitstion, includlE changing the date dJe to allo^,
respond€nts time to address such changes. Addenda, changes, and amendments, if
made, will b€ posted on he CiSs website (u
^r.citlrofuemon.org),
wtrich is deemed
adequate notics. A proposer may make a request to the City's project coordinator to be
placed on a list of pefsons to receive notice ol any sucfi addenda, changes, or
amendments. The prefened manner of communications Is via e-mall due to its
timeliness.
8. CONDITIOT{S FOR RESPONSES TO RFP
The following conditions appy to this RFP process:
Nothing contained in this RFP shall create any contractual
relationship between the respondent and the City.
This RFP does not obligate the City to establish a list of service
providers qualified as prime conhactors, or award a contrad b
any respondent. The City r€serves the right to amend or cancol
this RFP without prior notice, at any tim€, at ib sole discrBtion.
The City shall not be liable for any expens€s lncun€d by any
individual or organization in connection with this RFP.
No conrrersations or agreements with any officer. agent, or
H.
7.
A
B.
c.
D.
.7 -
City of Vemon Franchise Tow Fee Progam Request for proposals
employea of the City shall affecl or modify any terms of this RFp.
Oral communications or any written/e-mail materials provided by
any person other than designated contact staff of City shall not be
considered binding.
E. The City reserves the right, in its sole discretbn, to accept or
reject any or all Proposals without prior notice and to tvaive any
minor inegularities or defucts in a proposal. The City reserves ths
right to seek darification on a Proposal with any source.
F. The dates, times, and sequence of events related to this RFp
shall ultimately be determlned by the City. The schedute shown
abor/e is subiect to change, al th€ sole discretion of the Cig,
although the City will ettempt to follo it and, if it must be altereJ,
will attempt to provide reasonable notice of the changes-
G. Respondents shall not issue any news release pertaining to this
RFP, or the City without prior unitten appro\ral of the City,
H. All submitted proposab and information included herein or
attadred thereto shall become public record upon delivery to ttre
City AdministratoCs Ofiice.
RIGHT BY THE CITY TO WITHDRAW THIS REOUEST
The City may, at its sole discrelion and for any reason whatsoever, withdraw his
solicitation at arry time.
10. LIVING WAGE ORDIIIAAICE
The selec-ted tow service companies shall pay qualifying employees a wage of nol less
than $10.30 per hour with heaith benefits, or $1 1.55 per hour without health benefits_
The tow service mmpenies shall also provide qualifying employees at least tu,elve days
off per year for sick leave, vacation or personnel necessity, and an additional ten dayi a
year of uncompensated time for sick leave. There shall be a prohibition on emplolEi
retaliatbn against an employee's complaining to the City with reg€rd to the empbyer,s
compliance with the living wage ordinance. The torrv services companies, and any sub-
contracto(s), shall comply wilh the City's Living Wage Ordinance. The cunent Liiing
Wage Standards are set forth in Exhibit "D' of the slandard form franchise to^,ing
servbes contract, attached hereto as Exhibit B. Upon the City's request, certifiei payroll
records shall promptly be provided to the City.
-8-
City of Vemon Franchise Tow Fee Program Request for Proposals
11. STANDARD TERiIS AND CONDITIONS
Prior to the award of any work her€urE€r, Cily and proposor shall entsr into the written
contrsct for servic€s attached hereto as Exhibit B. Proposers responding to this RFP
are strongly advised to review all the terms and conditions of the Contract The term of
the Contract shall not exceed three (3) years,
_o-
City ofVemon Franchise Tow Fee Program Request for proposals
EXHIBIT A
AFFIDAVIT OF NON.COLLUSION
- 10 -
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNI,A
COTJNTY OFLOS ANGEL.ES
)
)ss
)
first duly swom deposes
and says that hdshc is
of
lltBer 'SoL OwE/, 'Pr.m./. .P,Eihnr 'SEldsry., no |Gr grlP.r titL)
( IR.n lrlB of Hd.0
who submits hqrwith @ fte City of V€mon 8 bid/proposal;
Thrt all silatrrncnti offact in such bid/propoml arc ruc;
Thrt such bid/propoeal was Dot made in the interut of or on bdulf of any undisclosed pcrmn,
panncrship, comfny, association, organization or corproration;
Thrt srch bid/pmpoeal is genuinc and not collusive or sham;
That said bidder lus nog direcdy or indircctly by agreerncnt, communicalion or confcrencc with an5rone
attcnrptEd to induce aclion pejudiciEl to tll€ hEr€sr of rhe city of veraon, or ofany other bidder a
anlsre else inrcrested in tre proposed conuact; and finher
That pior to the public qening and reading of bitsftropooals, said bidd€r
b.
Did nor dirEctly or indirEctly, irduce or solicit anlone els€ to submit a false or sham
bid/proposal;
Did not directly or indirectly, collude, conspire, condw or agr€e with anyone else thar soid
bidder or anyone elx would submit r false or sham birUproposai or that anlone should retain
from bidding or withdraw hiMrer bid/proposal;
c. Did not, in any manner, directly or indirccily seek by ag€€ment, communication or mnfercrre
with anytne to raise or fix the bid/proposal price of said biddcr or of anlone clse, or ro raise or
fix any overhe-ad, pro{it or cost element of hidtrer bid/propcal priee, or of that of antonc elsc;
d, Did not, directly or indirecdy, submit hiVher bi&lroposal pdce or any br€akdown thcreof, or
rhe contenrs thereof, or diwlge information or data rclatiw ficrcto, to any corporation,
bid depository, or to any mcmbcr or ag€n!
Ii,fi i*lT,i"f ly'iiItrl frff Y"ffil
I cvtiS under penalry ofperjury that the above information is correct
By:Title:
Date:
Mllrh 20ll
City of Vemon Franchise Tow Fee Program Request for Proposals
EXHIBIT B
STANDARD FORM COMTRACT
-'tl-
CITY OF VERNON
FRANCHISEE TOWING SERVICES AGREEMENT NO.
COVER PAGE
Franchisee:Iinsert name of franchiseel
Responsible Principal of Franchisee: linsert name, titlel
Notice lnformation - Franchisee:
Notlce lnformalion - Cit)4
Commencement Date:
Termination Date:
Consideration:
Rscords Retention P€riod
[insert name of franchiseel
[insert street address]
[insert city, state, zip mde]
Attention: [irsert name, titlel
Phone: [inserl phone number]
Facsimile: [insert fax number]
City of Vemon
4i105 Santa Fe Avenue
Vemon, CA 9005E
Attention: [insert d€partment headl
[insert departm6t head title]
Telephone: (323) 583-8811 ext. [insert]
Faeimile: [inserl fax number]
[insert commencement date]
[insert termination date]
Payment is made by Franchisee to City
pursuant to Section 3 of this Agreement.
Payment is made to Franchisee by City
pursuant lo Section 5 of this Agreement.
[insert number of ]rears contractor must
retain records]
March 2015
CITYOF VERNON
FR/{NCI{ISEE TOWING SERVICES AGREEMENT NO.
This Agreement b made and entared into by and between the City of Vermn ("Cityr), a
Califomia chartGr City and Califomia municipal corporalion, and
("Franchisee'), a Folice TouirB Company with its principal place of business at
City.
The Parties agree as follovrs:
RECITALS
WHEREAS, FrenchiB€e shall provide polics towirg services to the City of Vernon as set
forth in the Request for Proposal dated . Exhibit A, and Franc_lbee's fiopo€al to the
Citv ('Prooosal') dated . Exhibit B, bolh ot which are atach€d to end incorporeted
lnto lhis Aoreemenl bv reference.
WHEREAS, Blrsuanl to Chapter 48 of the Vemon Municipal Code, Franchisee has
applied for a Police Torrlng Franchlse ('F.anchise'): and
WHEREAS, the City Council has hold a public hearing {orthe purpose of hearing
peGons in favor of or in opposition to the granting of such Franchise; and
WHEREAS, the City Council has determined that Franchise€ has demonstrated
cornpliance with Chapter48 of the Vemon Municipal Cod€ and has agreed to comply with all
provisions of that Chapter; and
- WHEREAS, it is rtquired that City and Franohisee enter into a Franchise Towing
Sewices Agreement ('Agreennnf ) for Police Toring seryices in the CiV of Vemon; ani
WHEREAS, additional conditions have been imposed upon this grant of Franchise.
NOW, THEREFORE, the Parties do hreby agree as follows:
Section 1. GMNT OF FRANCHISE.
City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage
in the business of Polica To^/ing as set forih in chapter 48 of the vemon Municipel code in the
city of vemon and to use the pubtic streets and rights of way for sucfi purpose. Thi6 grant is
pursuant to lhe City's Request for Proposal and to Franchlse€'s proposalfor the Franchase.
Franchisae is subiect to the terms and condiflons specifi€d in sec on 8.9 of he chartsr of theCIV of Vornon, tha provl6ions of Ghapter 48 of the Vemon Municipal Code, the terms and
conditbns spoci,ied in all rolated resolutions, the terms and conditions of this Agreemenl, the
repr€sentations and assurances in Franchisee's applicatbn for the Frandise. -
Section 2. TERM OF FRANCHTSE
The term of this Franchise granted lo Franchisee shall be for three (3) years, from _
-
to indusive.
(collectively, the "Parties') to provide for towing services lo the
March 2Ol5
Section 3. FRANCHISE FEES.
3.1 During the term of the Franchise, Franchisee shall pay franchise f6es to
City, which fees shall be assessed from lhe date on which the ordinance granting this Franchise
became effective and in accordance with Section 48.8 of the Vemon Municipal Code and any
Resolution adopted by the City Council and in such other amounts as ar€ set forth in any
subsequent resolutions that may be adopted by te City Council at any time during the term of
the Agreement.
3.2 Franchise shall timely pay all required franchise fees to:
Finance Department - Diredor ol Finance
City of Varnon
4305 Sanh Fe Avenue
Vemon, CA 90056
Eadr payment shall be accompanied by a written statement, verified by the Franchise€ or a duly
authorized representative of the Franchise, showing in such form and detail as the Direclor of
th€ Deparlment of Financ€ may prescribe, the calculation of the franchise fee payable by the
Franchisee and such other information as the Darector of the Oepartment of Finance may
require as material to a determination of lire amount due.
3.3 The first payrnent of the franchise fee will be due on
and paymenls shall be due monthly thoreafter on the 15D day of each month.
3.4 When Franchisee remits franchise fees the City, such franchise feos shall
be deemed timely paid only if delivered or posfnarked on or bafore the due date. lf feas are not
timely paid, Franchisee shall b€ subject to suspension or tsflrlination of the Franchise pursuant
to Section 14 of this Agreement and/or to any other penalties which may be establbhed and
assessed by the City, includirg, but without limitation, late fe6s assessed at the rate of five
percent (57o).
Section 4. TOWING SERVICES.
4.1 Franchisee shall pmvide Police Torring services, as set forlh in Exhibit A,
which is the Cltys Request for Proposels for Offrcial Police Tow Services, and which Includes,
but without limitat'ron, srictly adhering to the eligibility requirements, operating regulations, f€es
schedulss, standards for td^, truck equipment, standard rules of operation, response time,
inspection, information regarding new or terminated tow truck drivers, tow driver training, and as
set lorth in Exhibit B which is Franchisee's responsa to the City's Request for Proposals. All
seruic€s by Franchisee shall comply will all provisions of federal, state and local law and
regulation, induding, but without limitation Chapter 48 of the Vemon Municipal C,ode.
4-2 FranchiEee understands and agrees that, although the City is granting it a
franchise as a police towing s€rvic€, the City may requisition towing services from other service
providers as set forth in Section 48.12 of the Vemon Municipal Codo, or if Franchisee is
othenvise unavailable for any reason, in the reasonable discretion of the Vemon Chief of Polics
and including, but without limitation, suspension or tsrmination of the Franchisee.
March 2015
Section 5. RATES, CHARGES AND PAWENT.
5.1 The rates and charges for towing and storage in connection with this
FranchisE shall be eotablished by the City Council. The prevailing rates presoibed by the
Southem Dvision of he Califomia Highway Patrol, the Los Angeles Police Deparfneni, and the
Los Angeles County Sheriff will be considered when establishing these rabs. The rate per
impound shall be $_ and the storage charge shall be $- per day, until
otherwise modified by the City Council. A sign showing thE approved rates and charges shall
be conspicuously posted in the Franchisee's tow office and shall b€ posted in a conspicuous
place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle
ownerc the option of payment by Maste€ard and Visa. Franchisee must provide for after-hours
releases ofvehicles, and may collect an after-hour release fee. As part ofthe award of
franchise the City Council will be requested to establish an after-hours release fee not to exceed
% of the impound fee in addltion to olher estrablished fees.
Section 6. REPORTS.
Franchisee shall file a monthly towing report with the Chief of Police along with payrnent
of its monthly frandlise fees. The report shall be submitted to:
Chief of Police
Vemon Police Department
4305 Santa Fe Avenue
Vemon, CA 90058
The report shall include the information required by Section 48.10(H) of the Vemon Municipal
Code for Franchisee and its subcontractors, c€rtiried as true and conect under p€nalty of
perjury by a responsible owner or official of the Franchisee:
Section 7. FRANCHISEE'S RECORDS.
7.1 The Franchisee shall maintain a@urate and complete books and
accounts of all revenues and income arising out of its operations under the Franchise and in a
manner, which conforms with generally accepted accounting principles. Franchisee's books,
accounts and records, arising out of or related to its operation under ttrc Franc-hise, shall at all
times be open lo inspeciion, examination and audit by authorized officers, employees and
agents of the City. Such records shall be kept at franchisee's place of business shown in this
Agreement for receipt of notices.
7.2 Francfiisee shall require its subcontractors, if any, who perform Police
Towing services in connection with the Franchise to keep and maintain books of account and
other records showing all business transactions conducted by such subcontractors in
conneclion with the Franchise- Franchisee agrees to use its best efforts to at oid duplication of
reporting b€tween Francfiisee and its subcontractors.
Section 8. TO / VEHICLE AND DRIVER. REPORTING. COMPLIANCE. ANO
IDENTIFICATION.
8.1 FrarEhisee shall maintain on tile with lhe City, a complete and accurate
listing of every \r'ehicle operated by Franchisee for police towing services. Franchisee shall
certify, in a form acceptable to City, that every such vehicle conforms with regional and State
March 2015
vehicle emission standards ('emission standards'), and shall provide documentation of
complianc€ on written request ofthe cig. Franchisee understands and agrees that failure to
conform with emission standards may result in suspension, termination or non-renewal of a
Franchise.
8.2 Every vehicle operated by Franchisee and for police Tordng seMces in
the City shall bear the folloling idenlification: Franchisee's lrade name, monogram or insignia,
the Franchise vehicle number, bgether with Franchisee's telephone number painted upon both
sides of the vehicle. All lettering mentioned in this paragraph shall be not less lhan 2-114" in
height and not less than 5/6'stroke. The Franchisee agrees to remove the Franchise vehicle
number and all other information within 30 calendar days after the Franchise is terminated or
the vehide is so6, kansferred or Eken out of sewice.
8.3 Franchisee shall file wih he Vemon potice Department, the name,
address, date of birth, driver's license number, and all identification required of any tow unit
driver working for Franchisee, whether as an employee oras a contractor, which information
shall be filed not later than ten (10) business days follo,ving the effective date of employrnent or
engagemenl Franchisee shall also nolify the Vemon Police Department within ten ( 10)
business days of the folloting occlmences: the license suspension of any tow unit driver, and
the end of employment, or engagement, of any to , unit driver with Franchisee.
Section 9. INDEMNIFICATION OF CITY.
9.1 Franchisee shall indemnify and hold the City harmless from and against
any and all loss, damages, liability, claims, suits. costs and expenses, fines, charges or
penaltie whatsoever, irrcluding rEasonable aftomays fees, regardless of the m6rit or outcome
of any such claim or suil, arising ftom or in any manner related to the seMces provided or
busirEss conducted under Chapter 48 of the Vemon Municipal Code or otherwlse pursuant to
this Agreement.
9.2 Franchise€ shall indemniry ths City, defend with counsel approved by the
City, prot€ct and hold harmless the City, its officers, employees, agents, assigns, and any
sucoessor or successors to the citys interest from and against all clEims. actual damages
(including but not limited to special and consequential damages), natural resources damage,
punitive damages, injuries, costs, response, remediation and removal costs, losses, demands,
debts, liens, liabilities, causes of action, suits, legal or administrative procoedings, interest, fines
and charges, penalties and expenses (including, but not limited to. attomeys' and expert witness
fees and mts incurred in connection with defending against any of the foregoing or in enforcing
this indemnity) of any kind whatsoever paid, incuned or suffered by, or asserted against, the
City or its officers, employees, agents or the Franchisee arising from or attributable to any
repair, remedlation, cleanup or detoxification, or preparation and implementation of any
removal, remedial, response, or closure or other plan (regardless of whether undertaken due to
govemmental action) @ncerning any hazardous substance or hazardous waste at any place
rfiere the Franchisee stores or dispose of solid or hazardous waste. The foregoing ind€mnity is
intended to operate as an Agreement pursuant to the comprehensive Environmentral Responsa,
compensation and Liability Act, 42 united states code s€ction g607, and california Healih and
Safety Code Sedion 25364, and any succassor provisions, to insure, protect, hold harmless,
and indomnify th€ City frcm liability.
March 2015
Section 10. INSURANCEREQUIREMENTS.
10,1 Franchisee shall, at:ts sole cost and expense, proanre and maintain in full force
and effect, throughout tho term of this Agreement, inclusive of any renenral term grant€d by City,
insurcnce against claims for iniuries to persons or danages to property whici may arise from or
in connection with the performance of the services hereunder by the Frandlisee, its agenb,
representalives, emplolces or subcontractors. Franchisoe shall procure and mainbin
insurance policbs of the tlpes and meeting the requirements set forth belo^,, and shall provide
to the City a CertiJic€te of hsurance, or other sucfi evidence reasonably accepteble to the City,
verlfying the €xistence of sudr policies:
10.2 Mlnimum Smoe oI lnsurance Coveraoe. Franchisee snall procure and maintain
policies ot insurance with minimum scges of coverage AT LEAST as broad as the following:
(a) ComprehensiveGeneralLiabilitylnsurance.
(b) ComprehensiveVehicleLiabilitylnsurance.
(c) Workers' Compensation Insurance as required by the State of Calitomia
and Emplolcr's Lhbility lnsurance.
10.3 Minimum Limils. Vendor shall maintain insurancs with minimum limits NO LESS
THAN the following:
(a) General Liebility of Two Mlllion Dollars ($2,0@,000) for 6ach occurranoB
and in the eggregate, combind single limit, against any bodily injury, de8th, personal
injury, or property damage. ln Comprehensive General Liability lnsurance or other fom
in which a general aggregate limit is used, the general limit shall apply separately to this
Agreement or the general limit shall be TWICE the required occunence limlt.
(b) Auldnobila Llability of One Million Dollars ($1 ,000,000) per accident for
bodily iniury and property damage.
(c) Gerage Keepers Legal Liability coverage wilh minimum limits of Tlrro
HuMred Flfty Thousand Dollars ($250,000) per occunence.
(d) Emflopr's Uability of One Million Dollars (Sl ,000.000) per accident for
bodily injury or disease.
(e) Wo*er's Compensation and Employer's Liabtity Insurance in an amount
required by law.
10.4 Deductibles. Any deductibles or self-insured retentions musl be declared to and
appoved by the City. At the option of the City, Franchisee shall eithori
(a) Reduce or eliminate such deductibles or self-insured retentions as
respect to lhe City, ib elected and appointed officials, oflicers, emplo)r€es, agents.
representatives, attorneys, and volunteers; OR
(b) Proq.re a bond, guaranteeing psymont of losses and r6lated
investigations, claim administration and defense expenses.
March 2015
10.5 REquired Endorsements. All of the policies required by this Agreement shall
eantain, or be endorsed lo conhin, the following provisions:
(a) City, its elected and appointed officials, ofrcers, emplo),Bes, agenE,
representatlves, attomeys and volunteers shall be named as additional inu.rred parties,
and the policies shall specifEally state that the coverage contained in the policies afiords
insurance pursuant to the lerms and conditions as set forth in this Agreement.
(b) The insurame cowraoe prcvided by he Franchisee shall be primary to
any mverage avallable to the City. Any insurance or self-insurance maintained by City,
its ofricers. offlcials, emplo),ees or volunteers shall be in ercess of Franchisee's own
insurance and shall not contribute wilh it.
(c) The insurarrce policies shall conbin no special limitations on the scope of
protection afiorded to the City, its elecled and appointed officiab, officers, employees,
agents, representiatives, atorne!6 or rolunteers. Further, the policies shall expressly
waive the right of subrogation against City, its elected and appointed ofiicials, ofiicers,
employees, agenb, representatives, attorneys or volunt6€rs.
(d) Any failurB to comply with reporting or othsr provisions of the policies
induding breaches of warranties shall not affect coverage provirJed to the City, its
elscted and appointed officials, officers, employees, agents, represontaliv€s, attome)6
or volunt@rs.
(e) The insurance coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of he insureds
liability.
(0 Each insurance policy required by this seclion shall be endorsed to state
that coverage SHALL NOT be suspended, voided, and/or canceled by either party, and
thet there shall be no reduction in the amount of coveGge or in the limits applicable
thereto EXCEPT after thirty (30) days prior wriften notice has boen given to the City, said
written notice to be delivered by U.S. Cerlilied Mail, Return Receipt Requested
addressed to lhe City Attorney and City Finance Director
G) ln its sole discretion, the City may waive all or some portion of the above
referenced insurance if such waiver is in writing and executed by Citys Finance Director-
10.6 Reouired lnsurance Ratim. Any insurance policy required by this Agreement
shall be placed with an insurer admlfied in the State of Califomia with a current A.M. Best's
rating of NO LESS THAN B+:Vll in the latest edition of Best's lnsurance Guide.
1O.7 Orioinal C.€rtiticates Reouired. At all times during the term of this Agreement,
Franchisee shall maintain on file with the CiVs Finance Drector a certificate or certificates of
insurancs. Said certificate or c€rtificates of lnsurance shall sho , that the abresaid policies are
in effect in the requked amounls and shall contain each of tfie endorsements as set forth in
Section 10.3. Franchisee shall, prior to commencement of work under this Agre€ment, file with
the City Finance Direcbr the original certrficates effecting coverage required by this section of
this Agreement The endorsements are to be signed by the person authorized by that insurer to
March 2015
bind coverage on it6 b6half. The ondorsements ara to b€ received and apgoved by City before
Francfiisoe @mmances operation under the terms of this Agreement
10,8 Failure to Mairrtain Reouired lnsurance. Franchisee agrees that if il falls to keep
the aforGaid insuranc€ policies in full force and effect the City may, et its sole option, either (i)
immediat€ly t€rminate this Agr€€ment or, (ii) if insurance is available at a reasonable cost, the
City may lake out the necessary insurance end pay, at Franchisee's cost end €xpenr€, lh€
premium thereon,
Section 11. TERMINATIONANDSUSPENSION.
The City may torminale his AgrBement, without caus6, by glving the Francfiis€a
thirty (3O) days written rptice of such termination and lhe effective date thereot. The Gity may
terminate this Agr€ement, wilh caus€, by giving the Franchisee (10) days writbn notice of such
tennination and the effoctive date thereof. Cancellation for cause shall ba at the dbcrdion of
he City and shall be, but is not llmited to, failure b supply the materials, equipmenl or s€rvioe
specmed within the time allowed or within lh6 terms, conditions or proyisions of this contract.
The Francfiis€e may nol cencel lhis Agreemont wihout prior wftten consent from the Vedron
Chief of PoIce.
Section 12. TEMPOMRYSUSPENSION.
ln addition to lermination or suspension as set forth in Saction 1'l , above, tre Chief of
Police may temporarily suspend any Franchisee Mlhout a hearing, whonsver he oontinued
operation by the Franchhee would constitute a danger to pubiic health, safety. trrelfare or public
morals, including, without limitation, where therc is a failure to maintain the minimum ld/eb and
slandards of laability insurance or claims r€serve or frailure to keep in full hrce and effect any
epplicablB licsnses or pemits required by federal, state, local law, or regulation. The notice of
temporery suspension may b€ personelly delivered to tha parly named and to th€ addr€ss given
on the application pursuant lo which such Franchise was issued and to the notce address
stated herein, il differenl or, mailed by registered or certfied mail to the party named at the
address given on the applicalion pursuant to w1'lrch such FGnchise was issued and to the noticG
address sEted herein, if differenl Notwithstanding other nolic€ provisions of this Agreement,
the temporary suspen$on is effeclive upon the esrlier of eilher receipt or th€ expiration of 3
days from ths date of mailing. The notic€ of temporary suspension shall include a notce of he
dats and time for termination hearirE and all oth€r information required by the Vemon Municipaf
Code. The tomporary suspension shall r€main ellective until the decision on suspension or
termination is made unlsss th€ suspension is lifted by written notie of the Chief of Police.
Section 13. ACCEPTANCE. WAIVER.
Franchisee agrees to be bound by and comply with all the r€quiremenb of Chapter 4B
and lhis Agrcamant. By entering into tris Agreament, Franchisoc waivE6, to the maximum
extent p€rmitied by hw, Franchisee's right to ohaflenge the terms of this AgrEernent and of
Chapter 48 under federal, state or local law, or under administrative regulation, as such laws
end r€gulations sxist as of th€ date of signing of this Agreement.
Section 14. GENEMLTERMS AND CONDITIONS.
14.'l INDEPENDENT STATUS- lt as undBrstood that in the performance under
this Agreement, Franchisoe shall be, and is, an independent operator. and is nol an ag6nt,
March 2015
contractor, or omployee of City and shall fumish services in its own manner snd m6thod.
Furthor, Franchisoe has and shall retain th€ right to exercise full conhol over lhe employment,
dirsction, compensation and dbchaEe of all p€rsons emplotsd by Franchis€o in its tGinEss
op€ralions. Franchis€€ shalt be sololy r€s?onsible for, and shatr i.6omnify, dofend and sarre
city harmless ftom all matters relaling to the p€ymont of its ernployees, intluding compliance
with social security, withholding and all otherwages, salaries, benefils, taxes, exlctions, and
regulations of any nature whatsoer,,er.
14.2 FMNCHISE NOT AGENT. Franchises and its subconhactors shell have
no authoriry, axpress or impliad, to act on behalf of or bind the Cify In any cap€city whatsoewr
as agsnts or otherwise,
14.3 WAI\GR. The City's wairrer of any term, condition, bresch or d€fault of
his Aore€rnent shall mt be considored to be a wai\€r of arry other lerm, condition, default or
breach. nor of a subs€quent breach of he one uraived,
14.4 NO ASSIGNMENT. The Frdnchisee shall not assign or transfer any
interest in t s Agreement without the express prior written mnsent and approval of City
Crcuncil.
14.5 COMPLIANCEWITH re. Franchisee shall comply with aU Federal,
Sbte, County and City laws, ordinances, resolulions, rules and regulaflons, nhich are, as
amcnded ftom time to time, incorporated herein and applicable to the perlormance hereof.
14.6 ATTORNEYS FEES, lf any action at law or in equity is brought to
enforce or interpret the terms of his &remont, the preyailirq party shall be entifled to
rgasonable attomeyB fee6, coels and nocossery disbuG€rnents in addition to any other relief to
which such party may b€ entiUod.
14,7 INTERPRETATION,
14.7.1 AEEIl!3lhE@. This AgrBement, and rhe righrs and dutkls of tho
partres hereunder (both procedursl and substantive), shall be gowmed and construgd
according lo ths lsws of the State of Celifsnia.
14.7.2 Entlre AorBem€nt. Thls AgrB€ment, includi.E any Exhibits
attsched herelo and any doqJments explidfly referenced herein, consttut€s th€ €ntirp
agrBement and under€tanding belwe€n th€ parties regarding lts sublect flEtter and supersedes
all prior or contemporan€ous negotialions, represefihtions, understandings, correspondenco,
doomentation and agreemenls (written or oral).
14.7.3 WJitten Amondment. This Agrcement may only be changed by
written amendment signed by Franchisoo and the Gity Administrator or dher authorizad
representatlve of the City, subioct to any requisite authorization by the City Council. Any oral
representaliona or modifications conc€mirig this Agreement shall be of no furce or effed.
- 14.7.4 Sevsrabilitv. lf any provision in this Agroemsnt iB held by any
courl of competent jurisdiction to b€ inv€lid, illegal, vokl, or unenforceable, sucfr portion str-all be
de€m€d sevar€d from this Agr€€ment, and the remaining providons shall neverlheless continue
in full force and effect as fully as though suctr irwalid, illegal, or unenbrceeble portion had nevBr
been pert of this Agr66ment.
March 2015
14.7.5 Choice of Forum. The parties hereby agree that this Agre€ment is
to b€ entorced in accordanc€ with the laws of the State of Califomia, is enterBd inio and is to be
p€rformed in the City of Vennn and that all claims or conboversies arising out of or related to
performance under this Agreement shall be submitted to aM resolved in a forum within lhe
County of Los Angeles at a place to be determined by the rules of the forum.
14.7.6 Order of Pr€cadence. lncaseof conflict b€tur€€n the terms of tfris
Agreement and thB terms contained in any document attached as an Exhibit or otherwis€
incorporated by reference, the order of precsdsnc€ is as follows: Cherter the City of Vemon, the
V€mon Municipal Code, the ordinanc€ granting thb FrEnchis€, r€solutions of the City of Vemon
this Agreement, the City's Req uest for Proposals for Ofiiciel Polics Towing SeNicas, and
Franchisae's Response to the City's Request for Proposgls for Official Police To!,ving SeMces.
14.7.7 9C!1|!g3]E_q!S!!elS. There shall be two (2) fully signed copies of
this Agre€rnent, each of which shall be deemed an original.
14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents ard
waranb to the City thal he Franchisee has the right, power, legal capacity €nd authority to
entgr into and p€rform its oblig€tions urder this Agreement, and its execulion of this Agraemant
has been duly authorized,
Section 15. AODITIOI\,JAL ASSURANCES.
15,1 EOUAL EMPLOYMENT OPPORTUNITY PRACTICES-
Franchisee oertifies and rcprgBents that, during the performanc€ of this
Agr€Ement, Franchisee and any other parties with whom it mey subconhact shal adhere to
equal opportunity employment practices to assure thal applicents and employees are treated
equally and are not discriminated against becaus€ of lheir race, religion, color, national origin,
ancestry, disability, s€x, age, medical condilion, marital status. Franchisee further cert'fles that
it will not maintain any segregated facilities. Franchisee further agrees to compty with The
Equal Empbyment Opportunity Practices prMsions as set forth in Exhibit "C'.
15.2 EUSINESS LICENSES. Franchise€ shall obtain, and pay any and all
cDsts associated therewiflr, any Vemon Business Licanse, whlch may be rEquired by the
Vernon Municipal Code and all permits, and licorlsgG applicable to Franchisee's operations
under this FrarEhise, which are rcquired of Franchisee by arry governmental agenry.
1 5.3 MATNTENANCE AN D r NS PECT roN_O. j_EEG9RDS.
Th€ City, or its authorized auditors or representauves, shall have access to and
the right to audit and reproduce any of he Franchisee's records to the extent the Crty deems
necessery to insure it is receiving all money lo which it is entitled under the Agreement and/or is
paying only he amounts to which Franchise€ ls properly entitled under the Agreement or for
other purposes relating to the Agreement.
The Franchisee shall maintain and prGerve all such records for a period of at
leest 3 years after termination of the Agreement.
The Franchisee shall mainiain all such records in the City of Vernon- lf nol, the
Franchisee shall, upon Gquest, prornptly deliver the records to the City of Vemon or rBimburse
li,larch 2015
the City for all reasonable and extra costs ;ncurred in conducting the audit at a location oth€r
than the City of Vernon, including, but not limited to, such additional (out of the City) exp€nss
for personsl, saleries, privale auditors, trsvel, lodging, meals and overfiead,
15.4 CONFLICT. Franchis€e hereby represents u/anants and certmes thst no
member, officeror employ€e of the Franchis€e is a diroctor, offrcer or employee of the City of
Vemon, or a member of any of ib boards, commissions or commiftees, e)Gept to the extent
pennifi€d ry law.
S€ction 16. LIVING WAGES.
Franchisee, and any subcontrecto(s), shall comply with the Cit/s Living W4e
Ordinanco. ThB current Living Wags Sbndards ars set forh in B(hibit 'D'. Upon the Cit/s
,Bquesq erlified payrcll records shall prcmpfly be provid€d to the City.
Section 17. NOTICES.
Excepl as otheruise provided in this Agre€ment, all notices required by this Aore€ment
or by Ghapt€r 48 of the Vemon Municipal Code shall be giwn by peEonal seMce or by deposit
in he Unitod States m8il, postage pre-pald and retum receipt rEquEsted, addressed io th€
parlies as follows:
To City: Chief of Police
Vemon Pdrce Depertmont
4305 Sanh Fe Avenue
Vemon, CA 90058
Copies to: Director of Finane
City of Vemon
4305 Sanb Fe Avenue
Vemon, CA 90058
FranchLsEs:
Notice shall be deemed efective on the date personally served or. if mailed, three days the date
deposited in the mail.
[Signatures Begin on Next Page]-
March 2015
lN WTNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of the date sel forth belorr.
City of Vernon, a Calrfornla charter City [FRANCHTSEE'S NAME, a [SEte
and CaliFornia municipal corporation incorporatsd inl corporation
Mayor / Mayor ProTem
ATTEST:
Name:
Title:
By:
Name:
TitleiMaria E. Ayala, City Clerk
APPROVED AS TO FORM:
Her6 Patel, City Attomey
March 2015
EXHIBIT A
REQUEST FOR PROPOSALS
March 2015
I
i
I
EXHIBIT B
FRANCHISEE'S PROPOSAL
March 2015
A.
B.
EXHIBIT C
THE EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Contraclor cartifies and represents that, during the performance of this Agreement, the
contractcr and each subcontraclor sh€ll adhere to equal opportunity employrient pradices
to assure that applicents and emplqrces are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancsstry, handicap,
sex, or age- Conhador further c€rtifios that it will not maintain any segregated facilities.
Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employnent placed by or on behalf of Contractor, state that it is an .Equal Opportunity
Employef or that all qualiried applicants will receive conskleration for employment wiihout
regard to their race, religious creed, color, naUonal origin, ancestry, handicap, sex or age.
Contractor agre€s that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicanb or employees because of
their rn€rnbeEhip in a protected class.
Contractor agrees to to, and, if requested to do so by City,
through its awarding ll of its records pertaining or reiating to its
employrnent practic€ ch records or portions of such rccords ar€
confidenlial or privileged under state or f€deral 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.
March 2015
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livino Waoes;
A.requirement that Employers pay guarifying emproyees a wage of no ress rhan g10.30 per hourwith health benefits, or $1 1.55 per hour without heaith beneliti.
Paid and Unoaid Davs Off:
Employers provide qualifoing employees al reast twelrc compensated dalc off per year for sick
leave, vacation, or personal necessity, and an additionar ten'days a year if ,nc'oriensatea
time for sick leave.
No Reteliatlon:
A prohibition on employer retaliation against employees complaining to the city with regard to
the emplolrels compliance with the living wage ordinance. Employ-es may bring an
"&ion
insuperior court against an employer for back pay, trebre damages
'br
willful violaiions, and
attomey's fees, or to co,npel city ofiicials to terminate the servbe contact of violatirE
empbye6.
March 2015
EXHIBIT B
EXHIBIT B
FRANCHISEE'S PROPOSAL
- 15 -
FRANCHISE TOW FEE PROGRAM
Submitted by:
MR. C'S TOWING OF SOUTH GATE, INC.
4421 Mason Street
South Gate, CA 90280
Tel: (323) 249-0575
Primary Contact: Jerry Brown, General Manager
Submitted to:
City of Vernon
Attention: Captain Michael Gillman
4305 Santa Fe Avenue
Vernon, CA 90058
COVER LETTER
Mr. C's Towing of South Gate, lnc.
4421 Mason Street
South Gate, CA 90280
(323) 249-0575
April 16, 2015
Mr. C's Towing of South Gate, lnc. (hereinafter "Mr. C's") is pleased to submit the
following Proposal and relevant attachments in response to the City of Vernon
(hereinafter "the City") Request For Proposals for the Franchise Tow Fee Program
(RFP) which shall remain valid for a period of not less than ninety (90) days from the
date of submittal.
This cover letter is intended to provide a general overview of all relevant issues
identified in the RFP, with details and elaboration in the Proposal and attachments.
Mr. C's Towing, lnc., located in Los Alamitos, initially incorporated in California in 1986,
under the direction of Kurtis McElroy. ln 2002 Mr. C's Towing of South Gate, located in
South Gate, was incorporated in California, also under the direction of Kurtis McElroy,
servicing by contract, not only the City of South Gate, but now includes the City of Bell,
and CHP - East Los Angeles. Kurtis McElroy is President of the corporation, and Jerry
Brown, retired after more than 30 years in law enforcement, serves as its General
Manager, and is the designated contact person during the proposal evaluation process,
at the above office number or his cell phone (323) 807-3515.
Mr. C's is fully capable of conducting an official police towing service which complies
with all of the requirements of Vernon Municipal Code Chapter 48, and by submission
of this Proposal, agrees to accept all tow requests by the City, including tows of
abandoned or dismantled vehicles and/or tows requiring special equipment as well as
accident or roadway clean up.
Mr. C's has and/or will have, all required business licenses, permits, and insurance for
the type of services performed, and as specified in Vernon Municipal Code Chapter 48.
Our facility is within the 7-mile radius of the Vernon City Hall and consists of a 55,000
sq. foot lot and 12,000 sq. feet of inside storage. The impound lot is fully fenced and
secured, accessible by a solid metal electric gate for security. The property is equipped
with 400 watt gas exterior lighting as well as state of the art color Digital Video Recorder
(interior and exterior coverage). The inside storage includes a separate, secured area
for vehicles retained as evidence and those impounded for CVC 522655.5. The
investigation cage will hold six vehicles.
We have an 8,000-pound capacity forklift on site to assist in moving vehicles around the
warehouse and storage yard without requiring the use of a tow vehicle. The forklift is
equipped with a bear claw attachment that allows it to be used as a tow vehicle,
Page 2
April 16, 2015
contacting only the tires of the vehicle being moved. We also have a stationary vehicle
lift in the warehouse to assist with inspections and investigations.
Mr. C's has fifteen newer tow trucks, with varying features, all with a rating of one ton or
greater, and includes 6 flat bed tow vehicles and one medium duty tow vehicle. Mr. C's
will subcontract with Navarro's Towing and/or Pepe's Tow for any requested towing of
semi-tractors, trailers or large motor homes. All of Mr. C's vehicles are equipped,
operated and maintained in accordance with the provisions of California Vehicle Code
5524605, 25253,25300,27700 and 27907 and are inspected, each year, along with our
facility, by CHP and contracted cities.
Lien sales, including related paperwork and filings, are handled by Clear Choice, a
licensed lien sale company.
The business office, with dispatcher, is open 7 days per week. Our dispatcher is on
duly 24 hours a day and vehicles are available for release from storage, day or night.
A large sign, posted in a clearly visible location at the South Gate office, lists all fees
associated with our business. Our proposed not to exceed rafes are as follows:
. Towing fee
. Storage fee
. Service fee
$175
$55.00 per day
lz ol lhe above towing fee
Service fees, referenced above, include, but are not limited to, the following: dollying,
winching, clean up, after hour release fee, lock service and/or fuel service.
As we have done for other public entities with whom we have been awarded contracts,
we will submit timely payment of monthly franchise fees, based upon the towing and
related services performed at the request of the City, at the rate and time as directed by
the City, together with supporting reports/paperwork.
Our drivers, many of whom are bilingual, are carefully screened to ensure the quality of
personnel necessary to interact with clients and members of the public. They are highly
qualified in towing and recovery. All drivers are CTTA and/or Wreckmaster trained and
certified. A monthly update of company policies is conducted to ensure safety and
consistency in the field. Drivers are required to submit to random drug testing, their
driving record is checked on a regular basis, and have a criminal history check
performed. The drivers' compensation complies with the Living Wage Ordinance
Page 3
April 16,2015
we consider our company a highly qualified tow service company, with nearly three
decades of collective experience, capable of furnishing impound, towing and storage
services, with the necessary trained personnel, and equipment, within the required
specifications and response times, the city is now seeking by this RFP for the
Franchise Tow Fee Program. ln addition to providing the scope of work contemplated
by the Franchise Tow Fee Program, Mr. C's has been involved in communi$ service
charitable functions and events, such as Community Volunteer Programs, Police
Explorer Programs, Police widows and orphans Fund and community lmprovement
efforts to strengthen its community involvement with other local governments, and
would anticipate similar involvement with the City of Vernon if awarded the contract. Mr.
C's has been operating for more than a decade with a record of outstanding, problem
free service to other local cities and police departments in the Los Angeles and looks
forward to being able to do so for the City of Vernon.
We sincerely appreciate your review of our Proposal and thank you in advance for your
consideration.
MR. C'S TOWING OF SOUTH GATE, INC.
By:
Kurtis McElrpy, President
PROPOSAL
QUALIFICATIONS
Mr. C's Towing of south Gate, lnc. (hereinafter "Mr. C',s") is a california corporation,
incorporated ii2OO2. Kurtis McElroy is President and the principal place of business is
located a|4421 Mason St., South Gate, CA 90280; telephone (323) 249-0575'
Perm its/Licenses
Mr. C's maintains the following permits/licenses, all of which are current and in good
standing:
F Motor Carrier Permit (State of California Permit #CA41320)
) Business License (currently holds licenses for 10 cities in the Southeast
area)
A business license for the city of vernon will be obtained if awarded tow contract.
lnsurance
Mr. C's maintains the following insurance policies with the following limits:
) Commercial General Liability $1 million/$4 million umbrella
) On-Hook Liability $250,000) Business Automobile Liability $1 million
) Garage LiabilitY $1 million
) Garagekeepers Liability $500,000! Workers' Compensation ICW Statutory Limits
Professional Qualifi cations
Mr. C's understands the city of Vernon (hereinafter "the city") seeks a tow service
company to provide swift, professional service in the removal of any vehicle, as directed
by the Vernon Police Department, from any city street. lt is further understood the
siope of services required includes furnishing impound, towing and storag€ s-ervices to
the Vernon Police Department and the city as directed by Vernon PD. Mr. C's is fully
capable and qualified to meet all such requirements and scope of services, including
tows of abandoned or dismantled vehicles and/or tows requiring special equipment.
Mr. C's has been operating since 1986, with a record of outstanding, problem free
service to other local cities and police departments in Los Angeles and Orange
counties. Services provided include response to calls in the field, and participating in
DUI check points. lts President, Kurtis McElroy, along with other key personnel, bring
extensive knowledge, background, training and experience to the table, having been in
the tow service business nearly three decades.
1
Mr. C's is capable of towing and storing vehicles impounded by the police for any period
of time, including in excess of 30 days, as well as clean up and disposal of debris at the
scene of an accident at which any vehicle to be towed was involved. The impound lot is
fully fenced and secured, accessible by a solid metal electric gate for security. The
exterior yard has a capacity of at least 300-350 vehicles. The property is equipped with
400 watt gas exterior lighting as well as state of the art color Digital Video Recorder
(interior and exterior coverage). The inside storage can hold approximately 50-65
vehicles, depending on size, in addition to which there is a separate, secured area for
vehicles retained as evidence and those impounded for CVC 522655.5. The
investigation cage will hold six vehicles.
Photos of the property are provided as part of Appendix "A".
Lien sales, including related paperwork and filings, are handled by a licensed lien sale
company, Clear Choice, with lien sales held every Wednesday
References
Mr. C's list of clients has grown over the years because of the attention to detail and to
the needs and requirements of law enforcement agencies and includes the following for
both locations:
AGENCY LOCATION SERVING SINCE
City of Bell Police Dept Bell
(323\ 585-1245
2014 - Present
California Highway Patrol Westminster
(714) 8924426
1987 - Present
California Highway Patrol
(Evidence Contract)
Westminster
(714\ 892-4426
1995 - Present
California Highway Patrol East Los Angeles
(562) 868-0503
2003 - Present
La Palma Police Dept.La Palma
(714\ 52234552
199'1 - Present
Los Alamitos Police Dept.Los Alamitos
(562) 431-2255
1987 - Present
Los Angeles Sheriffs
Dept.
Hawaiian Gardens
(562) 866-9061
1997 - Present
Orange Co. Auto Theft
Task Force
Where needed
(714) 634-1385
1994 - Present
Seal Beach Police Dept.Seal Beach
(562) 431-2541
1992 - Present
Signal Hill Police Dept.Signal Hill
(562) 989-7200
1994 - Present
South Gate Police Dept.South Gate
(323)563-5400
Dec20O2- Present
)
Operations Qualifi cations
The General Manager, Jerry Brown, has been with Mr. C's since incorporation and his
retirement, after more than 30 years, in California law enforcement. As such, he has an
intimate understanding of the needs and operations of a police department relative to
the services required from a tow service. Mr. Brown is also highly involved in local city
activities, including Chamber of Commerce in South Gate and Rotary Club of South
Gate. He leads the Company in involvement in many City and Police Department
activities for many of the cities in the surrounding Southeast area.
Performance Qualifi cations
Dispatch Process
ln order to provide the required services, a dispatch operator is on duty 24 hours a day,
365 days a year. Mr. C's employs six dispatchers. The dispatching system is geared for
prompt dispatching of calls, with corresponding prompt response. An analysis of Mr.
C's records reveals an average arrival time in response to calls in the field is less than
10 minutes, exceeding the requirements of Sec. 48.11 of the Vernon Municipal Code,
which provides for average response time not to exceed 20 minutes, and a maximum
not to exceed time of 30 minutes.
All tow trucks and base station are equipped with two-way radios on the 400 band. All
calls are recorded in a carbon-copied call back book, by date and number, for a
permanent record. The record includes the type of call, date, time, and location, and
year, make and model of the vehicle. All such records are maintained in accordance
with the business retention practice of at least three years.
Office
The office is open during business hours (0700 to 1800 hours, Monday through Friday)
and vehicles are available for release from impound and storage 24 hours a day.
Alternate hours, as directed by the City, will also be available by Mr. C's, in order to
accommodate special City events. A designated area in the office is provided
exclusively for use by law enforcement personnel, with access to a phone, facsimile,
copier, computer and all necessary office supplies.
Drivers
Mr. C's currently employs a total of 25 drivers- All drivers, many of whom are bilingual,
are carefully screened to ensure the quality of personnel necessary to interact with
clients and members of the public. They are highly qualified in towing and recovery. All
drivers are CTTA and/or Wreckmaster trained and certified. Each driver wears a Mr.
C's uniform, complete with nametag that is clearly visible. They are required to be neat
and clean, with hair, mustaches and beards neatly trimmed. Each driver carries a
3
change of uniform to ensure proper appearance and cleanliness. Color identification
cards for all employees will be provided should the contract being awarded to Mr. C's.
A monthly update of company policies is conducted to ensure safety and consistency in
the field. Drivers are required to submit to random drug testing, their driving record is
checked on a regular basis through a service with whom Mr. C's has a contract, and
each driver has a criminal history check performed. Mr. C's employee compensation
complies with the Living Wage Ordinance for qualifying employees.
Attached at Appendix "B" is primary d river/person nel information, for exclusive use,
not for public disclosure, for review and consideration by the City of this Proposal.
Equipment Qualifications
All tow vehicles and equipment of Mr. C's comply with all state and applicable federal
requirements, where applicable. Mr. C's will subcontract with Navarro's Towing and/or
Pepe's Tow for any requested towing of semi-tractors, trailers or large motor homes.
Vehicles available to perform tow services to the City meet all requirements of Sec.
48.9C of the Vernon Municipal Code, properly identified by business name and Unit
Number, and include the following:
) Flatbed carrier: 2014 Hino Model 260 (Unit 106)
2014 Hino Model 260 (Unit 107)
2013 Hino Model 260 (Unit 108)
2014 Hino Model 260 (Unit 109)
2014 Hino Model 260 (Unit 5)
2014 Hino Model 260 (Unit 110)
) Class A Tow: 2014 Ford F450 (Unit 902)
2014 Ford F450 (Unit 903)
2014 Ford F550 (Unit 1)
2012 Ford F450 (Unit 2)
2012 Ford F450 (Unil a)
2009 Dodge Ram 5500 (Unit 102)
2007 Ford F450 (Unit 103)
2000 GM Siena 3500 (Unit 3)) Class B Tow: 2008 Kenworth T280 (Unit 105)
We have an 8,000-pound capacity forklift on site to assist in moving vehicles around the
warehouse and storage yard without requiring the use of a tow vehicle. The forklift is
equipped with a bear claw attachment that allows it to be used as a tow vehicle,
contacting only the tires of the vehicle being moved. We also have a stationary vehicle
lift to assist with inspections and investigations located in the warehouse.
Attached as part of Appendix "C" are photos of the vehicles.
4
FRANCHISE FEES AND COSTS
Our proposed rates not to exceed are as follows:
. Towing fee
. Storage fee
. Service fee
$ 175
$55.00 per day
/. of lhe above towing fee
Service fees, referenced above, include, but are not limited to, the following: dollying,
winching, clean up, after hour release fee, lock service and/or fuel service.
A large sign, posted in a clearly visible location at the South Gate office, lists all fees
associated with our business. Mr. C's accepts the option of payment by MasterCard
and Visa.
As we have done for other public entities with whom we have been awarded contracts,
Mr. C's will submit timely payment of monthly franchise fees, calculated based upon the
towing and related services performed at the request of the City, at the rate and time
directed by the City, together with supporting report in a spreadsheet format. The report
is prepared from the invoices and logbook information prepared concurrent with the call
for service and maintained by Mr. C's in accordance with its retention practice for a
minimum of three years. Books and records are made available by Mr. C's for
inspection by the City.
COND]TIONS FOR RESPONSES TO RFP
Mr. C's understands and accepts the conditions that apply to the RFP set forth in
Section 8 of the RFP, requesting that Appendix "8" of driver personal information, be
excluded from becoming a matter of public record, for privacy reasons.
Respectfu lly submitted,
MR. C'S OF SOUTH GATE, INC.
7<^ )
/
KURTIS MC€LROY
President
5
APPENDIX "A" . PROPERTY
Mr. C's Towing of South Gate, lnc.
South Gate Facilities
Located at:
4421 Mason St., South Gate, CA 90280
(323) 249-0575
Manager's Office lnside Lobby
Main Otfice showing both Pick-Up Windows Main Video Survelliance station, separate
station for Secure Areas not shown
lntside Pick-Up Window Customer Waiting Room
il?'
Main Gate to Storage facilities Entrance to Main Outside Storage Yard
Main Outside Storage Yard View into Main lnside Storage Facility
Secure Police Storage Area Secure Police Storage and lnspection Lift
APPENDIX "8" . PERSONNEL
Pursuant to California Government Code § 6254(c), personal information is non-
disclosable; therefore, the next 12 pages are hereby withheld.
APPENDIX "C" . VEHICLES
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AFFIDAVIT OF NON.COLLUSION
AFFIDAVIT OF NON-COLLUSION BY CONTMCTOR
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Kurtis McElroy, being first duly sworn deposes and says that he is the President of Mr. C's Towing
ofSouth Gate, Inc., who submits herewjth to the City ofVernon a bid/proposal:
That all statemens of fact in such bid/proposal are true;
That such bid/proposal is genuine and not collusive or sham;
That said bidder has no! directly or indirectly by agreement, communication or conference
with anyone attempted to induce action preiudicial to the interest of the city of Vernon, or
of any other bidder or anyone else interested in the proposed contrac! and further
That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham
bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or a8ree with anyone else
that said bidder or anyone else would submit a false or sham bid/proposal, or that
anyone should refrain flom bidding or withdraw his/her bid/proposal;
c. Did not, in any manner, directly or indirectly seek by agreement communication or
conference with anyone to raise or fix the bid/proposal price of said bidder or of
anyone else, or to raise or fix any overhead, profit or cost element of his/her
bid/proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown
thereol or the contents thereof, or divulge information or data relative thereto, to
any corporation, partnership, company, association, orBanization, bid depository, or
to any member or agent thereof or to any individual or group of individuals, except
the City of Vernon, or to any person or persons who have a partnership or other
financial interest with said bidder in his/her business.
I certifo under penalty of periury that the above information is correct.
)
)ss
)
Date:/-i5'-rf
Title: President
EXHIBIT C
B
EXHIBIT C
THE EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES 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 maintain 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 to, 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 elitent 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.
D
E.
-16-
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livinq Waoes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Davs Off:
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.
-17-
REGEI ED
JUL 14 2015
CITY CLERKS OFTICE STAFF REPORT
CITY ADM!NISTRATION
DATE:
TO:
FROM:
RE:
July 21,2015
Honorable City Council
Mark C. Whitworth, City X^nlrt **QN
Discussion of Proposed Eliminetion of Priority for First Responders in
Leasing City-Owned Housing
Recommendations
A. Hold a discussion regarding the joint recommendation made by the Housing Commission
and City staffto eliminate the priority for first responders in leasing City-owned housing.
B. If the City Council concurs with the aforementioned recommendation, direct staff to
prep.re an ordinaace to amend Section 2.125(b) of the Vemon Municipal Code to
remove the first responder leasing priority, effective at 5:01 p.m. on December 8, 2015.
Background
At the July 7,2015 City Council meeting, City staff presented the first reading of Ordinance No.
1230. At that time, the proposed ordinance included the following recommended revisions
related to the Vemon Housing Commission:
1. Amend Section 2.125(b) of the Vemon Municipal Code to remove the flrst responder
leasiag priority, effective at 5:01 p.m. on December 8,2015.
2. Amend Section 2.123(a) of the Vemon Municipal Code to establish Cornmission
Member terms to run from July I through June 30, effective July l, 2019 for fow of the
seven seats, and effective July 1,2021 for the three remaining seats.
3. Include uncodified sections to establish the aforementioned upcoming terms in order to
fully effectuate the July I through June 30 terms.
Upon consideration and deliberation ofthe proposed ordinance, the City Council voted to amend
the ordinance to include only the revisions outlined in numbers 2 and 3 above, and approved the
frst reading of Ordinance No. 1230, as amended. As such, Ordinance No. 1230, as amended, is
being presented for adoption in a separate staff report.
The City Council voted to defer item l, relating to the proposed removal of the first responder
leasing priority, to the next meeting for further discussion. Additional information was also
requested in relation to the upcoming discussion. This matter is addressed below.
Removal of First Responder Leasins Priority
Section 2.125(b) of the Vernon Municipal Code ("Code") requires the Housing Commission to
provide first responders, as defmed by the Commission with some minimum requirements
imposed by the City, a fust priority in leasing uni15 rrnless or until four (4) or more units are
concurrently occupied by first responders.
As required by the Code, first responders are defined as:
"City firefighters, police offrcers, emergency medical technicians, and similar positions held
by employees of businesses located il Vemon."
As further required by the Code, and in order to clarifu the last category of the aforementioned,
the Commission established the following definition of a "business first responder":
"A business first responder is someone who is employed by a business located in the City of
Vernon, regularly works 30 hours or more per week at a location in the City of Vemon, and
holds either a current Emergency Medical Technician (EMT) certificate or a Community
Emergency Response Training ("CERT) certificate recognized by the City of Vemon."
As many of you may recall, the establishment of the Housing Commission in July 201 I was one
of the earliest and most critical objectives among a sweephg series of good govemance reforms
enacted by the City in response to efforts by members of the state legislature to disincorporate
the City. At the time the Commission was established and the frst responder leasing priority
was imposed by the City Council, there was much discussion and debate among the
Commission, key stakeholders, and interested parties as to the importaace and value of such a
priority and the particular rules and limitations that should apply to such a priority if it were to
exist. Pros and cons, such as the added safety provided to people and property versus the
potential perception of favoritism and possible disproportionate representation that could result,
were fleshed out by the Commission and the City Council. In light of the historic transition in
which the City had entered and after caref,rl consideration of all factors, the Council established
the first responder priority and Iimit as outlined above.
Now, nearly four years after the Commission's widely successfi.rl overhaul of the City's housing
policies and procedures, the question of the continued importance and value of the first
responder leasing priority compared against some of the practical challenges and negative
perceptions it brings about has come up. As suctl City staff presented the matter to the Housing
Commission for discussion at its June 10, 2015 meeting. The discussion included the following
additional questions/discussion points that would need to be addressed if the first responder
leasing priority were to continue, along with City staffs thoughts and recommendations:
1. How should on-going first responder status be verified?
2 . What should happen if there is a change in first responder status during tenancy?
3. Should there be any specific occupancy requirements for first responders?
Staff recommended that, if the Commission were to recommend the discontinuation of the first
responder leasing priority, consideration be given to the timing of such a change so as not to
unfairly impact any self-identified first responders who have submitted Expression of lnterest
Forms under the current priority for the lottery drawings to be held this calendar year. As such,
staff recommends the discontinuation of the first responder leasing priority take effect at 5:01
p.m. on December 8, 2015, immediately following the deadline for interested parties to submit
Expression of Interest Forms for the December 9, 2015 lottery drawing.
The Housing Commission is prepared to take up the discussion of what, if anyhing, should be
addressed in relation to the three existing tenants who obtained their units as a result of the first
responder leasing priority, and make recommendations to the City Council accordingly.
First Resoonden Resi ark
During the deliberation at the July 7 ,2015 meeting, the Council asked City staff to find out how
many first responders, as defined by the City Council and the Housing Commission, are
currently living at Vemon Village Park, the new, privately-owned and operated, 45-unit
apartment complex at the southeast comer of the City.
Sta.ff has been advised by the developer of tle project, Meta Housing Corporation ("Meta'), that
all 45 units are now occupied (including the on-site manager's unit), and that none of the units
are occupied by fust responders.
On a somewhat related note, Meta has also advised that eleven tenants work at a business located
within the City of Vemon, and three tenants previously lived within a one-mile radius of the site.
First Responders Residine in Citv-Owned Housine
Currently, there are three fust responders residing in City-owned housing units (two City
Firefighters and one City Police Offrcer) that obtained their units through the Ieasing priority.
However, one of the Firefighter tenants has notifred the City ofhis intent to vacate his unit on
August 31, 2015.
Pursuant to Section 2.125(b) of the Vemon Municipal Code, the first responder leasing priority is
provided until four or more units are concurrently occupied by first responders.
There are 25 interested parties on the current wait list, and 7 ofthose have indicated they are fnst
responders.
Fiscal Imoact
There are no known or anticipated costs associated with the discussion and recommendations
outlined in this staff report.
Attachment(s)
None.
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