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2015-09-01 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the 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, September 1, 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. The Police Department will conduct a badge presentation ceremony to recognize the five newly selected Police Corporals. 2. Outstanding Athletic Achievement Recognition Award presented to Firefighter Douglas Barker. 3. Presentation by John Van de Kamp of his July 31, 2015 Independent Reform Monitor Report. 4. American Public Power Association (APPA) Mutual Aid Agreement. Regular City Council Meeting Agenda September 1, 2015 Page 2 of 7 5. Presentation on Vernon’s Various Governing Bodies. Recommendation A. Receive informational presentation on the City’s various governing bodies. 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 6. None Warrant Registers 7. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1428 to record voided Check No. 348144 in the amount of $2,504.96; and B. City Warrant Register No. 1424 to record voided Check No. 347490 in the amount of $264.00; and C. City Warrant Register No. 1421 to record voided Check No. 347049 in the amount of $200.00; and D. City Warrant Register No. 1429 to record voided Check No. 348209 in the amount of $100.00; and E. City Warrant Register No. 1430 to record voided Check No. 348299 in the amount of $16.65. 8. Approval of City Warrant Register No. 1431, totaling $1,442,517.47, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,016,808.01; and B. Ratification of the issuance of early checks totaling $224,543.24; and C. Authorization to issue pending checks totaling $201,166.22. 9. Approval of Light & Power Warrant Register No. 396, totaling $1,504,548.76, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,408,342.40; and B. Ratification of the issuance of early checks totaling $68,072.31; and Regular City Council Meeting Agenda September 1, 2015 Page 3 of 7 C. Authorization to issue pending checks totaling $28,134.05. 10. Approval of Gas Warrant Register No. 184, totaling $15,832.14, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,858.93; and B. Ratification of the issuance of early checks totaling $382.03; and C. Authorization to issue pending checks totaling $13,591.18. Fire Department 11. Activity Report for the period of August 1 through August 15, 2015, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of August 1, through August 15, 2015, to be received and filed. Public Works, Water and Development Services Department 13. July 2015 Monthly Building Department Report, to be received and filed. NEW BUSINESS City Administration Department 14. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a services agreement by and between the City of Vernon and Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of three residential properties owned by the City. Recommendation: (Items A-C) A. Find that the approval and award of a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of residential property owned by the City 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 Regular City Council Meeting Agenda September 1, 2015 Page 4 of 7 B. Adopt a resolution approving and awarding a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City’s real estate agent for the sale of the following residential properties owned by the City of Vernon:  6036 Stafford Avenue, Huntington Park, CA 90255  6042 Stafford Avenue, Huntington Park, CA 90255  6044 Stafford Avenue, Huntington Park, CA 90255 C. Authorize the City Administrator to execute the Services Agreement and any and all other documents necessary to facilitate the sale of the three aforementioned residential properties. All terms and conditions of each sale will be subject to final approval by the City Council Fire Department 15. Donation and Release Agreement between the City of Vernon and California Fire Museum and Safety Learning Center. Recommendation: A. Find that approval of the revised donation and release agreement 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 the Donation and Release Agreement between the City of Vernon and the California Fire Museum and Safety Learning Center for the donation of a surplus 1964 Crown Fire Coach 2000 GPM Pumper and rescind all donation and release agreements in conflict therewith. Gas and Electric Department 16. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a utility agreement no. 7UA-13129 by and between the City of Vernon and the State of California, acting by and through the Department of Transportation, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Recommendation: A. Find that the approval of Utility Agreement No. 7UA-13129 with the Department of Transportation is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines §15301(b), because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City’s electric utility; and B. Approve the resolution to thereby permit the execution of a Utility Agreement No. 7UA-13129 with the Department of Transportation (DOT), in substantially the same form submitted with the staff report, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Regular City Council Meeting Agenda September 1, 2015 Page 5 of 7 Human Resources Department 17. Approval of a Professional Services Agreement By and Between the City Of Vernon and Bob Murray & Associates to Conduct A Recruitment For The Position Of City Administrator For The City of Vernon. Recommendation: A. Find that approval of the professional services agreement by and between the City of Vernon and Bob Murray & Associates 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. Approve and authorize the City Administrator to execute the professional services agreement on behalf of the City of Vernon with Bob Murray & Associates to conduct a recruitment for the position of City Administrator for the City of Vernon. 18. A Resolution of the City Council of the City of Vernon adopting an amended and restated citywide fringe benefits and salary resolution in accordance with government code section 20636(b)(1) and repealing all resolutions in conflict therewith. Recommendation: (Items A-B.5) A. Find that approval of the proposed resolution 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 resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective September 1, 2015, to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan, as follows: a. Revise or add the following job classifications with the corresponding salary ranges:  Add Senior Electrical Test Technician Job Code 8053 (I31 - $7,962 - $9,677 – IBEW Group)  Title change and update job description of Substation Test Technician Job Code 8055 to Electrical Test Technician Regular City Council Meeting Agenda September 1, 2015 Page 6 of 7 b. Correct hourly salary of Assistant Fire Marshal to $41.6596 - $50.6423 per hour for forty (40) hour work schedule. 2) Reclassify one (1) incumbent in the Substation Test Technician position to Senior Electrical Test Technician, and place at Grade I31, Step 3 at $8,778 per month. 3) Retitle one (1) incumbent in the Substation Test Technician position to Electrical Test Technician. 4) Amend Section 7, Sick Leave, to exclude retired annuitants from part-time sick leave accruals. 5) Amend Section 18, Retiree Medical – Non-Safety Employees – to read non-payment of two (2) consecutive months shall automatically terminate and cease the City’s obligation to make further payments under the retiree medical benefits program. ORDINANCES 19. Approval of the following ordinances Granting U.S. Tow, Inc. and HP Automotive & Tow 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. 1233 - An Ordinance of the City Council of the City of Vernon granting to HP Automotive & Tow Inc., a franchise towing services agreement. Recommendation: A. Find that approval of a services agreement with US Tow Inc. and HP Automotive & Tow Inc., 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 HP Automotive & Tow 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 September 1, 2015 Page 7 of 7 ORAL REPORTS 20. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 21. City Council Reports – brief report on activities, announcements, or directives to staff. CLOSED SESSION 22. PUBLIC EMPLOYMENT Government Code Section 54957 (b)(1) Title: City Administrator 23. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 Claimant: Michael McCormick The City has received a claim for damages pursuant to the Government Claims Act. The claim is available for public inspection. 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 27th day of August 2015. By: ________________________________ Maria E. Ayala City Clerk AUG 2 6 2C15 CIIYCLERK'S (jFIICE FROM: RE: RECEIVED AUG 2 6 20t5 CITY ADMIiiISTRATION Recommendation The Police Department to conduct a badge presentation ceremony to recognize the five newly selected Police Corporals. Background As part of the Police Departrnent succession planning, the Police Corporal Program is intended to develop staff and provide the necessary skills to act as an assistant supervisor or lead in the absence of a Police Sergeant or higher-ranking police personnel. The program will provide necessary training to develop intemal staff and increases the availability of experienced and capable employees that are prepared to undertake supervisory roles as they become available in the near future. Fiscal Imoact None Attachment(s) None STAFF REPORT Honorable Mayor and City Council Daniel Calleros, Police Chief fru Police Corporal Badge Presentation VERNON POLICE DEPARTMENT Page 1 of I RECEIVED AUG 2 4 2015 CITY CLERKS OFFICE DATE: TO: FROM: RE: AUO t0 /ED 2015 STAFF REPORT FIRE DEPARTMENT September 1, 2015 Honorable Mayor and City Council Michael A. Wilson, Fire Chief lfu Originator: Adriana Ramos, Administrative Secretary Outstanding Athletic Achievement Recognition Award Presentation Recommendation Fire Chiei Michael A. Wilson, to present Firefighter, Douglas Barker with an Outstanding Athletic Achievement Recognition award. Background Over the last 15 years, Firefighter Barker has represented the City of Vernon numerous times at both the United States Police and Fire Championships and the World Police and Fire Games. During that period, Firefighter Barker has won forty gold medals, six silver medals, and three bronze medals in various swimming events. The Califomia Police Athletic Federation, a non-prof,rt organization established in 1970, is the goveming body for the United States Police and Fire Championships and the World Police and Fire Games. Their mission is to promote sport and physical fitness among personnel representing law enforcement, fire, corrections, probation, border protection, immigration and customs. The Fire Departrnent commends Firefighter Barker for his outstanding athletic achievements and commitment of time in representing the City of Vemon and the department. Fiscal Imnact None. Attachment(s) None. Page 1 of 1 REGEIVED AUS 2 7 20i5 STAFF REPORT CITY AD TIljN CITY CLERK DEPARTMENT DATE: TO: FROM: RE: September 1, 2015 Honorable Mayor and City Council Maria E. Ayala, City Cle Presentation on Vernon's Various Governing Bodies Recommendation A. Receive informational presentation on the City's various goveming bodies. Backqround The City Council had previously made a request for information on the City's various governing bodies. An overview of each of the entities such as: when they were established; what the original purpose was; and is there still a benefit in keeping these bodies active. The presentation will provide a general overview of each of the active bodies. Council, upon receiving more information, may determine that certain bodies are no longer active and may direct staffto proceed with steps to dissolve. Fiscal Imnact There is no fiscal impact Attachment(s) None. Page I of I ! 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CA90058 (323)583-8811 EAST WEST BANK 2O9O HUMTINGTON OR , 2iD FLOOR sqN MAR[.|O, CA 01103 PAY Two Thousand Five Hundred Four Dollars and Ninety Six Cents TO THE ORDER OF LA GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JPA 16401 PARAMOUNT BOULEVARD PARAMOUNT, CA 90723 005421 !07t21t2015 rFo :I l.B I l. l. . r: ,l 2 20 ?o l8 lr: 80 ;l s 2 ?B lrF ACCOUNTS PAYABLE CHECK NO. 347490 CITY OF VERNON oATE I PO NL,|'ISER 042715 050415 U D tt)c 04t2712015 05to412015 i EXPENSE REIMBURSEMENT EDUCATION ASS ISTANCE PROGRAM h)tq2+ /rs5ln SlrBIts c.00 0.00 194.00 70.00 264.00 PLEASE DETACH EEFORE DEPOSITING City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 (323) s83-8811 pAy Two Hundred Sixty Four Dollars and No Cents [:ASI WESI EANK 2O9O HUNTII.IGTON DR , 2NO AOOR s N MARTNO. C^ 91101 IO THE ORDER OF P6RON CASS 4323 FURLONG PLACE VERNON, CA 90058 CGF\ CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 347049 031715 llout d^ o3t17t2015 ecV-t t 1db/ EXPENSE REII,4BURSEMENT {DR1+ HA Li lr lrr 3 I rB ls tfr',r- 000 200.00 StOO p Ul rvv<,r* on C.W-t-tL- b\S lrs- 11,tv\.-200 00 PLEASE OETACH BEFORE DEPOSITING City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 (323) s83-8811 pAy Two Hundred Dollars and No Cents E'.ST I/I/EST 8eNK 20€' HUNIINGTON DR 2ND FLOOR TO THE ORDER OF AARON CASS 4323 FURLONG PLACE VERNON, CA 90058 CITY OF VERNON ACCOUNTS PAYABLE CHECK NO 021815 ilni o2t18t2015 wulc i BUSINESS & INDUSTRIAL COMN4ISSION MTI tlr)a',+ gl'+ [+>q ls {hut E lrr /rr 0.00 RECE JUL 2 CITY CLERI 100 00 (SOffICE riolo rh a^xb 7/tB lt< -+tr,,t -100.00 PLEASE OETACH BEFORE DEPOSITING One Hundred Dollars and No Cents TO THE ORDER OF ERIC R. 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EorE=gj -u t'o d,iIgH SHFELeiio;<uJ'rdaDt = N @- o)L) ooc.i .i@@ cD otco cdra) ro@- ao- F-o UJFz d. o. UJ t09o;iF-, at--4 Jt{ g k:o.:esE5 I .i 6- OJPS2on'a6 UJ-(, >JJ<(rF<oUJF Yo UJ-o J f,oF lr.t e.; t =-ci -<2zEgEE6rt=Hju;rz'l/,nif;gH 3H-ilFr,92icr;<ulvtqtt = ozfII dl o- o uJt q EIVED AUG 2 5 2015 CITY ADMIiiISTRATIONRECEIVED AUG 2 6 2015 CITY CLERK'S OFFICE FIRE DEPARTMENT Michael A. Wilson, Fire Chief 4305 Santa Fe Avenue, Vemon, California 90058 Telephone (323) 583-8811 Fax (323) 82G7407 August 25, 2015 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the Vemon Fire Department Activity Report which covers the period of August 1,2015 through August 15, 2015. Respectfu lly Submitted, *21/+d Michael A. Wilson Fire Chief MAW:ar : Fireletnow lE4cfusfue$ Inltutriaf VERNON FIRE DEPARTMENT COMPA}IY ACTIVITIES August 1,2015 to August 15,2015 This Period Last Year Last Year To Date 1272 453 1721 174t 1723 56 434 7400 1125 t206 233t This Period 49 t6 1 66 77 0 0 This Year To Date 1523 495 2045 1902 1978 26 334 8303 1365 1211 2576 26 l0 36 ACTTVITY TYPE FIRX PREVENTION: Regular Inspections (#) : Re-lnspections (#): Spec. Haz. Inspections (#): Total Inspections: Total Man Hours: TRAINING (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE-INCIDENT fiOURS): Planning District Familiarization Total Hours: PERTOpTC TEST (HOURS): Hose Testing Pump Testing 1057 223 21 1301 1805 8s3 138 30 96 43 t2t 124 122 0 23 529 90 42 t26 128 t24 0 29 539 60 7 0 67 76 8',7 89 176 1021 1234 8 J 68 82 150 0 0 Total Hours: Page I 11 , PUBLIC SERVICE PROGRAMS HOT]RS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE (HOURS): Station Apparatus Equipment Total Hows: Grand Total Hours: :Fireactivitv 16399 tt23 18670 I 0 6 7 tl14 t3 6 153 172 t704 t777 t770 5251 0 0 J J t25 r20 l19 364 33 18 t73 224 125 128 123 376 1860 1897 1969 5726 Page 2 \ o o Rl pilR lft oN vlPCoE uc roPoF iul-octoc, iPcoE uc tho oct F Fz ItI =Ftr ( 0.I{o I{tr -It zoz trI{ o oI ElI u) oN oI E,I F F F a! 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FFz,ttJeu = lncident Type 141 Forest, woods or wildland fire 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 741 Sprinkler activation, no fire - unintentional 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 700 False alarm or false call, other 311 Medical assist, assist EMS crew 6'11 Dispatched & canceled en route 112 Fires in structures other than in a building 324 Motor vehicle accident with no injuries 322 Motor vehicle accldent with injuries 460 Accident, potential accident, other 520 Water problem, other 321 EMS call, excluding vehicle accident with inju 150 Outside rubbish fire, other 323 Motor vehicle/pedestrian accident (MV Ped) 745 Alarm system activation,no fire,unintentional 700 False alarm or false call, other 900 Special type of incident, other 311 Medical assist, assist EMS crew 311 Medical assist, assist EMS crew 611 Dispatched & canceled en route 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 322 Motor vehicle accident with injuries 700 False alarm or false call, other 900 Special type of incident, other 321 EMS call, excluding vehicle accident with inju 740 Unintentional transmission of alarm, other 300 Rescue, EMS incident, other 520 Water problem, other 311 Medical assist, assist EMS crew 130 Mobile property (vehicle) fire, other 700 False alarm or false call, other 700 False alarm or false call, other 322 Motor vehicle accident with injuries 731 Sprinkler activation due to malfunction 311 Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other lncident Date 0810112015 00:53:55 0810112015 02:24:19 OBIO112015 12:27:53 OBlO2l2015 10.39:26 OBlO2l2015 12:15:27 0810212015 16:00:02 08/02/2015 18:58:38 0810312015 13:19:47 0810312015 13.37:46 08/03/2015 15:08:36 0810312015 17:00:04 0810312015 17:M:05 0810312015 19:43:52 0810412015 14:09:21 0810412015 16:17:45 0810412015 22:25:11 0810412015 23:27:49 OAlO5l2O15 14:34.23 OAlO5l2015 16:02.54 08/05/2015 17:04:00 08/06/2015 13:32:40 08/06/2015 16:29:03 0810612015 17:36:22 0810612015 18:41:14 0810712015 02:33:49 Ogl07l2O15 05:34:32 Ogl07l2O15 09:49:13 O8lO7l2O15 10:2Q:06 0810712015 13:19:46 O8lO7 /2015 14:OO:01 0810712015 14:08:23 OB|O712015 14:23.07 0810712015 15:14:40 0810712015 20:30:07 08/08/2015 03:56:24 08/08/2015 04:38:10 08/08/201510:55:59 08/09/2015 04:10:54 08/09/2015 06:36:20 0811012015 02:18:03 0811012015 04.27:06 0811012015 07:49:33 08/10/2015 08:14:13 0811012015 08:24:21 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 741 Sprinkler activation, no fire - unintentional 700 False alarm or false call, other 322 Motor vehicle accident with injuries 300 Rescue, EMS incident, other 445 Arcing, shorted electrical equipment 700 False alarm or false call, other 61 1 Dispatched & canceled en route 700 False alarm or false call, other 700 False alarm or false call, other 743 Smoke detector activation, no fire - unintenti 740 Unintentional transmission of alarm, other 321 EMS call, excluding vehicle accident with inju 324 Motor vehicle accident with no injuries 322 Motor vehicle accident with injuries 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 700 False alarm or false call, other 321 EMS call, excluding vehicle accident with inju 321 EMS call, excluding vehicle accident with inju 422 Chemical spill or leak 324 Motor vehicle accident with no injuries 321 EMS call, excluding vehicle accident with inju 324 Motor vehicle accident with no injuries 311 Medical assist, assist EMS crew OBl1Ol2O15 08.25:29 0811012015 11.47:20 08t10t2015 15.58.22 0811112015 01:45:55 0811112015 10:12:13 0811112015 22:33:09 Ogl11l2O15 23:50:23 0811212015 03:12:00 OAl12l2O15 13:59:42 0811212015 15:01:39 0811212015 20:31:42 0811312015 12:19:42 0811312015 12:57:57 0811312015 14:29:42 08/13/2015 16:26:30 OOl13l2O15 17:25:59 0811312015 19:09:24 OAl13l2O15 20:42:14 0811312015 21 .24:40 0811412015 00:35:47 0811412015 05:25:29 0811412015 09:16:06 OAl14l2O15 09:39:40 0811412015 12:17:31 0811412015 14.15:33 0811512015 12:22:35 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 o o ht :uF $ oN o,iPco! 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E t! l! t! t! ta r.,i lr., rn r/i l,t ur J :Lu.: cgH* Eg EgEEgE EEEEEE EEg I I EEIig EJ LJ LI ll, EI tat l{ trl lrJ lrt lr,, lrJtrJtr,u_!_I,l-t!l!l!t!t!LEEEt!Et!u. lrJA tr zl!o Uz . <t,tEi HE$l\l--! rrr- ll iJ lrl lr, Ll cl F A l, Fo-t^l Alrl lrlE ll| lrf ib g; EEsE E E EEEEE==sEEEE*EEaFF< lr,r rrl Er !J qJ Et trt t t trt trl trl u.r l.rt u.t tr| t t td trl trl t l trt rr, Br .ra L, o o NI\Olol grrbN rft oN .A.Jco!, UE .Eil.toF iPl-oo.od Pcot, us Itso o CL F FzI{ - Ftr ( 0.I{o I{trll IL zoztrI{ lo I g, !O oN F ..6!! =>6:a2 t!a (Jz lrl4 EFz lr.le(Jz rr-rN E - (\ 1rr.-r s Fr N t N ol - s € $.u - * 9 - rnr' - - - - - 3 - e - - I -..r,., E- S - R B - - - nr E -.n - R P - - - - 5 c.r N-.o s F i{ F - Fo.o II"n - - - F Fro F F4r -d- -fr(' (' EiEEE ggu,*u E EEEEE' i [,i*E * E U- r. t- tr- lr E lL E l! lI. lr l! lr- l,L lr. l!l!l!l'lulr'l,vrt/l=' t s! b E Beg gEEEEEEEE E EE EEEEE gEiEE r.r r.r r^r ur uJ ul l! lrl lrJ l! l! l! lrl lrJ lrl l! lL lL lr l! E E E l! E l! l! l! io uE6-!, o.trl !, lN !, ur o E 5 lrl !lrJ ao IJ tl lrJ Ega E :E ;: s E g E r * E E i E ;EE*srrggg*g o o lrl4 FFzltil B RIs 2rF f oN oPCo!, us o iuoF *,l-o CLo G, +,coE' UE lFo o CL F FzI{ EFtr ( LI{o I{trIIIt zoz trI{ u, oto {FoN gEc-oFiF z.lrlI(, = lrJa E z lr,te(, = 0rn0R h,-'i | 7 : CITY ADMINISTRATI(]N REGEI\fED AuG 1 8 2015 POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vemon, Califomia 90058 Telephone (323) 587-5171 Fax (323) 82c14ti1 CNCLERKSOIIICE August 17,2015 Honorable City Council City of Vernon Vernon, California Honorable Members: Auached 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., August l, 2015 up to and including midnight of August 15, 2015. Respectfu lly submitted, VERNON POLICE DEPARTMENT 0*;I e/4*- DAIIIEL CALLEROS CHIEF OF POLICE DClar trachsivety Infustriat VERNON POLICE DEPARTMENT D ep artment Activity Rep ort Jurisdiction: vERNoN First Date: o8ro1/201s Lasl Date: 08/15/2015 Depa menl Complaint Type Description All Units Primary Unit \?D 10€ 't 0-96M 20002 20002R 211 2't 1S 242 242R 245 273.5R 415 459A 459VR 484R 503R 586 594 594R 602 90'l 90'tT 9027 9O2TR 909E 9097 911 9114 917A 92OPR 4459 4487 ABl09 ASTVFD BARCK BOSIG BOVEH CITCK CIVIL CODE5 coP DET DETAIL DPTAST DUI FILING FOUND FU oFFtcER ts 't04 c7,961 .952,10-10. WASH. EQUtPt\ ,10-96 MARY (MAIL DETAIL) NON.INJURY HIT AND RUN NON.INJURY HITAND RUN REPORT ROBBERY SILENT ROBBERY ALARM BATTERY BATTERY REPORT ASSAULT WITH A DEAOLY WEAPON DOMESTIC VIOLENCE REPORT DISTURBING THE PEACE AUDIBLE BURGLARY ALARM BURGLARY TO A VEHICLE REPORT PETTY THEFT REPORT EMBEZZLEMENT REPORT PARKING PROBLEM VANDALISM VANDALISM REPORT TRESPASS UNKNOWN INJURY TMFFIC COLLISION INJURY TRAFFIC COLLISION NON-INJURY TBAFFIC COLLISION NON-INJURY TRAFFIC COLLISION REPORT TRAFFIC ENFORCEMENT TRAFFIC HAZARD 9,I1 MISUSE / HANGUP CONTACT THE REPORTING PARTY ABANDONED VEHICLE LOST PROPERTY REPORT SUSPICIOUS CIRCUMSTANCES ATTEMPT BURGLARY ATTEMPT GMND THEFT PROBATION / PAROLE COMPLIANCE CHECKS ASSIST VERNON FIRE DEPARruENT BAR CHECK BROKEN SIGNAL OR LIGHT BROKEN DOWN VEHICLE CITATION CHECK CIVIL MATTER SURVEILLANCE/STAKEOUT COP DETAIL DETECTIVE INVESTIGATION DETAIL DEPARTMENTAL ASSIST DRIVING UNDER THE INFLUENCE OFFICER IS 1O{ REPORT WRITING FOUND PROPERTY REPORT FOLLOW UP tJo o 16 7 4 3 6 3 J 2 22 133 2 8 1 18 2 b 25 6 20 54 1 1 3 10 5 4 4 b o 4 1 24 1 J 24 5 1 1 6 2 4 2 42 2 20 t27 5 6 3 I I 2 2 I I 7 66 I 4 I l3 I 4 9 3 ,1 25 I I I 4 4 2 5 2 2 I l3 I I t4 J I I I 3 2 3 I 4t I l6 08/16/2015 00:08:34 Pdge of VERNON POLICE DEPARTMENT D ep artment Activity Report Jurisdiction: vERNoN Fbst Dale: o8/o'r/2015 Last Dale: o8/1s/2015 Depa menl Compldnt Type Description All Units Primary Unil VPD ID THEFT RPT IOENTITY THEFT REPORT ILLDPG ILLEGAL DUMPING K9 TRAINING K9 TRAINING REMINDER, OSTAIN LOCATION KTP KEEP THE PEACE LOJACK LOJACK HIT MISPR MISSING PERSON REPORT PANIC ATARM PANIC ALARIWDURESS ALARM PAPO PUBLIC ASSIST.POLICE PATCK PATROL CHECK PDO PROPERTY DAMAGE ONLY PEDCK PEDESTRIAN CHECK PRSTRAN PRISONERTMNSPORTED PURSUIT PURSUIT REC RECOVERED STOLEN VEHICLE RECKLESS DF RECKLESS DRIVING (23103} GTAR H8C REPO RR SPEED GMND THEFT AUTO REPORT HAILED BY A CITIZEN REPOSSESSION RAIL ROAD PROBLEM SPEED CONTEST OR SPEEDING (23109) b 17 1 2 1 2 2 1 185 2 82 o 7 J I 4 1 8 4 318 86 15 4 b 8 4 l0 2 2 I I 4 166 2 44 5 I I 4 3 I 3 2 234 6l l4 2 2 8 SPEEDTRAILE TO BE USED WHEN THE TMILERS ARE DEPLOYT TRAFFIC STOI TR,AFFIC STOP VCK VEHICLE CHECK VEH RELEASE VEHICLE RELEASE WARRANT WARMNTARREST WELCK WELFARE CHECK WRNTSVC WARMNT SERVICE Deparlment:1459 t002 Overall:1459 1003 08/1U2015 00:08:34 Page of VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 08/15/15 TRAFFIC COLLISIONS TOTAL NON-INJURY INJURY Pedestrian Fatalities City Property Damage Hit & Run (Misdemeanor) Hit & Run (Felony) Persons Injured VEHICLES STORED Unlicensed Driver Abandoned,/Stored Vehicle Traffrc Hazard CITATIONS Citations Iss (Prisoner Release) Citations Iss (Moving) Citations Iss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BY ARREST ARls-r95 CRl5-1288 14601.2(A) PC ARl5-197 CRl5-1298 10851(A) PC ARl5-198 CRls-1298 25400(C) (l)pc ARl5-201 CRl5-1318 14601.1(A) VC AR15-203 CRls-1344 11364 H&S ARl5-205 CRl5-1372 11364 H&S ARl5-206 CRls-1365 11364 H&S PROPERTY RECOVERED VEHICLES: S1,000.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: S4,000.00 NO. 10 4 6 I 3 3 26 12 8 167 8 175 93 74 VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED MALE FEMALE TOTAL ASSAULT WIITI A DEADLY WEAPON BURGLARY CARRY CONCEALED WPRIOR FELONY 1 1 E14BEZZLEMENT FORGED OFFICIAL SEAL IDENTTY THEFT POSS. CTRLD SUBSTANCE POSS. STOLEN PROPERTY RESISTlNG ARREST ROBBERY VEHICLE THEFT WARMNT (BENCH) TOTAL FELONY ARRESTS 1 0 1 ADULT MALE FEMALE TOTAL BATTERY CRIMINAL THREATS DRIVE WHILE LICENSED SUSPENDED 1 1 2 DRIVING UNDER THE INFLUENCE PETTY THEFT POSS. CONTROLLED SUBSTANCE 3 J POSS. NARC. PAMPHERNALIA TRESPASSING VANDALISM WARMNTS (BENCHTRFC)5 5 WARMNTS (FOREIGN)1 1 TOTAL MISD. ARRESTS 10 1 11 MALE FEMALE TOTAL BURGLARY PETry THEFT DRIVING UNDER THE INFLUENCE 1 1 VEHICLE THEFT 1 1 WARMNTS (BENCH) rOTAL JUVENILES DET.o 2 2 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DEIAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED ]UVENILES (FELONY AND MISDEMEANOR) TO DATE: 61 L43 o b o- Na oi ; q? Yt sY)ddI sN oq?9 q?s,{2 ,I2 S .to \i \t I \os(t .(o .?o so <o .3o I(' E3 r< : * q Q'- !! 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F { \ 4\) ;\Fr b \ q) t\ !\ \S $n( $ { s\) E\etI) \RH a( Nl{aI \)o \eokq s zozE!J \.k b S o oit b b s? s? eeq? ci ci ci $$ee :r :(r) :(')TE iE lro voE5 E5 r..)F-o ! rr \r ..r s roY --- Y oE eee S P QO aOAS ESNO!! !',t !! t--99 T oo zS9dtul j .D Eo o-9< oz 5 o o- i-j a; u<4 o<o'1 Eu1<<oZatl->22ru?<E)A o60tldd + ro {lt,zoztt! E,> >x9;ifrz^trs =€ .3o I(' E5 Ftt -Eo\ ca V) o St a \ a =lr) s{EIlJ\ !.s t-\US<G -*!x ':G * a .a a U QA .s!l\ \i zoz d.ul S t aa\ t,\ os S P o { \ ti q s) ;\Ft 5 \ \)s F? \S $ n< s { \) t\e Fr)\trFrq Nr{ r!I \)oq eoer( s &o I(.);e E5 l l=lI:] I.i1Itl l;I I'l Ft! odo\\c a e{ t-i b RECEF\fED AUG24 2015 CIIY CIERI('S OFFICE STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SER\'I DEPARTMENT DATE: TO: FROM: August 10, 2015 Honorable Mayor and City Council ivJll- Samuel Kevin Wilson, Dirtclor of Pubft Works, Water & Development Servicts Departsnent IOriginator: Nlbnso Hernandeih*a r**",* CVnthia MirelpPermit Technician MONTHLY BIjILDING DEPARTMENT REFORTRE Enckrsed herewith is the Monthly Building Repon for the month ofJuly 2015. Thank you. RECEgVED AU3 t3 3X$ City of Vemon Building Departnent Monthly Roport from 7l1l2015lo 7131120'15 Type # of Permits Electrical Grading lndustrial - Addition lndustrial - New lndustrial - Remodel Mechanic€l Miscellaneous Plumbing Roof $416,400.00 $20,000.00 $5,250.00 $5,351,568.00 $550,000.00 $1,145,100.00 $2,984,428.00 $165,650.00 $273,825.00 13 I 1 I 10 17 l9 11 3 July 2015 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL July 2014 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $38,976,601.00 $10,912,22'.t.00 $40,206,714.00 76 528 $5'l ,118,935.00 $2,345,858.00 $36,630,743.00 51 34',1 392 5rut1Sor-*. Samuel Kevin VMlson Director of Public Works, Water & Development Services City of Vemon Building Departnent Major Projecb from 7l1l2i15 to 713112015 Valuations > 20,000 Permit No,Prolect AddEss Tenant Description Job value Electrical 8201$'0085 &.201$O253 B-201$.0413 &201t0332 8'-20154447 32OO SLAUSON AVE APN 6310027023 2640 26TH ST APN 6302001028 3810 26TH ST APN 5192030001 2626 25TH ST APN 5168023010 3232 WASHINGTON BI APN 5169023038 Entry Dba All-B Command Packaging Site lighting and elec{ricalfor new '15'l,988 sq. ft. building. T.l. for new office. New lighting and receptacles New 4000amp Service, New 1600A 27714800 phase outdoor service for temp. location of new boiler system. lnstall outlets, lightings, lransformer, PNLS $60,000.00 $45,000.00 $88,000.00 $150,000.00 $20,000.00 Grading 800-089-18'1 $20,000 003294 26th APN 6303002021 Laying asphalt, aswell as implementing damage slructures. lndustrial - New 8-2015-0101 3200 srAUSoN AVE APN 6310027023 New Building New concrete tilt up building with mezzanine ('151,988 sq. fr.) $5,351,568 00 lndustrial - Remodel 8,-201+o279 8201t0349 3232 WASHINGTON Bl Love Culture APN 5169023038 4871 SANTA FE AVE APN 6308015044 Tl for new office at existing building. (Filed w 8201t0280) T.1., convert 1'1,500 sq.ft. of warehouse to office space, and remodel6,000 sq.fr. of office space. Demolition of interior walls- Demo of existing offices and reconstruci new offces and garment manufacluring construction of new boiler room. New clean room and new 5" conqete slab (2,300 sq.fr) $40,000.00 $130,000.00 $30,000.00 $290,000.00 $25,000.00 $2'r,000.00 B-2015-0405 8-2015-0221 B-201!0388 B-2015-0333 6 4722 EVERETT AVE APN 6304025005 2640 26TH ST APN 6302001028 5182 MALABAR ST APN 6309009006 4740 26TH ST APN 6332001004 Entry dba Alt-B Record(s) $536,000.00 I Recoidtsl $20,000.00 , Record(s} 35,351,568.00 Permit No. Project Address Tenant llescripton Job Value Mechanical B00.088-144 8-2015-M32 v20154407 &.201SO389 8,-201*o278 B-201t0351 B-20110368 B-2015-0341 B-201t0139 2891 Saco St. APN 63020't0002 4523 5OTH ST APN 6304017011 DWR Textile 4820 sOTH ST APN 6304011006 5,182 MATABAR ST APN 6309009006 3232 WASHINGTON Bl Love Culture APN 5169023038 4871 SANTA FE AVE APN 63080'15M4 2626 25TH ST Darling lngredients APN 5168023010 2626 25TH ST APN 5168023010 32OO SLAUSON AVE APN 6310027023 Equipment Value Boiler Filed w/ 88145 2 boilers, 4 dryers, gas line, steam line, air line and boiler installation piping lnstallation of gas ovens, hoods, exhausl fans and make up fans New boiler installation and associated prprng. New (7) HVAC system for remodel. New 6 HVAC Units 2 Exhaust fans 3000 HP Boiler Equipment value Boiler installation and associated piping. Gas, steam lnstallation of 2 exhaust fans $37,000.00 $40,200.00 $48,700.00 $60,000.00 $30,000.00 $35,000.00 $771,000.00 $45,000.00 $2s,000.00 iriscellaneous B-2015-0288 B-2015-0076 B-20110198 4310 BANDINI BLVD APN 6304004019 3305 BANDINI BLVD APN 6303001005 4309 FRUITLAND AVE APN 63M023010 Ryerson Steel Nature's Produce Pencco Storage racks lnstallation of high pile storage racks. see high pile permit (F-2O1+0O23) tot storage hieghts lnstall an exterior , prefabricated, special purpose personnel elevator and tower struclure. Tower lo be 145' high wiih a 8'-3"x6'-0 footprint, laterally braced to existing silo structures. Grading, Remove and replace asphalt. installation o, lreestanding bridge crane systems. Replace existing 12,000 gallon install steps provided by Rigo's Sheet Metal. Asbeslos abatement - a final manifest shall be submitted to the city prior to final inspection. Removal and replacement of ceiling. $1,563,765.00 $282.000.00 $800,000.00 $50,000.00 $90,000.00 $20,000.00 $44,200.00 $28,000.00 $60,000.00 B-201S0491 8-201t0382 B-20rt0420 &20't54470 &201tM30 820't5-0434 9 4333 MAYWOOD AVE APN 63M021019 4310 BANDINI BLVD APN 6304004019 4921 GIFFORD AVE APN 6304016014 3285 VERNON AVE APN 6303006064 3425 VERNON AVE APN 6303007026 3285 VERNON AVE APN 6303006064 Record(s) $2,937,955.00 Permit No.Proiect Address Tenant Description Job Value Plumbing B-2011.043't 8-201rO274 v201F0'167 8201$'0238 4523 sOTH ST APN 6304017011 5275 DISTRICT BLVD New Building APN 6314001903 32OO SLAUSON AVE APN 6310027023 2640 26TH ST Entry dba Alt-B APN 6302001028 Trendr drain, sample box and drainage piping for 4 washers, and water lines./Fw - 0432 Storm drain for new building. Ftw 8.20110121 Domestic waier, sewer, roof drains for new building lnstalling new toilets and sinks for lenant improvement New restrooms and breakrom sink for TI $23,050.00 $42,000.00 $35,000.00 $35,000,00 Record(s) $135,050.00 Root 8,-201*0425 v201uu18 B-2015-0419 2731 SOTO ST APN 63020010,14 6116 MALBURG WAY APN 63'10027051 6200 MALBURG WAY APN 63'10027053 $38,000.00 $126,605.00 $109,220.00 Re-roof Re-roofing 3 Record(s) $273'825'00 38 Permit(s)TotalValuation: Director of Public Works, Water & Development Services $ 10,709,308.00 City of Vemon Building Department New Buildings Repoit - July 2015 3200 Slauson Ave. Real Estate Holding, LP Outside Redevelopment Area 15l,gEB Sq Ft. Direclor of Public Works, Water & Development Servic€s City of Vemon Building Department Demolition Report - July 2015 NONE Shrt/ rzzt Samuel Kevin Wilson Director ofPublic Works, Water, & Development Services CiV of Vemon Building Departnent Status of Certificates of Occupancy Requests Month of July 2015 Request for lnspeciion Approved Pending Temporary Occupancies 21 t5 250 36 5iru/u.,2 - samuel KevifWilson Director of Public Works, Water & Development Services Cily of Vemon Certifi cate o, Occupancy Applications Date Frcm 711l2O15lo 713112015 lssued Permit No. Proiect Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-201t0154 /t455 FRUITLAND AVE TKGroup lnc. Design office and $689.00 11,900 APN 6304026030 imporuexport paper C-2015-0155 2289 49TH ST Unicept Apparel lnc. Sewing factory $689.00 25,000 APN 63080150,14 C-2015-0156 4100 BANDINI BLVD Produce Services of lnspeclion o, produce $300 00 1,500 APN 6304005019 America, lnc C-201U0'157 2375 27TH ST Bidu, lnc. Sewing garments 5300.00 4,480 APN 63020080'18 C-20'15-o'158 3226 44TH ST Mola lnc. Sewing contracling $689.00 19,000 APN 6303016005 C-2015-0159 5001 SANTA FE AVE Delled Warehousing led lighting $300.00 4,000 APN 63080'15009 C-2015-0160 2947 44fH ST Fashionco lnc Garment manufaclure S300.00 1,040 APN 6303013049 C-201t0161 598'l MALBURG wAY 3G Produclions lnc. Audio production & $689.00 12,232 APN 6310027046 equipment rental C-2O15-o162 2105 37TH ST Appleton's Custom Bars Metal fabrication $300.00 2,500 APN 63020't0008 C-2015-0163 4224 DISTRICT BLVD Jjanga Group, lnc. Screen printing and $689 00 10,000 APN 6304027015 clothes manufacturing C-201t0164 4900 DISTRICT BLVD Styles On Demand, lnc. Vv}|se. garments $300.00 5,000 APN 6304014007 C-201t0165 '1855 27TH ST Jalisco Fresh Produce, lnc. Warehouse fresh $300.00 4,500 APN 6302009038 produce C-201t0166 3305 BANDINI BLVD Rainfield Ranches LP We recieve and ship $689.00 12,550 APN 6303001005 produce. C-201t0167 50'15 HAMPTON ST PremierJasu, lnc. Embroidery. $689,00 '11,410 APN 6308010038 C-2015-0'168 5001 SANTA FE AVE Farhad Storage general $300.00 3,500 APN 6308015009 merclandise C-201$0'159 2llSANDERSONST Calwalk To Sidewalk Sewing Garments $300.00 4,464 APN 6308019030 C-201r0170 3013 BNSF RR Vrva America Crafr lnc. Otfice for party supply $300.00 1,000 APN comPany C-201fi171 2860 ALAMEDA ST United Pacific Waste Vehicle parking for $689.00 8,695 APN 63020'l'1018 Waste and recycling non- hazardous hauling. C-20154172 2601 SOTO ST Joe Ks Deli LLC Restaurant $689.00 6,000 APN 6302001002 C-20154173 2734 46TH ST Roshaw Trading dba Laguna Garment knitting $689.00 29,000 APN 6308002014 Fabrics C2O154174 5210 SANTA FE AVE BTS Apparel, lnc sewing facility for $300.00 3,000 2l Record(s) contract work Total for Certificate ot Occupancy: $10,190.00 180,771 2l Permiis(s) APN 6309002007 Total Fees Paid $10,190.00 City of Vemon Certifi cate of Oqcupancy lssued Date From 7rl notslo713112015 lssued Permit No. Proiecl Address Tenant Description Fees Paid Squar€ F€et Certifi cato of Occupancy 7l6ni15 COO-001734 3301 FRUITLAND AVE I & lWrolesales Corp Warehousing of 51,378.00 48,000 APN 6303027002 Dba lris Garmenls 7t6DO15 C-201+0047 2020 25TH ST APN 6302009018 Chris & CarolApparel, lnc. Manufaduring of $689.00 20,300 garmenusewlng 7BnO15 c.201s0061 2829 SANTA FE AVE United LC Capital LLC Warehousing ol $689.00 22,'l 12 APN 6302006025 76,12015 C-20154123 2570 25TH ST APN 5168025032 garmenls and ac€essories MB Produce l.IC Ofhce use $300.00 156 7nl2l15 COO-001745 2831 SANTA FE AVE United Lc CapilalLLC Warehousing ol $689.00 48,000 APN 6308019012 garments and ac@ssories. 7nnl15 COO-003668 3222 WASHINGTON BLVD Garment Line inc. Warehousing of $480.00 66,0fl) APN 5169023026 garments. 7nDU5 C-201t0136 5970ALCOAAVE OFI lmports, lnc. dba Processing and $1,630.00 61,496 APN 6310027039 Contessa Premium Foods warehousing of trozen food 7BnO15 G201541'19 3232 WASHINGTON BLVD Softree lnc. Warehousing ol $689.00 45,000 APN 5169023038 garments 7BnO15 COO-001569 2060 37rH ST APN 63020't2005 GHBW Manulacturing ot $200.00 5,200 Cabinets,/Furnilure 7P212015 COO-OO$796 2287 49TH ST Cottonriends, lnc. Warehousing of $689.00 9,650 APN 6303001008 garments. 712U2015 o2O1']OO94 3187 BANDINI BLVD Styles Wesl, lnc- Warehousing general $689.00 '1,589 APN 6303001008 merchandise 7n4f2015 COO-001718 2713 BONNIE BEACH PL Altemative Denim Worls Manufacluring of $689.00 13,500 APN 5243020022 LLC garmentslflashing 712712015 COO-003627 /t423 FRUITLAND AVE J.R. Frisco, lnc. Warehousing of $260.00 22,000 APN 639026009 grocenes 7f27f2015 C-201r0117 5993 MALBURG WAY Handbag Kangaroo, lnc Warehousing of $689.00 6,'113 APN 6310027046 handbags 7f29n015 COO-OO&710 2425 30TH ST Goldenvida lnc. Dba Everly Manufac{uring of 5815.00 74,260 APN 6302005012 garments. l5 Record(s) Total for Certificate ofoccupancy: $10,575.00 43,376.00 15 Permit(s)Total Fe€s Paid $10,575 00 REctrtvED AU:2 7 2015 CIIY CLEK(S OFTICE STAFF REPORT ClTY ADMINISTRATION DATE: TO: FROM: RE: September l, 2015 Honorable City Council Mark C, Whitworth, City Administrator Originator: Kristen Enomoto, Deputy Ci r Adoption of a Resolution Approving and Awarding a Services Agreement to Century 21 Allstars and Luther Sanchez to Serve as the City's Real Estate Agent for the Sale of Residential Property Owned by the City Recommendation A. Find that the approval and award of a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of residential property owned by the City is exempt fiom 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. B. Adopt a resolution approving and awarding a Services Agreement to Cennrry 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of the following residential properties owned by the City ofVernon: . 6036 Stafford Avenue, Huntington Park , CA 90255. 6042 Stafford Avenue, Huntinglon Park, CA 9025 5. 6044 Stafford Avenue, Huntinglon Park, CA 90255 C. Authorize the City Administrator to execute the Services Agreement and any and all other documents necessary to facilitate the sale of the three aforementioned residential properties. All terms and conditions of each sale will be subject to final approval by the City Council. Backsround On June 1, 2015, the City issued a Request for Proposals ('RFP) for a residential real estate agent for the sale of real property owned by the City of Vemon. The RFP was posted on the City's website, advertised in the Vemon Sun, and mailed to nearly thirty (30) agencies and associations serving the Los Angeles area. As of the close of the response period on June 23, 2015, the City received eight (8) proposals. AII eight proposals met the minimum qualifications and requirements set forth in the RFP, and all eight were evaluated by a review panel consisting of Kevin Wilson, Director of Public Works, Water and Development Services; William Fox, Finance Director; Alex Kung, Economic Development Manager; and Stuart Leviton, outside Legal Counsel to the City and the Housing Commission. The proposals were evaluated and scored according to the selection criteria outlined in Section 48 of the RIP. The scoring clearly delineated a top and bottom half, as the four highest ranking respondents were all within a 6-point range, while the fifth-ranked respondent was nearly 20 points lower than the fourth-ranked respondent. Given the tight scoring among the top half and the City's goal of selecting the respondent that has the most experience and expertise in the Huntington Park market, the top four respondents were interviewed on August 6, 201 5. The interview panel consisted of the same four members of the RFP review panel. Based on the results of the interviews, the panel selected Luther Sanchez of Century 21 Allstars as the most qualified and best suited agent to meet the City's needs. Services Agreement As indicated and included in the RFP, the City is utilizing the standard, pre-approved Services Agreement for this project. However, in order to address certain elements related to real estate transactions, a couple minor modifications were made to the City's standard contract language. Section 6.0 - Payment, has been modified to remove the standard invoicing provisions and instead provide for compensation to occur within ten (10) days after the close of escrow on each property from the proceeds of the sale of each property. Sections 9.17 and 9.18 relating respectively to termination by the City or default by either party have been modified to provide for reasonable compensation in either case. Additionally, the standard Califomia Association of Realtors Residential Listing Agreement ('C.A.R. Form RLA" or "Listing Agreement") for each property has been included as an exhibit to the Services Agreement. Minor modifications were also made to that agreement to comply with the City's standard requirements; said modifications are indicated by strikethrough and an addendum. In the event there is a conflict between any of the provisions in the City's standard Services Agleement and the Listing Agreement, the Services Agreement shall govem. Fiscal Impact Based on the professional appraisals conducted by Gold Coast Appraisals, Inc. in late May 2015, the City expects to generate approximately $1.2 million (less commissions and fees) in total one- time revenue from the sale of all thee Stafford homes. Based on the standard 5o% commission proposed for each sale and estimated closing costs, the City anticipates total costs to be paid from the sale proceeds to be approximately $80,000. Said anticipated revenue and costs are included in the City's 2015-2016 fiscal year budget. Attachment(s): l Resolution Approving Services Agreement with Century 21 Allstars RESOI-,UTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETV{EEN THE CITY OF VERNON AND CENTURY 21 AILSTARS AND LII|HER SANCHEZ TO SERVE AS THE CITY'S REAL ESTATE AGENT FOR THE SALE OF THREE RESIDENIEIAL PROPERTIES OWNED BY THE CITY WHEREAS, on or abouts June 1, 2015, the Citsy issued a Request for Proposals ("RFP" ) for a residential- real estate agent for the sale of real property owned by the City of Vernon,' and WHEREAS, the City received eight proposals in response to the request for proposals; and WHEREAS, by memorandum dated September 1, 2015, the City Administrator has recommended that. the City accepts the proposal- of Cent.ury 21 Allstars and Luther Sanchez ("Century 21") and enter into a services agreement (tshe "Agreement" ) with Cenuury 21, setting forEh the terms and conditions under which Century 21 will serve as the CiEy's real- estate agents for the sale of three residential properties owned by the Citsy; and WHEREAS, the CiEy Cor:ncil of tshe Citsy of Vernon desires to approve Uhe Agreement. with Century 21. 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 detsermines that the above recitsals are true and correct. SECTION 2: The Citsy Council of the City of Vernon finds that this Act, (CEQA) that CEQA actsion is exempts rJrrder the Cal-ifornia Environmental Quality , in accordance with secEion 15061(b) (3), the general rule only appLies to projects lhat may have an effecc on che environment. SECTION 3:The City Council of Ehe City of Vernon hereby approves the Services Agreement with Century 21 Al-lstars and Luther Sanchez ("Centsury 2f") , j-rr substsantially the same form as the copy which is attached hereto as Exhibits A. SECTfON 4: The City Council of the City of Vernon hereby auEhori ze s on behalf C]erk, is the City Administrator to execute said Agreements for, and of, the City of Vernon and the CiEy C]erk, or Deputy City hereby authorized !o atstest thereto. SECTION 5: The City Council of the City of Vernon hereby inst.ructss the Citsy Administratsor, or his designee, to t.ake whatever actions are deemed necessary or desira]3le for the purpose of implementsing and carrying outs tshe purposes of Ehis ResoluEion and the transactsions herein approved or authorized, incl-uding but not. ]imited to, any non- substantive changes to the Agreement attsached herein. SECTION 5: The Citsy Courlcil of the Citsy of Vernon hereby directs the Citsy C1erk, or the Deputy City Clerk, to send a fufly executed Agreement to Century 21. 2 SECTTON 7: The City C1erk, or Deputy City Clerk, of the City of Vernon shal-l- cerEify to the passager approval and adoption of this resolution, and the City C1erk, or Deputy City C1erk, of the Citsy of Vernon shall cause this resolution and the City Cl-erk's, or Deputy City Clerk's, certification to be entered in the FiIe of Resolutions of Ehe Council of this City. APPROVED AND ADOPTED this 1st day of September, 2015. Name: Title: Mayor / Mayor Pro-Tem At1E51: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 3 STATE OF CAIfFORNIA ) ) ss COI]NTY OF LOS ANGELES ) , City Clerk / Deputy City Clerk of the CiEy of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City council of the CiEy of Vernon ats a regr.rlar meeting of che City Councif duly held on fuesday, September L, 20L5, and tshereafEer was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of sepEember, 2015, at vernon, California. City Clerk / Deputy City Clerk (SEAI) I, 4 EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CENTURY 21 ALLSTARS TO SERVE AS THE CITY'S REAL ESTATE AGENT FOR THE SALE OF THREE RESIDENTIAL PROPERTIES OWNED BY THE CIry COVER PAGE Contractor: Century 21 Allstars Responsible Principal of Contractor: Luther Sanchez, Broker Associate Notice lnformation - Contractor: Century 21 Allstars 9'155 Telegraph Road, 2d Floor Pico Rivera, CA 90660 Attention: Luther Sanchez Phone: (562) 863-2121 Facsimile: (562) 863-3275 Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark C. Whitworth City Administrator Telephone: (323) 583-881 1 ert.228 Email: MWhitworth@ci.vernon.ca.us Commencement Date: September 1, 2015 Termination Date: December 31, 2015 Consideration: Total not to exceed 5% of the sales price of each property (approximately $60,000 in total); and more particulady described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CENTURY 21 ALLSTARS TO SERVE AS THE CIryS REAL ESTATE AGENT FOR THE SALE OF THREE RESIDENTIAL PROPERTIES OWNED BY THE CITY THIS Conkact is made between the City of Vernon ("Cit/), a Califomia charter City and California municipal corporation ("Cit/), and Century 21 Allstars, a Califomia corporation ("Contractor"). 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 September 1, 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 June 1, 2015, Exhibit "A", Contracto/s proposal to the City ("Proposal") dated June 23,20'15, Exhibit "B', and the Residential Listing Agreement ('Listing Agreement'), Exhibit "C", all 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 real estate 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 Cily-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City- 2 4.0 TERM. The term of this Contract shall commence on September 1, 2015, and it shall continue until the earlier of either the sale of all three subject properties or December 31, 2015, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Conlractor has established rates for the City of Vemon which are comparable to and do not exceed the best rates offered to other govemmental 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 applicable terms set forth in this Contract. 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed five percent (5%) of the sales price of each property (approximately $60,000 in total) without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, fumish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for fumishing services pursuant to lhis 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. 6.2 6.1 Within ten (10) days after the close of escrow on each respective property to be sold under the Contract, City will pay Contractor, either by wire transfer or by certified check, the compensation to which Contractor is entitled under this Contract and the Listing Agreement from the proceeds of the sale of each respective property. 7.0 CHANGE ORDERS. The City Administrator shall have the authority to issue change orders for administrative and non-material changes to the scope of services and 3 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 extended beyond three years. 8.0 CITYS RESPONSIBILITY. City shall cooperate with Contraclor 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 Contracto/s services. 9.0 GENERAL TERMS AND CONDITIONS. 9.,I INDEPENDENTCONTMCTOR. 9.1 .1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall fumish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment 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, longterm 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 othenvise. 4 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 matedals 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 conect any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance 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 subsequenl breach of the one waived. 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 otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without 5 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 otheruise 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.,I0 INTERPRETATION, 9.10.1 Apolicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California_ 9.10.2 Entire Aoreement. This Contract, including any exhibits aftached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subiect 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 6 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 California, 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 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. 9.10.7 Duolicate Orioinals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OFESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORIW OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITMTION OF DISPUTES. Any dispute for under 925,000 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 ludgment 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 tNDEMNtry. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission 7 members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9.14.3 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSUMNCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.'l 5.1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.1 5.2 General Liability with minimum limits of at least $1 ,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occunence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractods performance of this Contract- (a) lf Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcrntractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.1 5.3 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. 9.1 5.4 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: (a) Provide copy of permissive self-insurance certificate approved by the State of California; or (b) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employeds Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogalion against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (c) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of 9 this Contract. 9.15.5 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. 9.15.6 lnsurance shall be placed with insurers with a Best's rating of no less than 9. 15.7 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.8 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, aftorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including 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 certlfied mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. lf to the City: City of Vernon Attention: Mark C. Whitworth, City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 10 lf to the Contractor: Century 21 Allstars Attention: Luther Sanchez, Broker Associate 9155 Telegraph Road, 2d Floor Pico Rivera, CA 90660 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without Gluse, upon fifteen ('15) calendar days'wriften notice to Contractor. lf the Contract is thus terminated by City for reasons other than Contracto/s failure to perform its obligations, City shall pay Contractor, within ten (10) calendar days of the effective date of termination,a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination, as well as reasonable expenses. Such payment shall be Contractor'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 effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. ln the event that the City terminates the Contract under this provision, 11 City shall pay Contractor the aforementioned amounts within ten (10) calendar days of the effective date of termination. 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 Contractods records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, wanants 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 days work. The Contractor, or subconlractor, 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 1 81 5 of the California Labor Code as a penalty paid to the City: provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon 12 compensation for all hours worked in excess of 8 hours per day at not less than 1% times the basic rate of pay. 9.22 LIVING WAGES. To the extent applicable, Contractor, 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. 9.23 EQUAL EMPLOYMENT OPPORTUNTry PMCT|CES. 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 that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual onentation 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]. IJ lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Century 21 Allstars, a Califomia corporation and Califomia municipal corporation Mark C. Whitworth, City Adminiskator Name: Title: ATTEST: By: @ Name: Title: APPROVED AS TO FORM: Brian W. Byun, Deputy City Attorney 14 EXHIBIT A REOUEST FOR PROPOSALS l5 City of Vernon Request for Proposals (RFP) Residential Real Estate Agent for Sale of Real Property Owned by the City of Vernon City of Vernon City Administrator's Oflice 4305 Srnta Fc Avenue, Vcrnon, CA 90058 Phonc: (323) 583-EEll Junc 1,2015 City of Vernon Rea[ Estate Agent RFP 1. INTRODUCTION AND PROJECT The City of Vernon ("City") is requesting proposals ftom qualified real estate agents/firms to serve as the listing agent for the following three single family residential properties owned by the City: . 6036 Stafford Avenue, Huntington Park, CA 90255. 6042 Stafford Avenue, Huntington Park, CA 90255. 6044 Stafford Avenue, Huntington Park, CA 90255 The City will select one agenUfirm, based on demonstrated compelence and a cost effective approach to the sale of the aforementioned residential properties. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeasl of downtown Los Angeles California. Over its long history Vemon has been developed as an industrial community. At the tum of the 20h century the lands that make up Vemon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and prope(y 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 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 Southern California and Vernon has attracted 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: Vemon 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 bargaining units recognized include the Vernon Police Officers Benefil Associalion, Vernon Police Management Association, Vemon Firemen's Association, the Vernon Fire Management Association, lnternational Brotherhood of Electrical Workers Local 47, and Teamsters Local 91 1 . Housing Stock: The City of Vernon owns and leases thirty-one (31) residential units; twenty-six (26) of the units are located within Vemon and five (5) of the units are located in the neighboring City of Huntington Park. The Vernon Housing Commission, a seven-member board appointed by the Vernon City Council, oversees the management, leasing, and maintenance of City- owned housing, and also makes recommendations to City Council regarding the potential divestment of its ownership with regard to any of the City-owned units. 2 City of Vemon Real Estate Agent RFP Based upon a recent recommendation by the Housing Commission, the City Council authorized the sale of the three (3) subject houses identified in section 1 of the RFp based upon fair market value appraisals conducted by a qualified professional. City staff expects to receive the appraisal report for each unit by early June, 2015. All thirty-one (31) City-owned units are cunently leased, including the three subject houses. one of the three leases expires september 30, 201s, while the other two leases are on a month-to-month term. 3. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified real estate agent to: . Develop and implement a marketing plan using best practices, while also taking into accounl any unique aspects of marketing the subject houses (NOTE: the original listing price will be determined by the City based on a fair market value appraisal);o Advise the city as to whether any repairs and/or improvements to the subiect houses should be made prior to the listing of the subject houses;. Negotiate the sale ofthe subject houses, including receiving offers and presenting counter-offers,. Provide regular, periodic reports to the City regarding all marketing efforts and open negotiations,. Assist with the presentation of any offers to the city council, which must provide final approval of any sale;. Coordinate the closing of any sales transaction;. Provide such other and additional services that may be requested by the city and that are customary of residential real estate agents. 4. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one agenUfirm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualiflcations to be used to evaluate responses to this Request for propoial: . Possession of an active, valid Califomia real estate agent or brokerage license.. At least five (5) years of experience in residential real estate transactions.. Experience with private and public sector real estate transactions.. Possession of or ability to obtain any and all necessary insurance. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualilied personnel. The name, information, or experience of the individual members will not be made available to any proposer. 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 . 4Oo/o Qualifications, background and prior experience of the firm an the Service 3 Area(s) being proposed, experience of key stafl assigned to oversee services provided to Vemon, evaluation of size and scope of similar rrvork performed and success on that r,vork.2- 30% Cost and fees to the City for hardling matters. Cost is not the soh determining factor but will be taken into consideratiofl. proposer must offer services at a rate comparable to the rate proposer offers to olher go\remmental entities for similar work. offering a higher rate to the city than the comparable rate is grounds for disqualifcation of lhe Proposer. lf rates difier for different types or levels of seMce, or for differenl Service Areas, the proposer should so stale.3. '1006 Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References includirp past performance of proposer. 5. FORTATAilDDELIVERYOF RESPO}{SE Respondents are asked to submit seven (7) hard copies and one (i) electronic copy of their proposals in suflicient detail to allow for a thorough evaluation and comparative anatyiis. ttreproposal should include, at a minimum, the following informalion in sectionalized format addressing all phases of the work in the RFp. A. Format: Limil your proposal to 20 typed B.S' X 1 1" pages, or fer,ver, on white bond paper of at bast 2o-pound vveight single sided (exduding cover lefler and attadrments. 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. 2. Organize your subminal in the order described below. 3. Provide one (1) unbound original of your firm,s response and one eledronic version (via email to kenomoto@ci.vemon.ca.us) 4. Prominently label the package: "RFp for Residential Real Estale Agent" and include the name of the primary contacl for the respordent. Deliver the response to: City of Vemon Anenfion: Mark C. \ltrritworth, City Administrator 4305 Santa Fe Avenue Vemon, CA 90058 5. Responses are due on or beforu S:00 p.m. on Juno 23, ml1. Late response will not be accepted. 6. lf you have any questions about this RFp, please contact Kristen Enomoto at (323) 583-881 I ext. 398 or kenomoto@ci.vemon.ca_us. Ciry of Vemon Real Estate Agent RFP -1- B. City of Vernon Real Estate Agent RFP 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. lf the proposal contemplates the use of sub-contractors, the sub-contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. Wth respect to the business entity, the cover letler 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. 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. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. Fees and costs: Although an important aspect of consideratlon, 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 propose/s most favorable terms and condilions, since seleclion and award may be made without discussion wth any flrm. 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 governmental entities for similar work. Offering a hagher rate to the City than the comparable rate is grounds for disqualification of the Proposer. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/heriits 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 project(s). ldentiff 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 at least three (3) references. The selected firm shall not subcontracl any work under the RFP nor assign any work without the prior written consent of the City. Aflidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). C. D. F. H. City of Vernon Real Estate Agent RFP 7. ADDENDA, CHANGES, AND AMENDiIENTS 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.cityotuernon.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 timeliness. E. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. 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. C. The City shall not be liable for any expenses incuned by any individual or organization in connection with this RFP. D- No conversations or agreements with any officer, agent, or employee of the City shall affect or modif,/ any terms of this RFP- Oral communications or any written/e-mail materials provided by any person olher than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretlon, to accept or reject any or all Proposals without prior notice and to waive any minor inegularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, limes, 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. G. Respondents shall not issue any news release pertaining to this RFP, or the city without prior written approval of the city. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administratods Office. 6 City of Vernon ReaI Estate Agent RFP The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE To the el ent applicable, the selected AgenuFirm, 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, aftached hereto aJExhibit B. 11. STANDARD TERMS ANO GONDITIOI.IS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services aftached hereto as Exhibit B. proposers responding to this RFp are strongly advised to review all the terms and conditions of the Contract. ihe term ot the Contradt snall not exceed three (3) years. 7 City of Vernon Real Estate Agent RFP EXHIBIT A AFFIDAVIT OF NON-COLLUSION a AFFIDAVIT OF NON-COLLTISION BY CONTRTTCTOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )ss ) berng first duly sworn deposes and says that he/she is of llrrn 'Sole (hmer'. "Partnea. "P6d€nL 'Saretary", ff oth.r troper urle) (ll\sen nrme otbidder) who submis herewith to the City of Vemon a bid/proposal, That all statements offact in such bid/proposal are true, That such bid./proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporatlon; That such bidproposal is genuine and not collusive or sham, That sald bidder has not, directly or rndirectly by agreement, communication or conference lvith anyone attempted to tnduce action prgudictal to the interest of the City of Vemon, or of any other bidder or anyone else interested ur the proposed contract; and further That prior to the public openrng and reading of bidVproposals, said bidder a. Did not directly or indirectly, induce or solicrt anyone else to submit a false or sham b r d./proposal, b Did not directly or indirectly, collude, consptre, connrve or agree wtth anyone else that said bidder or anyone else would submit a false or sham bid,/proposal, or that anyone shoulti reliain fiom bidding or withdraw his/her bid/proposal. c. Did not, ln any manner, directly or indirectly seek by agreement, communication or conference wlth anyone to raise or tix the bid/proposal price of said bidder or ofanyone else, or to rarse or tix any overhead, profit or cost element ofhiVher bid/proposal pnce, or ofthat ofanyone else, d Drd not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereot, or the contents thereof, or diwlge informanon or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any indtvrdual or group of individuals, except the City ofVemon, or to irny person or persons who have a partnership or other financial nterest with said bidder rr his/her bus[ress. I certily under penalty ofper.lury that the above information rs corect By: Date. Ciry of Vemon Real Estate Agent RFP EXHIBIT B STANDARD FORM CONTRACT I SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND ICONTRACTOR'S NAMEI FOR [BRtEF DESCRtpTtON OF SERVTCESI COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, tifle] Notice lnformation - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Aftention: [insert name, tiUel Phone: [insert phone numberl Facsimile: [inserl fax numberl Notice lnformation - City: City of Vemon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Iinsertdepartment head] [insert departmenl head title] Telephone: (323) 583-8811 ext. [insertl Facsimile: [insert fax numberl Commencement Oate: [insert commencement date] Termination Date: [insert termination datel Consideration: Total not to exceed $[insert amountl (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 1 SERVICES AGREEMENT BETWEEN THE CIry OF VERNON AND [CONTRACTOR'SNAMEI FOR [BRtEF DESCRtpTtON oF SERV|CESI THls contract is made between the city of Vemon ("city"), a califomia charter city and california municipal corporation ("city"), and [contractor's Namel, a [state incorporated in] corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the city council on 2.0 SCOPE OF SERVICES. 2.1 contractor shall perform all work necessary to comprete the services set forth in the Request for Proposals dated , Exhibit "A", and contractods proposal to the City ("Proposat") dated Exhibit "B", both of which are aftached 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 real estate 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 lo 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 permitted under State and local law to perform such services and shall be subject to approval by the City_ 4-0 TERM. The term of this contract shall commence on [insert date], and it shall continue until lthe earlier of either the sale of all three subject propefties or a date which may not be more than three years from the commencement datel, 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 Vemon which are comparable to and do not exceed the besl 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 Contracto/s grand total compensation for the entire term of this Contract, including change orders, shall not exceed linsert amount or percentage of commissionl without the prior authorization of the 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 extra work actually performed or incuned 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 incuned 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. 3 6.4 Contractor understands and agrees that invoices which lack suffcient detail to measure performance will be returned 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 City Administrator 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 extended beyond three years. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Conlractor 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 of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemniry, defend and save City harmless from all matters relating to the payment of its employees, includlng compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1 .2 Contraclor acknowledges that Contractor and any subcontractors, 4 agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the city, and that they shall not be entifled to any of the benefits or rights afforded employees of City, includlng, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, longterm 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 O\ NERSH|P 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 prompfly correct any defeclive, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to conect subsequently discovered defects, inaccuracy or incompleteness. 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. 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. 5 5.7 NO ASSIGNMENT. Contractor shall nol assign or transfer this Contract or any rights hereunder without the prior written consent of the city and approval by the city Attomey, 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 otheMise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shail comply 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. tf any action at taw 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 Aoolicable 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 matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (lvritten or oral). 9.1 0.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the city, subject to any requisite authorization by the city council. Any oral 6 representations or modifications concerning this Contract shall be of no force or effect. 9.1 0.4 Severabilitv. 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 effec{ as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.1 0.5 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 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. 9.1 0.7 Duplicate 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 warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect ofthis Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California 7 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 tNDEMNtry. 9.14.1 Contractor agrees to indemnifo, hold harmless and defend (even if the allegations are false, ftaudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, enors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemniry includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members ofthe general public). 9.14.3 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereol and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain 8 policies of insurance of the types and in the amounts set forth below for the duration ofthe Contract, including any extensions thereto_ The policies shall state that they afford primary coverage. 9.15.1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if wriften on a personal automobile liabitity 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. 9.15.2 General Liability with minimum limits of at least $1 ,000,000 combined single limits wriften on an lnsurance Services Otrice (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 Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the ContractoPs performance of this Contract. (a) lf Contractor employs other coniractors as part of the services rendered, Contracto/s Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.'15.3 Professional Errors 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. 9.'15.4 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: (a) Provide copy of permissive self-insurance certificate approved by the State of Califomia; or 9 (b) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of$1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (c) Provide a '\araive/' form certifi/ing that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.'15.5 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except afler thirty (30) days' prior written notice to City. 9.1 5-6 lnsurance shall be placed with insurers with a Best's rating of no less than 9.15.7 Prior to commencement of performance, Contractor shall fumish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.8 Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Contractor shall immediately notifi/ 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, attorney,s fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, setflement or otherwise, including aftorney's fees and costs, being collectible from Contractor, 10 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 Vemon or any other City department is not adequate notice. lf to the City: City of Vemon Attention: Mark C. Writworth, City Administrator 4305 Santa Fe Avenue Vemon, CA 90058 lf to the Contractor: [insert contractor information] Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which il desires to receive notice upon giving wriften notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (\Mthout Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen ('l 5) calendar days' written notice to Contractor. lf the Contract is thus terminated by City for reasons other than Contracto/s failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily 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 wriften notice to the defaulting party- The notice shall speciff the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, vvhich date shall be no sooner than ten (10) days after the date of the notice. 11 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 subsequenfly 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 ils authorized auditors or represenlatives, 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. 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, promp y deliver the records to the City of Vernon or reimburse the city for all reasonable and extra costs incuned in conducting the audit at a location other than the city of Vemon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, wanants and certifies that no member, officer or employee of the contractor is a director, ofiicer 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. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours tabor constitutes a legal day's work. The contractor, or subcontractor, if any, shall forfeit twenty-flve 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 12 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 1 81 0 through 1815 of the California Labor Code as a penally paid to the city' provided, however, work performed by employees of contractors in excess of8 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 lhan 1% times the basic rate of pay. 9.22 LIVING WAGES. To the extent applicabte, Conbactor, and any subcontractor(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. 5.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this contlact, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are nol discriminated against because of their race, religion, 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 Pagel. '13 lN WTNESS \ /tiEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vemon, a Califomia charter City [CONTRACTOR'S NAME, a [State and Califomia municipal corporation incorporated in] corporation Mark C. Whitworth, City Administrator ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Hema Patel, City Aftorney By: Name: Title: By: Name: Title: '14 EXHIBIT A REQUEST FOR PROPOSALS 15 EXHIBIT B PROPOSAL '16 EXHIBIT C SCHEDULE 17 EXHIBIT D LIVING WAGE PROVISIONS Minimum Livinq Waqes: A requirement that Employers pay qualifoing 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 qualirying 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 employeds 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 altorney's fees, or to compel City omcials to terminate the service contract of violating employers. 18 A. 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 oftheir 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 Employed' 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, certiry 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 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. C. D. 19 EXHIBIT B PROPOSAL 16 Allstarc 9155 Teletr.ph Rd., 2d Floor Pico River., CA 90650 Business (5521 853-2121 Fax (552) 853-3275 G IION + luNE 22, 2015 City of Vernon Anentlon: Mark C- Whitworth, City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 RE: Request for Propocrt< (RFP) / 603G60,14 Stafford Ave Huntington parh CA 902SS To Whom lt May Concern: Please find the enclosed copies ofour proposals for your evaluation. These proposa-ls shallbe valid for a period of 150 days fuom the date of submittal My exp€rl€nce extends to the pleasure ofserving several police officerc forthe City ofvernon. I've also worked in Real Estate transaction with the city of Riverside and city ofcomnr"rce in th" patt Although our report format is a little dilferent from your customary bids I,m sure you will find that the report ls informative and meels the required lnformadotr requesL Please don't hesltate to oontact me dtould you have questions or concerns. I'm grateful for the opportunity to be considered for the iob of selling the above menfioned propertieg thaok you- Lufher Sanchez, Broker Associate (s62)7SS-9387 Eodt Olfrcc ls tndependently Ovrned And Oproted ord Ave, HunLington park. CA 90255 PREPARED FOR Citg of Vernon JUNE 23,2015 COMPARATTVE MARKET ANALYSTS LUTHERSANCHEZ 9155 Telegaph Rd. Pico Rivcrt CA 91t660 (562)75f93t7 Dircst M.jcsricBroker I @nailcqn QUALIIFICATIONS SUMMARY Highly personabb Real Est to Broker with over ff,een yea6 of experience in Residential, Multi-Unit, Probate and lnvestment Sdes. Talent for identirying customet needs and presenting appropriate company service offeringE. Demonstrated ability to g6in cuslorner trust and provide exceptional follow-up, leading to increased repeat and referral business, EXPERIENCE Century 2l Allstars, Broker-Assoc iate Majestic Real Eshte, Brokfi/Oryner Rey'Max Online, Bro&erlNorary Homes & Estates R.E., Owner/Broker D€panment of Public WorksEngirclring EDUCATION 9155 Telegraph Rd Pico River4 CA 90660 9210 Lakewood Blvd. Downey, Ca90240 9216 Lakewmd Blyd. Downey, Ca 90240 9920 Lakewood Blvd. Downey, Ca 90240 900 S FrEmont Ave. Alhambra CA9lt0l 2009 - Present 2007 - 2009 2005 -2007 t997 - 2005 1994 - 1999 Real Estale Graduate Realty Institute (One-Year grduate course) California State University of Pomona, Bachelor ofScience Degre in Civil Enginccring Cerriaos Commuity Coll€ge, Associares of futs D€grce PROFESSIONAL TRAINING Cenified DisEessed Propeny Specialisr Graduate Realtor Institure Senior Real Estate Specialist Quality Sewice Certifi cation California Noury Licensc Califomia Real Estate Broker License Califomia Rcal Esrate Salcspcrsol License PROFESSIONAL ASSOCIATIONS Dowacy Associaion of Redtffs Califor . Associetidt of R€altors Nallmal Association of RealtoB National Association of Hispanic Real EsraE hofessionals Nalional Asgociation ofHispa c Real Estde Brokers Rarcho Soufiear Board of Rcalrors (Politizl Affairs Committec) Dave Ramsey ELP (Erdorsed Local Provider) Childreo's Miracle Networi( 2005 - 2006 1998 - 200 r r 997 - r99E 2fi)9 200,6 2006 2m5 2003 2003 1997 RESUME INTRO Alrsrans I rvant ro th8[k you for coasidering my Cootpany as well as myself to serve you in your R€al Estate neeG as well as the opponunity to share my plao ofaction wilh you- . CENTURY 2l Allsta$ opened for business in March IgEE, in the city of Norwaflc, CA uoder the leadeship of BrokerlOrvner Joe Villaescusa. We operated and conducted our oew business in tess than I,OOO square feet and, at that time, employed only one agent. Within the following two years, we had grown to over fifty Reahors and increased our office SFEE€. In 1994, we moved to a secord location in Nor*alk as we had outgrown our original location. CENTURY 2l Allstars was and remains a hndrna* h the southcasl ma*ct. Cunently we are the +l CENTURY 2l oFFICE IN WORLD RANKED BY GROSS CLOSED COMI!flSSIONS. We $e wel known and respected in the communiqv and our philosophies are based on both honesty and iniEgrity, As a client centered business. you will receivc penonal service and be beked by a reputabl€ company. CENTURY 2l Allstars has annually be€n recognized natio[ally ard intcrnalionally as an award winaing Centurion Oflice since our second year in the business and the rccipieot ofThe Grand Centurion Award from 1995-2014, a pllsrigiq$ award that onty the top one percent of all offices in the CENTURY 2l System have eamed. We are acclaimed [or, not only our premiere resideotial and comm€rcial real estate service, sales atrd production but, for the charitable work - Easter seals - and coflrmunty service we take pride in prcviding to the communilies we serve. our Allsrars team recently helped build a home for a local family with tlabitat for Humanity, former hesident Jimmy Carter's personal cause. Despite the cridcal real estate downturn duri-uB the past several years, CENTURY 2l AIlshIs actuatty increasad our sales Produstion and continues to lead the irdusry wiih one ofbe Nghest real estate market shares in rhe nation, Curently, CENT1JRY 2l Allstars ottns snd occupies over 23,fiX) s+!$r feet lr I worH class fBcility io Pico River4 r faciliry fid is rivaled by nme. with a Prcfersional team of over 250 Realiors, u€€ full-rimr ofhce meaages, a recruitirg mamger, and a suppod stalf of nbe CENTURY 2l Allstars hss a client loydty sdirfactim of 9t7o based on the CENTURY 2l Custoner Scrvice Survcry. While CENTURY 2 I Altstars is atr ots.nizarion tha is cuning edge and techologhally sawy in the Rml Esute indu$ry, we never forger rhar our true commit nert i5 to provide each and evcry consumcr with unpreccdentcd excellcrce and service. Within this great organizatin, I have bcen the # I top producer in units ald Cross closed commissions for the last three years and a coffistent loP Producer in tlre years before lhat. Eaming the PrEsidents Award consistcntly as well as the Doublc Centurion Award, I pride myself in providing excellent cratomer service. All accolades, alvards alld accomplishmenis would['t men much without creating happy clients along the way. Over all my I 8 years in the business, 90% of my business comes from positive word{f{Douth rcferrals from Fmst clients. I'm commined to fIE-mtc communicaliotr with my clkns and atways hoting out for their bcst inaerest .od t ta.ke this very sciously, I tha* you in advarce for the oPPo{ru[ity to wotk with you ald tvc hope ttra you will cansider CENTURy 2 t Allsta6 yot!' fuiure place of busiaess. Luther Sanchea Broker Associatc OUR COMPANY TNTRO r9ta.s I -c155 Tereg'aph Rd Dico Rivera. CA Sff H-.ANOFACTION Below are a few of the servlces we wilt pravide asi part of the marketing Of got_/r home_ Before we can get started. the Fi.st rmporLant step is to Sign ancl Comptete UStrng agreemenE EIRSTWEEK l. Enter lstlng tnto the MLS sgstem. 2. Put up a CENTURY 2l@ For Sate gard sign 3. Install lock box. (optionaD, OR Coordrnate showings with occupants +. Shoot proFessinal prcpertu photos 6 Drone Video for virtuat open hOuse availabte or1 a( propertU sites (Over 600 Websites) I Revtew showing prccedure &. keep tracK of ail bugers/agents that vrew ttre home. 5. prepare a fLrll color prope.rg flger. Just-LrsEed Postcards &. Exclusive p.opertg W=!bs,te 7 Sgndicate hsiting to real estate weosrtes rncluding Social Media srlesi. I Emarl a large group of Rea,Lors w,th propertg deLarls I Call agents who l-lave receauu shown homes Srmtlar to gours and See if tfreir bugers are avaitable lO. Mail out all postcards &. Ftuers to neighborhood. ll. Call surrounding propertg and business owners then Doorknock 12 Hold Open Houses SECOND WEEK 13- Invite brokers and agents to Eour hOme. !+. Beg,n agent to agent marketjng efforts. 15. Review and update status with gou the sellers 16 Show propertg to pote.Ual burlers &. Follow-up on all inte.neL leads. l7 MoniEor market co.ditions [L compa.able properties in the area (ev=n Foieclosuresi &. short sates) '18. Repeat ngoing points above u.tit home is unde. siate contracE IfI AN C)F A('T1(.)N I i SYNDICATED ONLINE MARKETING Syndication is becominq one of the fastest groriring listing advertising medrums on the Intemet today- Giving your property maximum exposure iust makes sense as I'm part ot the largest syndication network in the real estate industry, with new partners being added frequently. I make sure that your property is on all of the highest trafficked search sites on the Internet. The servlces I subscribe to allow your property to be advertised across multiple popular home search sites immediately. H4.* S,l,-..-. *E. r l."ll-".9-fr/\ ulrraFcneclosures AoLls'r.' ' r:' @h'd,.d'r* YA+lo.gl,. tigegLgs il' 6H,tJ%f Q'T,'r,sy."J:*.* Cir, glc maps forectosure, backqage.*n r*B*1oges. [llh, }lo*lrs Prs,. y'Zillow.com*' MNRKETTNG NCT]ON ONLTNE PLAN F.,.en"cs,fr;f r Ivm=ireur .ho*; Our Photography Vs. Otrr Competitors P H CTOG RAP HY & VI D EOG RAPHY I N C LU D E D -\\ Luther Sanchez I Century 2l Ae5tars I Mobrle: t562) 755-9187 | wlvw.Ludre6anchezcom I Majestic8roke.@Gmail.com I Offce: Century 21 Allstars I 91,55 TdegraPh Rd Pico Rivera, CA 90650 | CalBnE+ }Lr7ffil Expires Nov 30, 2015 -!i (562) 755-9387 9155 Telegraph Rd- Pico Rivera, CA 90660 MojeslicBroker@Yohoo.com www.LulherSonchez.c I UST LISTED 10620 Horvest Ave Sonto Fe miss this opportunity to move into ihis Single fomily properly 5 Bed/3 Both wilh Pool 2.45lSqFt Home on o 8,517 SqFi Lot Spocious kitchen wilh newer cobineis ond Unique Home Buill in ,l952 Detoched well-buill tulon Cove Atloched 2-Cor Goroge with goied RV porking Centrol A/C & Heoiing w/split sysiems for lsi & Beouliful Lorge Bock Yord perfect for enterioining Centrolly locoted close lo schools, shopping ond porks And besi of oll, ii's o STANDARD SALEI Hoblomos Espofrol r.3,- ii:. t-'E YcruClF Srrfierd AvcHraildi ?.rL, CA 9o2gt 0l 02 0l 021 ot 6 o7 0l (n t0 ll Pmpccd PrLt GoverlrcDl Erpcrs.a Cii, Tr.nsGt Tat Collay Tf.r6f.r Tax Olltr ErFucs HoE€owrc/s w(r&ty Tidc F.€s Esgow Fes Nrurd llazrd Fces Li$iB Bmlar Fce Scllnt &otrf, F.e Tdd kotr/t F.. TerndE wdk TOTAIS Sellcis CaiII. Scllc/s Expcrscr Esiddcd Equiry to s.llet l{/n00 (r.nooo) ({!J5, (rac ) 0r!.o) (rIEo) I laa. ) r0,m0.00 10,0.!o t.0c6 l2 ll l4 lrltJ!5.6 This netsheet repon is designed to assist a real estate professional in estimating the net equity in a real estate transaction. Any repairs or corrective work that the property may require must be verified with and/or by the appropriate professionals. Prorations and payolf fees may vary depending upon the month and day on which escrow closes and therefore may nol be accurate in lhis report. The figures that are presented herein may not reflect any delinqueneies or liens on the property. Since escmw companies, lerders, and other real estate tramaction participans vary in their charges, these figures are not guaranteed and may be inaccurate based on many factors, including but not limited to, the date and time period ofthe transaction, fluctuathg hterest rates and costs in an industry, and other geographic-related issues. The individul relying on thh report and any and all figurcs and calculations contained th€rEin should verifr all information with the appropriate professionals and companies that may provide the services to the real estate transaction. I have read the netsheet report and understand that these figues are eslimates bascd upon the information available to the producer ofthe repoi ar the time ofcomputathn. The report is not guaranteed and may contain inaccuracies. I undemald and agree that I should not rcly on any figul€ or calculatiotr in this report without veri!ing the figures and calculations with the appropriare professionals. This report is not intended to fulfill any state or federal disclosure requirements. I acknowledge receipl ofa copy of this report. Vernon City 2nd Seller Luther Sanchez {q0o-00 ocrls.q Most bugers Form their first impression of Uour home before theg even get ouL of their cars. This is 'curb appeal.'or the view From the curb th-t tells the buge. how altractrve and well'maintained Uour home is compared to other homes In a compeErtive market- rt Lakes more than tflmmrng Ehe hedges and planting a Few flowers to create curb appeal. The exterior of gour home must be in pristine condition - freshlg painted. cleared of clutLer. with no vrstble repai.s needed. A broken step. overgrown bush. or abandoned Logs in the gard can spoil Che appearance and 9oLr. buger's First impressicn. Curb appeal rs rmportant. because rt sets the Eone for what the buuer is going to see insrde. If Ehe buger likes the exterior- he or she will be predisposed lo also like Ehe 'nterior and gou're that much closer to selltng gour home. To see what needs to be done to sell gour home Faste. and for a hagher price. go outside. sLand on Ll-e curb and trg to look at Uour home the wag the buger wrll. Walkwags/drivewags - Make sure| walkwags are clear of snow weeds. or debris. Repair or replace cracked steps o. pave.s Drivewags should also be clear of vehicles, togs and debris park cars in the garage- Landscapang - Keep gour lawn mowed. edged and waLered prune dead b.anches and plants, Weed flower beds and.eplace leggg. thin landscaping wrth Fresh plants and flowers- Exterior - Replace loose or damaged roof shingles, clean Ehe gutters, and parnt and caulk window Errm and doors. Repaint the front door an ege-catching color that complements the resL ot Lhe exterior. Replace broken windows Entru - Powe. wash sidrng. brick. windows. and porches paint or replace furnituie such as rocking chairs or porch swings. Replace mailboxes. light fixtures. door knobs o. ang othe. fixturc thaE looks less than Fresh. Put out a welcoming new floormaL Some parts of gour home mag require more work than oLhers, but ii s well wortir it to geL buuers eager to see what's inside CURB NPPEAL.. A FTRSTIMPRESSION THNT LASTS I TNFO 755-9337 |, Luthersanc rchRdPcoR9155 Tel€ Lulher Sanchez, Real EsLaLe Broker t***t 6rl Reviews ! Recent sates ZItu Sq€lnamc MajestrcBr oker Sold.r Srngle FamilU horne rn 2C15 ior approximatelq $lsOK rn Whrltrcr. CA a[-n]r r{r ,: _-,1**rt* As an out oi the a.ea Trustee fcr a home Ln Whitt'er, f was faced ryirh having to serl a drst!.essed propertu occupred bg an occupElnt unwilting to teave the o.opertg. Lut ,er Sanchez was wefiJ profeseonal, Bought a home 'n 2Ol5 Cai4/2c t e. .ar.eno:,a=,'7':t**ir t uther drsEraged a high tevelof profess'orlatrsrn desprte some challenges. Hes versatile and was ve.lJ accommodat,^g evc^ though we didnt quar fu for a wh,re. He kepl 'n contaci wrt l us and al ags answered Boughl a Srngle Famrtg home rn 2O15 rn La Mirada CA m|9uelh,guelm'qrelr*t*t* ffgour tookrng fcr great seturce. attention to ctetajt and an experie^cecuknowledgeable b.oke.then Lutrter,s gour gulJt Mg lam,rg and f are extrernetg sausfed with his gurdance SoLrght - Srngle Farnrlg hom= in 2Ol5 For approx'maLclg $85OK rn WhitL .:r CA - .jc, 1.:(_o:r!t***t I hawe a ve.V complcx fami\] and Luthe. made Che situat,on a_p€ce of cak€'- Luther handred the famrtg srtuauon rith a dencare touch He clam tlle nerves orm! rotks and exptained the e^tire process Sold a home 'n 2Ol5 rn DowneU R()ad plcg Riwera, CA 90660 ..-:-r:.s |/,-n]9***t* ',^/he6I fr.st met Luthe.I was bbwo awaq wrUl r.'s p3!,ence even afte.I warned h,fi I woutd .ea g.eed '! Luthe. educated me on the orocess t'me and t'me aga'n. atL *Frte berrE professlonal -rd cu.tous. .- a Srngle Famrlg home ,n 2Ol5 rn Norwalk.S(trld CA- ***t* fis weru 9mple. Luther goes goes al ouc Fc. hrs ctients. He macle mg familg and I feel like we were his nostimco.tent client a d we wrll atwags app.eciate rL Thank gou Luthed E|zillow NlY RAT]NGS AND REVTEWS ON ZTLLOW INTRO { sowone wfio sUnts out atoagst fris us ia Los jagebt rFam tfu staa, fu pfan art sabs stm*g. quib sinfi, Wtfrit 2 tueefo of tfre Estoq fr. b/oagfrt us a fat cufi offet at gE% oj flst r prwc[ to Ee cfiallcaging )et Lutfrer eflt le pbtzts. pfcasane to u.,otfi- alitL l{c is someone I wouf 6e frapg to wt{u,irt aga;L, Civil Engineen) -lllZcW of vemon poiice ofr cei C LIE N T TESTIfV O I.I IA LS .\ ; "!I Po&yt{litE CERTIFICATE OF LITABILITY INSURANCE TIi AcoRD oa. .nd t..o ... ,.ebina d.it ot COiOlcmo {2ttaral) cGFnicarE DrEt r|or ^roafivEly or rEcarTr/Elr rrEo, ErErc ox lliEe riE!-oi;i;ii-^#E;_J ilEE;iEgl:..3p-x1r1g15 9F u1u-rf_ - ,9=-!!l.cor-srmirr e conirE .iriiEEri-;: lasrr.o ..lrrnEf,lsr, aJrr*rRco :;;.:531."31-1=r.trL aih !dcr..6.r,qrkr -r.,!e;.i.nr r m-e- a,r c.. - -;;;;;ffi; xr.l.- r,Ee!...io.l rn ru.. a.wrc.,1z7lt Colau |liry a3 P-O. & t@' c..b! Ii.b., cr $92. tlit f!ll! 9155 Etcr^'t +aD9ICO IIrrEl,, c't tora60 ,cr Gw wrx iEsrEcr roIE ErN rs surJ€gr ro ulY € POfiCElt D€SCruED IE ErN ts surJ€gr ro u rH€ rEFus, l*b4.'rt;ar;ffiillluit 2l ratt tltrc L!a, rEtroc! rErDrElt can,, rro oare rroiiirrr.llro raircME rDlltotgrit nttuiE_ 1r! ptiB Avlta,tE, sr:B, Nir. o,r9ao cEinr l,, i!l! !att, !t4c/6 Eml-t ancrE aatl'tet, at.c ra lrrd. c lHor ar(,uro ^l., or ,x! lloya oElcir.G ,oucra aa crcllrlo aaroa!trc Erra rn o^rE i{rtor, xorEE rEL rr olridrlo lrlracoroaEt rfi fit ll[El ,i6ret!. ERRORS & OtvItSSION INSURANCE - IH l I 51'A'l-h. ()l (:Al.l [r()[t\lA De[)x n rrrenl ()1. Rrill E{at(' l<'rrlr\ Lillifi vt'L<:.I4cc l.rl - Real Estate Broker Liccnse Lulltcr Sanchcz lrn.ob.r Ot. !,rll '.; \.r<nh<,.lO.:ol! RfAL EST/TTE BROKFRS I TCENSE AFIII'AVTT OF NON{OLIUSION BY CONTRACTOR, STATE OF CALIIORNIA COIJNTY OD L(N ANGELES ) )rt ) 2u744 SbfanEZ , being fint duty sworn deposcs .nd s.ys thal harshe Is ,B<ope< As.w.tpE (LBo'S.Lo\.G...FDc...tlEllld. -S.Clr.rf, o. o.b FF lit) "f Uil7zrRl 2/ ,US7ZE' uho grbrnits her6/ h b ihc City of Vdrlrr a bidproposal: That all $atemerts of fact in such bid/pmposal lle tsue: Th.r s{ch blUFlq6.l rvas not lrrde h th€ inrsBt of q on hehalf of aty udisctocrd Frsorl Flmrship, comFiy, .3socidiotl. orgnizdon or coeo.allx: That sr-h bidiproposal is gefiuirc ard rot q-ollusive or sham3 That said biddcr har not, dirEEtly or irdirEcdy by agrccnrcnq mmmrnicarion or conferurce with anyonc artcmFd to induce aion pejudicial io [E inteltst of dE City of VermG or of ity orhcr bidder or anyone elsc intcftst€d in the pmposed coniracE ad futler Th&t prior b the pllblic opening ad r€ading of biddgoposats, said biddet: a Did not dir€caly or iirdircctly, inducc or solicit a[yone else to submit 8 false or sham bidpopcal; b. DA rct dlcctly r indircctly. colMc, csqftq connivc or agnr with nyulc ckc rha saidt*l& or aeysr clsc wouH stbmit a fdtc or stlllrr b$/Eopffil, or rtet en}IolE shouu rcfiain fiom l*Xirg or wlh&ar hiriber bll/6o9osrll c. Did mt in lly rEnncr, dir€crly or idirlctly *cL by egr€EnErt conuruoicaba or colfcncc with urlooe b mise or fu 6e bid/plDfd Fi:e of satol t*lder or of myolr clsq or o raise or iu my ovcrtcad, ptof or c6r clcl!.d of his/ber biauro0dl Ficc or of thc of ]lyoE ehei d. Did not, .Irccrly or irdir€cly, $bmir hirrtE bii&mFosal pfic! or liy &!.&&En dt€teof, r drc coot'rs trreo( or divulge infonmix r &n rehivc tlErrto, to , coryoratim. prtsrhip, congny, associarkxl rrgarizatidt bid dqcibry, or to lrty trErlhrf or qcr{ tlucof, or O ry indivirfud r gmp of iadivktdr crctTr thc City of Vorq a o ary prson or p<sors uto hevc a pgtrcrshh or othcr frriel inlercst rirh seid bildcr ir hi rr hrfus& I certiry uder pcrlalty ofperjury ahat the above infomtatiorr is coE€ct *,f '{ ? rirht ERok* Assoer,+rE D?j,r- A-ZZ-tg EXHIBIT C RESIDENTIAL LISTING AGREEMENTS 17 t. EXCLUSIVE RICHT tD SELL: RESIDET{TIAL LISIING AGREEMENT (Erclusive Auttorization and Right to Sell) (CA.R- Form RLA, R.vit d 1ll13) Vemon Citv h6r€by empioys and granis ('S€ll6d) ('Broke/) b€ginning (date)at '11:59 P.M. on (dat6)P6riod') the exdusive and in€vocable right to s€ll 0r axchango the real prop€rty in he Cty County of Los Anqsres . Ass€ssol's Parcsl No. 632041$272 California. described as:6036 Staflord Ave fProp6rty"). ItEtlS EXCLUDEO ANO INCLUDEO: Unless otheMise sp€cified in a r.al $tate purciase agn €m€nt. all fixtur€s and fittings fnal ant attach€d io th€ Prop€rty are induded. and p6rsonal prop€rty items are excluded, trom the purdrase price. ADDIIOIiTAL ITEi'S EXCLUOED: AOOINONAL I1EMS INCLUOIO: S€ller intends that ths above itcms b€ exdud€d or included in otf€ring th. Proparty for sal6. but understands that: (i) tha purdlas. agreament supersadeg any intention expr$sed above and will ultimalely detsmina which items are oxduded and includ€d ln fie sab: and (ii) Broker B not resPonslble for and does noi guaranE€ hat th€ above exdus*lrc and/or indusiorB will be in th€ purEfiasa a9rcamsn! USTIT{G PRICE A D IERMS: A. The listing price shall betfhree Hundrcd Ninetv-Eiqht fhousand Dolla13 (5 398.000.00 B. Additionai T8rms: COMFENSATTON IO BROKER: Notlce: Th. amount or rate ol real estate commisslons ls not fred by law. They ara sat by each Brok.r individually and may ba negodable b€tryren Sallar and Erok€r (real estata commisslons lnclude all comp.nsadon and faes to Brok.r), A. Seller agr€ss to pay to Broker as comp€ radon for latbnshtp(s), Btther I S.OOO percam ofth€ llsting pnca (or il a purchass agreem€nt is en or S ANB as follo\./s: (1) If dunng the Llsting Period. or any extEnsion. Broker, cooperating brok6r. Seller or any other peGon procures a ready, willing. and able buyer(s) whose otl6r to purchass th6 Prop€rty on any pric6 and terms is acc€pted by Sell6r. povided fie Buyor compl€tas the transaction or is prEvented trom doing so 5y Seller. (Broker is entitEd to componsation whether any escrow rosuitng from such of€r closes during or afler the expiration of $e Usting Period, or any ext€nsion.) OR (2) lf,./ithin 30 calendar days (a) ell€r th€ €nd ol the Listing Peiod cr any ext nCon: or (b) aiter any cancellation ot oris AgBement unless oEterwise agre€d, Seller snters into a cantract to sell, conwy, lease or othen/,isa transfar tr6 Property to anyone ("Pr6p€ctiv€ Buyef) or that person's r6la€d entty: (i) who physicelly entsrBd and was shown the Prop€rty during th€ Listing Period or any extension by Broker or a cooperating brokgr: or (ii) fb|whom Brok€r or any coopeEting broker submitted to Sell€r a signed. wfttEn oriar to acqulr6. l€aso. sxchange or obtain an option on the Property. S6llcr. however, shall have flo obligation to Broker und€r paragraph 4A(2) unless. not Iater than 3 calendar dayE aier flI€ end of thg Listng Period or any exiension or cancelladon. BroKgr has giv€n Seller a .rritten notcr of th€ nam€s of such Prospoc{ve Buy€B. oR (3) B. lf completion cf thE sale is prevented by a party to tho ransaclion other tlan Sell6r, trl6n compensation dua undsr paragraph 4A shall b€ Payable onty it and ,,i/hen S€ller collects damages by sult arbitration. settlement or ofi€rwiso. and ,.hen in an amount 6qual to ihe l€sser ol one+alf ot ths damagos recov€rad or th6 above compsnsauon. alt6r first deducljng ti'tls and esqow exp€nses and ile Exp€ns€s of collecdon. if any c. o. ln additjon. S€ller agrses to pay groker Seller has b€€n advis€d ol Brok€fs pollcy rogarding cooperalion with. and Ele amount ot compensation oibrsd !o. oth€r brokers.(l) Brok6r is authonzgd to coop€rate with and comp€nsate brokers participating throlgh OlE multipls llstng service(s) ("N|LS') by ofonng to MLS brokcB out of Brokels compensation sp€eified in 4A" €i$et X 2.5@ perccrt of th€ purchase price. or . S _.(2) Broker is authorized io ccop€rate with and componsate itrokeIs op€rating outsido th€ MLS as per Broke/s policf i (1) S€ller reprEs€nts mat Seller has not prevlously €ntered intc a listing agrB€rngr with another brokor.Egarding tte Prop€rty. unless sp6cifled as lcllows: (21 Seller,,vanants that S€ll€r has no obligation to pay compsnsation to any otler bmksr rBgarding fte Prop€rty unless th€ Prcperty is transfered to any oftho fl3llowing individuals or entitiEs: (3) lf the Property is sold to 3nyone listEd abovE during the time Seller is obligatEd to compensate another broker (i) Brokar is not 8nt'Ued to comp€nsation undar this Agreem€ni; and iii) Broker E not obligaled to represgnt Scller in such transaction. O 2013. Califomra r'ssoc,aton of REALTORS lnc Selbfs Inftals (_ ) ( )/.4.t=r.a1;L.-'RLA REVTSEO 'fil13 (PA6E r OF 5l C6Er X -r!6E9rlS T.Lti+r.$r:rl n6rPi! Er.rI' Cl n*[ PicE (t 9r!3tja? Far (a:) raj-]:ra @Ja SEE|rd_{EL!rLrs...la F odlc.d n1'l ?DFd.€ by lplogq 'iE7o F,na€n \i6 R&x, Fn$r MlcnEan tgr26 Property Add16ss: 6Gt6 SEafTord Ave Huntinoton ParR, CA 90058 Oaj€j Sept€mbet 1,2015 5. A. MULIIPLE USTT}IC S'RV}CI: Brok6r is a participanusubscribrrr to Mul0ph LBting S€Mce (MLS) and pos3ibly otiers- Unloss otherwis. insuuctad ln \trl ng the Properly will bo list d with trc MLS(S) 3pecillEd abovr- That MLS is (or il ch.ckrd - is not) th. primary IVILS for ths goognrphic arEa of the Property. All t6rms ot lhe tr8nsactlon. lndudlng sales prica and financing. if apPlicable, (i) wilt b6 provlded to ule MLS in which the property is listsd tur publlcaton. disseminalion and us€ by porsons and €ntitl63 on terms approved by tho MLS and (ii) may be provided to the MLS even if the Proporty is not list€d with the MLS. other poriod oI flm6 all6r all necassary signatur$ have been obtained on the listing agrB€mgnt Brokor will not have to submit this tEting to Ble MLS il within that dm€. Broker submits to the MLS a brm signcd by Ssller (CAR. Form SELM or the local equivalent form)- C. MLS rul6s allow NILS data to be mad€ available by the MLS to additional lntemet sit6s unless Brokor giv€s fie MLS instuclions to fi€ confary. Soller acknoAdedges flat lor any of the belorr' opl-out instruciions to b€ efl€clive. S€ller must maks tiem on a separate instruclion to Brokar sign6d by Sellor (C.AR. Form SELI or th. local Equivalfft form) Specific inlomation that can be exclud.d trom the lntemet as p.rmitbd by (or in accordance wilh)the tulLS B as tollo,,vs; (1) Property Avallablllty: seller can ln5ruct 8rok6r to hav€ thB MLS not dEplay th8 Prorrty 0n ths lnlemat. (2) Prop€rty Addrossi S€ll€r caB instsuct aroker to havg the MLS not dlsplay the Propcrty address on th€ lnt met. Soller understands thal th6 aboye opt-outs would mEan consumers searching for llsfings on the lntemet may not s€e the Propety or Prop€nys address in r€sponse !o th€ir searE l- (3) Featurc Opt€uts; S€ll€r can insiruct Broker to advis6 the MLS that S€ller doe3 not want visitoG to MLS Panicipant or Subscriber Websites or El€cfonic Displays that display tha Property listing to have th€ teatures bel6r. S€ller unde6tands (i) that th€se opt-outs apply only to W€bsites or Electronic oisplays ol MLS Participants and Subscrib€E who ara raal astate brokar and ag€nt members ol the MLS: (ii) that other lntem€t sitos may or may not have the foatures set iorth he6in; and (iii) fiat neither Broker nor the iILS may have the ability to control or block such features on oth€r lntemst sites. (a) CommanB And Reviev6: Th. ability to t^/fite commenE or reviaws about tha Pmperty on ihosa sita3: or t16 ability to link to another site containing such commonts or rulvisws il the link is in immediate conjunction with the Property. (b) Automarad Esfmata Of Valu€: The ability to create an aulomalad estlmate of value or to llnk !o another site containing such an estimate of valu6 ilfie link is in immediate conjunetion wi[l'tha Pmpel..]. Selloislnrtals(_l(_)6 RLA RIVTSED 1rlr3 (PAO! 2 OF 5) RtSrDlHnaL usnNc AorlE ENT. txcLusrw (il.A p^oa 2 oF 5l ,rodJcld ,rn zpFqrto by ap(5Sy 180I arnlen rrrt Ro.d F6g VEtrllsn a&I25 !4E44fgrcCtr BIiIE;ITS OF USING I{E MLS: IMPACT OI OPTIT{O OUT OF THI MLS; PRESENiNO ALI OFFERS WHAT lS AN MLS? Th€ MLS is a databas€ ol properties tor sale that E availabla and dlssaminat d to and aca€ssible by all other real estat€ agerrt3 who ar6 participants or subssib$li to th€ MLS. Property intormatjon submit6d to th€ MLS de3cjib€s the pricE. terms and conditions undEr wiich tho Selle/s propcfiy i3 otLrBd for sals (including but not limit d to the litting broke/s oli8r of compercation to other brckeIs). lt is llkoly that a significant number of real €siate practitionets in any given arrea arB ParticiPants or subscrib€rs ro the MLS. The MLS may also b€ part of a reciprocal agrE€rrgnt b wilich oth€r muliiplo llsting seMc€s belong. Real sstata agents bahnglng to other muruple listing servic€s that hav€ reciprocal agro€ments with $e MLS also have acaa3s to tha intormation submitted to the MLS. ThE MLS may turth€r Eansmit the MLS database to lntgmgt site3 that post poperty lisnngs onllne. EXFOSURE IO BUYERS THROUCH MLS: Listing property with an MLS oxpos€s a sollofs prop.rty to all r€al estate .g6nts and brokE6 (and their potential buyer clionB) )vho are padcip6nts or subssib€rs to th€ MLS or a rsciprocating MLS. CLOSEDTPRMTE USTlllG CLUBS OR GROUPS: Clos€d or prival€ listing dub6 or grouPs are not fi6 sam€ as the MLS. The MLS rBlerr8d to abov6 is acJessiblo to all Eligibl6 real estate licEn3€es and provides broad €xposur€ for a lEted property. Privat€ or dosed listing clubs or group3 of licensees may hava be€n form€d outside th€ MLS. Pnvat€ or do$d lBtlng dubs or groups are accsssible to a more limitBd numb€r of licgnss€s and generally off6r less exposure for listed property, Whether listing pop€rty through a closed. private nst/ork - and Excluding it from rle MLS - is advantageous or disadvantageous to a sell6r, and why. should be discussed with $e agent taking the Sell€/s listing- NOT USTING PROPERTY lN A LOCAL MLS: lf the PropBrty is list€d in an MLS which do€s not cover he geographic arBa wherB fie Property is locrted $en real estate 3gents and brokeB working that tenitory. and Buyers they raprasani looking for pmperty in the neighborhood. may not b€ aware the Prop€rty is for sale. OPTINC OUY OF IiILS: It S€ller €l€cts to exclude the Property trom the MLS, Seller understands and acknowlodges that (a) r€al estate aggntg and brokers llom other real estatB ofices. and their buyer clients, who hav6 aceess to tlat NILS may not b€ aware thal Selle/s Property is oilarcd for sal6: (b) lntormation about Sgllgfs Property will not b€ transmittad !o various real Estate lntem€t sites fiat are used by the publlc to search for pmperty listings; (c) r6al €state aggnts. brokers and metnbeIg of the public may b€ unaware of t.he terms and conditions underwhich Sell€r is marketing fte Poperty. REOUCTION lN EXPOSURE: Any reduc on in expGure ot th6 Property may lower fie numb€r of oflbIs and negativeiy impact ttre sales price. PRESeNINC ALL OFFERS: Seller undersiands that Broker must pr$ent all ofiars rac.iv6d fbr Sell6/s Property unless Seller gives Broker\"fitten instnrctions to th6 contrary. Brok./s lnit.b 6036 S.,ftord Ave 8. 9. Property Address:oat:S@EE!J,.g!!_ 6. SELLER repftrsrrnt3 is unaware ol1 (i) any Not'c. ot Default reco6ed against El6 Prop€rty: (ii) any delinquent amounE due undor any loan s€c1lred by. or other obligation afEcling. th€ Propeny: (iii) any bankruptcy. insolv€ncy or simihr proceeding afi.cting hc Proporty: (iv) any litigation. arbitration. adminislrative actiori, gov€mmont invsstigation or cthgr panding or Urroatan€d acljon lhat atleds or may allect th€ Prop€rty or S6[efs abllity to fansfEr it; and (v) any cun8rll p€nding or propos€d special ix]s€ssrents allBdlng th€ Proporty. Seller shafl promPty notily Broker in wriling if Seller b6comes awar6 of any of [las6 items during ule Usting Period or any extension th€rcol 7. BROKER'S AND SELLER'S OUIES: (a) Bokar aEre€s to exerciso reasonablo efhrt and due dilbenc6 tc achieve hs purposes of $is Agraement- Unl6ss Seller gives Broker writen instructions to the clntrary. Bloker rs authorized to (i) order reports and disclosures as nece3sary (ii) advertise and markat [1€ Property by any mathod and in any medium s€l€aled by Broker. induding MLS and the lntErn€t and. to the extgnt p€rmitted by thoaa media. control th6 dBseminstion of the infomation submltted to any madium: and (iil) disdos6 to any r6al €stata lic€nse€ making an inquiry the racalpt ol any oflers on lhc Property and fi6 ofibring prlce of such o1I6E. (b) Sell€r agrees to comidgr ollbr3 prBserded by Broker and b ad in good faifi b accompllsh the 3ale of he Prop€rty by. among other things. making $e Propefiy available for showing at roasonable tjm€s and, subjeci to paragraph 4F, refbrlng to Broker all inqulries of any party irter$l€d in Ul€ Proper'ly Soller is responsible for d€termining at \t,llat pricE to list and sell the Prop€rty. S€ller turther agr€€s to ind€mnify. dafsnd and hold Broker haml.ss tom all claims, disputas, litigalion. judgm€nE attomey fees and casts ansing lrom any in@nod inbrmaflon supplied by Sell6r. or from any material facts that S€ller knows but failg io disdos€. DEPO3lt Broker is authorized to accept and hold on Sello/s behall any d€posits to be applied toward the purciasa price- ACENCY RELATTONSHIPS: A. Disclosur€: If the Properry indudos residential proparty wi$ onlto-four dvr.lling units, Seller shall rgcoive a 'Disdosure Regardlng Agency RElatonships" (C.AR. Form AO) prlor to enterlng inlo ulB AglB€m€nt B. Seller Ftepres€ntation: Broksr shall represant 56116r ln any resulting transastion, excapt as spscifled in paragraph 4i C. Possiblg DualAgency Wlth Buyer O€p€nding upon the circJmstances. il may b€ noc€ssary or appft)priate for Brok€r to act as an agent tor both Sgll€r and buyer. Exchango party, or one or morE addruonal padias ("Buyel.). Broker shall. as soon as pracllcable. disclose to Seller any election ic act as a dual agent ropros€nting both Seller and Buyer. It a Buyer is procured dirEctly by Broker or an a$ociate-iicsm$ in Broke/s fim, Sefl€r hereby cons€nts tt Brokgr acling as a dual agsnt for Seller and Buyer ln th6 evant ol an exchange. S€ller herBby consenb E Eroker coHectng compansd,on from additonal parti€s br servic€s r€nder€d- pmvided thgre is dlsclosur€ to all parti$ ol such aggncy and compomation- S€ller und€rstands and agrg€s that (i) groker without thE prior written cons€nt of Sell6r. will not disdos€ to Buyer tlat Se er ls willing to sell tie Prop€ny at a pnce bss than fle listing pric8: (ii) Brcker. without th€ p,ror written consEnt ol Buyer. will not dlscloss to S€ll€r that Buyer is willing to pay a price groater than the ollered pricg; and (iii) .xcept for (i) and (ii) above, a dual agert is obligated to disclose known facts mat€rially afbcting th€ value or d€sirability ofthe Property to both partles. O. Oth6r Sell€rs: S€ller understands that Broker may havc or obtain lEtings on other pmperti$. and that potential buyeE may consider. makg of,ers on, or purchase through Broker. property th€ same as or similar to Selle/s Property S€ller cons€nts to Brokefs representation of seller3 and buyers of other prop€rti€s beforE, dunng and afiEr fie end of this Aglaement. E. Confirmation: lf the Property includss residential propsrty with one.to-four dwelllng units. Broker shall conllrm the agency relationship describgd above. or as modified, in Miting. prior to or concurTent with Selbfs €x€cfton of a purchase agr€ement. t0. S-CURITY AND INSURANCE: Broker is not rgsponsiblE for loss ot or damage to p€rBonal or rgal pop€rty. or p6rson, whether attributabl€ to us€ of a k6ysafe,'lockbox. a sho,ving of [i6 Proporty. or otherwise. Third parties, induding, but not limit€d to, appftlr*rrs. inspactors. brokers and prospective buyeG. may have accrss to, and take vld€os and photographs of. fie intorior of th6 Property. Sell€r agrees: (i) to tak6 reasonable pBcautons to safeguard and protect valuables filat might be acc€ssiblg during showings of the Properi/: and (ii) io obtain insurance to protect against thes€ risks. Broker does not malnEin insurancE to prot€cl Sell€r. II. PHOTOGRAPHS AND INTERNET AOVERTISING: A. ln ord€r to €flectively mark€t thg Pmperty for sale it is olt€n necessary to provide photographs, virtual rours and other media to buy6rs. Sell€r agrees (or _ if chec.ked. do€s not agre€) that Broksr may photograph or oth6Ms6 gbcfonically caprur€ imag69 of hs ext€ior and interior of the Property ('lmages') for static ancuor virtual tours of the Property by buyers and others on arok6/s website, th€ MLS, and orher marketing sites. Seller acknowledges that onca lmages are placed on the lntgmot neither groksr nor S€ll€r has contol over v/ho can view sudr lmages and what use v6w€rs may mak6 of the lmages, or how long such lmag€3 may remain available on the lntemet. Sell€r fur$ar agrBes that such lmages are th6 prop€rty of Brokgr and that groker may use such lmages for advortis€ment ol Arokels busin€ss in the futur€. B, Sell€r acknoluedges that prosp6clive buyeB andor oth6r persons coming onto th€ prop€rfy may take photographs, vid€os or other imageg ol lh6 property Seller undersiands that Broker do€s not have ule ability to control or blocl ths taking and use of lmages by any such persom (lf ch€ck€da Sell€r instruds Brokor to publlsh in the MLS that taking of lmages is limited to thGe p€rsons preparing Appraisal or lnspeciion reports- Seller acknowl€dges fiat unauthorized persons may tarke imag€s who do not have access to or have not rgad any limiting insbuclion in fie MLS or who take images regardl€ss of any limiting instruclion in tle MLS. Once lmages aro taken and/or put jnto electronic dlsplay on [le htemot or oth€nvis€. neith€r Broker nor Seller has contsol over who vie.,vs such lmages nor what use view€B may make ofthe lmages. 12. KEYSAFE/LOCKBOrc A kEysafs/lockbox is designed to hold a key to the Prop€rty to pormit access to Aro Prcporty by Broker, cooperating broke6, i/LS particrpants. their authonzed licensees and reprg$ntativet. authorizsd inspectoB, and accompanied prosp€clive buyers Broker, coop€rating brokers. MLS and AssociationsBoards ot REALTORS@ are not insurers against injury, theft, loss. vandalism or damag8 attibuted to ih6 use of a k€ysaf€llockbox. Soller does for f ahecked ] does not) authorize Bmker to install a keysafellockbox- lf Sell€r does not occupy the Prop€rty. Seller shall b6 responsible for obtaining occupanl(s)' ,rritt€n permission lor use of a keysafe/lockDox {CA-R. Form KLA). RLA REV|SED 11'13 (PACI 3 OF 5l RtsrD${n^t uslrNo AcRtEMtNT - txcLusrvE (RtA PAGI 3 oF 5) Seiler's lnrbaJs ( _) (_'6 6(R6 S',,fottl Ave Ptopeftt Addt 3s: Hut tinqton Park, CA 90058 Oate: Sepiem66r ,, 2Or5 13. sloN: SEIler does (or if checksd - doe3 not) aufioriz. Brok.r to iNtaI a FoR SALE/SoLD lEn on $e pmperty. l,l. EOUAL HOUSINO OFPORTU ITY: The Property ls olbred in compllance wiih f6d€ral. siate and tocat anti-discrlmination laws. 15. AfTOII.|EY FEES: ln any aclion. poc$ding or aftiFation betw€en S.ll€r and Brokcr r.garding the obfgation to pay compensrton und.r mis Agro€ment- the prevalllng Sell€r or Broker shall be entited to rgasonable atbmey lbes and costs trom th6 nonfrevaiting Sell€r or Broker. except as providod in par.graph 194. 16. AODITIONAL IERMS: ' REO Advisory Usting (CA.R. Form REOLIi-j Short Sale hlbrmation and Advisory (Ct-R. Form SSIA) Addenclum (C-A,R Form) Nl seles aN a sal. tems end c.rlditions arc sublect ao linet approvat by the Clty Councit lor lhe City of Vemon. 17. IIIAiIAOEMENT APPROVAL: lf an a$oc6t€-liconsso in Brokefs otfics (sal.sp€rson or brokor-associate) enteB into tlis Agreemont on Brokg/s behaf. and Eroker or Manag€r does not appove ol its tBrms, Bok€r or Manager has the dght !o cancal fiis Agra3ment. in ,,riting, within 5 O.ys After its execution. 18. SUCCESSORS ANO ASSIONS: This Agreement shall b€ binding upon Seller and Seltofs successors and assigns. 19. OISPUTE RESOLUION: A. MEDhnoN: SellEr and Broker agre€ to mediate 3ny dispute or claim arising bEtween th€m ragarding the obligation to pay compensaion undsr this Agreament before resorting to arlcitration or court action. Mediation f€€s. it any, shall be divided Equally among h€ parties hvolved lf, for any disprrte or claim to which his paragraph appli$. any party (i) comm€nces an ac1lon without first attempting io resolve thE matter through medialion. or (ji) belbro commoncemant of an action, rafuses lo m€diate aller a request has b66n made. th€n that party shall not be enti06d to recover attomey fees. Even if tfi€y woutd otherwise be available to that party in any such action. THls MEDIATIoN PRoMstoN APPLTES WHETHER oR NoT THE ARBITRATION PROVISION lS lNlTlALE0. Exclusions lrom this m€diadon agr..ment are spncifl.d in paragraph tgC. B. ARBIIRATION OF OISPUTES: S€ll6r and Brok.r agree t lat any disput. or cltim in Law or €quity arising b.tw..n them rugarding th6 obtigation to pay comFEnsation undor this Agre.m.nt, which is not setd.d thrdjgh m.dlation, shall bc d.cid.d by neutral, bindini arbtB-.tlon. Ths albltrator shall be a retlred iudg. orJustlce. or an attomey wtth at l.ast 5 years ot rosidenflal reet estata Law exparience, unlass tha Plrties mutualty agrea to a difarent arbibator. Tha pantos shall haye the right to discovsryln accordance wlth Cotl€ of Civil Proc.dure 51283.05. ln all ottxr rosp.cts, th. arbitraton shall b. conduct€d i; accordanc. witi Titl. I ol Part 3 of thc Codo ot Civil Proc.durr. Judgm.nt upon th. award of the arbiFato(s) m6y bo entered into any court having lurisdiefon. Entorcoment ot this agr..ment to arbitrata shall ba govamad by El9 F€deral Arbitradon Act Exclusions lrom this arbiEation agrr.mcnt are spacmrd in paragraph lgc...NOTICE: BY INITTAUNG IN TI{E SPACE BELOW YOU ARE AGREEING fO HAVE ANY OISPUTE ARISINO OUT OF THE MATTERS INCLUOEO IN THE 'ARBITiATON OF OISPUTES' PROVISION DECIDEOBY NEUTRAL ARBITRANON AS PROVIOED BY CALIFORNIA LAW ANO YOU ARE OIVING UP ANY RICHTTi YOU MIGHT FOSSESS ?C' HAVE TI{E DISPU?E UICATED IN A COURT OR JURY TRIAL. BY II{IIIALING INIHE SPACE BELOW YOU ARE GMNO UP YOUR JUDICIAL RICHTS TO OISCOVERY ANO APPEAL, UI{LESS THOSE RTCHTS ARE SPECIFICALLY INCLUOED IN TI{E 'ARBITRATION OF OISPUIES' PROVISIOI{. IF YOU REFUSE !O SUBMIT TtI ARBIIIATION AFTER AOREEING ft' flIS PROVISION, YOU MAY BE COMFELLEDTO ARBITRATE UNDER TI{E AUTHORIW OF TI{E CAUFORNIA CODE OF CIVIL PROCEOURE. ACREE 11, SUBiIIT OISPU1ES ARISINO DISPUTES' PROVISION TO NEUTRAL YOUR AOREEMENT Tt' fils ARIIYRANON PROVISION IS VOLUNTARY." "WE HAVE READ AND UiIOERSTANO THE FOREGOINO AiID OUT OF NiE MATTERS INCLUDIO IN fiE 'ARIITIAIION OF ARBIIiATION." lnitlals / Broko/s lnitlals I C. ADOIIONAL MEDIATION ANO ARBITRATION TERMS: Th6 followlng matt rs shall b€ excluded liom mediation and arbiFation: (i) a judicial or nonjudicial foreclosure or other aclion or proceeding to onlorce a do€d ol trust, mortgage orinstallm.m land salc conEact as deflned in Civil Cod. S2985i (ll) an unlawtut d,atalnsr.c6on; (lii) trr fiiing or ellforcom.nt of a m€chanis's li€n; and (lyl any mattar that ls rvithin the jurlsdiction of a probato, small claima or bankruPtcy court fh. filing of a court aclion to enablo tlla racording of a nodco of p.nding ac$on. for ord€r olattachm.nt recolvorshlp. lnluncton, or othor provlslonal remldlos, shall not sonstitjta a walvir or vlolauon ol th€ madlatlon and arbit?tlon proyisions. Selle/s lnrtrals (_ ) ( ) RLA REVISEO 11fi3 (PACE /r OF 5l RESIOIIiIIIAL UsING AOREEMEIIT. EXCLUSIVE (RI.A PAOE 4 OF 5} Pro.tuced *ih apF,rro Dy aofo4d 18070 Fd!e6 [o. R@d i.e., rn j!!, a@2 t, M ..Ld(. Property Addrs$: 6036 S',ftor.l Aw Huntindton Paii CA 9Cn58 Oat6: Septembet 1 , 201 5 20. El{TlRl AORlltlEl{T: All prior discussions. negotiations and agre€menE behvesn the parties concaming the subFcl matter of fnis Agrsment are superscded by this Ag(rm6nt, which constitutes the entire contr ct and a complete and exclusiYc expresron ol lheir agreament, and may not be contradictad by evidenca of any prior agrB€ment or contampo6neous oral agroamenl lf any provision of this Agrg€ment is hsld to be ineli8ctivs or invalid. $e remaining provBion3 wlll n€verthsless be gtuan full forca and ellact This Agrgem€nt and any supplemcnt. addsndum or modifcalion. induding any photocopy or facaimil6. may bo .xecuEd in counterparis 21. OWNIiSHIP, IITLE AND AUTI{ORITY: Ssll€r warrants trat (i) Seller is fie orn6r of trle Prop€rty: (il) no other persong or entitjas hav. title to the Prop€rty: and (iii) S6ll€r has the authortty to both execu!. [lB Agreemed and tell tho Prcp€rty. Exccptions to owneBhip. titls and authority are as follows: I REPRESENTAIVE CAPACIW: This add€ndum is bsing slgned for Sellerby an indMdual acling in a Ropos.ntawe capacity as sp€cifisd in the attached R€presentatiye Capacity SEnature Disdosure (C.A-R. Form RCSO). Vvh€r.v€r the signatur€ or initials of th. roprEsentaiive identm€d in the RCSO appoar on filis Agra€mont or any r€bt6d documenB. it shall b€ d€€m6d to be in a rePresentative capacity br the edity describ€{l and not in an indMdual capacity. unless otheMise indicated. Seller (i) rsprEsenE trlat he antty lor whicfi th€ individual is signing already Bxists and (ii) shall Dellv€r to Broker. within 3 Days Aftar Execution of tris Agreemsnt. evidenc6 of authority to acl (such as but flot limited to: applicabl€ fust docum€nt or portion thereot lettErs testamantary. court order. pow€r of attomey, r$olution, or tofmation doanments 0l th€ business entity). By signing b.low, S€ll.r acknowledges that Sallor has r.ad, und€rstands, recsived a copy ot and agrees to the tarms ol this Agraemant S€ller Dato Address State _ Zp Telephone S€ller Date Address zipctySiate Tel€phone Fax Email Real Estate Brokar (Fim,l Centuru 21 Allstarc Cal BRE Uc. + 0r?80965 By (Agent)Luther Sanchez Cat ARe Lic r 0122U61 Date Address 9t55IereqraDh Rd 2nd Floor City Plco Rivea Telephone (56217519387 Fax (562)j81-714) Emall maiesticbrckerl@qmail.com F\ldBned afld D6Ertuted oy REAL ESTATE BUSINESS SERVICES INCa b$tary ol ltE Calituna A"ssoc,?fion ol REALTOR . 525 South Vlrgrl Avmue Los Ang€les Ca$lbma glmo DY _ oate RLA RtVrSlO r r/13 (PAGE 5 OF 5) RtsloE rAL uslfi{o acREEMtNT €xcLUStvE (RLA PAOE 5 OF 5} irodred#n!a.FdnebyzirtclErm70F'neenM6RoaoFraserr4cnqar4026,hwalLaor.m srat6 cA zp 90660 3 1991-2013 C3ftmra Assoodon cr REA-TORSo rm LJniEd Sat6 coBrEnr Env (-' rE 17 u S CoCr) a,otcs fle unausorAed d'$errirn dEpEy and repodLElbn ol frs lorm ff any ponion h€feof Ey photocoEy machine 0r anl ofier nEans including ra6ln e or compuErizeo lbfinaas. THIS FORrll FIAS BEEN APPROVED 5Y THE CAUFCRN1A ASSOCIAIION OF FIEALTORSA (C AR ) NO REPRESENT, ATICN lS ltlAOE AS rO ]HE LEGAL VA]-lDrY CR ACCURACY OF AN./ PRO\'ISION IN AI{Y SPECIFIC TFIANSACT]ON A REAI- ES.'ATE 3ROKER IS]:hE PERSON OUAUFIEg TO AOVISE ON REAL ES-ATE IRANSACTIONS IF YOU DESIRE I.EGAL OR TAX ADVICE CCNSULT AN AFPRCPRIAiE PROFESSICI{AL /4. -';--';' SELLER'S ADVISORY (CA.R. Form SA, Rovir.d 11/'i3) Propafi! Adcra*! 6035 Staffotd Ave, Huntinoton ParR. CA 90058 i'Proporty') 1. INfROOUCTION: Solling prop6rty in Calitbmia 13 a proqrE that invotuns many st ps- From starl to finBh. it could take anywhBre from a fer,v weeks to mafly months. depending upon the condition ot your Property. local markat conditions and other hctoB. You have already tak6n an important flrst $ep by llsting your Pl1]perty for sale wlth a llcensed ftral e3tate broker. Your brok€r will help guide you through U1e proc6$ and may refer you to oth€r professionaB. as n€ed6d. This advilory addresses many ulings you may n€ad to think about and do as you maftet your Property Some of tl6s6 things ar6 raquirern€nts impG€d upon you, eifler by law or by tis listing or sale contracl Oth€rs arB simply praclical matters thal may ads€ during th€ process- Please read this docum€nt carefully and, ifyou have any qqestions, ask your broker or appropriata legal or tax advisor for help. 2" OI3CLOSURE3i A. O.n ral Oisclosuri Outles: You mrct afirmawely dlsdosa to 0la buy6r, in writing, any and all kno,]m facts that materially albct th€ vrlu6 or desirability of your Pmpeny. You must disclose th6s6 tac19 M.thar or not ask6d about such matteB by th6 buy6r. any broker. or anyona else This duty to disdoss appli$ Even if th6 buyer agre6s to purcha3e your Prop€rh/ in its present condifon without r€quiring you b make any ftrpairs. lf you do not know wiat or ho,!r' to disdose, you should clnsult a real estate attomsy in Califcmia ol your choosing. Brok€r cannot adviso you on the lagal suftci€ncy ol any disclosuras you make. lf tha Prop€rty you are selling is a rsidence wi$ one to four units except lbr cartain 3ubdivi3ions, your broker also has a duty to condust a r€asonably competent and dlli!€nt visual imp6ction of fie accossible antas and to disclos€ to a buyer all adversg matorial facts that tho inspeclion rev€als. lf your broker discoveB somefiing fiat could indicaie a prcblem, your brokor must advBe [le buyor- B, Stahnory Outl33: (For ons-to-four R6sid6ntial Linits): (l) You must timely prcpare and deliver to thE buyer, among other thlngs, a Real Estats Transfer oisdosure Statsment (TDS"). and a Natur.l Hazard Disclosure Statemed ("NHD'). You have a l6gal obligatlon to honostty and completely fill out th6 TDS form in its entir€ty. (Many local ontiti€s or organizations havs their own supplement 6 Ul€ TDS fiat you may also ba asked to mmplde.) The NHO is a statoment indhding 'rheth€r your Property is in c€rtain d$ignated ilood, fir€ or earthquak€r's.ismic hazard zone3. Thirdfarty pmf€ssional compani€s can holp you with this task. (2) ocp.nding upon th. age and typ€ of corBtruction of your Property. you may aBo b. r€quiEd to provid€ and, in €rtain cas6s you can recaiv€ limitgd lcaal prottdon by providing, the buyer wih bookl€E entided The Homsowne/s Guide to Esrhquak€ Satsty." 'Th€ Comm.rcial Pmperly Own€/s Gulde to Ealfiquake Sahty.' "Proted Your Family Fn m L6ad in Your Home'and "Environmental Hazanls: A Guid6 For Homeov,m€rs and BuyeB." Some of these booklets may b€ packaged togEther fur your convanience. The earthquako guldes ask you to answor specific qu$lions about your Propsty's strudure and prEpaEdn$s for an earthquaka. lf you are r€quired to supply fie bookl6t abod ,ead. you will also be requirEd to discloso to 01e buyer any known lead.based pairn and load.based paint haards on a separate brm. The Environmental hazards guide informs the buy6r ofcommon €nvironmental h6zards that may b€ lound in propenies- (3) lf you know thar youI property is: (i) located within on6 mile of a form$ milltary ordnance locaton; or (ll) in or aflecled by a zone or distict allo,,,/ing manufdctJring, commercjal or airport U3€. you must disdose this to he buyer You are also requiGd to mak6 a good faith Eflort b obtan and dslivcr to he buy6r a dilclo3ur6 notice from [le appropr,atg lccal agency(ies) about any special tax levi€d on your Prcperty psrsuant to th6 MellsRoG Community Facilities Ad. fie lmprovemont Bond Acr of 1915. and a notica concaming ths corFactual assessm€nt provided by sedion 5898-24 of fie StsBats And Highways Code (coll6ctiv€ly,'Sp6chl Tax Disclosurss'). (/f) lf 'fi€ mS NHD. or lead. military ordnanc€. commgrcial zonE or Special Tax oisclosures ar6 provided to a buyer after you accept that buy€as oflbr, th€ buy€r will have 3 days aft€r delivery (or 5 days if marled) to termlnata [l€ o,ier. which is why it is gxtrem€ly important to completg thesa disclosuras as soon as possible There ars cgrlain Exemptions trom tiese slatutory r€quiromerE: how€ver. il you have ac al knorr'ledgo of any ot theEe items you may still b€ requir6d to make a disdosure as ihe it€ms can be conslderod matgrial fdc1s. C. Oaatr and Othar Oisclosur$: Many buyers consrder death on real propedy to b€ a material fdd in the purEhas€ of property. ln some situations it is advBable to disdoso that a deafi ocawred or $e manner of death: however. Califomia Civil Code Seclion 1710.2 pmvid€3 that yggIaygn9iisdosug-Olry n',r'here tho dsath has occured morB ihan three years prior to fie dats the fansfergo ofiers to purchase. lease. or r6nt fi6 real prcperly. or lregardless of the date ol occunencal that an occupant of that prcp6rty was afllicted v/ith. or died fom. Human T-Lymphotropic Mrus Typ6 lll/Lymphadgnopathy-Associated Mrus.' This law does not "immunize an owner or his cr h€r aggnt film making an inter ional misrepresantation in respons€ to a direct irquiry fiom a fansfer€a or a prospsctive transtbra€ of r6al proporty conclmlng d€aths on S16 r€al prop€rty." O. Condominiums ard Olher Common lntar$t SubdlvEions: lf fie PropErty is a coMominium. townhouss, or other property in a commofl intorest subdivision. you must provide to the buy6r copi€s of ths goveming documents. the most recsnt financial statafiienb distsrluhd, and other documBnts required by la^/ cr contract. If you do not hav6 a cunEnt version ot hesa documents. you can request them from ti6 managem€fit of your hom6own6/s association. To avoid delays. you are encouraged to obtarn thes€ docum€nE as soon as possiblo Even il you have not yet ent6red into a purchas€ agreement to s6ll your Prop€fty The copynght laws of the United Sl,ates {Trte 17 U S Code) forbrd lhe urEutrorZed reproductron of this fom. or ar|y porton dtereol by photocopy ma€hme or any other means, includng Facsmile or coorputerEd fonnats Copynght O lggr-2013 CAUFORNIA ASSOCIATION OF REALTORS@ INC ALL RIGHTS RESERVED sA Rlvrsao trl13 (PAoE I of 2) SILL'R'S ADVISORY Selle/s rnnlals r _ I { ) PACE I OF C6@.r:l $&n tlsll.LtEPr -{r.:nFb.rPi. rUiqr' Crloa{ Pione 6a9 -ts3r3gt Fa} tsa:)S6$:1i 6O365t n td-rr. CALIFORNIA ASSOCIATION oF n E A L r() n s ' 6oi6 Stellord Ave Prooertv Address Hurtnolon Part. CA 90058 oate 3. cOflrRACT SeDtember 1, 2015 A, Contract L]ms .nd Condruons: A buyer may rBqu6st. as part of the contract lor the sala of your Proporty. that you pay for r€pains to thE Prop€rty and other items. Your decision on wh6ths or not to comply with a buy6/s req€3ts may alleci your abillty to sgll your ProF€rty at a spitciti€d pric.. B. fftiholding T.x.s: Under fBd€ral and Calilomia tax laws. a buy€r is rsquirBd to withhold a porton ofthe Purchaso price fom your sale procaeds for tax purpos€s unl€si you sign an aflldavit ot non-foreign status and Califumia rasidency or some other exsmption applias rnd is documentsd. C. Frohtbiuon Ag.inst Oiscrlmination: Oiscriminatory conducl in the sale of real proporty against individuals bslonging to legally protectgd classas is a violation of the la!v. O. Oor.emmert R.toltt Stlndards: Unt6ss exenpt you must comply witr govomment rEroltt shndads. lndrding, but not lfnitcd tc. instatling operable smoko detectors, bracing water heatels. and providing the buyer with conespondlng written statem€n! ol complancr Some city and county govemments may lmpos. additional retofft standard3, induding. but not,imit6d to. installing low-iow toilats and showerhead3, gas shut-off vatuog. t6mp6red glass. and bameB arcund s,vimmlng pools and spag. You should consutt with th6 appropriate govemmcntal agencigs, insp€ctoB. and other prolbssionals to datermint tha ratroltt standads lbr your Pmperty. th€ exlent to whictr your Prop€ny compli€s with such strndarG. and th€ costs, if any. of compliance. E. EPA'S LEAO€ASED PATNT RENOVATION, REPAIR ANO PAIN'INC RULE: Th. now rule rEquirEs that contado's and maintsnanc€ prof6ssionals worting in pre-1978 housing, dtild cara facilhios- and sdrods \difn leadtased paint be c8rtf€d: that h6ir employeas be t"ined; and that t16y bllow prot€ctiv€ work practice $andaKls. Th€ ruh appllos to renovation, repair, 0r painting aclivities atrgcling more than six squaro feet cf lead.l3as€d paint in a room or more thirn 20 square lb€t of laad-basad paint on the €xterior Enlorc€ment of $e rule begins October 1, 2010. See the EPA w€bsito at www.epa.gov/l€ad for more lnformation. F. Logal, Tax and Olr€r lmplications: S€lling your PrcpErty may hav€ legal, tax, insuranc€. lite or othor lrnpllcations. You should consult an appropriate professional tor advic€ on these matteB. MARKETING COTISIOERANONS : A. Pra-Sale Considerations: You should considar doing what you can to prepare your ProPerty hr sal6, such as cor€ding any d€f€cls or oth6r probtems. Many p€ople ar6 not aware d delecE in or problems witlr thsir own Pmperty- One way to make yoursell awars is to obtain professional homg inspections prior to 3ale both g€n6rally. and for wood d6stsoying pesB and otganisms. such as t€rmrtes- By doing this you fi€n have an opportunity io make repaiB b€bre your Property E ofier€d lbr sale, \^,tlich may enhanca its marketability. Keep in mind. howev€r, that any probl€ms rovoal6d by such inspection reports or ftrpaic that have been made. whether or not disclosed in a report. should be disclosed to th6 buy6r (s€€ 'oisdosures" in paBgraph 2 abov€). This ls tu€ even if d]e buyer g6ts hisrh€r o,,m inspections covering the game ar€a- ObEining inspeclicn rBporE may aBo assist you during contract negotiauons with the buyer For exampls. if a p€st control rsport has both a primary and secondary rocommendauon tor clearance. you may want to specify in th€ purchaso agrEement those recomm€ndalions, if any. fur which you are 9oin9 to pay B. Postsala Protactions: lt is ollen h6lptul to provide fls buy6r with, among ohEr things. a home protection/wsnanty plan for $6 Property. These plans will geneElly covar problems. not d€€med io b€ pre-€xisdng, tlat ocs.rr alter your sale is comPletad. ln the event something do6s go wong aner th€ sale. and it is coverod by the plan. trle buyer may b€ able to resolve the conc€m by contacting uls home protectlon company C, saf€ty Pr.cautions: Advenising and mark€Ung your Prop€dy lbr sale. induding. but not limitsd to. holdlng op€n houses. placing a keyEaf6/lockbox. 6r€ctin9 FOR SALE sigrc. and dissaminating photographs. video tilp€s. and virtual tours ot thE premises, may jeopardlze your personal safety and that ot your Property You are stongly encourag€d to maintain insurance, and to take any and all possibi6 pGcautions and safeguads to protscl yourc€tf. oth6r occupants, visitots. your Property. and your belongings. including cash, jewelry, drugs. flraarms and o[ler valuables located on [l€ Prop€rty- against injury. thct. loss, vandalism, damage. and oth€r harm O. Exponscs: You are advisEd that you. not th6 Broker- are responsible for the f€as and costs. if any. to comply with your duties and obllgalions to th6 buyer of your Pmp€rty. 5. OTHER tTEtrrS: S6ller has rEad and undeBtan& thls Advisory. By signing below. Seller acknorr'ledg€ recriPt ofa copy ot this docum€nt. Seller Date Print Name Vemon Cilv Seller Date Print Name Real Estale Broker century 21 Allstars Address 91 55 T€teqraoh Rd znd Fl@r Cttl Ptco Riyen State q!__ Zp 90660 T€lephone (562)755-9387 Fax (562381-n4A e.rnai meiestlcbrolorl@nEil.com THIS FORl,l hAS EEEN APPRC^/ED BY TtiE C3IJFORNIA I9SSCCIAIIOII CF RE^LTORSS lciRr NO REPRESETTAIOI{ S MADE ,{S lO THE IEGAL VALTDITY OR ADECUACY OF A]VY PROVISION N ANY S?€CIFIC TFANSACTION t REAI. ESTATE ERCKER S 'r}1E ?ERSON OI]AIFIED IO A(MSE CN RE,l]. ESIAIE TRANSACI]CIJS F VOIJ OESIRE LEGAI CR TAX AD!1CE CCNSULT tN APPROPRIAE PAOFESSIONAL Ths tor.n,s avaiaots lbr use oy t!€ .(fie ntd !s n! indlJ3lry 1 6 iot '1bnd.d x) (.f6t [le user e r REAITCRO REAITORg 13 a,€gsieted coledve ,nernbcrsl]p aart {ndr may E !6ed ont 3y msfib.,s orElo NAioNAL.assocr.atroN oF REAIToF$D Btu 3ubscn!. rD G cod. ol Enrrcs By sA RgvrsEo r1/13 (PAGE 2 OF 2) SELLER',S AOVTSORY (SA PAGE 2 OF 2) Prodrced ,(n lpF6triD by rD(ofo !iul70 -,iEa \lr . Road Fra$. tJrcirgan ISO2a e!3!t!rC..E! €) CALI FORNIA ASSOCIATION OF REA LTORS T' ADDENDUM (C.A"R. Form AOM, R.vEed {Jl2}No. , The folloMng t.rms and condltons ,re herEby incorporal€d in and made a part ot trla: : R€sid€nial Purchasc AEreement, lvlanufaclurgd Homo Purchas€ A9r6€m6nl. _-l B,lin€as Pu :hase Agreement I AesiOent-t L.ase or Month-tGMonti Rentat AgrEemsnt. - Vacant Land Purchas€ A€reoment _ Residental lncome Propany Purchas€ Agrcam€ri. _l Commeraa eroporty Purchase Agre€ment X Other dared Seotember 1, 2015 , on pmporty known as 6036 Statfotcl Av€ in which B r€fened to as ("Buy6r/Tcnanr)and Vemon City is relened to as ("Sell€r/Landlofd")- Section 7: Last sentence shall reed, 'Seller lunhq aqraes to indemnitv, llel€nd end hotd Brcker ha,7xr'lless from a claims, S€rrer as a ressrt that Seller knows but tails to dlsclose.' The bregoing t€rms and conditions are herEby ,greed to. and the undersigned acknowledga recoipt ot a copy of this doem€nt Oate Date Buyer/Tenant Buye/T6nant Selle Landlord Vemon City Seller/Landlod fte copyfqht hPs of the Uniled State. l-rlue '17 U S Code] b,bn he unauhrized ruEo{irction oi hb fom o. any ooibr he{eoi bt pt}ot6.opy facnhe or an} other mearls. itEludhg f6.si ls or co'npulerized fo,nats Copydgh6 194&2012 CAUFORNIa ASSOCTA-IION OF REAr-TORSO. rNC Al-L RtGrfB RESERVED THIS FORM TIAS BEEIT APPROVED BY THE CJIFORI{IA I'SSOCANON OF REALTCRSIi (CAR I NO REPRESEMTATION Is MADE As To THE TEGAL vAUo,TY oR ADEOUACY OF ANY PROVISIOTI IN AIVY SPECIFTC IRAfl91CIIOX. A REAL ESTATE BROKER IS IlrE PERSCN OUAIFIED TO AOVISE O REA! ESTATE TRANSACTIONS iF YOU DESIRE IEG^L OR IAX AI}VICE COIGULT AN AP.OROPRIATE PROFESSIONAL This blm is avaihble for u6€ b, lhe ernte real Estde indrst) lt is nor inLn&d 6 derttty ine us6r .3 a REALTORO REAITORO ! . Ggislered col€div€ m€rit€{shh fraft whidr may b5 u$d onry by meinbs oi the MTIoN\L AssoctA]'toN oF FE\L-ioRso xho suirscribe ro irs code of Elhics 6il .km, Aotf, REvltlEO 'll12 (PAoE 1 OF t) AOOENOUM (ADM PACE I OF r) OSURE REGARDING AGENCY REI-ATIONSHIP ttlrg Fkfi io s.lbr, by thc Civil Codrl (C.A"R For|tl AD, R.Yis.d izl4) ] (lf checked) Thrs form is berng provded rn connedpn wilh a transaction for a lgasehold flterest gxc€€ding ons year Code secton 2079 13(k) and (l) When you gnter rnto a discussion wlh a real estate agent reqarding a real estate tsansaclion. you should from the outset whal type ot agenqy relabonship or representation you wlsh to have with the agent in lhe transacion SELLER'S AGEiIT A Selle/s agent under a listing agreement with the Seller acis as the agent fior $e Seller only A Selle/s agent or a subagent of that agent has the followlng affirmatve obligauons To the Seller A Frduqary duty of utrnost car6. integnty honesly and loyalty in dealings wilh ths Se[€r To the Buyer and lhe Sellel: (a) Diligent exerc6e of reasonable skill and c€re rn perfbrmance of the agonfs duhes. (b) A duty of hon€sr and fair dealing and god farth (c) A duty to disclose all iacts knowr to ih6 agoor materially affe{ting lhs value or desrability c, fle property that are not knoMr to or wfihrn the drligent altenton and observaton of the paftes An agent is not obligated to reveal to either party any confdeotial nhrmatron oDtaned trom the other party that does not rnvolve the affrmawe dutres set furth above BUYER S AGENT A sellrng ag€nt can. wlth a Buyefs consenl agree to act 6 agent tor the Buyer only ln thess srtuatrons, the a96nt is not the Selleds agent. even rt by agreement trte agent may receNe compensatron for servrces rendered, edher n full or in part from the Sbtler An agent acting onty for a Buyer has the followlng afirmabve obligatjons To the Buyer A 5duqary duty Of utrnost care integrity honesty and loyatty ln dealings w h the Buyer To the Buyer and the Sel,er (a) Diieent exercrse of reasonable shll and c€re rn performafice of the agents dures (b) A duty of nonesi and fair dealang aM good farth (c) A duty to drsclose all fads known to the agent matenally affec-bng the ,/alue or desrabilrty of he property that are not knouin to or w hrn the diligent aftention and observabon of. the part es An agent ls not oblgated to reveal io erther party any confidentjal rnformaton obtarned from Ble other parh/ that does not rnvotve the afftrmatNe dulies set frgrth above AGENT REPRESENNNG BOTH SELLER AI{D BUYER A real estate agenl erther actng directly or through one or more assocjate lic€ns€es. can legally be tho agent of both the Ss,ler and the Buyer rn a transacton. bur only wltfi the knoMedge and coosent of Dofi the Seller and ll|e Buyer ln a dual agency srtuaton. the agent has the followrng affirmahve obl€atons to bof| the Seller and the Buyer (a) A fiduqary duty of utrn6t care. rntegrfty honesty and loyalty !n thg de-alrngs wth erther fle Seller or trle Buyet (b) Other duties to the Seller and fhe Buyer as stated above In thetr respective sections In .epreseotng both Seller and Buyer tlte agenl rnay not rvthout lhe express p9.m6sron of trle respedIve party Clsclose to the orher party that the Seller wtll accept a price less lhan l}|e llsuog price or that the Buyer wll pay a pnce greater than the pnce otrered The above dutres of the agent rn a real estate transacton do not relieve a Seller or Buyer from ihe resporEibrtuty to protect hrs or her own rnterests You should carefully read all agreements to ztssure ihat tiey adequateiy erpress your understaMing of the transaclion A leal estaie aqent ls a person qualmed to adv6e about real estate lf hgal or r€r advEe rs desrred consuit a corpetent prol€ssonal Throughout your real property transaclion you may re@ve more than one disclosure brm, dep€ndng upon the numbe. of agents assEtnq tn ihe fansac[on The iaw requrres gach agent wlth u/hom you havg more fhan a casual relaionshrp to present you wrth mls dEdosure form You should read ils contents each trme ( rs presented to you, clnsllenng the relationship beween you and fle real 6tate agent an your sp€cjfc transac on This disclosurc form includas th. proyilions of S.ction.2079.13 to 2079.21 , inclusivc, ot thc Civil Codc gct fordt on p.gc Z Rlad it errtully. ltWE ACKTIOWLEOGE RECEIPT OF A COPY OF IHIS DISCLOSURE AND IHE PORIIONS OF IHE CtlnL CODE PRII{TED ON THE BACK (OR A SEPARAIE PAGE). E auy", l s.ttol-l L"ndrrd E reflant E euyer - seuer[ Lanotoro D tenant Agent Century 21 Alls6rt BRE Lrc :;01280965 Date r-ne copyngm laws oI u]e unrcd sates (-rue 17 u s cde) lb.bd fle Unalrthffized reprcducdon of Elis lbrm Ot Ary plorton fi€(eot E dlo@u,,y-ma(ime of any odEr n€afis rnduding EcsimtE oa cofiputerzed lbrmas copynght Q 1991,2010 CALTFOR\|A ASSOCIAiTON OF aEALiORS{D rNC A4 RIGH-TS RESERVED AO RIVISEO rul,{ (PAOE r OF 2' as per CMI understand Date Dare /4.l=Ilv oate Red S:s€be 3roker :F!rmr 3RE t-rc a 0122U61 Agency Disdosure Compliance (CMl Code 52079 l4). When the lEtng b,rokeragg comparry aEo r€prBsefits Buyer/Tenant The Lstng Agent shall have one AD hrm slgrEd by Selle Landlord and a difierem AD form stgned by Buyer/Tenant. When Seller/Landlord and Buye./Tenant ae represented by ditrerent brokerdg€ companres t) lhe LEtng Agent shall havs ofle AD form $gned by Seller/Landlord and (n) the BuyelaTenants Agerit shail have one AD form sgned by Buyenfenafl ard eltler tiat sarne or a dfierent AD fo.m presented to Selle/tandbrd for s(Jnature pnor to presentabon ot the ofrr lf the same form is us€d Seller msy slgn here ISELLERn /ll,lDLORD: DO NOT SIGI,I HEREI ISELLER/LAI'IDLORD: DO NOT slGN HERE) OISCLOSURE REGAROING REAL ESTATE AGENCY RELANONSHIP PAGE 1 OF CElcX llcc alil T.k!hPl.rn.:!d ntr Pid Rinr C{ Sa.0 Pndre ({:) r:itnt Far t:.5 tau::! dltrisnnord lr.krt r5.&lo Prdlr.ad Mol 3pF.o,r! ,y :,!Lqd 18070 Frlt6eo Me Road Frc6r MEnEar $026 cML COO! 3lcltofls 207924 (2079.16 APpIARS ON fl{r FRO I mr9.l3 As used n Sedn]ns 2(Y9 14 io 2079 24. ndt/sJve E€ foSorrng E lrrs lEve [r€ followir€ meadinEs (d '&e'il' fiEans a p€asdr aitE urEer Fovlsbfls of Trde9(cofineflcrEwthSecton2295)nareatprsertyt-n!saE!on.aEindudcsaperEonwtlolsli:eG€dasarealestatebrElerunderChapler3(comrneflong wltr S€cnm 10130) of Parr I of DMsion 4 ot tre Busn€ss arx, Pro{*srons Code arxl unde. vehose lEeflse a ME ls e,(ecrJEd or a trr to purdEse E otrtaf,ted (b) 'Assocjaie li:efis€e' rneans a p€,son who B hceis€d a3 a red esEIe broler or sd€Eperson under Chapier 3 (cornnEncing wrtt Secltdt lor 30) ol Pan r of Orv6lon 4 of dre EusgEss a/d Profeasbis he ad wtro 6 6tl€r [celised und€r a broker or has eflered into a wi,tat conract wth a blol(er b act as fle lroket's agent in conneclion wlh ets requmng a red esEle liceose arld to lirEin under the broleis g,ipervBoir cr [€ aapaov of al assooate lic€fisee The aqeflt fl dE real properv uansacmn Efs resporrs hfiv b. hB or her assooaE Lc€rEees wrro peftom as 4€fib of tle agent 'r'vh€{r an assocfie ikEns€e odes a duty to any pano@ or lo any buy6 or sell€f !,vtro ls not a prinopal in a rEal pmFrty t-trlaacli:n, hat &ty ts equivded to he duty ov€d lo fBt parv by ,le bmler fur whom the asso€Ete l,cE see funalbos (c) '&ryer nEas a 0-ar6bree in a lral FrDpcfiy transdion. and indude. a p€fson wlro oGcrtrs an offer to Rrdiasc real popcfty fiom a sdler hrough an aqient cr who seeks rhe sen/rces of an agent m .n6e fia1 a ca$ra EsrsiEy or pEfmnary manne/. w$ fie obFd of enEdng fib a leal p.operv rarsadon 'Buye/ rnctude3 €ndee or r€ss€e (dl 'Comrneroat real popertf llEarE dl real Eopeny In tl€ staE exft# sirid€-furnty re$(Erlld real prcperty, dtrEl[rE unrts made stieq to chagef 2 (comnErEiE wrfl seaio t940) d T.de 5 mobdehomes. as defned D seoirn 799 3 6 rearEa0drd v€tlEEs as defned n Seanon 79929 (.) 'D aJ 4ent d€arE an ag€fi aarng etlea drecty oa $vough a! assiale liteflsee. as aqenl for both t|e seller and t€ buyer ;n a real propeny or to find or obhn a brn/er (g) 'LE&E ag€nf m€dls a oerson wlio ha obbned a lisfirg of red property to acl as ?m 4er1t br csnperEation lh) 'L$ng pnce' is ihe ilnouif oeressed n doBds speaified n fle ldirg kr wtxdl he s€lbr is winir€ 1o reI he.eal propedy frough fle liging 4ent (i) -Ofiertng pnc€' 6 tle arnoum ceres6€d in dollars specifid rn im ofier !o purchase ,br wtnct' [E hryer 6 wrtnq lo buy fE real prop€rty ll) 'Ofbr !o purEh6e' rnea/B a vlritten cont'act execued by a buyer ad,ng thror4h a selnq agem fiat becooes f€ cont-d for trE saE of the real property ufn @ nce by dne seiler (k) 'Real p.openla means any esl,aie specified by st Odivrsion {r) o. (2) of Seclbn ml n pmp€rty llEt cdr$'urbs or ls rmg!!€d wtt orE lo folJI dwdlirE un'rs afiy commerqal real propeo any leas€frold lrt t$e fypes of p.operty e)ceedng orE yea/s duratln. and mob{€*ioanes when ofiered for sale or so]d thro4h an agEnt FJsuant to the aufiomy contafi€d n Section 10131.6 ot *le Busin€ss d ffisslons Code 0) "Real p.operv n-ans?Eto.r' nEafts a ftlrsaclton lb. [E sde of leal p.openy in winch an {eflt rs employed by one or more ofhe pnndpds b 4tn thar ransactirn and indudes a listr€ or an oftr b ptlaiase (m) -Sell - 'sale ' or 'sokf reters to a transacton for lhe t"ansbr of real property Irom Ere seler to nhe buyer and ndudes erdrarEEs of reel prop€iy betu,€en he sdktr and 5uyer trar6acuons br ,le deadoi oi a rcd propeo sales con!"act wiB\m E m€anirg of Sedtm 2S85 alld rarisadbns br the crEalion of a leasehoH erce€ding one yea/s duraton (n) _Sefiea fiEans Ule t'ansfurd n a leal paopeny u'ansadiqt aid nctd€s an ol.{'l€f who rr$s red prop€fry wih an agEnt wtledEr or noi a EarBEr Gsults or \^iro rEaelves an otrer F pirrEfEse real property of whdr he or she b rhe owner from dl 4efi on Htalf of alotle -Se{bl. indudes bo$ a vefldicr dEl a lessor (ol 'Se ing agerf mea6 a lElrq age vfio ads abrE or an agent !!no acls rn coopeiami with a hgng agefit and !,iiro sdls or lfui(b illd o&srs a hryer for the lPd pmperry or afl agent who locates property for a buyer q who fnds a h.ryer for a prop€ny hr whki no llding edsls and presenb an offer to purdvtse lD [E sdler (p) _Sub4erf merns a persd lo whorn an agent debgates agency povreG 6 provd€d n Artde 5 (co.nmeflcirE wilh Seclirn 2349) of Chapler I of Tnle I However '$bagenf does rct rndude an assooate li:ensee who E acEng ttrkLr fie $4eruslon of zm a€€nt rn a ted Eopeny transiEton 20r9.r4 ustnq agslts and sdli'rg age.tb shal trol/l(le fE s€lEf ad buyer in a real properv f-ansalon ',yth a cogy of tE dsdosue brm speofed n Secton 2079 16 ard except as provded i, sutrdivreon (c) giall obBn a si$ed adarsvd€dgement of recept iiom har sdler or h.rye, erceF as p.ovded n thls sec@n or Secrion 2079 15 as bllo,.ss. la),he lbtng agent any shdl povile he discldrre form b the se €, p.E{ to ellEflrE oto fE 0stnro ageem€{tr (bl The se{irE ao€flt sndl provde UE disdosure brm o dle sdbr as sooo as Factcable prEr to presenErE 0!e sdbr r,v{h an offe. to purchase t,$ess le sdling ageit pft^/iously provded fie seler wlh a cory cf dre dsdosure hrm puGuart lD slrEMElon (a, (c) Where fre selling aqart cbes not cbd on a tsc+F-faae bas6 'rrtr [€ sdle. A€ disEiosrre fom prepared by th€ sellir€ agert firy be fumEhed b dte sdler (a!d adoonledgefi€fit of .ecer obtaned for file selling a€eot frDm tle seller) 5y the lrsErig agE I or f€ sellrE agEm m?y deliver tE disd@re form by cerGned mad addressed b [)e sdlea at h!5 or her last known addr€ss n ,{hri cde no s]gr€d adau/vledgerne of recept Is €qued (d) Tlle sefng aqenl shdl foude the dbclosure form to the hryer 6 soon as prEctcai*e pfior io eEo,ton of t\e buye/s offer to Frciase ercept flat f the ofttr to purfase 6 not prepare{ b', the sellrE agent tE sed'rE €enr shaf prEseil rE disdo$ire form to fe buyer rrt later than lhe next h1suEss day der rfie seltrE ag€it recerves die ofier b g-{trlas€ kom dre Suyer 2079.{ It h ary srcumstance rn which the seller cr bwer refuse. to $qn an ac}srowledgemml of recerpi pursuant to $cnon 2079 14 ihe agent or an assooate kcerisee aclng ior an agem shall set lonh $gn, and dare a wrtEn clecla_aton of the fads of le refusal m79-16 Reproduced on Page 1 of rhrs AO rorm 1t r.l7 {r} As soon 6 practcatle f|e sdfrg ag€rt shdl d6.Jose b fle tryer ard s€ler whether tE sdling agent 6 adrE rn dle red properv t'xls{ton erctrEivdy as trE hrye6 aqent exctJ$,/ely 6 tE seleis 4erit tr as a dud 4Eflt r€pres€ntrE bo$ tle bryer ard fE sel€r Tlls lelaixt*rp slEX be crnfu n tE coflffi to BlrEiEse and se[ red Eoperty o, n a separab lltrEE exeo.rcd c. *royd€dEed try he sefler tE hryer and he sdkE ag€rt poor E or corEderit wdi exed.obn of that ccnEart by dle hryer ano 'le sdl€r. Iespedt€ly (bl fu sa('l as preHe fle istoq ag€it $al &dose b UE seller whelf|er fie liling ager Is aclig n dE real gopeny traisaclon exdusNely as he seleds age , or 6 a d./d agErtr €pres€itrE batrr EE h.lYer aE s€{er ]hE rebtoarshp strdl be cofifnrEd rn !e coffiact b prndlase ard seI eal property or m a sepa6te vn{E g a(eolied d adabr,iedgEd by tE sdier and Are listirE agent prix b or conodent witl the exeo.fon oftEt ontraat by lhe seller(c) The confirmation .equrred ly subdMeons (a) alE rb) shail be in dle foUowrE ro(m iDO NOT COMPLETE SAMPLE ONLn .s dle agent of (dteck one) : rlte seller exdBryely or : both Ele buyer and Sellef {Name cf Lisbng Agent) (DO NOT COMPLETE SAMPLE ONL\1 ls rhe agefit cf (check one) : dle buyer exdGrvel_v or: the sellef exclusv€ly or(Narne@ : bo,l the buyer and seller {d) Tte d6do6u.es and confirmation reeured E rh6 secuon shall be n a.lditofl to lhe dBdosure requrred bv Secnon 2079 14 20Ir.16 lb sdlfig agent rn a rcal p(Ef€fty t'eEirlbn rEy ad 6 an sg€flt For 4E xJyer c,*y, wtlefl f|e s€&q rynt E also adEE as EE lsru agerit n be !"ansacton 2079-19 The payment of cornpensaton or lhe ob!!6ton to pay compeflsaEon to an agent 5y the selbr or buyer Ls not necessariv deiermmawe of a par[cular agmcy relalonshrp between an aqmt and rhe sell€r or buyer A hstng aoent and a selhng agern nay agree to shae any coopensaton or @mm6sion pard, or any nght to any compensalon or clmlnEsrcn for ,rhEh an oblqaton aris€s as the €sult of a real estate ransadon and the lefms of any suclr agreement shall not nec€asanly be determinawe of a panic1Jlar reklonshp 2079.20 Nothrng rn dlls arnde p{4enls an ageol iiom seleclnq- as a cordmon of fie agents ernployrnent. a specrfic brm of agency rda[onshrp 4or speaficalv orohrbited by fhls anicle rf ihe Equuements of Sedior 2079 14 and Secoon 2079 17 are clmpled wlh- 20fl)21 A dual agent shall not drsdcs€ E fie buyer rhat [}e sellef l5 .rlllrng to sell fie prop€{y ar a pdce ,ess han rhe lis[ng pnce rrdrout he e&.ess w'fen conseft buyer. Thls secton do€s nct alter rn any \yay trle duty or responsibktj, of a dual 4em b arry pflnopal ffth respect to corlide{ltal rnionnanon oher than pnce 2079-Zl l{ohlng rn rhis artcJe precludea a risting ageflt irom also berng a selhng agenl and tr|e combnaton of rhese funcions rn one agEnr do€s not of tself. make that agent a cfiral agent 2079.23 A contracr betwe€n fle pnrrcipal and agefll may be .nodfed or altered @ cia,lqe d|e agenc] reiatam6hrp at any rme before fie performafice of ille acl whEh ls lie obFct oi $e agmc-y !.JIth lhe wnttea consent o, trle pahes to the agency reliationshrp 207924 NohirE rn thls artde shall be consnued lo €{tf}er drmlnlsh tle duty oi disdosure 6,ved buyeyE and sellefs !ry agents and ther assocrate licensess subagenl9, and employees o. to relreve agents emd ller associaE lrcensees subagents alld efiployeea from llablhty for their ccnduc't 'n connecUon wlul acts govemed by thls aniC€ or for any breaci of a f;duorry cfuty or a duty cf dlsdosure RoLles€d hy _ oale AO REVTSED rlr4 (PAOE 2 OF 2) OISCLOSURE REGARDII{G REAL ESIATE AGENCY RELANONSHIP (AD PAGE 2 OF 2) POSS]BLE REPRESEilTATION OF MORE THAN OT{E BUYER OR SELLER - OISCLOSURE AND CONSEITT (C-A"R Folllt PRES, I lllia) A real estate broker (Broker), whether a corporaiion, partneBhip or sole proprietorship, may represent more $an one buyer or seller Thb mulliple representation can ocaur hrough an individual licensed as a broker or salesperson or hrough difiarent individual broke/s or salespeEons (associate licensees) acting under he Broke/s license. The associate licensees may be working out of the same or diflerent office locations. Multiph Buyers: Broker (individually or through ils associaiE licensoes) may be working with many prospective buye6 at the same time. These procpective buyeE may have an interest in, and make ofiers on, the same properties. Some of hese properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer ftom making an ofrer on any particular property whether or not Broker represents olher buyers interested in the same propedy. Multiple SellcB: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result Broker will afrempt to fnd buyers for each of those listed properties- Some listed properties may appeal to he same prospective buyers. Sore properties may attract more prospecwe buye6 than olhers. Some of these prospeclive buye6 may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agenry: lf Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Selle/s property and consents to Broker acting as a dual agent for both seller and buyer in that Fansaction. lf Buyer is represented by Broker buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. ln the event of dual agency, seller and buyer agree that: (al Brokcr, without the prior written consent of the Buyer, will not discJose to selhr fiat the Buyer is willing lo pay a price greater than the offered price; (bl Broker. without the prior'r/ritten clnsent of the seller, will not disclose to the buyer thal seller is willing to sell property at a price less than the listing price; and (c) other than as set brth in (a) and (b) above. a dual agent is obligated to disclose known facts materially afEcting the value or desirability of the property to both parties. Offers not necessarily confidcntial: Buyer is advised that seller or listing agent may disclose the eistence. terms. or conditions of buyeis ofer unless all partEs and their ager have signed a written confdentiality agreement. Vvhether any such infonnation is actually disclosed depends on many hctors. such as cune,t market conditions, the prevailing practice in the Ieal estate community. the listing agenfs marketing strategy and the instruclions ofthe seller. Buyer and seller understand hat Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller and,lor Buyer acknowledges reading and undeBtanding this Possibh Representation of More Than One Buyer or Seller . Disclosure and Consent and agrres to the agency possibilities disclosed. Seller Yerrroa c-ty DateSeller Date Date Date Date Date Buyer Buyer CaIBRE Lic r 01280965 CaIBRE Lic + 01226161 Real Estate Broker (Fiml Century 21 Allstars By Luher Sanchez Real Estate Broker (Firm) 8y CaIBRE Lrc # CaIBRE Lic # Date Date € 2014. Caflomia Associ irr 0 REALTORS€ []c Unftd Slales copyrXlm Eh! (-nE,71J-S Cftet ltrlds iie unauhorEec dEmburon dispE] art leproducrbn of ts lbrm or ally pofion slereot. Ey pmioaop_v madrne oa an] other file?rls lrcluding hcgm{e { coflRjEnzed itrnaE THIS FORM HAS 3€EN APPROVED AY TllE CALIFOFINIA A9SOCIAION OF REALTOFIS! iCAR r NO REPRESEN?,AT|ON lS lrlADE AS TO rHE LE.3AL vAlDtry OR rcCURACY OF ANY PROVISION IN ANY SPECIFIC TMNSACTION A REEL ESTAiE EROKER IS -IHE PERSON OUAI]FIED -, O ADMSE ON REAL ESTATE TFIAN$ICTIONS 'F YOU DESIRE LEGA OR TAX ADVICE CONSULi AI' APPROPRIATE PROFESSIONAL lie us€r as a REALTORO REATCFIO 's a regEtered mltedive r€noeGnlp mar,( Mnch ma, b€ us€d onty bry members or $e NATIONAL aSSOCUTICN CF RE{TORS6'*no srloscnDe to ns code ol EthicsI PRES 1t/14 (PACE I OF r) POSSIBLE REPRESENTANOil OF MORE Revrewed by Datg THAN ONE BUYER OR SELLER PAGE I OF C6Er x,$Et! trla r&tF!l.rr.- lrdEePi.. E!'rE C.rroao Pnorrc: isa:) tlaBtt F.t: 156:) !aJJ:-.t 6c]6 sE6rn -{rL.&rSrEia Prduct{ wior ztDforntD Dy lipLogx t8070 Fite.o ftt Rono. Frr!.r, ktriq {D26 .$CALTFORNIA ASSOCIATION OF REA LTORS, REPRESENTATTVE CAPAC]W STGIIATURE DISCLOSURE (C,A.R. Fo.m RCSO, R.yi!.d itXal This form is not an assignment lt should not be used to add new parties after a contact has been formed. This is a disclosure to the Residential Purchase Agreement, E Residential Llsting Agreement lother ('Agre€menfl). property kno/vn as 6036 feloperty'), , X Brokeo _ ('Sellea). l. --A. ESTATE:(1) Selleris an .estate, - conservatorch p, or ] guardianship identifed by Superior Court Case name as Case * between and (2) _The person(s) signing below is/are court approved representatives (whetrer designated as Sole or Co-Executor. Administsator. Conservator, Guardian) ofthe entty described in paragraph lAlivvqrvrqrry vr urs Erru(, qE.ureEv nt paragrapll rA L _ l B. TRUST: (1) The Property (L assets used to acquire/leGe he pr;perty) is held in rr;t pursuant to a Eust doqrmentdaied . tfled -tc.(2) The oerson(s) sionino b ' _D By (Representative Signature ) (Print Representative Name) ENTITY: -seler a auyei _ ottrec l; i: c;,p";ri;;, - Li;il li"o;6' ;,;";;.ENITY: ._,Seller t= Buyer _ Othec is a :Corporarion, 1l timited LiaOitity Company. Partnership which tras autnorzed thEIEE(ifEIiEEiiEJi-embei(sy oi partner(s) signins betow io act on itsbehatfAnauthorizin.!r.r6ll|'inn.rfh.,^^li^ahhh*rrrairhaaa*r.,A^.^;l^A.A^.'.-;-:^behatf. An authorizing resolution of he applicable booy of tre entity oescriUco aoovJ t i. :is noi "tt ci"o. 2. The Party acting in a representative capacity represents that he entity for which that Party is actng already exists. Rcprcsentative Party: Entity Name (lf POA, Sign Principal's Name) Print Tifle: Date: Entity Name (lf POA, Sign Principal's Name) By (Reprcsentative Signature )Print Title: Oate:(Print Representative Name) Acknowledgement of Receipt By Other Party: = Selter - Buyer X Other: lrof,er (Signature)Date: (Print Name) (Signature)Date: (Print Name) or 3r\ poruon sEaeor. uy pholocoo llftrchllte or itn] other neans, nducting tac$mre or comtrIen2eo tormaEItlls EoRLl FAs aEEN aPDeo!€D 3Y iHE cArJFcRNlA assocnnofu oF eEAr-onsb rc A'Rr No REpREsEMTAnoN rs 'rtADE as ro r.4r LEGAL vAlomy cRACCUMCY OF ANY PRO\4SION IN AI,IY SPECIFIC TAANSACTION A CEA CSTNTE'BNOKER IS'IHE PERSON CUI.jNEO 'O ECVTSE ON NNAL ASrATETRANsAcrroNs rF .rot/ oEsrRE LEGAL oR rAx aovrcE coNsuLT po eppncpinre pnocessoHel. Pubfsh€d and Dsuouf€d E] REAL ESTATE BUSINESS SER'CES It.}C a sJratfiaty ofte cdtofna Assoc/a8o, orRE4troRso 525 South \.4Ig Aveftre Los Anqet6 caffomlit 9oo2o Revlewod by DaioRCSD REVISED ll/rir (PAOE I OF t) REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (RCSO PAGE 1 RESIDENNAL LISTING AGREEMENT (Exclusive Authorizalion and Right to S.ll) EXCLUSIVE RIOHT TO SELL:t'Sell€r) h.raby employs and grants fBrokra) I P6riod")beginning (date)and €nding at 11:59 P.M. on (da!o) rhe 6xdusi\,/6 and or excian96 the n al property in the City of Huntlnqton Perk Counv of . A3sessor's Parcel No.6i20010271 Califomia. describ€d as:('Property"). l1!tl3 EXCLUDIO A O IiICLUOED: UnLss othenr,/iss +.cified in a raal ast te purchalc agr.em6nt. all fxtur.s and fttings that arc attach€d to the Property are included. and p€rsonal proprrty items arE exduded. lrom tre purcIase prica. ADOITIOI{AL llt S EXCLUOED: ADOINOTAL ITT S INCLUDED: Sollrr int nds that the above items b. axclud€d or includ.d in ofibring tha Prop.rty for sale. but und.Etan6 that: (i) tha purchas. agrearnent 3up€rsade3 any intention expressed abova and will ultimatCy dctamina whidr it€mg ara oxdudad and included in tha salc: and (ii) Broker is not r€sponsibl€ br and doas not guarantee trlat the abov6 oxdu3bns andor indusiorB will be in tha punfiasa agrs€manl usn o lRrcE At{o rERins: A. The listing price shall be:Th'ee Hundred Ninoty-Eiqht Thousand !. Ad lGtaR (S 39A.0OO.0O !. 4. COMPENSATION TO BROKER: Nodca: The amount or rato of rEal estata commlsslons ls not nxed indlvldualty and may b€ negodable b.tw.€n Sell.f and Broker comp.nsdon and tr.s to Broker). O 2013 Califomra Assocaton of REALTORS@ tnc by law. Th€y (r€al estata are set by €ach Brokar commissions include all /lSlB as follows: ('l) lf during the Usting Period. or any ext€nsion. Broker. croperating broker. Seller or any oth6r person procures a r6ady. willing. and abl€ buy€r(s) vvho3e oilEr to purchass trle Propgrty on any pric€ and terms is acc€pted by SEll6r, provided the Buy€r complet6s $e ransaction or is prevented from doing so by Seller. (Broker is entjtlod to compensation v/heth€r any escrow resuting from such otier closss during or alter th6 expiration of the Llsting Period, or any €xt6nsion-) OR (2) Ilwi$in calendar days la) after th€ €nd ol tl€ Listng Period or any extEnsion: or (b) after any canc.ltation ol hts AgrB€ment unl$s otherwis€ agrEed, seller enlErs inio a contract to s€ll. @nvey, lease or ohervrisa transier the Property to anyone ("ProsPsctiv6 Buyaf) or that p€rson's related 6ntity: (i) who physicalty ent€red and was shown the Prop€rty during tha LEting Poricd or any extension by Broker or a coop€rating broker or (ii) lor whom Broker or any coopordting broker submitted to Seller a sign€d.'.vlitten ofer to acquire. lease. exchango or obtain an option on the Property 56110r. howev€r. shall have no obliga{on to Brok€r und€r paragraph 4A(2) unl€ss. not tater trlan 3 catendar days alter the end cf tha Listing Poriod or any exiension or cancollation. Bmker has glv€n S€ller a Mitten noti6 of tre nam6s of such Prospective auy€rs. oR (3) E. lf compl€tion cl hs sale is prBvented by a pany to lhe tsansadion other ulan Sgller, fi6n cornponsaton du6 und€r paBgraph 4A shall be payable only il and when SEllor collecB damages by suit. arbitraton. s6tll6mant or c0'len,r'iss. and th6n in an amount equal to the lesser of 0n6-half of the damag$ racov€r6d or the abov€ compensaton. ater first dEducling tite and essow expensos and thg 6xpens$ ot colleclon. i! any C. In addition. Saller agr€os to pay Broker O. Ssllor has been advised of Brokor's policy regarding coop€ration with. and the amount cI' componsation otbrgd to. oth€r bok€rs. (1) Brokor is auborized to cooperat. with and comp€nsatg brokers participating throggh fis multiple lBting ssrvice(s) |'MLS") by ofrering to MLS brokers out o, Brok€ls comp€nsation sp.cified in 4A. €ithct X 2.5(n porcent of th€ purchase prica. or S _ _ (2) grckar is authoized to cooperet€ ,rith and compensate brck€rs operating outside the MLS as 06r Brokefs policy E rnYelvirE S€ll€r 6nd. (gyerPre3P.6sY€3uy6r F. (1) Soller rEprBsEnts flat Sell€r has not prEviously enbrBd intc a lisdng agre€mgrt wiur anothar brcker r€gading tle Prop6{ty. Unless specified as follows: t2t Seller warrants $at S€flsr has no oblilaoon to pay compensadon to any other broker rBgarding the Prop€rty unlgss tha Prop€rty is translered to any olthe following individuals or entities: (3) If the Property is 3old to anyone listad abovo dunng the tim€ Seller is obligated to comp€nsate another broker (i) Brok€r rs not antitod io componsation undsr this Agrc€m€nt: and (ii) BBk6r is not obligatcd to represent S€tter in such transacffon. A. S6ller agr€es to pay to aroker as compgnsadon tbr 36Mcss inosp€rflve of agency relatonshtp(s). €tdrer ! S.OOO percent of th6 listing pric6 (or if a purchase agreomant is ont€rEd into. of the purchase price), or _S cSelle/s lnrtals (_ ) { ) (CAR Fo]m Rll. R.vi!.d 1ll13) RLA REVISEO 11/13 (PAGE r OF 5) Ca.E:l -{FB qss ld.tnpr -rR- Lt Fl6lPto SrEr qr90a€ phcr.: (56:) tsgtlt? Fd 6c) tdN:rs Ot: SE&rlt _rrL(4...- , Frrq&a€rt.dr zEpjr.,rlc by 3ptogB ]E 70 Frnaen Mae ftoad F€sa. MdrEan {€026 Property Address: 6tY2 St,flottl Ave Huntinqton Park, CA 90255 Oal.: September 1, 2015 5. A. MULllPLE USIII{G SERVICI: Brokcr is a participant/subscriber to MurupF Li3ting Servica (MLS) and po$ibry oqLers. Unl.sg oth.rwis. instruct.d in \drfing tlr Propcrty will bc li3ild with tho MLS(S) sp.cin€d abov.. That MLS b (or il ch.cked ..- b not) tht primary tulLS for th. geographic araa ol [16 Property. All terms of the trarcacdon. includlng 3aLs price and financing. il applicable, (i) will bc provided to th€ MLS in which the prop€rty is listad for publicaton. dissemination and use by persons and Bntit$ on t.rms approv€d by the MLS and (ii) may b€ provided to th. MLS even if the Proporty ls not lBt.d wih the MLS. prop€ny and vacant or somE olher period of Ume afl6r all necessary signaturEs havo be€n obtained on trle listing agraement Broker will not hav€ to submit lhis listing to the MLS if. within that time. Brckor submiE to th€ MLS a form signed by S€llar (Cl-R. Form SELM or th€ local equiyalsnt form). C. MLS rul€s allow ,vlLS data to bs made available by Sle MLS to additional Int€met sit€3 unless Brok€r giv6s th€ MLS instrustions to tho confary. Seller ac*nowedges trtat lor any of lhe below opt-out instruclions to be €lLctive. Sollar must mako th€m on a s€parate instruc{ion to Boker signed by S€ll6r (CA.R. Form SELI or th6 local equivalent form). Sp€cific intormation fiat can be exclud€d from thc lntemot as pormittod by (or in accordanc. with)th6 MLS is as follows; (1) Prop€rty Avallablllty: S€ll6r can lnstruct Bllker to have th€ MLS not dlsplay th6 Proginy on th€ lnt6mgt. (2) Poperty Addross: Soll6r can instuct Brok€r to have thE MLS not display the Proporty addr.ss on the lntemet Ssller understands that iho abovo opt-outs would mean @nsumers searching for listings on the lnt€mst may not see the Property or Property's addr$s in r€sponse to their soarcfi. (3) Feature Opt-Outs: Seller ern lnstuct Broker to advise th€ MLS that Seller do6s not want visitors to MLS Parfldpant or Subscribsr Websites or Electonic Display3 fiat dBplay the Property lEting to hav6 th6 f€atures bglow. 56116r understrnds (i) hat these opt-outs apply only to Websites or El€cronic DisplaF of MLS PafiicipanE and SubscribeG'/r'ho am real astate brokcr and agent members of the MLS: (ii) that other lntemet sites may or may not hava th€ leatures s6t forlh herein; and (lli) that neith€r Broker nor the MLS may have the ability to control or block suci hatures on other lntamot sitas. (a) Comm€nE And Raviiws: Tha ability to wfite comm€nE or rBvi€ws about the Prop€rty on tio3€ sit€s; or [!e ability io link to anothar site containing such comm€nts or raviews ifttr€ Iink is in immediate conjunction with he Property. (b) Automated Estimate Ot Valu6: Th€ ability io seat6 an automat€d gstimate of value or to link to another site such an ostimate ol value if the link is in immediate conjunction with the Property. containing 6Sellefs lnrtrars ( _) (_l RLA i.IvrSED 1rlr3 (PAO! 2 Ot 5) Rl3rDtNnal utTrriro AoittMtflT. ExcLUSIvt (RLA paot 2 0F 5) ?rodlaxl Mfi zEFstri$ cy:rF(oqr :80i! ailteef llie fload FEse. \tlciiqm 1€lDt ,r4d!-aElSElC! BENEFINT 07 USINO TfiI MLS; I ?ACT OF O?TTNO OUT OF THI MI.s; PiI3IN1'IiIC ALI. OF,ERS WHAT lS AN MLS? The MLS is a databasa of propenies for sali fiat B availabl. and di$€minated to and accessibla by all othor real astate agonts lvho a€ participants or subsgib€E to the MLS. Property lnformation submined b th€ MLS dascrib€s the price, tsrms and conditions und.r whici th€ Sellefs property is otfared lor sale (hcludlng but not limited to the lBting btoke/t ofar ol compensation to otier brokErs). lt is llkaly that a significant number ot roal estate practition€rs in any giv€n area are particiPants or ssbscribeR to the lvlLs. Th6 MLs may also b6 part ot a reciprocal agrcemenl to .,vhich other muttiple lisfng servicas b€long. Real eslda agents b€longing to other mulEple lisUng 3ervicas that hava raciprocal agrE€ments wittr tla MLS also have acq$3 to th€ information submitt€d lo the MLS. Th6 MLS may further Fansmit $e MLS database to lntemet sites [lat post prop.rty lbtings onllne. EXPOSURE TO BUYERS ROUCH MLS: Lbting property with an MLS expos.3 a sell€/s propedy to all r€al estate agenE and brokBrs (and their polenlial buyer clients) who arE panicipants or subssib€rs to tha MLS or a r€ciprocating MLS- CLOSEO/PRIVATE LISTINC CLUBS OR GROUPS: Closed or privato llsting dub3 or groups ar€ not fi6 same as the MLS. The MLS refer€d to above is acc€ssibl€ to all eligibl6 r6al estate llc€n!66s and provld€s bro6d €xpGur€ for a list€d property. Private or closed listing clubs or groups ot licens€es may have baen tomed ouEide the MLS. PrivatB or dos€d listing clubs or groups arB accessible to a more limlted numb€r of licanse€s and generally ollBr l€ss Exposurs for listed propsrty. Whsther listing property through a dosed. private notlvork - and gxduding it fom tle tulLS - is advantageous or disadvantageous to a seller, and why. should be discussed with th€ agent taking trte Selleis listing. NOT USTINO PROPERW lt{ A LOCAL MLS: It th. Propgrty is Irsted in an MLS which do€s not covar fi6 geographic arBa wher6 the Propeo is located fi6n r6al estate agents and brokaB workinE thal tenttory. and Buy€rs they reprBser looking tor proparty in fie neighborhood, may not be aware the Prop€rty is for sale. OFIIT{C OUT OF LS: lf Seller ol.cts to €xclude the Property trom lhe MLS. S€ll€r und€Btands and acknowledg€s that (a) real estat€ agems and brokers fom other real astatE offces, and their buyer clients. who have accsss to Elat MLS may not be alvare fiat Sellc/s Property is oll€red lor sale: (b) lntormalion about Se[€/s proparty will not b€ transmitted to various real estate lnt€met sites that are used by the public to saarch tor propBrty listing3: (c) real estate ag6nB. brokeE and membeB of thE public may be unaware ol the terms and conditions und€r lvhich Sell€r is ma*eting the Property. REDUCT'ION lN EXPOSURE: Any reduc{on in exposure of [le PropErty may lower the numbor ol oflors and negativety impact the sales Price. PREIiENTINO ALL OFFERS: Seller undeBtands that Arok6r must present all ollers rsc.ived br Selbfs Property unless Seller gives Broker written insfuciions to the contiary. Brok!/! lniti.E I I 6042 Statlorcl Ave Property Addr6ss: 6. SELLER REP] Date: September 1,2015 ls unawar€ ot (i) any Notic6 ot oefau[ recorded against'fie Prop6(y: (ii) any d€linqusnt amounls due und6r any loan s.curBd by. or oth.r obligation atl€cting. the ProPerty; Iiii) any bankruptry. insolvency or similar proc66dlng afracting lh. Prop€rty: (iv) any litigation. arbitration, administrative action, gov€mmant investigation or other pending or threatened action that a,iects or may afeci the Proporty or S€ll€/s ability to trarls'er it and (v) any curBnt, pendlng or prop8€d spocial a$cssn€nE atfecting he Propsty. Setler sha[ prompty notii/ Broker in witing itSeller b6comes awar€ of any ot Elr3e it.ms dudng fic Lllting Period or any €xtonsion th€r.of7. BROKER'S AND SELLERS OUTlEti: (a) Srokor agrees to exercis€ Gasonablc erlort and due diligence to achieve the purpos€s of this AgrEemant. Unless Seller gives Brokor Mitten instustions to th6 contrary. Brokar is authorized io (l) order rcports and disclosures as n€cessary. (ii) adveltisg and market he Property by any method and in any medium s€t€ct€d by Broker inciuding MLS and ihe tnt€met. and. to the extsnt permithd by tiese media. control tha diss€mination ol tho lniormation submitted to an, m€dium; and (iii) disdos6 to any r€al 6staE licens.6 making an inquiry the racaipt ot any otT€rs on th. Property and thr ofering prlc6 of such offors. (b) Seller agrees to consider olEIs pr€sonted by Brokar. and to act in good hith to accomptish trle sat6 ofhe Property by among othor hings. making $e Property available for showing at re.sonable times end. subjccl to paragraph 4F. retEning to Brokar all inquiries ol any party interested rn th€ Property Soller is rBsponsible for detErmining at what pricE to lisr and sefl the Prop€rty S€ller turth€r agrB€s to indemnlly, dehnd and hold Broker harml8s trom all claims disputes, titigation. judgments attomey f€6s and costs arising from any inconsct inicrmaion supplied by sell6r. or fom any materiat facls rhat se er knowa but fails to disclose. OEPOSIT: Broker is authorized !o acc.pt and hold on Sellals behalf any depGits to be appli.d toward the purchase price. AOETICY RELATIONSHIPS: A. DlsclosuE: ll the Property includes r.sidsntial property Mth on€-to-bur d\relling unib. S€ll€r shall r€ceivs a "Oisctosure Rogardlng Agency Rolatonships' (CA.R. Form AD) prior to entgrlng tnto this Agr€€m6nt. B. Seller Representatlon: Broker shall repressnt S€llsr in any resulting tEnsactlon, sxcapt as specilled in paragraph 4F.C. Possible Dual Ag€nc-y yfith Buyer: Dependlng upon the cirdrmstances. it may be necessary or appmpriatt lor Brok€r to ast as an agent for both Sollgr end buyer 6xchang6 party. or one or morB addhional partios ('Buyel.). Broker shall, as soon as Pracricablo. disclose to S€ll6r any election to act as a dual ag6nt r€prgs€nting both S€llgr and Buy€r. lf a Buyer is procured direc y by Brok€r or an a3sodat€-lb€rce€ in Brok€/s firm, Seller haEby ccns€nts b Broker ading as a dual agent for S€llar and Buyer. ln the evem of an exchang€, Seller hereby consents to Brokar cotl€cting comp€rEatiofl trom additionat parlies br seMcss rendarEd. proYided th6rE is dlsclosure to all parties ot 3uch agency and comp€nsatlon. S€llor undeGtands and agreos that (i) Bmker without the prior vvriten consent ot Soller, will not disclos€ to BuyEr that S€ller is willing to s€ll the Prop€rty at a prica tess than th€ listing pric6: {ii) Broker. without the prior written conssnt of Buy6r. wlll not disclose to Setl€r that Buyer is wifiing to pay apric. great€r than the otared price; and (iii) exc€pt for (i) and (ii) above, a dual ag.nt is oblkJat€d to discloso known facts materially affectlng tire valu6 or d€sirability ofth6 Propgrty to both parties. 8. 9. D. Other Sellers: Seller understands fiat Broker may hav6 or obtain listings on otfier propertie3, and that polential buy€rs may conside( make oierll on, or purchase through Erok€r. property tha sama as or similar to S€ll€/s Prop€fty. S€ller corcents to Brokefs rEpresentation ol sellers and buyers ot other properlie3 b€for6, during and alt6r the end ofthis Agre€ment.E. Conirmalion: It the Prop€rty includss residential property with one-to-tbui dwelling units. Broker sh;ll confirm tfie agency relationship descibed above. or as modifled, in ,rriting. prior to or concurent witi S€lle/s execuoon of a purchasE agre€ment. 10. SECURITY ANO INSURANCE: Broker is not responsibt. for ti 3 ot or damage to p€rsonal or reat property. or per;n. wh€ther aftibutabl€ to use of a kgysal€Ioctoox, a showing ot fie Property. or oth€rwis6- Thrrd parties. inctuding, but not timit€d to, +prais6rs.inspociors. brolcrs and posPecljve buyers, may have sccass to. and taka vldeos and photographs ot, the interior ol ths Property. Sellgr agre€s: (i) to takE reasonable prgcauflons to saGguard and pmi€cl valuables that might b6 acc$sible during showings ol the Property; and (ii) to obtain insurance to protect against these risks. Eroker doEs not mainaln insurance to protact Sellar.II. PHOTOORAPHS ANO IiITERNET ADVERTSINO: A. ln order to efiectiYoty market th€ Proporty for sale it is otten n€cessary to provide photographs. virtual tours and oth€r medla to buyors. S6ll€r agrees (or _ lf cltecked, does not agree) that Bmker may photograph or otherwise otecifionicalty capturo images ol th€ ext€rior and intarior of th6 Property ('lmagos") for static and/or virtual tours of the Property by buyers and oh€rs on aroke/s website. the tvlLs. and other marketing 3jtes. Seller acknowledges that onca lmages are placed on th€ lnt€m€t neither BrokEr nor Sellsr has contol ovar who can view such lmag$ and ',,/hat us6 viowers may make of th6 lmages, or holv long such lmages may remain available on the lntemet. Seller furthEr agrgas that such lmages ar€ the propefiy of arok€r and $at Broker may use such lmages for advertls€mont of Srokofs business in the lutur6, B. Sellor acknowledgss that prospec{ve buyers and/or oth6r persons coming onto th6 property may take photographs. vid€os or othar imag$ oI th6 prop€rty. Sell€r understands ihat Brok6r does not have the ability to control or block the taking and use of lmages by any such p€6ons. (ll checkeda s€ller insruds Brokor to pubtBh in fii MLS that taking of tmages is limited to those persons preparing Apprdtsal or lnspeclion roporE. Sell3r acknowl€dges that unauihorized p€rsons may take imag€s wl1o do not havo access to or have not read any limiting instruction in tfi6 MLS or \tllo tak€ images regardless of any timiting insuuction in the lvlLs. Onca hages are takEn and/or put into €lacfonic display on tha lntemet or othenMse. netther Broker noi S€ller has control over lvho yiew3 such lmagEs nor'r'r'hat use viewenr may make ofthe lmage3. 12. KEYSAFE/LOCKBOX: A keysato/loclbox is designed to hold a k6y to tha Property b permit access to th€ property by Brok€r, f$l?i."$SfdiJljliflflT;8S,ffi $1i1 jff ll€r do€s (or il chocked I does not) authodze Broker €rty Seller shall be responsibte for obtatning occupant(s), written pcrmission for uso of a keysaf.Iockbox (C,A,R. Form KLA).Setbrshitials(_)(_) RLA RlVtStO rllr3 (PAGE 3 OF 5) RESTOENTTAL USnN6 ACralMtNT - iXCLUSTVi (Rt.A pACE 3 OF s,r..sr,rd Min apForlno b!, altoqu irE7! Ftiad] rru. R@d Frase. M.i!!Er 4026 ,w nolooElm 60/2 gafiord Av. Prcpgdt Addnss: Hunfindon Perk, CA lnz1s Oata: S.pt mber1,201i 13. 3lON: S€ll.r do€s (or it ch€d(.d - does not) authorize Brok.r to instal a FOR SALE/SOLO sign on $. prop€rty. 16. AOOITTONAL TERMS: - REO Form Shon Sale lnlormation and Form A&lendum Al sales eN a sale t€'7,.s and condltlons erc to linal the Council l'r' EOUAL Hou3lNO oFFORTNITY: Tha ProPeny is oftlgred in compllance wtth federal. st te and tocat ant-dtscrimination ta\,!s 15. ATIERNIY Faas: ln any adion, procaeding or arbitration b.tw€€n Sethr aild Brok.r rsgarding th. obtigation to Eray compens.iton undor this Agr€om€nt. the Pr.vallhg Seller ot Brok€r shall be antited to reagonabt6 attom.y t6€s ano cost trom urj non-prevaiting Seller or Broker, excspt as provided in paragraph 19A. 17. MANAGEIIENT APPROVAL lf an alssociats-llc€ns€€ in Brok€/s ofic€ (satespeeon or broker-associate) .nters inio this Agre€m€nt on Broke/s b€haf and Broker or Manager do€s nol appmve of its brmg Broker or Manager has Ure aght to cancet d1is Agreement,in writing, within 5 Days Aft6r its executon. '18. SUCCESSORS AND ASSIGNS: This Agr6.m€nt shall bo bindlng upon Selt6r and S6tt€i3 successorc and assigns. I9. OISPUTE RESOLUIOfl: A. B. ARBITRATION OF DISPUlES: to pay tnding estatafr.r.d artitrrtor. Th. parti.s shr[ hrve thc right to discoy!ry tn all oth€r respects, tha arbitrafon shall ba condusted in elyard of th. arbitrator(s) may b€ shall b. govorned by th. F.deral t 9c. LOW YOU ARE AORIEING TO HAVE ANY OISPUTEARISINC OUT OF tl{E MATTERS INCLUOED lN Tl{E 'ARBITRAIO OF OISpUTES' inOVtsrOl OeCtOeOBY NEUTRAL AREI1RANON AS PROUDEO BY CAUFORI{IA LAW AND YOU ARE GMNG UP ANY RICHTSYOU MIOHT FOSSTSS TI' HAVE TI{E DISPUTE LITIOA1ED IN A COURT OR JURY T'RITAL. BY INITIALINO INTI{E SPACE BELOW YOU ARE GM C UP YOUR JUOICIAL RIGHTII TO OISCOVERY AND APPEAL UNLESS?l{osE RlcHTs ARE sFEctFtcALLy tNcLUoED rN THE 'ARBtrRATloN oF otspurEs, inovrsrox. tp vouREFUSE lt' SUBMIT 11' AREITRATION AFTER ACREEINC TO TI{IS PROVISION, YOU MAY EE COMPELLEDTO ARBITRA?E UNDER TIIE AUIHORITY OF TI{E CAUFORNIA CODE OF CML FR,OCEDURE.YOUR AOREEMEXT TC' fils AREITRATION PROVISTON IS VOLUNTARY." "WE HAVE READ AND UNOERSTANO TI{E FOREoOINO AND AGREE lt' SUBUIT OISPUIES ARISII{COUT OF THI MATTIiS INCLUDID IN THE 'ARIITRAITON OF OISPUTES' PROVISION TO NEUTRALARBITRATION.' ise[crs tntdats _l _ Broters tntdals _ t _] C' ADDlttOt{AL MEDIATION ANO ARBITMnON TERMS: Tho tollowrng maft.rs shatt be sxctuded from medtagon and Seile/s lnfials ( )( , RLA REVTSEO .t l/13 (PAOE 4 OF 5) RIS|DIIIIAL LtsrNG AcRlIitINT. ExCLUslvE (RtA pAc! ir OF 5)Frro<trcad.trjr! zpfcrp !y zEtolE titatTo Frie4 Mte Roa4 F€sll rlffiEJr 4026 .lw2ofdq sn Property Address: 60,,2 Sdlotd Ave Huntnaton Pert, CA 90255 Oats'. Septe m be r 1. 201 5 20. lt{l1Rl AoRlEllll{T: All prior di3cussions- negcniatiorc and agre€ments betwE€n ths parlies conc.ming the subiect matt.r ol trlis Agnrment are supers€ded by this AgreemenL whicfi constitlJtes the entire contract and a complatc and oxclusiye exprg3sion of their agrecm€nt and may nol be confadictad by evidanca of any prior agrB€ment or contamporanaous oral agrBem€t . ll any provision of this Agr6ament is h€ld to b€ inatfediva or invalid, Er€ ramainirE provisions wlll neverEl€less b€ givan tull force and el?ect. This Agr€.ment and any suppl6m6nt, add€ndum or modmcaton. including any photocrpy or facsimil6. may b6 axlcuud in counterpal+i3 ?1. OWNIRSHIP, iTLE ANO AUTI{OiIIY: S€ll€r wananB that (l) Seller is the o,vner of th€ hperty: (li) no oEterp€Gons or entiti.s have title to the Prop€rty: and (iii) S€ll€r has th€ authority !o both execut€ this Agream.rt and s€ll tr€ Prop€rty. Exceptions to own6rship, title and authority are as lollows: - REPRESENTAnVE CAPACIry: This addendum b being signod tor S.ll.r by an indMdual ac{ng in a Representalive Capacity as sp.cifiad in tha attach.d Rspr8senEtiv€ Capacity SignatuB DisdosurB (C.A.R- Form RCSO)- Wh€rev€r the signature or initials ot th. reprsentafve ldentm.d in ule RCSO appear on ihis AgrB€m€nt or any nlated docum€nB. it shall ba d6€med to be in a repres6ntatve capacity lor fic entity described and nc in an individual capacity. unless olherwis€ indicat€d. S€ller (i) ropresents that the €ntity for whidr th6 indivk ual 6 signing already sxists and (ii) shall Dellver to Brok6r. witlin 3 Days Ai€r Execiltion of fiis Agreement. 6vid6n6 of authority to act (such as but not limited io: applicable tnlst document. or portion tlarrrol le(€rs test mentary. court ord€r pow€r of attomey, rosolution, or formation documsnB ot tho business sntity). By signing b.low, S.llcr actnowl.dg$ that SelbI has read, undorst n4s, rec.ived a copy ol and agI. s to the tems ot this Agrcamant Seller Dat8 Varnon dly Address zipctyStare Fax EmarlTelephone Scller Date zipS.AIB Tel€phone F ai(Email Address Real Estate Btoket tFilmt Century 21 Allsbts Cal 3RE r-ic. : 0r?80965 By (Agen0 Luther Sanchez Cal BRE lictt 01226461 Date Address 9155 feresraph Rd znd Floor ctty Pico Riv€.a $ate cA ap $660 Telephone /56a75&9387 Fax (562)381-7140 Efiail maiestlcbrol<edt@mail.com c 1991-2013 ca,rfoflE Asseiaicrl or REALToRSo rlt uniteo stat€s corylE$r law C, rc 17 LJ S code) brblls he uriaturized dsmDumn cispE) ano lefloouc|xxt ot ul6 lofln of an! pcniln r|ereot ly dlotocolry macnrne or any dher ItEiErs todudlru facs{rlrc or compurerizEd brmc Tltls FCFIII r-IAS AEEN APPROVED BY THE CAUFORNIA aSSOCtAiON OF REALT. ORSO lC AR, NO ReoRESENT=AI'ION IS ruDE AS r,o i.lE LEGAL VAi]DrrY OR ACCUFIACY OF ANY PRO!4SION IN ANY SPECIAC TRANSACTION A REAL ESTATE BROKER IS TI.iE AERSON OUAtIflED TO ADIISE ON REA! ESTA'TE iRANSAC'T]ONS IF YOU DESIRE LEGA! OR IAX ADVICE CCNSUL.r AN APPROPR1ATE PROFESSTONAL FrudislEd and OBmb{ded 0y REAL ES-ATE BUSINESS SERVICES. INC a tuNcnary of the Calona Arsooarirn ofRE{LTORSO . 525 Scutll \,4rgil Avenue Los AngEles Caflbmle gff)m qv _ Da[e Rlr RMSID r i/13 (PAOa 5 Of 5) RIrirotNTraL u31r!{o acRtt t ? €(cLusvt (RLA pAoE 5 oF 5) 2.o.lled flnr .lFdnrA by zrpfolB 1€070 Ftbd ,lit R@d FEs, !cd!ga! 4026 J0E!,A!!SI4_!!O Propeny Addre33; 6042 Statford Ave, SELLER'S ADVISORY (C-4.R. Form SA, R.vlr.d lll13) Huntinqton Park. CA 90255 ("Prop€rty") l. INTROOUCION: Solling property in Califomia is a proce3s hat involves many $eps. Frcm start to ilnBh. it could take anywhere from a few weaks to many months. depending upon the condition of your Prop€rty. local markat conditons and othar faclonr. You have already taken an important nrst st6p by listing your ProDgrty fDr sal€ with a lic€nsed raal estat€ brok.r. Your brok€r will h€lp guide you through tre proc.ss and may r6ter you to other professionals. as needed. ThL advisory addr$ses many hings you may ne€d to think about and do as you mar(6t your Prop€rty Some of these fiings arE requirBm€nE imp8€d upon you, either by law or by thc listing or sale cont"cl Others are simpty practical matErs fllat may aris6 during fie process. Please read this document carefully and, if you have any questions, ask your boker or appropriate legal or ta( advisor for help. 2. OTSCLOSURES: A. G€mral Disclosur. Dutir.: You must afilmalively dlsdose to tle buy6r. in wdting, any and all known Eds that materialry anbd the value or d*irability ol your Prop€rty. You must disclosa these fact whether or not askgd about such mattors by the buyer, any brokot or anyona 6lse. This duty to dbclose applios even if the buy€r agraes to purchase your Property in its pres€nt condition without r€qurrtng you to make any rEpaiB. It you do not know what or ho.r' to disdoss. you should consult a real eiate attomey in Calltomia of your choosing. Broker cannot advise you on the l6gal suficignc) ot any dEclosureg you make It the Property you are selling is a residgncE with one to four units except lbr c€rtain subdivisions. your brokor also has a dW to conduc't a rgasonably comp€tent and dililent visual inspoction of $e accssible arBa3 and to disdoso to a buyer atl adveBe mat€rial facls that the insp€ction reveals. lf your broker discoveB somgthing that could indicate a problEm. your brok€r must advise tho buyer. B. Statnory Duties: (For on+to-tbur Residential Units): (l) You must timety prepar€ and dollver to Or€ buyer- among other things. a Real Estatg Transtbr oisdosure Stat€ment ('TDS"), and a Natural Hazard Disclosure Stat6m6nt ("NHO"). You hav€ a legal obligation to honestly and completrly flll out the TDS 6rm In iti Entimty. (Many local entlties or organizatiom hav6 th6ir olvn suppl6m€nt !o tha TDS fiat you may also be askad to cmplaig.) The NHo is a statem€nt indicating wh€ther your Property is in carbin designat€d iood. firB or ear[quakrseisrnic hazard zones. Thirdfarty prolbssional compani€s can h€lp you Mth this task. (21 Depcnding upon he ag€ and type of comt ucton ol your Property. you may also b€ requirad to provida and, in cerEin cas€s you can r$eive limited lsgal prot cdon by providing, fi. buyer witr booklets efiited 'Tha Hom€own€is Guid6 to Eartrquake SafEty." The Commerdal Prop€ny Owngfs Guid€ ro Earthquake Sarbty." "Protect Your Family From LEad in Your Home" and "Environm€ntal t{azards: A Guide For HomEorn€E and BuysB." Some of t1ese booklots may be packaged tog€ther for your conv6ni6nce- Th6 earthquake guides ask you to answor specific questions about your Prop€rty'3 structure and prEparEdn$s for an €anhquake. lf you are raquir€d to suppty the booklet about l6ad, you will also b€ required to disclose to 016 buyer any known l€ad.baled paint and lead+ased paint hazards on a separate ficrm. Th6 environmantal hazards gulde informs the buyer of common snvironmental hazards that may be bund in prop€rti6s- (3) lf you know ulat your property is: (i) located within one mile of a former mllitary odnancg location: or (ii) in or afected by a zon6 or disfict alloring manufacbJring, commorcial or airport use. you must disdose this to fle buyer, You are also requir6d to make a good faith efiort to obtain and deliver to trr€ buyer a disdosurB notice Fom trl€ appropnat€ local agency(ies) about any spedal tax levied on your Prcporty puniuanl to he MelloRoos Community Faciliti€s Aci, the lmpmv€ment Bond Act of 1915. and a notrce conorming tlo confactual assessrent provided by seclion 5898.24 of the StrEets And Highways Code (coll€ctively.'Special Tax DisclGures"). (/f) lfthe TDS. NHD. or lead. military ordnance. commercial zonra or Special Tax Disdosures are provided to a bsy€r att6r you accept that buy€fs ofi8r, the buyer will hav6 3 days afler delivery (or 5 days if mail6d)to terminato tho oflEr, wfiicfi is why it is ExtrEmoly imporlant to complete th€s€ dlsclosures as soon as possibl€. Th6re are cgrtain exemplions from these statutory €qulr€ments: however. if you have actual knowledga of any ol th€se ft€ms. you may slill b6 Equir€d to maka a digdosur€ as the itsms can be considerBd matErlal 6cts. C. Death and Othar Olsclosuros: Many buyBrs consider dea$ on rEal prop€rty to b6 a material fact in the purchase of prop€rty. ln 3oma situations, it is advisable to disdose that a death occured o( the manner of d6ath; however. Calilomia CMI Code Secton 1710.2 provldes that yg!-beyllgjilElosglg_-Ew '\,vhere the daatrl has occuned more than flltEs yeaIs prior to tle date the transfaree otr6rs to purchase. leasn. or rant $e real property. or lregaftfless ol the dat€ ot occunencel that an occupant of that pmp{trty was atllicted witil. or dl€d from. Human T-Lymphotsopic Virus Typ€ lluLymphad€nopathy-Associat€d Virus." This law do€s not "lmmunize an o'lvner or his or h€r ag6nt fiom making an inientonal mErepre$ntaton in respons€ to a CiEct inquiry from a tansferae or a prospectiv€ transfere€ of real property conc€ming deaths on th6 real proporty " O. Condominiums and OtltGr Common IntarBst Subdlvlsions: l! fie Prop€rty is a condominium. bwnhous6. or other prcperty in a common interest subdlvlsion. you must provide to $e buyer copies ot th€ gov€ming documgnts. th€ most r€cent financial statem€nts distibutad. and other dodlmeots rBquirsd by law or ccnFact. lf you do not hav€ a cun€nt v€Eioo of th6s6 docrments. you ciln rsquesi fi6m t?om the management of your homeown€fs association. To avoid delays, you ars encouftEed to obtain these documenE as soon as possible. 6ven if you have not yet enter€d into a purchase agrsemant to sell your Prop€rty The copyright hws of lhe United States (Trte 17 U S Code) lorbd $e unauthorized reproducnon of $fs form or any portion ihereof by photocopy mactrne or any olhgr means nduding tacsrmtb cr computenzed formats Copynghr g 1991-2013 CALjFORNIA ASSOCIATION OF REALTORSO INC ALL RIGI{TS RESERVED sA irvlsED ilrl3 (PACE I OF 2l Selbfs lnftrals (_ )( ) C-i!4r:l -r!61rl..5 t.lqrr -le.:!d Eor lto atrEr cr $6a0 andre (Sit!) tsiglat Fa( t!a:)iaN:E 60r: SEtr!.d -{r.Ld.rs.ldz Pmd!..d wiin zirFor ro r/ ?rptocr itoio Ensei Mte R@d Frs.r MirE nr3026 j:4a441!B!!g^$!t PACE I OF $,'+!ni,t,.. 4. 60d2 Stellord Ave P.opertv Addr€$ Hurtindton Perk. CA 90255 Date3. COflTrACf Sept€mb.r 1, 2015 A. Co ract T.rms and Condtdons: A buyer may nrquest. a3 part ol th. contsacl for th€ sal. of your Prop€rty. fiat you pay lor repaiB to $e Property and other items. Your decislon on wheher or not to comply with a buye/s tEqu€sE may afiecl your abillty to sell your Proporty at 3 specilied pnc€. B. Wlthholding Taxes: Under l€deral and Califomia tax laws. a buyer is requir.d lo withhold a porton of tha purchase prica tom your sale prooaeds for tax Purposes unlsss you sign an afidavit of non-frraign sEtus and Calilomia residcncy, or somc othar exempton appliBs and is dooJmemBd. C. Prohlbition Agalnst Olscrlmlnrton: oiscriminatory conduct in tha sala of real property against individuals belonging to legally proteclad clasi.3 is a violation of the lr!v- D. Oov.mmert ReEofit Strnd.rds: Unleis exe{rpt, you must comply wih govemmerlt n roft Sndaftls, lnduding, but not linihd ic. installing operable smoke deitdors. bracing watar heataB, and providing the buyer with comspondlng written statem€nts of compllanca. Some dty and county govemm€ntli may lmpos. additional r6uollt standards, induding. but not limited to, installing low-llow toilgE and showerheads, gas shut-of valves. tempered gla3s, and baniars around swimming pools and spas. You should con3ult with the appropriate govsmmental agencies, insp€ctoB. and othar proiEssionals to det.rmin€ the retollt standards fDr ycul Prop€rty. fie extBnt to which your Prelrty complies with such standards. and fie co3B. il arry, of compliance- E. EPA'S LEAD€ASEO PAINT RENOVA1ION, RE AIR ANO PAINI'INC RULE: Th€ n6w rulc rcquirG th.t confa.*ors and maintenancE prolossionals working in pre-1978 housing. drild care facjlitiss, and sdlods wih l€ad.bas€d paint b€ cartifi€d: that their employees b6 trained; and that ihey follow protedive woft praclice standards. The rule applbs to renovation. repair. or pain'ting activiti€s allocting mor€ than six squara f.ct of lcad-basad paint in a room or more than 20 squaro lert of lead-bascd paint on the €xterior, Entorcament ot h€ rul€ b€gins October 1. 2010. Se€ the EPA w€8ite at www epa.govflead 6r more infomation. F. Lsgal, tax and Oth.r Implications: SElling your Propedy may hav€ legal, tax. imurancs. tit6 or o$sr knplicaiions. You shoukl consutt an eppropriat€ prof$sional icr advioa on these mafttrs- MARKETINO CONSIOERANONS: A. Fre*salc Considerations: You should consider doinE what you can to prepare your Prop€rty for sale, such as corr€cting any dolects or ofier problems. Many p6oPl€ arl} not aware of defecE in or prcbl€ms with their own Prop€rty. One way to mak6 younrelf aware is to obtain profsssionrl home inspections prior io sal6. both gonerally, and for wood destoying pesE and organisms. suci irt t€Imitss. By doing this. you El6n have an opportunity to mak€ €pairs b€lore your Propeny is oflbr€d for sal8. which mry enhance its markotability. Ke€p in mind. howev6r. that any probloms rovgaled by such inspection reports or repainr that have been mad6. whether or not dBdosed in a repori. should be disdos€d !o th6 buysr (s€e 'oisdosures" in paragraph 2 abovo). ThB is tsue ev€n if dle buyer g€ts higher o\,wr inspsctions covBring t,l€ sam€ arEa. Obtaining insp€ction repoG may ako assist you duing contract negotiations with t]e buyer. For exampl€. if a p€st control raport has both a primary and secondary EcommEndadon for clearanca. you may wani to spocify in $e purdrase agr€ement those recommendations. if any. for which you arE going ro pay. B. Postsal€ Prot ctions: lt is ott.n helptul to pmvide the buysr with. among other tfiings, a home protedioniMaranty plan for tfi6 Proporty. ThgsE plans will g€nerally cover probl€ms. not de€med to be pre€xisting, that ocdJr alter your sale is completad. ln $e sveri som€hing does 9o wrong after th€ sal€. and it is cov€red by th€ plan. the buyer may b€ able to rosotva the concam by contactng he home prctsction company C. Sabty Pr€cautlons: Advertising and marketing your Prop€rty lbr sal€. induding. bul nd rimited to, holding open houses. ptadng a keysafg/lockbox. grecttng FOR SALE sign3. and dsseminating photograpB. vid6o tapes. and virtual tours ol th6 premis€s. may jeoPargize your peEonal safety and that of your Property You ere stsongly encouragad to maintrin insuranca, and to tak€ any end all possible precautions and safoguards to protect yourself. other occupanb, visitors, your Prop€rty. and your b€longings. including cash, jewelry. drugs. llr66rm! and oth€r valuables located on fie Prop€rty. against injury. helt. loss, vandalEm, damag€ and oth6r ham- o. ExpensEs: You are advised that you. not th6 Broksr. ara rasponsiblo for tha Ees and cosls, if any. to comply with your duti€s and obllgaflons to the buy6r ol your Pmp€fty. OTHER ITEMS: Seller has r.ad and und€Btands this Advisory. By signing beiow, Sell€r acknoh4€dg.3 r.c6ipt of a copy ol ftls documenl S€ller Date 5. Prinr Neme Yern^,' a:itv Seller Date Print Name Real Estate Aroker Cantury 21 Allstars By DatE tFeenl) Luder Sanchez Addrcs€ 9151T.leqnph Rd znd Floor Ctty Ptco Riven State C/4 ap 9Oi6O T.lephon (552t755-9387 Fax (562t381-714O E+nait maiesaicbrcken@qmait.com I]TIS FORM rrl5 SEEN APPROIED AY IHE C;!]FORNA ASSOCIATION 'f REAITORSA C,r.f,] \O REPRESETfiAT]ON IS MAOE A5 IO IrrE LEC+! VAUOITY ORADECiJACY OF AxY PRC!1SIOh N AnlY Sf€CrFC rRANllACl-lON a REAL ESTATE EROKER rS TFE PERSON OIAIIFIEO TO ADvtSE ON REAL ESIAIE TFANSACICNS- ,F YCU OESIRE LEGAI CR Ti)( AO!1CE C CNSULT f',{ APPROPRTAIE eRCFESSTONALTiE fom $ +ra&Dl6 lol us€ Ey t'€ ettre real eslaE itdusF, t 5 nol ,rerut€d lo Jd6t, $a us...! a RE tToRe REcrToFo e a ligEtred code.tve meillb€{sino E.rr{li.r! may be usadorly D, ern!.rs ofE'e NATIoNALAssocraTtoN oF FE{foRs{D,vho sEBcnt4l! G c!.b ofElr'csI -.;] F-'**'- sA RB/ISED fifi3 PAGE 2 Of 2! SELLER'S ADVTSORY (SA PACE 2 OF 2l +..bcEs ,tn zrDFon€ b) aotrCE 18070 Fitb6 !nr. Add F.Er Mdrgan {€026 lte!4fge.g4l i)CALIFORNIA ASSOCIATION OF RE ALTORS, ADDENDUM (Ct.R. Form AOM. Revlsed 4/12)No. , Ile _ following tcrms and condltons arg her€by_ incoIPoratad in and made a part of th€: - R€aid€ntal purchaso AgrEement, -, ManulactuJed Home Purchas€ Agreement. _l Business Pu rasa Agre€m6m. I ne*oent-'at Lease or Montlto-Month RentalAgreement, _. Vacantland Pu tncoma propertylurEhase Agreemenl ] Commerdat pmp€fty Purdrase Agreement. I Oth6r oatea Seirem in lvfrich Huntina.o,n part, CA 9O2i5il -' :[frT"':"T"{:1,.","*:#i The foregoing tellns and conditions are hereby agrsed to. and the undersigned acknowtedge rcceipt of a copy of thB document. Date Buy6/Tenant Buy€?Tenant Selle(Landlord Vemon City Seller/Landlord -nl6 copv'istt bws ol tlre United Sra!.s .rde ,7 u: _ -c-ol,e-L !41- h9-{"'.d'+e r.Fodudron of dlE tdtn or any po.tion hereof. B dd€opy madhe o. any odie. ,n€'midudE h€irls or cornpd€.ked lomrls copydgne 198&20tu cei-iromlq ssocrmorr OF REAlToRsa rxc Ar prerrs nesenveO " lHlS FORIVI HAS BEEN APPROVEO By IHE C.AUFORNTA ASSOCIAiOX OF REALTCRSo iCr{R) NO REPRESENTAION rS t ADE 45 TO tHE r.EeAL yALtOlTy ORaElEollAcY oF ANY PRoYIsloN lN Ar'lY sPEcFc rRtNsAcrloN- r nr,ql eirArE anorcn rs THe pERsotr oualBm ro AovtsE ox REe EsrArEIIIANgCCT|O S tF yOU DESTRE |-EGAL OR r. AX ADYICE COiEULT Alr appnOpgaft pnoress{oM! Thb.bnn is availeua tr 166 b, r'e anti€ lert ester€-hrilsr)-lr c-lo!],{qq€t to i'onrt d'e u.€..s-. REALTORe REATTORO b . rEg*sred crfocriv€ menb€rsr{p a*rhidr mrv b. us€d ontv b, membe.s ofrhe MTToML AssocraloN oF REALroFrso do irixd6. b irs cod€ ofE *:s Ror,rg idB_ tlae AOM REVTSED 4/12 (PAGE I OF t) AOOEi{OUM (AOM PAOE r OF 1) il:1,'J.,fl11Itl}7 .rr rrrr.r.rrs I (lf cfieck€d) Thls form rs berng Code sectDn 2079 l3(k) and 0) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIOIiISHIP When you enter Into a d6cussion wth a real estate agent regarding a rsat estate tsansaction, you shoutd from the outset understand \4hat typ€ of agencf rBlabonshp or representaton you wlsh to have wrth the agent tn the transacoon SELLER S AGENT A Selleds aggnt under a listng agreement wlth the Seller acts as the agent tor the Sefler only A Selteds agefii or a subagert of that agent has the following afrrmatve obtigatons- To the Seller A Fiduciary duty of utrnost care. rntegnty honesty and toyalty in dealings wlth the Se er To the Buyer and the Seller (a) Drligent exerctse of reasonable skill and car6 n performanca of the agenfs duties(b) A duty of honest and fair deaiing and good taith (c) A duty to d6close all facts known to th6 agent materially affectng thg vatue or desirability of the prop€rty that are not known to, orwthn the dilig€nt attenton and observaton oi tie partes An agent ts not obtigated to reveat to either party any mnfidantiat mformatjon obtained fiom the other party that does not rnvotue the afnrmaiive duttes set Forth above BI.IYERS AGENT A selling agant can, wth a Buye/s @nsenl agree to ac{ 6 agent for the Buyer only ln the6e srtualrons, the agent is not the se ers agent,even by agre€ment the agent may re@Ne compensanon For se.vrces rendered. erther tn iut or ln part from the S;tbr An agsnt acbng onty for a Buyer has the fotloung aflirmative obligauons To the Buyer A fiduaary duty of urlost care tntegflty honesty and loyatty tn dealings wIfi the Buyer To the Buyer and th€ Setler' (a) Dilrgent exerqse of reasonable sloll and c€re in performance of the agenfs duoes(b) A duty of honest and fair deating and good faffi (c) A duty to disclose all facts koown !o he aqent matenally affechng the vatue or desirabiiaty of ttle property that are not mown to. or Mthin $e dilrgent aftentton afld obsefvaton ot. the parties An agent E not obligated to reveal to edher party aoy confidentrat rnformahon obtarned from the oiher party that does no( nvolve tle anirmatvedutes set frcrth above AGENT REPRESENTIT{G BOTH SELIER AI{D BI'YER A real estate agent. ether actnq directly or through one or more assosate licensees can legalty be the agent of botr the Se er and the guyer rn a fansac[on. but onty 'I,/fih fie knowledge and consent of both fhe Seler and the guyer ln a dual agency stuatoo. tha agent tias the rolowmg affirmatrye obl€atons to bo[l the Se er and the Buyer.(a) A fiduoary duty of utrnost care. 'ntegnty honesty and loyalty in fle deatings wlth e{htr d1e Selb; or the Buyer(b) Other dutes to tile Seler and the Buyer as stated above rn their respective s€ctions ln repres€nung both Seller and Buyer the agent may not wthout he express permtsston of Uhe respectve party dtsctose ro the other party that the seller will accept a pnce less than rle l|stng price or fiat the Buyer wrl pay a pnce greater than the price offerBd. The above dutes of the agent in a real estate transacbon do not relieve a Seller or Buy;r ftorn the responsibtllty to protect hts or her ownInterests You shouki carefully read all agreements to assure fiat they adequateiy express your understanding of the transact on A reat estate agent ls a person qualfied to adv6e about real estate l, legal or tiax advrce E destred consult a competent professronat Throughout your real propeny ransacton you may receNe morc than one dlsctosure form- depsndmg upofl the number of ag€ots assstng rn tho transacton The law requres each agent w(h whom you have more than a casuat retahonshp to present you wfi this drsdosure form you should read rts contenb each hme I E presented to you, considenng the retatonship betweeo you and the r6al 9stat€ agent n your specific. of Slcuon. 2079.'t3 to m7gzit, inctusiv., of tha Civit Codc aqt lorth on p.gc F A COPY OF THIS OISCLOSURE AND IHE PORIIONS OP NrC CrW- COOE E euyer ! seler ! r-anotoru E Tenant E erya;sele.nu*". E ,"n* Urttrg Pkrn io t lL.) (As Gqulrud by thr Clvlt Cod.) (C-A"R Form AD, Rcyitcd 12,t4) provilgd rn connection w h a fansaction for a leasehold rnterest exceeding one year as per civil Date Date Agent BRE Lrc = 01280965 3y BREl.c ! 01226161 Date rl€ clpylE la$s oT the united siai€a a-. de t7 u s c.ode) roft6 fie unarfic{zed reproductbn or mls brm or an} ponioo r}efeof Dy dloio@pymachne or arw Olier 6s:trrs. r.lchJdng .r(smd€ or conputerEed bmdsCoplng O 1991-2010 CjLIFCRNIa aSSOC|ATION OF REAL:ORSO rNC AI]- RIGI{IS RESERIfD eql.lrry 21 Allstd|t Rea BlaE tsroker rFrn, Agency Disdosure Complrance (CMl tue 52079 14). When th_e_l60ng brokerage comp€ny also reprBsenls Buyer/Tenant The Us[ng Agent shall have one AD form stgned by Selb/Landtord and adifturent AD Ionn signed by EWer Tenant. whon Selle/Landlo.d and Buyerllenant are represented by dfierent brokgrage companres. 0) ltre Lstng Agent shalt have one AD bm s€ned bySeller/Landbrd and iit) he EuyefvTenants Agsnt shal have one AD form;qned Oy Buyer,,Tenant afo jith". Urat sam" or a difierent AD formpre6ented to Selledlandlord tor sqnature pnor to presenbton of the offgr tf tfie same form E'used. Sefler may $gn hero aD REVTSED tZr,r (PAGE 1 OF 2) OISCLOSURE REGARDING REAL ESTATE AGENCY RILATIOTiISHIP C6rI n r"on!r.9Ia! rC.?rpl rr. :.d fl.orpio Rinr C-{ 906a0 Far l$:l !6$:ti 6gr: SEd.td {n1@70 F'ns.n vde Road F6er Mrnoan 18026 clvlL COO! SlCrOflS 207924 (2t 79.16 APptAiS O t Fiot{y) 2079.13 As tls€d 'n SectnxE 207914 iom7924 ndlEr,e the fo0o{JrE t€nns have t|e foltow E fi€arings (r, 'A€enf rEans a persoo dlg l.rder pror,/rs6ns of TIde I (cDflrrencng wdtr Secton 2296) n a red praerty EaEadim arld indudes a person who lslterEed as a red estate brokEr tmde, Chapler 3 (comnEiong flfi S€c1im t0130) of Pan I cr oryisron 4 of Ele Bu$rEss and rcssroos Code and under wiose ficeise a I6{rE 13 e)€oJled or an ofier (o B]rchase 6 otbn€d (b) 'Associaie lbeos€e' fiEarr3 a p€rson who 6 lic€rEed as a led estaie broker or salespersr wder Chapter 3 (cor'mErrcntg wfi S€dbn 10130) of Part 1 of Div6hn 4 0f tle Bu$ess ald Proftssirfls Cod€ and who rs efier lic€flsed urder a broker or has entsed into a ,Jl/rrten con!'acr wth a b.ol(er !c acl 6 the broke/s agent ln cfineclioll wlrl *ts Equiring a lEd estale licaftse and 6 furEirn uder d€ b@le/s $pelugon ,fl re capadty cif ar assooate faerE€e The eeft n the real property ['ar6acton b€ars r6ponib&ty lor hB or her assooate licerEie€a wno pedonn as 4erlts of trle ag€nt When a, iHtoclitE tic€isee o!{€s a duty lo arly pnnopal, or to any buyet or s€{er u,lE rs not a oonoE in a leai p.oFrty lraflsadbn hat dity ls equrrahnt to tle duty o\r€d to flat pary by 0le b.oker lbr whom dE assogae lta€,lsee furEfuns (c) '8uyeC meats a FansEree in a real property transadon ard indud€a a person who effiies aa ofrr to offchase r€aj Foperty ton a seller rrcugh am 4em or who seels fle se.vraes ot an agE lt rn mde than a 6ud !'anstory or pre&nmary nEnner rfldi f€ obred d efitefirg into a leal p.operty traEacton 'Buyer" ndLdei yendee or lessee (d) Co(nnleroal real properv means all real p{ope.ry rn t|e sEbe eftept singr+Prmi}y r€$denEal red property, dtt€lling uots made EJti€cl to Cnapter 2 (conEnencing \M$ Secro,l 1940) of Trte 5 mobrtehorr€s. as derned in S€ctbn 798 3 or Gcreadooat v€ird€s as defn€d D Sedbn 79929 (a) '0'd ag€if dEans an 4efit adng eit€r '*ealv or fuurgh 41 assooate liaensee. as 4enr lor badr he sdbr d'!d [te Uryer ,n a €d prop€ny transadion (0 'Listng agreerhenf means a codtract betvEen ;n owner of led property afld an 4€n\ by whidl te agfil has been a!fionzed b sdt fle €d propeny or to find or oHr a buyer (gl 'LSru agE lf m€ans a pe{son wiE ha6 obta(led a [s!fE ot red propeny to act a6 ar agefit lbr compeftsation (h) 'L]strE pnce- ls dE anount elFressed n ddlts spedfed in lhe iirirB for which tle selLf is wildig b seg fie real properry hrdlgh fie listEE agent (i) OftrrE pnce' rs Rle anrourit o+.ess€d in dolas specif€d rn an oftr to purciase br whidr [€ hryer ls $rkE to buy fle €a] trop€rty (D 'O6er to punjl6e- n€arE a wdaen contract executed bt a buyer adirg lhmjgh a se{i4g aqeni fiat EEcomes dre mnt'-t for tfle sde oi Ure real property upon acce@rce by Rte sdter (k} 'Real poperlr means arry estaE specified by stbdiwsioo (1) or (2) of S€don ml n property dtat dl$rnnes or 6 'mtroved wdr o{E b itot d dlirE unrs any commeroal .eat proFerty- aw leas€*lold ,n tles€ types of paopariy exceedr€ orE y€als duramn. d\d nrtdehorn€s. when ofiered frir sale or sotd through an ageflt puBuant b tE alrhonty contafed ln Secdon 101316 of he Buslness al.d Profess,ois Code 0l -Realproperry Eansadofl'nEals a tarEarton f tle sale of real p.oFrty rn lvincrr aln agent ts ernplryed iry one ot more of tle pnnopds to ff n that EaEacton ard rndudes a tl$ing or an offhr to prjlliaae (tn) 'Se{ ' 'salr-- or'sold refurs to a ftr6aclor1 for the ransar of rcil pr@etty tom the eller io fie h.ryer am mdudes erchangB of real property be$€€n fle sdler aad 5{ryer transactons for ihe creation oi a red property sdes codt"act wiihn he meanxE o, Seclion 2985 arld uansado.is br the creaton ot a leasehotd e)ceediE one yeais drauon (n) 'Sler-' means the lransEror ln a real Foperv n-arEifiofl dl(l indud€s an ornrcr 'rrho lisls real prope'V with an aqei( whedEr cr not a E-ansb tesits_ or lvho €cerves an offetr io purcIEse real p.op€tty of u,hch he or slE E he ovner from art agent on bdlalt of andler S€ller' indud€s bo0t a veridor atld a t€ssor (o) 'SeltlrE agerif rieans a l60nq 4ent '/efio acls alorE. o. an 4F rl rrtro arcE n caoperaDn wth a {l50n9 agEot dld 'rtro sdb or nnds and obtafis a buyef fo.li\e leat propedy or an a€efit ,,yilo Iocates pr@e.ty foa a buyer or rrrtlo fnds a buyer tor a propeny for whidr no hsfing eEB arH preserib d1 ofrer to purdlase to he .dler {p} _Subagent means a F€rso.l io whorn an agert delegat€s agency powss as pruvil€d n Anide 5 (cdnmerlcu€ vrdl S6non 2349) of Chapter I of ,].itle 9 However _subagenf does not rndude an as6octate li.aerEee .Jrro ls aclirq ulder t€ EJpenison of an agent tn a reaj pfopedy E-ansa(loo 1U79.14 Ll.arE 4enrs atd sefliE ageib shafi pGude he seller ald bwer rn a red pmpeny larEacldr wih a cogy of rE drsdoswe brm specfred n Secaon 2079 16 and. except as prGnded n subdiv6lon (c) giaB obt&n a silned adsloreldg€rneflt of recept from dlat sdler or bLyer eEeR as govided m th6 secton or Sedon 207915 6ft o,ts la) fte l6tng agenl any shdl p{ovde UE drsdcure fonr b dle setler pfior to e,lignng mb f€ hsliB ereemeflt (b) The se{ E 4ent shall prwl@ the dsdoqJre brr: lo Ele selbr as aooo as Fra@6ble pnor to preaentng die sdler wlrr '] offer to purciase rJnless he selhlg 4ent preMo$ly provded nle se[er wih a copy of Ule dsdoslrre form frrg,uant to srldMsroo la) (c) ',nlhere the setfng agedt cbes not cted or a iace-Ghce bags ,trth tfle sdter f|e disdo$re funn prepa,ed bV the sell'ng aoem may be fumEhed to lhe sdler iatd aclfioMriedgemed of €cetpt cbtaned fur the selliru 4ent lrorn tE setter) W rtE lMrE aqenl or lhe selhrE ag€fi may delNer d€ dbdosure brm by certfed fiErl addressed b tre seller at h6 or her last tqlown address in whdt aase no s€n€d edoorvledgetnenr of recefl 6 requred {d) Tt€ sefing aOert shdl provde $e discbsure frrrn lo the buyer 6 soon as B-rcl(itbl€ pflor to erecr.aon o{ the buye/s offer to g,rEtase ercept dlat rf [re oftr to purchase 13 not pEpared 5y f\e selirg 4jert fie seltng agent shal prEs€nt trE disclo$tre form ro UE buyer not htet than fle n€xf Uisrness (k|y frer Sre sei[rE @eit receN€s fie oftr !o purEhase from dre fuyer 2079.16 h aiy crclmslarncE, n whrch the seller or buyer refus€s to srgn an adoo\rrledg€ynent of aeceDt pursuant to Seclion 2079 14 lhe agent or an associate licerEee acrrE br an agem shall set iorth s,gn ard date a written cteclaEton of the fac6 or trte reiJsal mrc.t6 R+roduced oo Page 'l of thls A0 lonn 2079.17 (tl As sccn a5 prdtcabe t|e selhg agst srE/l dbd@ E lhe irryer ard seler whetlEr fE selfiI€ a€erlt 6 ad.q lrt [E reat Ercperry Eansacton edrErreiy as dre buyer! 4ent edua.€ty as frle s€treis 4ert or as a dnd agenr epresentrE bafi 0E hr€r arld fie seler Thrs €*atoalshtp sha be cd!fnfed ,n ilE conEad iogrrdase dd s€{ real p(DFEty or n a se@ae llJtlEE exeo,rcd o. adoor.rtedged ry tte sdler ,!e buyer ard fle selLlq agefl prcr o or corldde ,.d,i ereortbn oi Brat coflt'act by d€ hryer afld fre sdkr resfot€ly (b) As s6o 6 pracicat e_ ,le hslrE ageflt shan dEdo- E he sdter whdter tre lEtng 4je 6 aah'rg {1 f|e red FrDp€fly Eansacton exdrsr/dy as he sefieis aqent or 6 a d.d agem €pres€(1trrtg bat [€ buyer and s€{€f ThE rdatd,shp s}lall E cDofrm€d n 0le contaai b purdrase aE sellr€alpmperty or n a seFarate wnttE etecjEd g aahotriedged b, f}e sdler ard f|e l8irE agelt plcJ ro or codr(i4bntwitrt dle execJton offiat aontrad gy $E sener(c) The Eonfrmabon requred by subdiyEons (a) and lb) shall !,e in rhe fottowng lorm iDO NOT GOMPLETE SAi.|PLE ONLY) rs the agefit of (check one): : he seler exdiJsvely or : botfl rhe buyer and seiler r Name of L6ting Agefl) {DO NOT COIV{PLETE SAMPLE ONLn ,s $e agem oi (check one) : dle b!ryer exdusvely or: the seller excluwet or iName of Selling Agem f not lhe same as the Lrstng Agen0 I both fie buyer ancl seller (dl TIle dEclosures and corifirmaEon requd€d by thls secton shall be tn addilion to trle d6do5.llre requtr€d by Secrton 2t[9 t4 ar?9.1t Mo sdeg 4ent m a red Pop€dy EaEadon nEy d as an aos fu dE fJyer oat, 'r*En t|e sef,mg 4ert rs dso actng 6 dle licifg aqefi n $e Eansadion 207t.19 The paymed of comFcnsatoo or the oblEadon to pay compensabon b an aoent by he setbr or buyer rs nol rEc€ssant ctetermrnaEve oi a parhqrta( ageocy relatomhip betlvee an age aM fie selbr or buyer A li5hg agent and a sellng agen may agree b share any compensaton or comnDssror! pad, cr anv nEht to arry compensaoon or commBsion for whirah an oblEEton ans€s as e result of a real eatate ll.arsaclon and fie Enns of any such agreement shdl not necessanv tE d€terminawe of a partcular reladonshtp ZO1!20 !9ming ,n thts ajlcle Frevmts an agent trom selecung as a condBon of $e agents employmem a speqfic brm of 4ency reEtonshp ,,cr speofically prohibited by tlis anide d the requrements of Section 2079 14 ald Sedon 2079 17 are complied wtt ZOr92l A dual ageot shau not disclose Io fie buyer tla the sdier ls rlllng to sdl t€ propefly at a pnce tess tlEn trE tistig p.rce. wthout he e$res.s wrilten cqrsem of tre selter A dual ageit strall not 6sd6e (o fie se{er tha flre buF E wllf|g to pay a Elce greaer fan ttle oflkmg pfce wfort dle exlress l^lritr€n cons€nt of f|e 2On .z! IlolirrE rn thts arlicle predudes a r66ng agent from also bemg a selling agen( and the comhnalon of th€se functims rn one ag€or ctoes not of itsdf make hat agent a dual 4errL 207923 A cont-acl betw€en tlle pnncpal and ageflt nray be morffied or aitered b dEnge rhe agency relaoorEhip at ariy [me before lhe performaEe ot the act whEh ls the obFct of E agency \$th lhe wfltten consenr ol t!€ pames to the ageocy relatiodshrp. m79.21 Noh'rE rn this arnde shall be construed !o stlEr drmflsh the duty of disdosure owed buyers and sdtefs by agen6 and heir assocjate ticeflseesgrbagents aad emF{oyees oa io re{reve agents and fiqr assogae tEensees su@enfs and employees fidn tti rlrty for trelr condud m connecton ffth actsgwemed fry rh6 ztrtcie or for any breach of a fduory duty or a dL(y oi Cisdosure PubEned fid D*rbll.d E REA ESIATE AUSNESA SERMCES INC a Dsrtdt dlE aatldna As'qjetul otrREar;CRSt , 525 Sor0r ',4rgrl av{tu€ Los Angd6 Clifofta 90020 Refi€*ed oy _ Det! t2t11l?aaa2o? 2l DISCLOSURE REGARDI G REAL ESTATE AGENCY RELAIIONSHIP (AD PAGE 2 OF 2} POSSIBLE REPRESEiITAI'ION OF MORE THAil ONE BUYER OR SELLER. DISCLOSURE AND CONSENT (CLR Fofm PRBS, 1lfla) A real eslate broker (Broke0, whether a corporation, partneBhip or sole proprietonihip, may represent more $an one buyer or sellcr. This mulliple reprEentatio{r can occur BrrouEh an individual licensed as a broker or salespeBon or through difierent individual broke/s or salespeGons (associate licensees) acting under he Broke/s license- The associate licensees may be working out of the same or different offic€ locations- Multiplc Buyers: Broker (indMdually or ihrough its associate licensees) may be working with many prospective buye6 at he same time. These prospective buyers may have an interest in. and make ofiers on, the same properties. Some of hese properlies may be listed wiih Broker and some may not. Broker will not limit or restsict any particular buyer fiom making an ofier on any pa icular property whether or not Broker represents oher buyers interested in the same property. Multiplc S€lbB: Broker (individually or hrough its associate licensees) may have lisfngs on many properties at the same time. As a result, Boker will atempt to find buyeF for each of those listed properties. Some listed properties may appeal to he same prospective buyers. Sonre properties may attract more prospective buyers than others. Some of hese prospective buye6 may be represented by Broker and some may not Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed prop€rties that may appeal to the same prospective buyers. Dual Agcncy: If Seller is represented by Broker. Seller acknowledges that broker may represent prospective buyers of Selle/s property and consents to Broker acting as a dual agent for both seller and buyer in hat iransaction- lf Buyer is represenled by Broker. buyer acknowledges that Broker may represent selleE of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. ln lhe event of dual agency. seller and buyer agree that (al Broker, without the prior wfitten consent of the Buyer. will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less $an the listing price; and (c) other han as set brfi in (a) and (b) above. a dual agent is obligated to disclose knolvn fads materialty afiecting the value or desirability of the property lo both parties. Offers not necessarily confidential: Buyer is advised *lat seller or listing agent may disclose he existence. terms. or conditions of buye/s ofrbr unless all parties and their agent have s{lned a written confdertiality agreemert. Whether any such infomaubn E actualty disclosed depends on many hctors, such as cunent market conditons. fie prevailing practice in he real estate community. the listing agents marketing strategy and the instructions of the seller. Buyer and seller undeBtand that Broker may represent more than one buyer or more $an one seller and even both buyer and seller on the same transaction and consents to such relationships. Sellcr and.lor Buyer acknowledgca reading and undeBtanding this Possible ReprBentation ol Morc fhan One Buyer or Seller - Oisclosure and Consent and agrees to tfic agency possibilities disclosed. Vemon City DateSeller Seller Buyer Buyer Oate Date Date Date Date Real Estate Broker (Firm) Cenarrv 2, A/rsrars CaIBREBy catBRE Luther Sanchez Lic * 01280965 Ltc# 01226161 Real Estate Broker (Firm)CaIBRE Lic # CaIBRE Lic + Date DateBy O m14 CdtuIrlt Assod ion o, REALTORSA lnc ulnEo $ales copyrEm la, f, fte ,7 u S Co(El fdDds nE unaunorEeo a,isrnDuro{t 6E0iay and Eprodudion ot rlrs tnn or any porton llle€ol by pnotocogy fndflne or ariy oher nE;Ets lflctuctng €csunle ot cornpu@flzed fofiEcs THIS FORt'r HAS BEEN APPROVED BY TH€ CALIFORNIA ASSOCIATION OF REAIr-ORSO ;C AR / NO REPRESEN-ATION lS MaDE AS TO THE LFGAL VA|ID|TY OR ACCURACY OF ANY PROVISION rN A IY SPECIFIC TRiINSAC-IION A REAL ESTATE BROKER lS THE PERSON OUAIFIED rC ADVISE ON REAL ESrA-lE TRANSACIIONS iF YOU DESIRE LEGAL OR IAX ADVICE CCNSULT AN APPROPRIATE PROFESSIONAL llle us€r as a REALToR@ AEALioFtG t a regiElered colbclive memleGhrp rnart irhci rfiry be u3ed ont] bv m€rnbels oa $e iuTroMr AssoclATtcN oF REA!.-CRSo Mlo sl.roscnDe to lts Code of EthEs FruuEhed ar{ D6urbuted b} REAL ESTA.'E BUSINESS SEFMCES INC a srDsrdaty ot he cdilorfia Asseaoor, of REqLIoRso 525 Souur viei Avenue Los Ang€les_ CaitomE 90020I Rovlelved by Date PRBS '11/r4 (PA6E I OF t) POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER C6rE:r -r!GB.9ris r.l.?rll -{E rrdFLcPtE tirE . C.r 9oitaO pno*: (t6, Ei-rjlt F.r: (S.:) t6$::! 60l: Sof.nt lEL..&r S.!.nc ftodu.lo s$ apFomia by lptootr t8070 Fitte.r &t! flo.d. Fr.s.r. tadrEa, 48{126 $;i+,,t,i+. NVE CAPACITY SIG}IATURE DISCLOSURE (CA-R. Fo.rn RCSO, R.vi..d 1tfla) This fonn is not an assignmcnt lt should not b€ used to add ncw partica ancr a conFact ha3 bcen tormcd. This is a disclosure to the Residential purchase Agreement. E Resljential Lisling Agreemeril :orher dated , for the property kno,rn as ('Agreemenf), ('Selled). 1. , A- ESTATE: (1) Selleris an eslate, l-- conservabehip, or -1- guardianship identified by Superior Court casc nane as -l B. -c. _'- D. 2. The Party acting in a representative capacrty represenls that the entl'ty fi3rwhich that Party is acting atready eists. ReprcaGntative Party: Entity Name (lf POA, Sign Principat's Name) _By (Representative Signature ) between and (Print Representative Name) (Print Representative Name) ("Ploperty"), , X Brokeo Print Tifle: Date: Entity Name (lf POA, Sign principat's Name) By (Representative Signature )Print Title: Date: Acknowledgement ot Receipt By Other party: - Seller - Buyer X Other: Bror(er (Signature)Date:(Print Name) (Signature)Date:(Print Name) e m14' cal'bnll assocanioo of REAToRS@ Inc ufliied slatss copynqhr ,aw Tr,tE t7 lJ s cde] br(b tle unaufo{z€d dsft-m,r rtspray a6 eprEductbn sf !h6 rbrm_or arry ponion lnefeot. oy pttoteopy rrErcnlrE or ar\ omer meam nituo-rg racsrr.re or carnorerzeo onmcnrls FoR^l .{As 8EE^i APFROVTD $Y "rE CArrFOnNr,c Asscc ',roi,r 6riEr(i5is-li'n n , r.,o eE RESEN-, AI|ON rS \,taDE AS rC rHE GGAL vruDfiv ORAccuRAcy oF A ry pRollsroN rN ANy spFsrnc rnervsqcrrox a a rtit-Fe,-Beor<En rs iHE pERsoN ot AUFTED To Ao!1sE cN REAr EsTATErMNsAcrrcNS iF you oEsrRE LEGAL oe rex louce coxsurr er.r epp-n6p-di*-"ibressroxer_ PublEtEd and D6hbuted ty REAL :STATE SUSINESS,SENTACES IIC a sJrbs@ary ofthe cato!fla issooaoo, of REALroRso 525 Scurh vtrgfl Av€flue Los ange€s cat,foma 30020 Revrewed by Date ^74.lsl aL-i':-.' RCSO REVTSEO t 1/14 (pAOr I OF t) REPRESENTATIVE CAPACITY SIGIIA TURE OTSCLOSURE (RCSD PAGE 1C.nF :l -r.naE rLS f.t.tFpr r"..tEn s.lAe Plrolle: (!':) isiutt Pr.du.rd rvth aDFo'lng b:/ nolo9 leOTO filt s! rrie R€! !i6€r Mc.nBff €O2E ;;,;i; c!4r, $.i+i.+ii?: r. gcLusrvE RtoHf TC, sELk RESIDETTITIAL LISTIilG AGREEMEIIT (Exclurivc Authorization and Right to SGll) {C-A,R. Fofln RLA, R.vi..d 11/i3) hor.by employs and grants ('Sqllea) ('Broksr)beginning (datE)Period")the exdusit/€ and County of Calilomia. Assesso/s Parcel No. ADOINONAL ITEMS IT{CLUDED: Seller inrends that the abov€ items b; 1,2015 and e ding at j t:59 p.M. on (dat€L to-s€ll or oxchargg th6 reat prop€rty in fie Clty o? 2.lrEMs ExcLUDEo aNo lilcLuoED: unless otheMse specified in a reat estate purchase agr€€ment a fixturgs and,tttings that 1!-1Lag!?9 rg rh! PrDperty aftr incrud6d. and parsonar property items are exduded. from the p-urcnase price.ADDITIONAL ITEMS EXCLUDED: a9rc€m6nt supersed$ any intention exprossed above and will uttjmately detgrmina wtlich it6m3 ar€ excluded and jnclud€d in thesale: and (ii) Broker is not responsible lor and do€s not gr&rrantee that [l; above Bxclusions and/or indusions wfll ba rn []e purchasea9r66m€nt. 3. LISTTNG PRICE AND TERiIS: A. ThE tisting price shafl be:Three Hundred Nlnety-Elght fhousand B. 4. COMPENSANON N' BROKER: Notce: Th€ amoum or rate of r6al €stato commlsslons ls not nredindividually and may b. nogotiabto betf€€n 56ll.r and Brokercompensatlon and foes to Brok€r). ^. :."ji.j i"sj=.^:-3i1.,"_ ?r:l::-.Try-1:1l ll.TrylTJ tnB.spacllv€ of as€ncy rEraronship(s), erther E 5.ooo percentof the llsting pncs (or a purchas€ -agre6ment is enter€d tnto. or if,e purci,aii fr/e1. oi _! (1) lf durtng '!he Listing pErioO. or or any psrson procurEs a ready,rr.qunng ne Lsong pEnod. or any extEnsion. BrokEr. cooperating brcker.willing. and abte buyar(s)'rfiose olt€r to purchase the proDertv on;nv oncrPfoDertv on anv oric6 and terms i. r.:.a6r6d hv qAflar ^, wi.ra,{ rl.: Euyer compl6t6s the fansaction or is pr6v6ntad from oot _ _ escrow rEsuftlng from such oligr clos€s during or after th6 OR (2) lfwithin 30 calendar days (a) attEr ti6 end ot the Agreem€nt, unloss oth€Mise agre€d, Seller enrers into a i3?i.1f:":l:til::y:/*)^::,T,.?:S:l:_:1"11 1lryr-ll.fo.physicarry entered and was shown the property dunns :i:.:,,:9,,::1l_"1 ::y--T"g1i ly_ l,:ker or. a coopeiadne o'0i".1 oiliii ril;;;';d"; ;;;;; ;;ffi"i il,I;; :::f$1,:-s-1,A-1:!:-"dj lt"n on r io acqurre,.r.is6. "ri,un!" o, ooiiin;" "p*;;;;;;d;d'j"jil';'J::;::"jll"^,,"-:: -"3:1"-Y:: 19 ^Bj:f1'-yldj'j_lf graph 4A(2r^unress nir r"t"i rn"n i ""-LiJ";;"y" ;ft;i# ";;'; tnrffi;sPedod cr any enension cr cancellatlon. Brokei has given Seller a ffitten notice ofu," nurn""lr ar"fr pro-spectjve Buyers.oR (3) .. :t """,,e":::.lll^"-::':1.-tT:"ly^?J_" q1o-1" p; C;11.il .ul* il;ilfft;Jn .o,p"noton due under parasraph 4Ashall b6 payabre onty if and when sEr;r c;reas damages by "uit. "o,t "rion -."nr;il;;il"d;. ;&; |n1?'ffi;Iequal to the lesser of on€-half of the damag€s recovered dr the above mmpensa0on, alter first deducting tifls and escrowexpenses and the expenses ol collecton lfany. ln addlton. S€ll6r agrE€s to pay Br s6lhr has b6en a(tuised of Bok€rs . and th€ anount 6t.nmnrircrri.^ ^fr.a,r r^ ^rha. bn kers.(l) ?lg!,1- is authorized to coopgrate wth and comp€nsate brokers participatr s€rvice(s) IYL^:I:I-"1_TIS ,j. 4LS brokeB out of Broke/s compcn €tion 3pecified in 4A. p.rc.nt otI^Y::l:1"-t:::^s ,:-rylLs broker out of Brokers compcn otionspetieo ii an frriJn.,,;ithe purchase price. or__ S - (21 lT-":il::j:fj:,to-1g3laglrq;na comnens xeIs cperatins ,uEide the MLS as p6r Brok€r,s poticy "..-.,,r9w-_--9EEIrr unlgss sp€cjfiad as follows: rEvlously enbrEd into a listing agrosnErt wih anqfi€r brd<er rBg.rding he Prop€rty. (2) Seller ,var.ants r.hat Se er F.a; no to pay to any other unless theProperty is Eansf6ned to any ot th6 fo owing individ;ats o; editias; by law. Th€y aro sst by €ach Broker(real €state commissions include all c. D. (3) tt ttre propeny isJotalo anyone-during the iime lo compengat€ another broke[not Entitled to compensation und€r this Agre€m€nt:-.nd (ii) Brorer i" not ooiigitei to i;f";ll;i";;;il'ionll"uon_ G 2013 Catifomra AssocEron or REALTORS@ tnc RLA REVISEO 1Il13 (PA6E 1 OF 5I Selle/s lnmals ( _ ) I )eRLA REVTSEO 1tll3 (PA6E 1 OF 5) CEiE : I .{orts tlsi l.i€trp! -\(. :d Ft&r pi6 Rn-.r C-t 9oa6r, !4170 Fltoen:rle R@d F.G€r Ml':naan €028 6t4l St,ftord Ave Prcpefty Addtecs: HunUnqlon Part, CA 90255 Oa|.: September 1 , 201 5 5. A. MULTIPIJ LIS1TIIO SERVICE: Broker is a participanusubscrib€r to Multpl€ Li.sting servic. (MLs) and posslbly oth.rs. untess othJwis. inStructed in writng tle Proporty will bc listod with the MLS(3) spocif,6d abov.. That MLS B (or if chack d i is not) tha pdmary MLS for the geoglaphlc aft'a of th6 Propsrty. All tErms of the transactlon. lncludlng salos pric. and llnancing. il appticabte, (i) will b€ provid€d to the MLS in which Ule prop€rty is listod for publication. dissBminaton and use by p€rson3 and €nt{os on tems approved by Ure MLS and (ii) may bo provided to the MLS ev6n if the Prop€rt E not tist€d with tho MLS. or some form). other penod of time after all n€cessary signaturss have be€n obtained on the listing agrEement Brok€r will not have to subm this listing to the lvlLs it within that tma Brokor submits to the MLS a form signed by Setlor (CAR. Fom SELM or thc locEl equivatent C. MLS rules allow t"'lLS data to b€ made availabls by the MLS to additional IntemEt siiss unles Broker gives the MLS instructions to the conFdry. sellgr acloowledg6s that lor any ol tho below opt-out instuclions to b€ 6r6div€, saller must mak€ thom on a s€parste instruction to Broker signed by 56116r (C.AR. Form SELI or th€ local €quivatent lbrm). Sp€ciilc information mat can be exclud€d tom the lnt8met as permitted by (or in actordance with) tls MLS is as foltows: (1) Prop€rty Avallablltty: se 6r can hsuuct groker to have the MLS not dEptay tra prop€rty on tro tntgmet (2) Prop€rty Addr€ss: Seller can insuuct Broker to havs the tulLS not dlsplay tlre Prop€rfy ddrBss on thE tni€met. Seller undeBtands that the above opt-oub would m3an clnsumgE s€arclring hr tistinas on th6 Intemet may not sae the property or Property's address in rBsponso to th€ir soarch. (3) F€atur€ Optouts: Seller can lnstrucl Broker to advise the MLS that Se or do€s not want visitors to MLS partjcipant or Subscdber Websites or Elecuonic Displays thai dlsplay th6 Propsrty listing to have the featuras b6lcl\v. Seller understands (i) that lh€se opt'outs apply only to websites or El€crronic Displays of MLS Participants and subssib€rs wtlo ar. real €state broker andagent memb€6 of th€ lvlls: (ii) that o$er lniemet 3itas may or may not hav€ th6 featur$ sel forttr her€in: and (lii) that neither tsroker nor the IVILS may have tha abitity to control or btock such l€atures on oth6r lnt€met sitss. (a) CommenE And Reviews: The ability io write commsnts or r€views about the Poperty on those slt6s; or the ability to link toanother site containing such commenB or revi€ws if thg link is in immediate coniunc-tion witti lle eroperty. (b) Automat€d Estimata Of value: The ability io creat€ an astomat€d estimate of valu€ or to llnk to anoth€r sita containing such an estimate olvalu€ if thE tink is in immediate conjunction t/ith the pmperty_ S6llq/s lnrtials { _ ) (_)eRLA RIVTSED t 1/13 (rAa! 2 of 5) RtsloE nAL USTTNO ACRIEMENT. eXCLUSM (RLA pAC! 2 OF 5) Prodrc€d ,rtl 21oFo.,!!@ Dy lrFrood ja07r] F;n dl Hire Roa! F.aslr Mi.hiCan !da6 ,wz.ltr.m EENEnTS OF USINO mlMLS; IMPACTO| O?ltNO OU?O| mE MLS; Pigiltan O Au. OItriS WHAT lS AIil MLS? Tha MLS is a datrbase ot propenias 6r sale that is available and dls!€minatgd to and acce3ribh by all oth€r real estate agents who ale participank or subscrlbers to th€ MLS. Property inlormatlon submitted b th€ MLS describ€s the pricr. terms and condiiions und.r which the Sello/s prop€rty is orlered for sale (includlng but not limited to the tisting broko/s ofler ot compensation to other brokers). lt ls llkaly that a significant number of real estate practtionoB in any given ar€a ar6 participants or subscriberc to tho MLS ThB MLS may also b€ part of a reciprocal agrEsment to whlch oth€r multiple listing seMces bolong. Reat estate agents bolonging b othEr multlple listing servicss that have raciprocal agr€emenB with the MLS also have acce$ to the informatjon submitted to the MLS. Th€ MLS may turfi€r transmit the MLS databas€ to lntEm€t sites that post property listings onfin€. EXFOSURE TC, BUYERS TI{ROUOI{ lrlLs: Usting property with an MLS expose3 a sell€rs property to all reat estate agenb and brokers (and their potential buyer cli€nts) who are participants or subscribeE to the MLS or a rsciprocating MLS. CLOSED/PRIVATE LISTING CLUBS OR OROUFS: Closed or p.tvat6 [sting clubs or groups ar€ not th€ sam6 as tho MLS. The MLS referBd to above is acc€ssibls to all eligible real €state llconsees and provtdos broad exposure for a listEd propsrty. Private or closed llsting clubs or groups ol lic.nssos may have bEEn formed outsid€ the MLS. Private or dos.d lhung ctubs or groups ar€ accessible to a more limited numb€r ol llconsa€s and generally olfar l€ss exposurg for ligted property- Wh€th€r tisting property through a closed, Private netvJork - and excluding it trom fie MLS - is advanlagoous or disadvantageous to a ssller, and why, should ba discuss€d with thg agEnt taking the S6lle/s listing_ NO? LISnNO PROPERW lN A LOCAL MLS: lf the Property is Iistod in an MLS which do.s not cover the grographic area wher6 tho Prop€rty is locatod then r€al estate agents and brokers,rorking dlat t€nitory. and Buye6 th€y rEprEsent looking tor property in the neighborhood. may not b€ avrdre th6 Prop€rty is for sale. OPTI O oUT OF MUi: lf S€ller eleds to exclude ih€ Property i?om the MLS, Sellgr understands and acknowtedg€s that (a) reat estate agen6 and brok66 fom oth€r real estate ofiices. and their buyer ciients. who havs acc€ss to fiat lvlLs may not be aware that Selle/s Property is ollBred tor sale; (b) lnformation about Selle/s Property will not b6 tsansmitiad to various real estat€ tntemEt siles that are used by the publlc to search for property lEtings; (c) real $tate agEnB. brokers and m6mb6rs of the public may be unawar€ of the terms and conditions under which Sell€r is mafteting the Prop€rty. REOUCIION lN EXPOSURE: Any reduc{on in exposur€ of th6 Prop€rty may lowEr the numb€r of otlErs and negatvery impact the sales price. PRESENTINO ALL OFFERS: Sellcr und€rstands that Eroker must presont alt otf€rs r6c!iv6d br Sefl€fs Property unte-rs Se er gives Broker written instruclions to the contrary. grok /r hiti.b t 6044 Saefro.d Ave Prop€rty AddrBss: 6. SELLER Oalet Sept€mbet I , 201 5 is unawar. ot (i) any Notic. of o€fault rscorded against the Pmp.rty: (ii) any d€linquent amounls du€ under any lo.n s.crrad by. or other obligalion ar.cting, tha Property; (iii) any bankruptcy. insolvono/ or simllar proceodlng afiacting ttu Prop€rty: (iv) any litigation. arbitr.tion, administrative aaion, govemment inv€stigaton or other panding or thrcat€n€d adion that afocts or may atl6c1 th6 Proparty or Sell€ls ability to trangfrr it and (v) any drr€nt p€ndlng or proposcd special assessrnsfib a,tleding fi€ Frroperty. Ssllcr shall pmmpty not'fy Eroker in writing it Seuar bccom$ awarE of any of thase itams during flra Listing Pariod or any extaNion thar€ol,7. BROKER'S AND SELLEFS DUIES: (a) Blokcr agra€s to exerck€ ieiBonable Bffort and du€ dilil€nce b achi6va the purpos$ ol this Agrg€mont. Unlss S€ller givot Broker witt€n in3uuclions to !10 cont'ary, Brokar is iuthorized to (i) order raports and disclosures as nece$ary. (ii) adverliso and market He Prop€rty by any method and in any modium setedBd by Broker including MLS and the tntemet and. to tlre 8xt€nt permitbd by thes€ media. control tla dissemin.tion ol the infomaton submitted to ant modium; and (iil) dEdose to any rEal cstat licen3.€ makhg an inguiry the r.c.it, of any oibrs on th€ Prcperty and t1a ofilring price of such oftbrs- (b) Seller agrBe3 to consu€r olLrs pr$€msd by Brok6r. and b ad in good laith b acrlmplish te sale of fi€ Pop€rty by. among other thing!, making fi€ Prop€rty available for showing at reasonabl€ tim6s and. subject to paragraph 4F. retening to Broksr all inquiri€ of any Party interested in th€ Prop€rty. S€ller is re3ponsibl6 for dEtormining at what price to list and s€[ the ProPerty. S€ller turth€r agr€€3 to indemnily. delbnd and hold Bmkcr harmlGs lrom all claims. disputes, litigalion . judgm.nts attomey f€Es and costs arising trom any inmrecl inicmaion suppliad by seller. or fom any maftrrial facls that s6 6r kno\rvs but iails to disdos€. 8. DEPOSII: Sroker is authorized to acospt and hold on Selle/s b.ha[ any d€posit3 to b6 applied toward the purcIase price. 9, ACEI{CY RELATIONSHIPS: A. Disclosure: If th. Property indud€s r.sidential prop€rty with on+to-fou dw.lling units. S€llar shafl receiv€ a 'DisciosurB Rggarding Agsncy Rglatonships' {C.AR. Fom AO) prlor to ant€rtng ifito thts Agre€ment. B. Seller Representation: Broker shall rapres€nt S€ll€r in any resutting transaclion. excspt as sp€cmed in paragEph 4F.c. gossible Dual Agencltivlth Buyan Dep€ndlng upon th6 cirqJmstanqas. it may be n€cassary or approfnati br Broker to acl as an ag€ lbr both Sellar and buyer. exchango party. or ona or fi|ore additional partes (-8uyel,). Brok€r shalt. as soon as pracllcablg. disclGe to S€ller any oledion to act as a dual agent r€pr€s€nting both S€llEr and Buyer. lf a Buyer is procurgd directy by Bfoker or an associat€lic€ns€€ in Bmke/s firm. Se[€r h€reby consents to Brok€r acting as a dual ager{ lbr Soller and 8uyer. ln lhe event ofan €xdrang6, Solbr hereby consBnts to Broker coll€c1ing compsnsation l?om additonal partiss br s€rvic€s rendored. provided thore is disclosure to all parties of such agenc] and compansaBon- Seller undeBands and agrgss that (i) Broker without the prior Miten consant of S€lle( Ml not disdos€ lo Buyer llat Seler is willing to s6ll fie Prop€rty at a prlce l€ss than the listing price: (ii) Broksr wiElout the prior v4itten consant ot Buyer, Mll not disclose to Seller that Buyer is wi ing to pay a prico greater than the cllered pric6; and (iii) except f3r (i) and {ii) above, a dual agcnt is obligated to disctose known facis matsrially afloctrng th€ value or destrability ofth6 Property to both parti6s. O. Oth€r SelleB: Seller undarstands $at Brokar may hav6 or obtain listings on oth$ propeni$. and that pot€ntial buyers may consider. make oflers on, or purchas€ through Brok€r property the sam6 a3 or similat ro S€tle/s Property. Sell€r consents to Brokefs representauon ofssllers and buyeB ot other properties bebr€, dunng and afier thg End ofthts A€reement.E. Conllrmation: lf the Propedy jncludos rssidential prop6rty with onE-to-foui dwelling units. Brokar sh;ll conllrm the agency r€lationship describ€d above, or ag modified, in wrifing. prior to or concunEnt with Sellsfs sxocution of a purchase agreemJnt. 10. SECURIfY AND INSUMNCE: Broker is not rssponsible for l ss ot or damage to p€rsonat or raat pmpdrty. or perin. whether atEibutrable to use of a keysat€4od6ox. a sho,ving of th€ Property. or oth6rwE6. Thrrd parti$. including, but not timit€d to. spprasers. insp€ctors. br0k6G and pmspedivo buy€B. may havg accass to. and takg videos and phoiographs of, fie interior of tha Property. Seller agress: (i) to iake reasonabl€ pl€cautiom to satoguard and protea, vdusbs that might be acc€ssible during 3howings ;f tre Property: and (ii) to oblain insurance to prolect againsi these risks. aroker does not maintain insurance to protect Seller. 11. FHOTOCRAPHS AND INTERflET AOVERTISINO: A. ln ordgr to ef,eclively martgt the Prop€tty tor sale it is olt€n necessary to provide photographs. virtual tours and oth€r media to buyers Seller agrees (or _ It crr€ckad do€s not agrea) that Broker may photograph or oth€Mse el€ctronicaliy capture imagos of th€ oxterior and int€nor of the Property ("lmages') for siauc and,/or virtual tours ot th6 Property by buyars and others-on Brokefs 'rebsite. th€ MLS. and other maketing sit€s. Seller adoowl€dg€s that once lmages are pt;cEi, on th6 tntem€t neithsr Eroker nor Ssller has clntrol ov€r wlro can viEw such lmages and ,rhal us€ view€rs may mate ol itre lmagss, or how long such lmages may remain available on tha lntemat. Saller further agre€s that such hages ars the prop€rty of Broker and that Broker may use such lmages for ady€rtBement of Broke/s businass in th6 fiJture.B' S€ller ackn(n,'r'ledggs that prospect ve buyars and/or oth6r persons coming onto the property may take photographs. videos or othor images of the prop€tty. SEller undeBtands that Brok6r does not have $e ability to control or bloci th6 aaking and use ol lmages by any such perscns. (lf ch.cked)_ seller instructs Broker to pub sh in the MLS ulat taking ol lmages is limted to thosa persom prEparing AppraisEl or lnsP€clion r€ports. S€ll6r acknowledges that unauthorized persons may take images who do not haYe acc!|ss to oI have not rsad any limiting instuction in the MLS or 'rho take images €gardl;ss of any timiting insuuclion in th€ MLS. Onco im€€s are taken and/or put into electonic dlsptay on the lntemot or otrlerwis€. nerther BiokEr no? Sellgr has control over who views such lm€6s nor what use vi€w6rs may make of th€ lmages. 12. KEYSAFE/LoCKBOX: A k€ysate/loc(box is design€d to hold a key to ure nroperty trc p€r;it acc€ss to th6 property by Broker. frJ:llAffi 'Rl?i."Jijf f f; !;,lf "1T,3Iiilil116r do6s (or il checkeC f Ooes notl auttrorize Brok€r ny, Seller shall b6 rgsponsibte tor obtainlng occupant{s), vnittenpcrmis3ion lor us. of a k€ysalbltoctoox (C.A.R. Form KLA)- Seflelstnitals(_)(_)/4.l=l:ir:J. RLA REV|SIO 11/r3 (PAOE 3 OF 5l RESIDI nAL USINO ACRttrrtENT. EXCLUSM {RLA PAGE 3 OF 5}Prcd[... elin z!f,drn! !y zlo[ols 1lt0?0 F,tben ltr! Roa6 raser r.fdrqai rAd26 szanrodsffi 13. tloN: s.lls. do6s (or it cfied.d I does not) authoriz. aroker to instafl a FoR SALaSoLO tign on the prop€rty. l't.IQUAL HoUslM, oFFORIUHI?Y: The Prop€rty is otlered in csnpllancs wi[l f6d6ral. state and tocalanti-dbcrimination taws 15. ATTORNIY Fl33: ln any adion, poc.eding or aftitsation b€tw€€n S.ll€r and Brokrr regarding the oot\ration to pay comp.ns:fion under thls AgrBement. the prevalllng Sallgr or Broksr sfiall ba cntled to reasonabtc anomey fees ano cost tom th; non+r€vaiflngSeller or Broker, excopt as pmvidad in paEgraph .19A. 60/g Stallord Ave Ptop.tty tddt'.s: Huntinqe,n Part, CA ln2SS Oab: S(E[emtfg:!;-rci 16. ADOT11ONAL lERtrrts: - REo Form Shon Sale lntormation and .A.R. Form Addendum Atl seles and e sat€ tems eml conditions are Councll 17' an associat+licens€a in Broke/s olica (salespgrson or Uoker-associate) enters into this Agreement r Manager doe3 not apPove of its terms. 8Ek€r or Manager has the right io cancal rhG Ag;eBment. execution. 18. sUCCEssoRs AND Asslct{3: This Agr€om€r shall be bindlng upon Setl€r and Sellers successorc and a3signs. I9. DISPUTE RESOLUTTON: A. MEDIAIoN: Seller and Broker agrgo to mEdiate any dispute or ciaim aising b€tween them regarding the obtigation to pay rbitEtion or court action. lvtediation f6es. it any, shall b€ divided aim to lvhictl Elis paragraph appti6s, any party (i) comm€nces an mediation or (ii) b€forE commenc€meot of an action. refuses to ll not b€ entiilsd to recover atomey fe€s. even it th€y lvoutd MEDIATION PROVISION APPLIES WHETHER OR NOT THE this medlation agre€mer arc sp€cined in paragr.ph tgc.B, ARBIIRATIOiI OF DISPUTETT: ing th€ obtigauon to pay ded by neutral, bin.ling of rcsidenflel raal estata rant arbitrator, Tha partas shall hlve tho right to discov€ry all ottr.r r.sp.cE, th. arbiEa0on shall b. conducted i; rward ot the a6itrato(s) may be shall b. govemed by th. F.drral 19C. LOW YOU ARE AGREEINO 11, HAVE ANY OISPU1EARISINC OUT OF TI{E MATTERS INCLUDED IN IHE 'ARBITRATIOI{ OF OISPUTES' PROVISION OECIDEDIY T{IUIIAL ARIIIRATION AS PROVIDED BY CAUFORNTA LAW ANO YOU ARE GIVING UP ANY RICHNiYOU MI6HT POSSESIS !C' HAVE THE OIS'UTE UTIGATEO IN A COURT OR JURY IRIAL. BY INITIAUNC INTHE SPACE BELOW YOU ARE OIlnNC UP YOUR JUOICIAL RIGHTS TO OISCOVERY AND AFPEAL UNLESST}IOSE RJGHB ARE SPECIFICALLY INCLUDED lN fiE 'ARB|1'RATION OF DISpUIES; iAOvrSrOU. rr yOU REFUSE To suBltllr 11, ARBITRATIoN AFTER acREEtNc ro l{ts pRovtstoN. you MAy BE coMpELLED 'O ARBIIRATE UNOER T}IE AUTI{ORITY OF TI{E CAUFORI{IA COOE OF CIVIL FROCEOURE.YOUR AGREEMEI{T TO TI{IS AR'IYRATION PROVISION IS VOLUNTARY.' "WE HAVE REAO AND UNDERSTAND ?I{E FORECOING ANO ACREE fO SUBMIT DIIiPUIES ARISINGOUT OF THE MATTIRS INCLUOED IN TI{! 'ARBITRAIOH OF DISPUTES' IROVISION TC' NEUTRALARBIlIATTON." C. ADOITIONAL MEDlAIoiI AI{o ARBITRATIoN TE.*., '"d€€d of trust, mortgage or acfon; (fi) the flting or r. thc recordins or a nodc. ", 0""[lltoXtli,jfl"rt."';J[?:lattachmcnt, racalyarship, lnJuncdon, or othor provlslonal remedies. sh;ll not consu[Jto'a watv-er or vtotatton of themadlauon and arbitrafron proyislons. S€ ersrndiats(_)(_) RLA iavrsao l1113 (PACE a OF 5l Rt3tolNyrAl usllNo A6REE ENT - EXCLUSTVE (RLA FAOE 4 OF 5) 60j, Staflord Ave Property Address: Hun&irl Oale: Sept€,Ilber l, 2015 20' ENnRt AORE! !!{T: All prior discussions. negotiations and aqreements betwesn th6 oarti.s con.lming the $biccl mattEr ol exclusive oxpression ol oral agrecment. If any be givcn tu force and counterparts, ile may bo ex'cuted in 21' owNEisHlP' TITII ANo AUTHoRITI: Soll€r warr.nE trat (i) Seller is th6 ownsr ot th€ Property: (li) no other po6ons or enutreshav. tlte to the Prop.ny: and (iii) Se-ller has th€ authority to both ex€cste thi! Agreement ina'sjtt'rre prop€rty. Exceptions toownership. title and auhority ars as follo\,,rs: - REPRESENTATIVE CAPACITY: This addondum is bring sEned for s6ll€r by an indMduatacting in a Repres€ntative capacity assp€cifisd ,n th. attacfi€d RePresenHive capacity sEnatur. oEdosuE (cA.R. Form RcsD). wmrjver ne iignature or initials of therepres€nialive identmcd in tha RcsD apPear on this Agreem€nt or any retalsd documenE, it shall b€ deemed ti be in a reprresentativecapacity for [le entity described and not in an individual capacity, unle3s otheMis€ indicated. Seller (i) repres€nts that the entity forwhich.the individual is signinE alrBady 6xisE and (li) shall Dellvar to Broksr, within 3 Days A{t6r Exeslton ot uris tgrearnent evidenBol authority to act (su€fi as but not limited to: applicabl€ tust doclmant or porlion [lereol l€tt€rs tostamentary. coun order. power ofattomey, rasoluton, or tormaton documgnE ofth€ business entty), By siqnlng b.low, sell.r acfinowl€dg€s that s.ll€r has rBad, undcrstands, rEc€ived . c@y ot and agrEes to th. t rms ol ihisAgr€amanL S6IIET Address Stat6 Ap Telephone S€ller Address Siar3 Telephone Real Estate Broker (Firni Centurv 21 Altstr].s Cal BRE Lic # Ol2g}g6sBy(Agent) Lrri.rsancrrez Cat BRE Ljc * 01226161 Date ,\dJ,Jess 9155 TeteanDh Rd 2nd Floor Ctty pico Riven srar6 cA zip 90660 Telephone (562)75&9387 Fax (562)3A1.71/n Etnait melesticbrokerl@rmait.com Date zipCity EmarlFax nglht ErY tTfde 17 U S Coder lbrths B€ unaulbrZed dEtnDUEn spEr^ dld rcp{Oolldttxt Oi IrE dmg hstrnue or compuErize{ bnftfts sp.EJLle_5At$!lo_" f '.msffi BAS?d:JffiFEIlilT,lllH$ t 1""#"?*"i*Jf ?S^+TRANSAcT'IoNS rF ..ou DEslRE LEoAL oR lAx ADVTcE ccNsulr erv appcopRnre pi6ressroNAr Publist€o ano D6inibuted ov REA]. ESTATE BUSINESS SEFMCES. INC a sunscrary ol t e Caitonta,Assocraoo/, oiFIE LIORSO . 525 Souln vn$tal/eiue Los Ang€l$ Carilbmia 90020 Uv DarE RLA RIV|SED fifi3 (PAOE 5 OF q REtatDtNTtaL usltr{o aoRltMlitT IXCLUSM (RLA pAOE 5 OF 5}:,.oitu.96 eit! z6Fa.n6 by arLols 13ti?o -dEt ! r,utc Rord Fr6ss [Grigfi ,16026 ffi?xLr(arn SELLER'S ADVISORY {C.A.R Form SA, R.ylrcd llr13} Prcpefty Addt.ss:. 6OtU Stelford Ave, Huntndton Perk, CA 9O2Si fprop6rty,) l. |i{TRODUCiOH: S€lling property in Calllbmia is a proc6$ thar involyes many steps. From start to finEh. it coutd tak6 anMere trom a lew we€ks to many monlhs. dep€nding uFlon ths @ndition ot your Property, local market conditions and other laclors_ you have alrEady tal(on an important ltst step by listing your Propsrry for sale with a ticens€d r6at *tate brok6r. your brokBr wil h.tp guide you through the proce$ and may r€ter you to oth€r prof8sionals, as rc€d€d. fhis advisory addr*s€s many fiings you mai n6€d to think about and do as you market your Prep€rty Some ol these things ar€ rEquirem€nE impeed upon you, eitri 5,7 faw o-r by the listing or sale contacL Others are simply practical matt66 that may aris6 durtng he process. Pteas€ read this doclment caretully and. ifyou have any que3tions. ask your broker or appropriato legal or tax advisor lor h€tp. 2. DTSCLO9URES: A. Canaral DisclosurD Dr.rtk: You must atllrmawely dlsdos€ to the buy€r, in lvriting, any and all kno,vn facls that malefia y 6tr€ct the value or desirability ot your Property. you musl disclosc fiese lacts wh€lher or not asked about such mattgB by thobuyer. any brok€r. or anyono else. This duty to disdoss applies ev€n if th6 buy€r agr66s to purchas€ your property in its preisnt cEndiuon without rgquillrE you to mako any rEpairs- lf you do not know wlat or h6v to dbdosa, you should consult a real esat€ attomey in Califomla of your choosing. Brokcr cannot advisg you on th€ legal sultlci€ncy of any disclosures you mak€ lf the Property you aro selling is a Bsidence Mth onB to fuur uniB except br c€dain subdivisions. four broker also has a duty to conduct a leasonably comp€tsnt and dilig€nt visual in3p€cton of the accossible areas and to discJos€ to a buyer all adversg mateial tacls tlrat tho insp€ction reveals. lf your broksr discoveB som€$ing that could indicate a problem, yout brok€r must advE€ the buy€r. B. St tutory Outlos: (For on6-to-t1cur Residsntial UniE): ('l) You musr timely prePare and delivor to the buy6r. among other Elings. a Reat Estate fr.nsfer Disclosura StaE{rent (TDS,,). ,nd a Natural Hazard Disclosure Statement ("NHD"). You have a legal obllgation to hongs y and comptetety fill out 16 TDS 'om in its ar ir€ty. [tclany local entities or organizations have th€ir o\l"n suppiement to me fDS fiat you may also b€ asked io c.mPl€te.) Th€ NHO is a statemont indicating ' hefier your Prop€rty is in c.rtain d€silnat d ftood. fire or €arfiquak s.isnic hazard zones. Third+aiy prof€ssionat compani€s can h6tp you with this task. (2) 06pendhg upon th€ ag6 and type o, con3tludion ol your Prop€dy. you may also b€ r6qui6d to provid. and. in cerhin ca36s you can rsceiva limited legal poEction by proyiding, he buyer wi[l booklsb entiied'Th€ Hom€ownei3 Gui.C€ to Eartlquake salety." 'Th6 commordal Property owners Guld€ io =artlquat(e safety." "Proted Your Famity From Laad in your Home,'and.Environmental Hazards: A Guids For Homeswners and 8uy6rs." Som6 ol th€s6 bookl€b mty b€ packaged together for your convenience, The €arthquake guides ask you to answer specific questions abod your Prop€4y's strucuL ano preparecness for an aaniiquake. It you are r6quir8d to supply th€ booklst about lead. you wili also be rgquir;d to disclose to dle buyer any known lead.basod paint and lEad-based paint hazards on a sepaGte lbrm. Th6 environmental hazards guiOe info#s mi buy6r of common environmEnial hazards that may b6 found in prop€rti6s. (3) lf you know that your property is: (i) located within on6 mile of a former milltary ordnanc€ locaton: or (ii) in or afiecled by a zcne or disEict allowing manufactJring, corunercial or airport us6. you musi dbdGe this to [lB buyer. you are aBo required to makc a good faith 6fton to obtain and dBlivsr to tle buyBf a disclosurB notte frcm the appropriate locat agenry(b3) about any special tax l6vi€d on your Property pureiant to th. Mello-loos Community Facilities Act El€ tmplov€ment Bond Ad ol 1915, 5nd a notice conc{tming the contractual assEssment provided by section 5898.24 of th€ st!6ts And Highways coda (coll6ctiv€ly. "Sp6cial Tax Disdosur€S'). (4) lf the TDS. NHO. or lead, militiary cIdnancg. commercial zone or Special Tax Disciosures are provid€d to a buy6r alter you accept that buycts ofi8r, tho buyer will have 3 days aier dslivery (or 5 days if mait€d) to terminate t1e ofler. wtriih ts why -it is extrgm€ly important to complete thes6 disclosuros as soon as possible. Ther6 arE carlain Ex€mp ons from thEse stat/tory r€quirEmgnts; however. if you have actual knowledge ot any of these lbms. you may still be requir€d to make a disdosure ai th6 items can be considered margriallbcts. C. Dcath and Oth.r Oisclosures: Many buyers consider d6ath on r6al pmp€rty to b€ a mderial fad in ule purchase of prop€dy. ln some situations. I is advisabla to disclose that a death occurred or th€ manner of d€aih: however. Calilomia Civil Cod€ S€clion 1710.2 Provldss ftat ygg-heyg-!9-CiSdgsge--C!ry '\vtl6re the death has occurr€d mor6 than three yaars prior to the date ths tramfEree of€rs to purchas€. l6ase. or rent the real property. or lregardless ol tha date of occunen;l thai an occupant of thatprop€ny was a licled wth. or died trom. Human T-Lymphotropic Virus Typ€ lll/Lymphad8nopathy-Associated Virus., This iaw do€s not ''immunize an owner or his cr h6r agent Fom making an int€ntional misrepresentation in response b a direct inquiry from - a translero€ or a prosp€ctive transfere€ of r6al property mnceming deaths on ths r€al prop6rty.,, O. condominlums and Olher common lmarest Subdiyisions: lf fi; ProF€rty is a conoohiniurn ownhous€. or other propgrty in a common interEst subdlvlslon. you must providE to the buy6r copi€s of the govemtng documents, the mosl recgnt financial statem€nb distibuted. and oth6r doclmenE r6quired by lalv or confact. It you do not have a currEflt veBion of tlBsa docum€nls.you can request them trom th6 manag€mem of your homeokr€/s association. To avoid d6tays, you a€ encouraged to obtain thes€ documenE as socn as po$iblE ev6n it you have not yet €ntered into a purcJrase agreemenito se[ your profrrty- forbd f|e r by photocopy dzed formats EALTORS@ INC AfL RIGHTS RESERVED sA REV|SIO I t/13 (tAoE t oP 2) Se et/srntualsi_)( ) CnlEr :r .rllr4 9lii T.t rnFt ,1r.. :..1 FL.r pio Rrt.r C-l *tao PhorE (ia, r!3l]t, rglr70 -,n6en Mi. Rad Er.sar Mldlqm rq):s rw ELdk@6 Far (aa:) S6Jl:r! d,Ir Sbf.trd,{r. $,i*it,;*. 6414 Stafrord Ave A, Contr.ct T.rms tnd condltons: A buyor may rsquest, as part ot the confad lor tha sate ol your property, that you pay for n$paiB to the Pop€rty and other items. Your decision on wh€ther or not to compty with a buye/s rsqrr6E may af.clyour ;itity to sall your Prop€rty at a sp€cmed prics. B. wrthholdlng Yaxes: und€r f€deral and Calilomia tax laws. a buy6r is rBquired to withhotd a porflon of the purchaso price lyom your 3al€ proqr€ds lor tax purposas unl{tss you slgn an afidavit of non-brBign shtus and Califomia r$idency, or som€ othar ex€mption appli€s and k doejm€nied. C. Prohbruon Agrinst olscrlminadon: oiscjiminatory conduct in thr 3ale ofr.al prop.rty against individuats b€tonging to tagally protect.d classas h a violatlon of the law. D. Oovemm.nt R.toltt lstandarG: Unl€s exenpt you mssl cofiply w r gov€mm€nt ratofit sitan&ftrs. induding, but not linitEd b. installing op€rabla smoke detecbrB. bracinE wat€r haataB. and providing ha buy6r with corespondlng wri[en statem€nts of compllance. soma city and county govemments may lmposa addltond rgrofi siandads, inctudtrig, but not timttod to. in3ta tng Iow-iow toilets and shorerheads. gas shut-ott valv6s. tomperBd glass. and bani.rs around swi;ming pools and spas. yoi should consull with th€ approPriatc gov€mmental agenciss. lnspadoE, and othcr protessionats to- detormlne the retroltt _ lEE"tds_lly9lrEgperty. trlPls.T.9 Yhiq yguJlIE rty compli€swith such *rndrrds. and tfie costs, it any. of comptianc..E. EFA'S LEAo€AsEo FAlilT REtilovAnoN. REPAIi AND PAtNltl{o RULE: The n€w rute r.quires that contracoB and maintenanc. prolesionals working in pr€-1978 housing, child care thcilities, and sdlods wih teadtased paint b€ certifi€d: thattheir employees b€ train6d; and that they bllol/ prorBctive work practice standads. Th€ rul€ applles to renovation, repair. orpaiming aciiviti€s afrecting mor. than Six squara f€at ot l6ad-basad paint in a room or morc than 20 squarg bct ol leadbasctt paant on th€ exterior. Entorcement of the ru16 b€gins Oc{ob€r 1. 2OlO. Ss€ th6 EPA w€bsit. at wwlv.epa.govnaad tor moreinlomation. F. Leg€|, Lx end Oth.r lmpllcatons: Sglling your Property may have legal- tax. ircurarlce. tite or other impltcalions. you should consutt an appropriaia professional for advice on th€lta mat6rs.il. MARKETINO CoNSIOERA t'tONS: A. PraS.lr Consldentions: You should considor doing what you can to prepare your Property for sale, such as con€c{ng any d€f€cts or other probl€ms. Many p€opl€ arB not awarE of dgl€cls in cr problems with Uteir'own proporty. Ons vray io mak;yout!6lt aware i3 to obtain prctassional home inspocliorc prior b 3a16. both genorally. and for wood riesfoying icsts anoorganisns' suci as termites- By doing this, you th€n have an opportunity to male repairs bcfore your property is 6ttaiea for sate_whlch may enhance jtr marketabillty. Keep in mind, howe that have be€n made. whether Or not dlsclos€d i above). This is fire ev€n il the buyer g6ts hist/her assist you during conrad nsgotiatons with fie buyer. For recommendation lor cleaEnce, you may want to spocily in you are going to pay. B. Post€ale Protactions: It is olten helpful to provide th. buygr with, among other hings, a home proteclionlwananty plan lor the PrDP€rty These Plans will generally cover problems. not d€€n ed to b€ pI€{xisdrE, ft;t ocdJr aiter your sale is cornpteted- tn ure aYent som€fiing does go wrong after the sal€. and it ls cover€d by lh6 plan. the buyer may be able to resolve tha concam byconEcrting the home prctEcton company.c. saloty Pr.cautions: Advenising and marketing your prop.rty tur sat€. induding. but not miEd to. a keysafe/loc*box, sr6cting FOR SALE signs. and di$rminating photognphi. vidEo tap.s. and may jeopardlze your parsonat safety and tiat of your proparty. Vou are itrongty encouragsd to m any and all Possibla Precautions and sittbguilrds to protecl yoursell other occupants, visitors, your property, and your b€longings, including cash. jewelry. drugs. ltroarms and other valuabtes tocated d the property. ;gainst injury. fi.|L 6ss.vandalism. damag€. and other harm, D. Expans$: You are actvised fiat you, not r:h€ Broker, are responsible for the t€es and costs. if any. to comply wi$ your duties_ and obllgatons to the buyer of your prcpgrty 5. OTHER ITEMS: OalE September 1 , 201 5 Seller has read and understands this Advisory. By signing b€low. Sellor ackno,,v'ledge3 rEcaipt ot a copy ol this document.Seller DatePrinr Name yemoa city - S6ller Print Name Dat€ Rsal Estate BrokEr Cendrru 21 Alts,rB ay Addre* 9155 fel€qnph Rd znd Floor Ctt, pico Rivara - State CA Zp (l/,66/, Tetephon€ (552)755-s3gr Fax (552t391-r1,ro ' e-nait majesticbrokerld;;;io,r.- -' lll-s- F9lltt qs EEEI{ IPPRoIED 8Y rliE -cr1r.r-FoRxrA tssoc,eriotr cF REAlroRso icr{R/ {o REpREsEMTATToN is MADE ^s ro rHE LEGAL vAuony oRAoEouAcy cF ANy pRovrsroN,N ANy spEoFrc Ttarsaclon e aeer- -eiiere riaorct !s rrE pEnsot oua-lFrEo ro atvrsE oN REAI ESTATErMNsaclorts rF 7or, tEslRE LEGir cR rix AO/,CE coNs1Jt T AN ippFopnr,qrr-ncre-ssii'nier- ILII j:'**jTj=J*T-"^T*^.P.=99,:T*E.P^-r'-j.,Tl^I.q{ b d€,'!t.ry us.r -as a REAlroRe REAIToRD ,s . rEltsreE6 co!€cw! mei!.,sh! nrii(rhKi nay bo used ofly q msr€rE df iE NAnoNA! .issocllTlor br ce,+ronso "ro-*Lcri j ,riii or eu,* R.v*ed by O.L sa REvrsED fi/13 (PAGE 2 OF 4 SELLER'S ADVTSORY (SA FAGE 2 OF 2)prc&.ed t+n! apFdr,l! by !!to9g rlDil ibe.l rr,r. Ro.d Fre, ^/t tlgrr {g)26 #r;troccr i)CALIFORNIA ASSOCIATION OF REALTORS' ADDENDUM (Ct.R. Form AD , R.vls.d 4/12)No. , Ire _ following terms and conditons are h6Eby incorporatsd in and mad. a part of th€: - ncsiaenttat purciaso Agraemont -. ManufactuJ€d Hom€ Purchas€ Agr€ement. ] Bu3In.33 Purchass Agr.amgni I na3ioent-ar Lease or Month-to-Month RentatAgre€ment. , vacant-Land Pu lncome Propcrty iurcha3. Agr€€m€rt ] commercia eropertyPurdlase Agreement. I Oth6r in which dalei seDt€mb€r 1.2015 , on prop€rty known as - d)44 safloftt Ave The forcgoing terms and condilions arE hereby agreed to. and tha undersign€d acknoMedgc rec€ipt ot a copy ofthis docsment. Date Date Buyer/Tenant Buyer/T€nant Selle/Landlord Vemon CW S€ll€r/Landlord fte ?rFtt larrs of rhe Uiited slal.5 [de 17 u-s 91+, tlid il€ unauhdEed r€D.odudiod of tlis form o. any po6bD drereof. by phorocoF/ n.dlhe 6r .ry oh€. meansinds(EE tuElril. or comput rized b'lnaB copFigrc 19s82012 ciuFoRNlA assocr.ATlon oF REqLTORso. t C a[ nrcnrs ne*ivtO ' IH|S FORi, HAS EEElr APPROVED BY ThE CAIJFORNIA 4SSOCIATION OF REqLTC.RSI9 (C-A.R) NO REPRESENTATTON tS itAOE aS TO THE LEGAL yA]offy ORAoEouAcY oF ANY PRovrsloN rN ANy spEcrFtc lnAlrsAcrofl A REAI- ESTATE gnotGn is THe ptnsol ouetrneo ro ADvtsE cN REqL EsrarETRAN!\CTIONS iF YOU DESIRE LEG,qL OR TAI ADVICE COTSULT AN APPEOPRATE PROFESSIONAL Thir lorm !s avaiEble for csa bt tre €dire reJ eshe-hduqry n is no{ inrrded rio i!.nHy he user as . REALToR6 REATToR6 ir . regireN€d cor€dre m€nb€rship malk4glmay b€ usEd oniy bv 6nbe.s ofrh€ MTIOML ASSOCTAIION OF REALTORS6 *h6 erilcrria io ib Cod6 ofEhica RorH,€d bt _ Od€ ADH REvrsro 4112 (PAoE 1 oF ry .".?.* aooENDUu (AOM PACE I OF t) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (Udhe FlrD to it lLr, (A! .lquircd by th! Ciyil Cod.) ! (tr checred) Th," rorm rs berns provded ," connecljc"f*fT#*#:1;:'"'?"*^ord rn€rsst exc€edins one y6ar as per civrr Code sechon 2079 13(k) and (l) when you enter into a discxssion wfh a real estate agent regarding a real estiate transacton. you shoutd from the outset understand what typ€ of agency retabomhp or representaoon you wEh to haye witi the agent rn the transacton SELLER'S AGEI{T A Selle/s agent und€r a listng agreement with the Seller acts as the agent br the Se 6. onty A Se 6,'s agent or a subagent of that agent haLs the following affrmatrve obligattons To the Seller A Fiducrary duty of utrnost €are. rntegnty. hon€sty and toyalty in deatings wdh the Seler To the Buyer and the Seler (a) Drlrgent exercrs€ oi reasonable skilt and csre n perficrmanc€ of the ageots dtlti€s.(b) A duty of honest and fatr dealrng and good taith(c) A duty to dEdose all fads knowr to fie agent materially aff€ctng lhe valu€ or deslEbility of the prop€rty that are not knolln to, or wthln the diligBnt attention and obseryatlon oi the parties An agent rs not obligated to reveal to ettrter party any confidentiat rnformation obtamed iiqn tlie other party that does not tnvotve the affrmatve duttB6 set forth above Bt,YERS AGENT A selling agent can, with a Buyefs consent agree to act 6 agent for the Buyer only ln thesg srtuations. dte agent ts not the Se[e,,s agent even if by agreemeot the agent may receNe compensation For servces reMered erther in full or in paft from the Selter An agent a&ng oniy for a Buyer has tie tolloMng affrmatve obtrgations To the Buyer A fductary duty of utmost care. rntegmy. nonesty and ioyatty rn deatings wdh the Buyer To the Buyer and the Seller(a) Oiliq|ent exercise ol reasonabte shlt and c€re rn performance of the agents duues(b) A duty of honest and farr dealmg and good larth (c) A duty to disdose all ftrls knotnr io the agent matenally arfectog the vatue or desrabrl(y of Ble property that are not knowr to. or w(hn the drligent attention and observaton of. the parbes An agent ls not oblqated to reveal to ermer party any confidential rnformation obtaned ftom tlte otfier party that does not rnvotve the aifirmatNe duties sst forth above AGENT REPRESENNNG BOTH SELLER AND BT'YER A real estate agenL efiher actnq directly or through one or more assoqato lrcensees can legally be the agenr of both the Seler and the Buyer rn a transacton but only wth the knoMedge and @nsenl of both the se er aod the Buyer lnadual agency s uabon. the agent has the followng affrmabve obligamns to boul the Selte. and the Buyer(a) A fiduclarv duty of utmost c€re mtegnty. honesty and loyalt-v rn tie dealings wl[r erther he Setler or the Buyer(b) Other dutes to trle Seller and fie Buyer as stjated above rn their resp666yg sectir.t ln repressntung both Seller ard Buyer. the €ent may not wrthout he express pe.mEsion of the respesve pany. disctose to he otho. party that the Seller wlll accept a pnce less iiafl the listing price or urat he Buyer wllt pay a pnce greater than the pnca ofbred- The above duties of lhe agent rn a real estate fansactron do not relieve a Seller or BLryer from the r€sponsibrltty to protect hrs or her own interests You should caretully read all agreements to assure that lhey adequately exprBss your understandng of the transactuon A ieat 6stae ageol E a person qualfied to advise about real estaie lf l€gal or tax advice E desred consutt a compet€nt profesgonat Throughout your real property transacton you may receNe more than one disclosure brm. depending upon the number of agents asststng rn the bansacton The law requrres each agent w h whom you have more lian a casual relahonshrp to present you wflh this dtsdosurg form You should read s contents each trme rt E presented to you. closrdenng the relatonship between you and the real estate agent rn your spectfic ransacuon- Thi! disclcruE torm includ.! th. provisiont of Srctions 2079.13 to 2079:4, inclugivq of thr Ciyil Cod. sct torth on FEg.2 R..d it CATAfuIIY. I,WE ACKNOII'LEDGE RECEIPT OF A COPY OF IHIS DISCLOSURE AI{D IHE PORIIONS OF THE CIVIL CODE PRIIIIED ON THE BACK (ORA SEPAMIE PAGE}.I r*.3*o;l"*o. D r"*n T.]-* Buyer - SeI€rl ]Landlord - Tenant Agent BRE Lrc € 01280965 3RE Lc CALIFORNIA ASSOCTATIOII Of REALTOF,S. Date Date The copyrEm hr,s ol6e United State rTr*a 17 U S Cde) blbrt the unauho,Eed €prtrL(iron ot $ls form or diy porlon uE(Eof !y ptrcitocon mltcine or alw otier meafts ociudirE'racsmde or cqmprterized rormats cop-airEhr a ,991-2010 cALlFoRNta AssoctATloN oF FtEALioRs@ rNc AT-L RIGHTS RESER\€D AO RTV|SIO {2r1lt (PAGE I oF 2} ry _ Date Centu,y 21 Allrtart Real Estate Aroker iFlrmr Agancy Disclosure Compirsnce (CMl Co@ 52079 14). \ivhefl the listng brokeraqe ccmpany also represents BuyedTenart The Lsrng Agent sha have one AD tom slgned by Se edlandlord and a dribrent AD form sry!€d bv Buyer,'fenant- When S€lledlandlotd and Buyer/Tenant are represented by drfferent kokerage cornF€ftes 0) the us[ng Agent sha have one AD folm sqned b_v Seller/tandlord and l[) the Euyer$Tenants Agent shall have one AD fom s€ned by Buyer,Tenam and €rther that same or a djfierent AD Fcrmpreseded to Seller/Landlod for sonature prior io pres€ntaion of th€ ofier Il the same form rs us€d Setler may srgn here {SELLERiLAIIOLORD: DO NOT SIGH HERE) DISCLOSURE REGAROING REAL ESTAIE AGENCY RELATTONSHIP PAGE 1 OF Corl :r -r&ra trla f.L?id .rr.- :rd n@r PL. Bn E. C I 9d6ao Prortued illn sl]Fonio oy :Jrtogu ,8070 Fine.n Ml€ Road_ i.6€r ltEnqrn lql26 Far {i6:) 3ELJ:_! 6lt!r 56EDnt.{r. CML CODE slcIlol{s 20792't (m79.16 AtltAis Oll ll{I FROI{I) 20r9.lt As '6ed n S€dio s 2079 14 to 2079.24 lndusi?e fE fot r^mg le firs have the fo*r,ving mea'rilgs: lrl 'Ag€of l'cals a p€rson adB .rrbr lrovEons of TIde 9 (cDlrvrEocng wilh Sedim 2295) n a red Fropgty r4saction and mdud€s a person wtro s lirens€d 6. real estaE b.oker uftb{ Cfrapier 3 (cornrftflong _Aasociate li:ensee" means a O€{son ',ino 6 fcerEed as a real estaE brobr or sdesperso urder Cha@r 3 (co,rm€nclrB wtr! S€ctix 10130) of Pan 1 of Divishn 4 of f}e BuqrESs a1d Ftofessons Code and wfio 6 erher lberEed under e broker or has eflered hto a xltEn cdtrect ffth a boker b act as the b(d(e/s aqslt m cq?necton wtil acts reqwing a red esEte lic€rEe a$d rc furElon under he blol€is suprvigon n tlle capety of an assooae fcerisee The e€af m the real pr@etv t"aosacmn tEals respon$Ltty for hls or her 6so@Ite lEerEees who perfom as agents of the agent when an a$iooate li:erEe€ ow€s a duty to any ponopd. or to any hryer or sel€r who |s riot a prinopal n a real property lransaction hd duty rs equrvale to the duy owed io dlat party by [)e broker f whorn the assooate licensee fundiofts (c) '&ryei ,rlear|s a EarlsbrE€ n a leal paoperty transircbdl arrd indu&s a p€rson who ex€ones an otrer to F/chase r€el propeny from a sdler lough im agert or'who s€eks tle servEes of an agEa,t n mo.e lhan a aasud !'arlgtory or prdimrEry manner flth fe objed cf mEflng rrb a .eA prop€ny FansacDon. 'guye/ rnctudes vendee or l€asee (d) tdnnl€roal real prop€rla means all red p.op€(y in he sEIe er(ceB shgielanily resl(bnbd reaJ propeny dwe&ng 'lnG made suti€cr !o ChaDrer 2 icomnErEmg \M!h S€dion l94O) of TrrE 5 mo$lehonEs. 6 defrEd in S€qbfl 798 3 or Gcr€atioflal vt*rdea as defmed n Sedon 799 29 (a) 'Oual aqeif lrleerls an ag€rt adE eifier drecdy or hlq.gh &i associate fceNee 6 ag€it for both le seller ad the buyer n a red property trarlsadion (0 'LEnng agre€rnent' fieans a cooEact b€liieen an owner of led prop€rv afd an agE & 5y wltici lhe aggt has been adhonzed b sell he real propetiy or to fnd or ohaln a h.ryef (9, 'LEtrE €enl means a person who has obErEd a l6tirE ol red Fopeny to acl as an ag€flt for comp€fisalbfl lh) 'Lgng arnoum erFEssed in &[ats sptcded 'n an o6er lo purciGe for wnlt ] ,l€ 5uyer 6 l4flurg to buy fie real p.operty (i) "Ofer io prjdt6e' nEang a write{r conEact executed by a buyer aalir€ thrclgh a sdlirE ageflt fiat b€corn€s he c!i!'ad for fe sde of tle real p.operfy upon acceptdice by n'le s€tbr (k) 'Real propert ' means any estaE sp€ofied b/ slbdivtsion (1) or i2) of Sector, 761 n prqE q $at corlgiEtes or rs nproved w*h orE to fir, d^dlirg un'ts any conrn€rEial rcd proFleny any led€ilold n [lese tyF€s of Foperty exceedrB one yea/s duaaton- and nloblehomes when offered for sde or sold hrough a1 agarrt pJlsuara b fie arthorty ls employed 5y one or more of dE pnndpals to 41 rn fiat trinsaction arld irdud€s a l6tir€ o{ an offer to pr(d|as€ (m) 'S€{ ' sab ' or'soLf refurs to a !-ansactoal fa,r lhe t-ansEr of real propeny fiDm the seler to he buyer and ndudes exchanges of reat prDpeaty betwe€fi [le sdhr and 5tryer u'arEactons br the creatiofl of a red propeary sal€s cont'acl vyitlm ore meaning ol Secto 2985 alE t'alsdons for $e creaton of a leas€*lold exceedng orE yeais duramfl (n) Sex€r' nEans 0E !-ansfejor rn a real p6per!, EarBacn$ and rdud€s an own€r ,.rlio lists re4 propeaty with an agEnt, vrhefEr oa not a lansfer resur'E or !!ho €cetues an of !o Brchase r€al propatty of wlndr he or stE is ttle ovrner frDm an agent on behaf of anotEr 'Selhi indu(E boih a \€n<lor ard a lessol (ol 'S€tlcg agerf means a I6tng aqent vvho aos aElle or an agait !vi1o ,lcE n ccops-itun vrfi a li$ng a0€r,L and wfto sdts or fmds afid obtams a bLyer fo. ihe leat p{ope{V or:yl agefi! rvlto Iocates prop€rv for a buyer or who fnds a buyer for a prop€fy n,' yrhEh m risinO exists and presents an oSter o purdlase 'o tle sdler (p) 'Sob4Lefif neans a pe6on lo \r'hcm an ag€fi1 dehgales ageflcy po!4€rs as provded rn Arlcle 5 (co.nmencir€ wtl Sectjon 2349) or Ch4lter I of Trtb I Flowever 'subagenf does not ndude an asaooate lbensee who ts aaing under fie super\.tston of ar! aggT n a rerl proo€rty fansaclon 2079.t4 L6ang ag€nE and sellrq ageiEi snau trovde tle seitsr ald buyer n a regl properv Ea sacns! ,xrth a copy of 0E dsdo$re form spedfed ln Secion 2079 18 and. ercepf as proud€d n subdivi$on (cI shall dtan a sigrEd adoowledg€filem of receft fiDm fEt sdler or hryer e)@pt as Fovid€d in tl6 seclon or shdl F{ovde the disdo$te fofin !o fie 5dler as soon as praftabb prio. ro pr€sertng 01e seller,xffr dl offer to purciase Lstless tle selfng agem prEvrcusiy prov'ded [1e seller irfi a aopy o, fE dsdosure lorm Frrsrant D suDdvrsof ia) (c) hfere fre sethg ao€nt d6 not deat on a iace-to-face basls 'rrfl the sdler dte drsclosure form prepared by tle sdlirE agem mat be fumEhed to fie sdter (a.td dslolriedgerne.{ o{ recapt ob|aned tor Ele seltirE alEit from dle selief} ol [E listng agenr o. t,le selhrE agefi may defver lhe disdosure form by cergfied mall addressed b le sdler at hls or her last knoy/a addr6t tn whEh c6e no $gned adoowledgem€m of receipt s €qurred 14 fhe selltrE agert shdl prou(b dre disdosure iorm to tle 5uyer as sodr as F-a6cabE pnor to exeor.ton oi $e bu,/e/s ofhr to prrciltse except fiat f the offer to purdaae ls nat prEpared by lhe s€iling 4enl trte s€{'ng ag€nt shal presenr fie dEdo$re form to he buyer nol hter Ulan fle ne)(t bu$ness day der f1e seltrE age recefles the oifer hc BIEhase tom fie hryer m79.{6 ln any orcumslance rn whdr fhe seller or buyer refuses 10 ggn an acknowledgerDent of rocelp( F,ursuant !o Secton 2079 t4 ihe agent or an assooate Iiceise€ atling br an ag€nt shall set forth stgn. arE date a .t{nmfl cbcl-aon o, ihe fads of (he refusat 2079-16 Reproduced oo Page I ofrhrs AD iorm the buyeis 4€nt exclE/ely as he sel€ts agE I. or a6 a dua agent rEpreseftr€ both i€ aryer !d tle seler Thrs rel4oarinp shafl be coarfnned n tE coflfad b plJdlase and sel red property or m a sepaate 'l,iElg aeqred o. dslodledged ty f1e sdkr fie hryef and fie se{ng ag€rn prlor E or cdndeft wft execJtion offEt coflEct by tE bryer ad € se{er especE\,€iy (b)As sodt as pf,*He ,E i6ffiE ag€msrE[ &dose b he sdter '4hd€r dE li$ng agErt sffing o fie rcat goperty EaEadon erdr6lt€ty as he sese/s aoeflt or 6 a dud agefi €paesellBE ffit f'e bryer ad se{6 ft6 €rtualstE strdl be coflfin Ed ]n tle coflt'act b purcrsase ard (c) T]E confirmatDn .equrred bY suMMeons {a, and (bl sna[ be ,n rhe rotloung form (DO NOT COMPIETE SAiIPLE ONLY) rs ltle aqefit of (aheck one) : the seller exclravely cr I both tle buyer and setler (Name of L6bng Agem) (DO NOT COt iPLETE SAIv|PLE ONLI 6 :he agent of (arrecl< cne) : the buyer exdusMery or: he seiler e.i(clusrvely or (Name cf SellirE Agent rf not he same as fle Listing AgeflO -: bo& the buyef aod seller (d) The dEcfcsures and corfirmaEon requdrd by lhls secton shall be n additon to fle dbdosure requred by secion 2073 14 207f.ll f.o se{Ltg ageit rn a real property t-ais&mn nray -t 6 an ag€fi foa dE hrfer o{rv, when he sefling 4ert 's d6o atr€ 6 he [3!E agertr n El€ Easadion 2079.19 The payment of compensaton or dhe otl€4on to pay compensaUon D an agent by the setler or fuyer 15 not n€ttasa,lty deHmrnative of a patkttar agency relatonshrp bet',recr' an aqert and 'fie sdl€r or bqyef A [strE agent and a seling ager{ may agree to share anv cornpensaton or commEsion part. or any nght to any comfE6alon or commisslon for which ao oirEalion arses as &le esult of a rEal estate lransactoi and lhe teanis of aoy sudt agreemenl shall not necessirily be determnatve of a par[cukr relatomhlp aO79.1rO Noding in dlls artcle prev€'nts an agent iom sebc[ng as a condaon of he agents ernplcyrnem a specfic fom of agerEy rdatonshF not speofrcalv prdibned by lhls artde,fthe requremeots of Sectidi 2079 14 aid Secrion 2079 17 are complied tuth mn 2l A d'Jal ageflt shal 6ot disd()se !o fe buyer tha E seJer ls 'rirliE E sell dE propeny at a pdce less than $e lE ng pnce. lellDrrt he exp{ess 'rlrfea consent buyet. Thls sectm do€s not aller n arly way fie ciny cr rcsporBblty ofa dualagefit to any pinopal\4tth resped b cfifrdental tnfsmaion ofErthan glce 20r9.ZZ NoU ng rn $ls anide precludes a Tisling agefit from also bernq a selling agent. and fle comhnatron of ti€se funcnons rn one ag€rlt cto€s nol ot itsdf. make that agem a dual ag€nt 2079.2t A cont_et beNveen fie pflncipal ard ag:efit may 5e ilo(kfied or dtered E ciarEe 61e agency reta&flship at any lme before fie oerformance of r.he act whEh ls the oqect of sle agency wlih fle wmen consem of fre oarttes to the agency relationshp m79.24 llot!'rE ln lhls arlide shall be con$rued to alrler cfimnrsh he duty of disdosure owed buye6 and sdl€rs by ag€nts and rher assooate ticense€s. subagents a.ld employees or to ieleve ag€nts and thgr ass@ae lcensees subaqen6 ,md efiplryees from lraoiltty for thar coMuct tn connelclion wth acls governed by lhls aflrcE or br arry breach ol a fiducEry duty or a duty ofdtsclosure P$lstEd and lMuro by REAI. ESTAIE ATAINESS SERVICES Irc a srD$ry 6the aaidnq lsa,rlalrwl ,t lEia roasE . 525 Sodl \arq,i Av.@ LrE Ari€{.!s Cdirorn a qD20 6R6'l€1'r.d Ey Om AO iEvrSaD rl1{ (PAOE 2 OF 2} DISCLOSURE REGAROII{G REAL ESTATE AGENCY RELA]IOT{SHIP (AD PAGE 2 OF 2),'4(ilcin ,16, ltFrrme !./ sptolv rSOi! Friegl,'lde Road FEser r,tdlqE(t J&)25 ,yrrzp(ldfi.{flt 6Os i6frord.{r. +)CALIFORNIA AS SOC I AT tON ()F R.EA tt()R S. POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER. DISCLOSURE AND CONSENT (CAR_ Form PRBS. 't t/141 A real esEte broker (Broker), Melher a corporation, partneEhip or sole proprietorship. may GprBsent more than one buyer or seller. This mulliple representalion can ocdjr hrough an individual licensed as a broker or salesperson or hrough difierent individual brokels or salespersons (associate licensees) acting under the Broke/s license- The associate licensees may be working out of the same or different ofice locations. Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospec,tive buyers at lhe same time. These prospeciive buyec may have an interest in, and make ofiers on, the same properties. Some of these properties may be listed wiih Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particllar property whether or not Broker represents other buye6 interested in the same property. MultiPle Selb6: Broker (individually or though its associate licensees) may have listings on many properties at the same time. As a result. Broker will auempt to fnd buyers for each of those listed propenies. Some listed properties may appeal to the same pr6Pective buyers. Some properties may att act more prospectve buyers han others. Some of hese prospective buyers may be represented by Broker and some may not Broker will market all listed properties to all prospective buyers whether or not Broker has anolher or other listed properties that may appeal to the same prospective buyers. Oual Agency: lf Seller is represented by Broker. Seller acknowledges that broker may represent prospective buyers of Selle/s proPerty and consents to Broker acting as a dual agent for both seller and buyer in that transaction. lf Buyer is represerded by Broker buyer acknowledges bat Broker may represent selleF of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. ln the event of dual agency, seller and buyer agree that: (a) Broker. without $e prior written consent of the Buyer. will not disclose to seller Elat lhe Buyer is willing to pay a price greater than the offered price: (b) Broker, without the prior,r/ritten consent of he seller, will not disclose to the buyer that seller is willing to sell property at a price less han the listing price; and (c) other than as set ficrth in (a) and (b) above. a dual agent is obligated to disclose known facts materially aftscting the value or desirability of the property to both parties. Of,ers not necessarily confidcntial: Buyer is advised hat seller or listing agent may disciose the existence. terms, or conditions of buye/s ofier unless all palties and their ageril have signed a '/wifien cofifidentiality agreement Whether any suc*r information b actually disdosed depenG on many factors, such as cunent market condfions, he prevailing pradice in the real estate community. the listing agents marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than on6 seller and even both buyer and seller on the same transaction and consents to such relauonships. Scller and/or Buyer acknowlcdges rcading and undeEtanding lhis Possibb Repcsentation of More Than One Buyer or Scllcr - Disclosure and Cons€nt and agrces to thc agency possibilities disclos€d. Seller Vemon CiU Dateseller Date Buyer Buyer Real Esbte Broker (Fifinl Century 21 Allstars CatBRE Uc# 01280965 DateBY CaIBRElrc# 01226161 Date Luther Sanchez Real Estate Broker (Firm)CaIBRE Lic + CaIBRE Lic #By Date Date Date Oate e 201{ camomB Assocralidl or REAlroRso lnc uone{ sttEs copyngm trv, rTtb 17 Li s cdEl Ibrb{E rE unaurrcrEe{ osoDuDon 4isEay alrd reprduclon ot trs bYI! or ally portbn Eleleot Ey plroleoB machiE or any otrlet lneills. ncludhg hcs,m{e of conpuErzed iorrrEts. THIS FOR|!' HAS SEEN APPRoVED BY IHE CAUFoRNA AssocTATIoN oF REALToRSe icAR ) xo REPRESEI.{TATIoN Is I,IADE As 'o .']IE LEGAL VAI]oITY OR ACCURACY OF AI.{Y PROMSTON IN AI{Y SPSCIFIC TTIANSACT]ON A REAT ESTATE BROKER IS THE PERSCN OUAuflED .Io ADvIsE oN REAL isTATEIRANSACTIONS IF YOU OESIRE LEGAL OR TAX ADVICE CCNSULiATT APPROPRIATE PROFESSIOML tne us€. as a RE*LToRo IIEALTCRo 6 a registered co{edtve rnembershp mart 'fiin mat b€ us€d onty bt memDels of the NATioALaL lssocnlot or eEnircnso who subscnDe to ts code oI Eutrs Publisled ,rkl obtnuJt€dt !v REAL ESTATE EUSINESS SERVICES, LNC a srJD]sclary or he cattomta 4sff/ato.i or RFrqlroRso 425 Soldl1 vlrgu Avenue Los Angel€s Cstitqnla SCO2I]I PRBS fi/r,r (PACE I OF t) POSSIBLE REPRESENTANO OF MORE THAN Rev@wed by Daie ONE BUYER OR SELLER PAGE 1 OF 1 CaE!:t.:lIsE,l55 r&tEpr,{E:.d FL.rPi6 tute. C.\ CL.o pnofl: t56, r!S_9:Et Frr tie) !a}J:-,5 60rl SEtu _{ftLrrit s.!dd pfdrrceo s$ npFdrlo !y ztpLotfl r8o7o FinE o t.te Roe, Fras. Licnican 4gn6 + This form is not an ar3ignment ]t should not be used to add new partics after a contract ha3 ba.n formed. This is a disdosure to the Residential Purchase Agreemenl, lX Residential Listing Agreement -Other _ ('Agreemen0, Property kno/r'n as between and 1. -,A. ESTATE: (1)Selleris an -'estate, l conservatoehip, or - lguardianship identifed by Superior Court Casa name as . Case # (2) The person(s) siEning below is/are court approved representawes (vr'hether designated as Sole or Co-ExeqJtor. Administrator. Conservator, Guardian) ofthe entity described in paragraph 1A1.] B. TRUST (1) The Property I assets used to acquirelease the Pr;p€rty) is held in tr.st pursuant to a Eust do€umentdated , titled (2) The person(s) signing belo,/ is/aLe_Sole/Cc/Successor Trustee(s) of the Trust. C. POWER OF ATTORI{EY: -Seller _ Buyer . . Other: ("Principal") has authorzed the- person(s) signing below ('Atttmey-tn--Facf . 'pl1^rg1 si Attorney" or ?O{) to act bn nis/her 6ehalf pursuant to a General Power of Attomey [_ Specific Power of Attomey for the Property), daied _ . This form is not a Pourer of Attomey. A Pore-- D. Ei{TITY:'- Seller - Buyer - Other: i_ Partnership which has authorized behalf. An authorizing resolution of the applicable 2. The Party acting in a representative capacity represents that the entity hr which that Party is acting already exists. RepresentaWe Party: Entity Name (lf POA, Sign Principal's Name) By (Representative Signature ) (Print Representative Name) Entity Name (lf POA, Sign Principal's Name) By (Representative Signature )Print TiUe: Oate:(Print Representative Name) Acknowledgement of Receipt By Other Party: - Seller - Buyer f Other: Broket (Signature)Date: (Prjnt Name) CALIFORNIA ASSOCIATION OF RE A LTO RS N REPRESENTATIVE CAPACIW SIGNATURE OISCLOSURE (C3.R. Form RCSD, R.vit.d ltflal ('P:oper!/), , X Brokeo ('Selled). Print Tifle: Date: (Signature)Date: (Print Name) or arw portlon lflereol, Dy phoioco8 rlracnme or ary ofier nEills, ncuding lbcsm{e oa cofipulerlzed fonnaB.'HIS FORT'I FIAS EEEN AFPROVED 3Y ?')IE CALIFCRNI,A ASSCCATICN OF REALTCRSa ICI.R ) NO REPRESEIf.ATION IS &TADE AS TO iHE GGqL VAUDITY CR rcCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ES-, ATE AROKER IS TIIE PERSON OI,IAUFIED -iO AOVISE ON RFIL =STATEiRANSACIIONS IF YOU DESIRE LEGAI OR lAX ADVICE CONSUL-T AN APPROPRIATE PROFESSTONAL 6 Publsned and o6nihned b\ REAL ESTATE BUSINESS SER\,4CES INC a suosclaty of O1e CalfOnB.Associaro, of R64IIORS@ r25 South virg Avem/e Los Angetes Caffoma 9C020 Revrow€d by Dats RCSO RIVTSED trl14 {PAOE 1 OF 1) REPRESENTAIIVE CAPACITY SIGNATURE OISCLOSURE (RCSD PAGE 1 OF 1) C.!lE :l rIEE 9tJ! T.l.tEDi rt.. :ul FL.r !i. Rr@ C-r 90660 Plbn.rdn:)'aauE Fa,cLdc srEla P.odlcld (th 2rrfd,?A by zEtogn !t070 F,neen \ta€ Road Fras€r. Mrhqat {@6 xwrolodq clrt EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Waqes: 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 qualifi/ing 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 employeds 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. 18 C. D. EXHIBIT E EOUAL EMPLOYMENT OPPORTUNIry PMCTICES PROVISIONS conkactor 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 noi diicriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. contractor further certifies that it will not maintain ahy segregaied facilities. contractor agrees that it shall, in all solicitations or advertisements for applicants for gmployment placed by or on behalf of contractor, state that it is an "Equar opportunity Employe/' 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 theperformance of this Agreement, discriminated agains[ applicants or employees because oftheir 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 ol. reLtinj io it, emp-loyment practices, except to the extent such records or portions of suc.-h records ire confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require orpermit any act which is prohibited by law. 19 Aiilt ! o CITY ADMINI CflCLERKSOffICE September l, 2015 Honorable Mayor and City Council Michael A. Wilson, Fire Chief lfit-' Originator: Adriana Ramos, Administrative Secretary REGEIVED AuG 24 2015 STAFF REPORT FIRE DEPARTMENT DATE: TO: FROM: R.E:Donation and Release Agreement Revision between the City of Vernon and California Fire Museum and Safety Learning Center Recommendation A. Find that approval of the revised donation and release agreement 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. Enter into the donation and release agreement, in substantially the same form as submitted herewith, with California Fire Museum and Safety Leaming Center ("CFM") for the donation ofa surplus 1964 Crown Fire Coach 2000 GPM Pumper and rescind all donation and release agreements in conflict therewith. Background On July 7, 2015 the City of Vemon City Council approved and authorized the execution of a donation and release agreement with CFM for the donation ofa surplus 1964 Crown Fire Coach to use, retain or dispose of pursuant to the historical and educational purposes of the museum. CFM raised a few concems with some of the wording on the original donation and release agreement and so to address that matter, a few minor revisions were made and an indemnification provision was added to the agreement. Fiscal Imoact There is no fiscal impact associated with the revised donation and release agreement. Attachment(s) l. Revised Deed of Gift to the Califomia Museum and Safety Learning Center TRATI(lN Page I of I 0f trRoR 4305 Santa Fe Avenue, VemorL California 90058 Telephone (323) 583-8811 Deed of Gift to the California Fire Museum and Safety Learning Center I, W. Michael McCormick, Mayor of the undersigned Donor, hereby donate and convey on behalf of Donor, the physical property described in Section No. 2 below, to the California Fire Museum and Safety Leaming Center ("CFM"), subject to the Terms and Conditions attached hereto, to use, retain or dispose of pursuant to the historical and educational purposes of said museum. 1. Donor Information: Agency Name: City of Vemon Agency Address: 4305 Santa Fe Avenue Vemon, CA.90058 Telephone Number: (323) 583-8811 ext.266 2. Description of Property: 1964 Crown Fire Coach 2000 GPM Pumper License Plate # 165024 Serial # F1377 Mileage 81,808 W. Michael McCormick. Mavor Donor's Name and Title Donor's Signature Date Don Forsyth. President Califurnia Fire Museum and Safety Learning Center Representative Signature of Museum Representative Date lE 4c fusfu e fy I nlus tria f August 7,2015 Page 2 Terms and Conditions The Califomia Fire Museum and Safety Leaming Center ("CFM") has accepted Donor's gift of the property described in Section No. 2 above (the "Property"), subject to the following terms and conditions: 1. During the time that the Property is in the possession or custody of CFM, the City of Vemon Fire Department, with the approval of the Fire Chief and with authorization from the City Council of the City of Vemon, will have the right to use the Property anltime it is needed for department related activities, by giving CFM a three (3) day notice ofuse. During the time the Property is in the possession or custody of the City, the City shall defend, indemni$ and hold harmless CFM from and against all claims and damages asserted by City and/or any third parties arising out of or in any way related to the Property. Further, the City will retum the Property to CFM in the same mechanical and cosmetic condition as when it was taken by the City. 2. The vehicle will be maintained or restored by CFM (at CFM's sole cost) to the condition it was in at the time of donation to CFM or better. 3. The City of Vemon Logo and the Vemon Fire Department lettering and numbering will be maintained or restored (if removed or altered by CFM). 4. Subject to paragraph l, CFM will release Donor from all liability for this gift and comply with the following Donation Agreement and Release: City of Vemon, 4305 Santa Fe Avenue, Vernon, Califomia 90058 - Telephone (323) 583-8811 August 7,2015 Page 3 Donation and Release Agreement This Agreement conveying a surplus Vehicle ("Agreement") is entered into by and between the City of Vemon (the "City") and the California Fire Museum and Safety Leaming Center ("CFM") with reference to the following: Recitals CFM educates the general public through training programs and demonstrations in life safety practices using historical artifacts to bring to life the history of firefighting service and technology. Based on the foregoing, it is beneficial and appropriate that City support and facilitate the public safety education efforts of CFM. Agreement 1. City shall convey to the CFM a 1964 Crown Type 1 2000 GPM Pumper (F101) ("Vehicle"). Conveyance of said Vehicle shall be deemed to have taken place when the CFM takes delivery thereof. Said Vehicle is not warranted by City to be frt for any purpose and CFM accepts the Vehicle "as is". 2. Said Vehicle shall be inspected by a CFM representative at a time and place agreed upon by the parties prior to delivery. 3. Upon delivery ofthe Vehicle, City shall not be liable or in any other way responsible for any defects or for failure ofthe Vehicle to perform its intended purpose. 4. During the time that the Vehicle is in the possession or custody of CFM, City may use the Vehicle upon providing CFM three (3) days' notice. During the time the Vehicle is in the possession or custody of City, City shall defend, indemnifu and hold harmless CFM from and against all claims and damages asserted by City and/or any third parties arising out ofor in any way related to the Vehicle. Further, City will retum the Vehicle to CFM in the same mechanical and cosmetic condition as when it was taken by City. 5. Subject to paragraph 4, City shall not be liable or in any other way responsible for any loss, damage, or injury to third parties arising from or caused by defects in the Vehicle or in any part thereof. The City of Vemon will maintain insurance for this Vehicle and will be listed as "Additionally Insured" under CFM's applicable insurance policy any time the Vehicle is used. 6. Subject to paragraph 4, CFM shall defend, indemnifu and hold harmless City, its officers, directors, agents, employees and attomeys from and against all claims, suits and damages asserted by CFM and,/or any third party arising out ofor in any way related to the ownership, conveyance or use of said vehicle. City of Vemorl 4305 Santa Fe Avenue, Vemon, Califomia 90058 - Telephone (323) 5838811 August 7,2015 Page 4 7. CFM represents that the Vehicle will only be used to educate the public in fire technology, fire suppression and show the historical value of said Vehicle. 8. The Agreement shall be interpreted in accordance with the laws of the State of Califomi4 without regard to its conflict of laws rules. 9. By his signature below, Don Forsyh, President of CFM, represents that CFM is a legal entity authorized to make and enter into contracts and that he is authorized to bind CFM. In witness whereof, the parties hereto have executed the Agreement on the dates indicated below. City of By, Attest: Vemon DateW. Michael McCormick, Mayor Maria E. Ayal4 City Clerk Approved as to form: Brian W. Byun, Deputy City Attomey The Califomia Fire Museum and Safety Leaming Center By: Don Forsyth. President Date City of Vemon, 4305 Santa Fe Avenue, VemorL Calilomia 90058 - Telephone (323) 583-8811 RECE[\1ED DATE: TO: FROM: RE: EEIVED AUG 2 5 ZOIS CIIY ADMINISTRATIONAUG Z 6 20i5 CITY CLERK'S OFFICE STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT September 1, 2015 Honorable Mayor and City Council Recommendation A. Find that the approval of Utility Agreement No. 7UA-13129 with the Department of Transportation is categorically exempt from the Califomia Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 915301(b), because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration ofthe existing fixtures of the City's electric utility; and B. Approve the resolution to thereby permit the execution of a Utility Agreement No. 7UA- 13129 with the Department of Transportation (DOT), in substantially the same form submitted herewith, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Background The State of Califomia Department of Transportation proposes to replace the existing Gerald Desmond Bridge creating six new lanes on the I-710 freeway. The City of Vemon owns and maintains existing underground electrical lines, two wood poles with lighting fixtures, and a guy wire in the area of proposed construction. This City property, which functions within the boundaries of the State's project schemata, requires relocation to accommodate the I-710 freeway widening plan. The roadway rehabilitation will result in better ride quality. enhance safety, and will reduce the need for maintenance. For example, the existing median barriers will be upgraded to concrete barriers which will, therefore, reduce the risk ofvehicular crossovers. Additionally, construction of maintenance pullouts will reduce exposure of maintenance personnel to traffic, thereby enhancing safety. The relocation of the City property, per the DOT project plan, will provide Carlos Fandino Jr., Director of Vernon Gas & Electric Department Originator: Ali Nour, Utilities Engineering Manager Request for Approval and Authorization of Utility Agreement No. 7U A-13129 by and between the City of Vernon and the Department of Transportation Page 1 of2 long-term benefits for the City. Department of Transportation, and local constituents and commuters alike. The DOT has provided staff with an agreement which will enable their organization to compensate the City of Vemon for the services required to relocate the fixtures noted within this staff report. Upon completion of the necessary work by City crews, a detailed invoice will be prepared that is aligned with the parameters dictated by the DOT. Staff will then proceed with the submission of said invoice to the DOT for expense reimbursement. Fiscal Imoact The estimated cost to relocate City's facilities to accommodate the I-710 freeway widening project is $18,336, an expense which will be fully refunded by the State. Attachment(s) 1 . State of Califomia Department of Transportation Utility Agreement No . 7U A-13129 Page 2 of 2 RESOIJUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A IITILITY AGREEMENT NO. 7UA-13129 BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CAIIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTAT]ON, FOR RELOCATION OF CfTY ELECTRICAI LINES, POLES AND FIXTURES CI]RRENTLY INHIBITING THE T-710 EXPANSTON PRO.IECT WHEREAS, the City of Vernon ("City" ) is a chart.ered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmj-ssion, distribution and sal-e of elect.ric capacity and energy; and WHEREAS, the State of Cafifornia, acting through the Cal-ifornia Department of Transportation ("Caltrans" ), proposes to repl,ace the existing Gera1d Desmond Bridge creating six new lanes on the I- 710 freeway; and WHEREAS, the City owns and maintains existing underground electrical 1ines, two wood pol-es with lightsing fixtures, and a guy wire in the area of Ehe proposed construction which functions within the boundaries of the State's project schemat.a, and would require refocaEion Eo accommodate the I-710 freeway widening pl-an; and WHEREAS, by memo dated September 1, 2015, the Director of Gas & ElecEric has recommended the approval of the Caft.rans Utility Agreement No. 7UA-131-29 (the "Agreement" ) in order to receive reimbursement for the for the relocation of City electricaL lines, poles and fixtures currently inhibiting the I-710 expansion project in the amount of $18,335.00; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COI]NCIL OF THE CfTY OF VERNON AS FOLLOWS: SECTTON l-: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correcE. SECTION 2:The City Council of the City of Vernon finds thaE this action is exempt under t.he California Environment.al Quality Act (CEQA) pursuant to CEQA Guidelines 515301 (b) , because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City's el-ectric utility. SECTION 3: The City Council of the City of Vernon hereby approves Caltrans. hereto as the Utility Agreement No. 7UA-13129 (the "AgreemenL" ) witn in substantially the same form as Ehe copy which is at.tached Exhibit A. SECTION 4:The Cit.y Council of the City of vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of vernon and Ehe City Clerk, or Deputy City C1erk, is hereby authorized to attesE thereto. SECTION 5: The City Council of the City of Vernon hereby instructs the Citsy Adminislrator, or his designee, to tsake whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out. the purposes of t.his Resol-ution and the transactions herej-n approved or authorized, including but not limited to, any non- su-bstantive changes to the Agreement attached herein. SECTION 6: The City Council- of the Citsy of Vernon hereby directs the City C1erk, or the Deputy City C1erk, to send a fu1]y executed Agreement to Caltrans. 2 SECTION 7: The City Cferk, or Deputy City Cl-erk, of the City of vernon shall certify to the passage, approval and adopcion of this resofution, and the Citsy clerk. or Deputy City Clerk, of Ehe City of Vernon shall cause this resolution and t.he City Clerk's, or Deputy City Clerk's, certificat.ion to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this l-st day of September, 2015. Name: Titl-e:l(ayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Cferk ty Altorney 3 STATE OF CAIIFORNIA ) ) ss COTINTY OF LOS ANGELES ) I,, Cit.y Clerk / Deputy City Clerk of the City of Vernon, do hereby certify Ehat 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 meetsing of the City Council duly held on Tuesday, September l, 20].5, and tshereafter was duly signed by t.he Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of Septefiiber, 2015, at Vernon. California. City Clerk / Deputy City Clerk (SEAI) 4 EXHIBIT A STATE OF CALFORNA DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER REVI SED Number 7- 1213 9 -R Revision Dated:This revision is acknowledged and agreed to by owner referred to By, July 28th, 2015 Freeway: [ ]Yes lXlNo To City of Vernon 4305 Santa Fe Ave. Vernon, Ca. 90058 Attn. Basem Andranos Access Code: 202111 Because of the State Highway construction poect: ln Los Angeles County along Route 710, in the City of Vernon at 261r Street and at Bandini Blvd. Which affects your facilities: existing underground electrical line and two (2) wood poles with lbhting fi)dures( Bandini Blvd) and a down guy on pole # 3101 VP b being relocated to power pole#206660VP . Power pole# 3101VP will remain. ( 25th Street ) You are hereby ordered to: Relocate your above described facilities per approved relocation plans. Your work schedule shall be as follows: Relocate/ adjust your facilities no later than l0/01/201 5 Notify Richard Lizardi at (213) 897 -1028 72 hours prior to initial start ofwork, and 48 hours pfior to subsequent restart when your work schedule is interrupted. Liability for cost of work is I 00% STATE. " Existing facilities are located in their present position pursuant to rights prior and superior to those of the STATE and will be relocated at STATE expense. ( i.e. city facilities located on as city street) John Njorogq, -rr l, :L:'T"l'rutf,'*:Y By \\l I M'Ehel G tes District Utility Coordi \o\ Dist.County Route KP(PM)E.A. 07 LA 710 PM 219t23.1 202121 Federal Aid No.: Owners File: City of Vernon STATE OF CALIFORNIA . DEPARTMENT OF TMNSPORTATION UTILITY AGREEMENT RW l3-5(REV 12/20r2) Page I of6 DISTRICT 7 COIJNTY Los Angeles ROUTE 7t0 POST MILE PM 21.9t 23.1 PROJECT ID 0700020870 FEDERAL AID NUMBER OWNER'S FILE NUMBER City of Vemon FEDERAL PARTICIPATION On the Project yes oNo On the Utilities D y"r No OwnerPayee DataNo -- orForm STD2O4 isattached D UTILITY AGREEMENT NO. - 7U A- I3D9_DATE The State of California acting by and through the Department of Transportation, hereinafter called "STATE,' proposes to replace the existing Cerald Desmond Bridge creating six (6) new lanes (the "Project"). The City of Vemon, 4305 Santa Fe Ave, Vemon, Ca. 90058, hereinafter called "OWNER," owns and maintains existing underground electrical line, two wood poles with lighting fixtures and a guy wire on power pole # 31001 VP (together, the "Facilities"). The Facilities are within the limits of the Project which requires relocation to accommodate the Project. I. WORKTOBEDONE By this agreement (the "Agreement") and in accordance with Notice to Owner No. 7-13129 dated June 4th ,2015 Owner shall relocate the Facilities that are in conflict with the Project's proposed widening of Route 710. All work shall be perlormed substantially in accordance with Owner's Relocation Plan # D2014-028-CR 01/14/2015 and Relocation Plan # D2014-060-CR I both of which , consist of 1 sheet, a copy of which is on file in the District Office of the Department of Transportation at 100 S. Main Street, Los Angeles, Califomia, 90012 (together, the "OWNER's Plan"). Deviations from the OWNER's Plan described above initiated by either the STATE or OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE and agreed to/acknowledged by the OWNER, will constitute an approved revision of the Owner's PIan and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Change in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. II. LIABILITY FORWORK The existing facilities described in Section I above will be relocated ar'l00yo STATE. "The existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense" UTI LITY AGREEMENT (cont.) RW r3-5(REV t2l2012) Page 2 of r3 r29 III.PERFORMANCE OFWORK OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and fumish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel (or personnel requiring lodging and meal 'per diem" expenses) will not be allowed without prior written authorization by State's represenlative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for their location work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines. Pursuant to Public Works Case No. 2001-059 determination by the Califomia Department of Industrial Relations dated October 25,2002, work performed by OWNER's contractor is apublic work under the definition of Labor Code section 1720(a) and is therefore subject to prevailing wage requirements. Owner shall verify compliance with this requirement in the administration of its contracts referenced above. STATE agrees to indemnift, hold harmless, and defend, to the maximum extent permitted by law, OWNER, its City Council and each member thereof, and its officers, employees, commission members and representatives, fiom any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attomey's fees and costs of litigation) which in whoie or in part are claimed to result from or to arise out of OWNER's performance of the work required by STATE herein, or, any injury caused thereby; or any acts, errors or omissions (including, without limitation, negligence) of STATE, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (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, STATE and its employees or agents, and members ofthe general public). IV. PAYMENTFORWORK The STATE shall pay its share of the actual and necessary cost of the herein described work .,.:+L:- /< ,.1-,,- ^f+-- --^-;-+ ^f C-,6 /<\ ^^-:-- ^f ^\L/\IEDTS ;+--:--, L:ll -;--6, L,, ^ -a^-^-.:Ll- UTILITY AGREEMENT NO. UTI LITY AGREEMENT (cont.) RW ri-s(REV ry20r2) offrcial of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the Califomia Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable (if any). It is understood and agreed that the STATE will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to the Page 2 of UTI LITY AGREEMENT (cont.) RW I3-5(REV t2l20t2) STATE for the "used life" or accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded cost as ofthe billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the STATE within 360 days after the completion of the work described in Section I above. lfthe STATE has not received a final bill within 360 days after notification of completion of Owner's work described in Section 1 of this Agreement, and STATE has delivered to OWNER fully executed Director's Easement Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE will provide written notifrcation to OWNER of its intent to close its file within 30 days and O\MNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. lfthe STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the Califomia Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, ald less any amounts covered by progress billings. However, the STATE shall not pay final bills which exceed the estimated cost ofthis Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a Revised Notice to Owner as provided for in Section l, a copy of said Revised Notice to Owner shall suffrce as documentation. In either case, payment of the amount over the estimated cost ofthis Agreement may be subject to allocation and/or approval by the Califomia Transportation Commission. In any event if the final bill exceeds 125Yo of the estimated cost ofthis agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I ofthis Agreement shall have prior concrrrence ofthe STATE. Page 3 of t3t29 UTI LITY AGREEMENT (cont.) RW r3-5(REV r 2/20 r 2) Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48CFR, Chapter l,Part 31, et seq.,23 CFR, Chapter l, Part 645 and/or l8CFR, Chapter l, Parts 101,201, et al. lf a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing. V. GENERAL CONDITIONS lf STATE's Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. ln such an event, all costs accrued by OWNER as a result of STATE's request of 2ll8l20l4 to review study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. Furthermore, in such an event, OWNER shall submit a Notice of Completion to the STATE within 60 days of full execution of an Amendment by the parties terminating the Agreement. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter l, Part 645 is hereby incorporated in this Agreement by reference; provided, however that the provisions of any agreements entered into between the STATE and the OWNER pursuant to State law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable Federal or State regulatory body and approved by the Federal Highway Administration, shall govern in lieu ofthe requirements of said 23 CFR 645. STATE will acquire new rights of way in the name of either the STATE or OWNER through negotiation or condemnation and when acquired in STATE's name shall convey same to OWNER by Director's Easement Deed. Where the OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. Page 4 of 13129 UTI LITY AGREEMENT (cont.) RW r3-5(REV r2l20 12) Page 5 of, I urtury AGREEMENT No. 13129 Upon completion of the work to be done by STATE in accordance with the above-mentioned plans and specification, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. "ln addition, the provisions of23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 2lst Century @AP-21), section l5l8; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA." IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STATE: DEPARTMENT OF TRANSPORTATION OWNER: By Name MICHELE CRAYES Tide District Utility Coordinator Senior Right of Way Agent APPROVAL RECOMMENDED : By By Date Name Title Date Name Robert W. Crisp, JD Title UtilityCoordinator Associate Right of Way Agent Date UTI LITY AGREEMENT (cont.) RW l3-5 (REV t2t2012) Page 6 of THISAGREEMENT SHALLNOT BE EXECUTED BYTHE STATE OFCALIFORNIA - DEPARTMENT OF TRANSPORTATION UNTIL FLINDS ARE CERTIFIED. PROJECT ID FLINDING VERIFIED Sim:> Print> R/W Planning and Management Date THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $r8,336.00 A CERTIFICATION OF FUNDS I hereby certiry upon my own personal knowledge that budgeted funds are available for the period and purpose ofthe expenditure shown here. Planning and Management Date ITEM CHAP STAT FY AMOU'.vT Distribution: 2 originals to Ww Accounting I original to Utility Owner I original ro Utility File FT'NDTYPE PROJECT ID AMOUNT Desien Funds $ Construction Funds S RW Funds sr 8,336.00 RECEIVED AUG 2 6 2015 CITY CLERKS OFFICE HUMAN RESOURCES DEPARTMENT DATE: TO: FROM: RE:Approval of a Professional Services Agreement By and Between the Cify Of Vernon and Bob Murray & Associates to Conduct A Recruitment For The Position Of City Administrator For The City of Vernon Recommendations A. Find that approval of the attached professional services agreement by and between the City of Vemon and Bob Murray & Associates is exempt from Califomia 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. Approve and authorize the City Administrator to execute the attached professional services agreement on behalf of the City of Vemon with Bob Murray & Associates to conduct a recruitment for the position of City Administrator for the City of Vemon. Background The current City Administrator is plarming to retire aftet 26 % years of service with the City. During the last 5 % years his leadership and management skills were a key factor through the city's implementation of more than 150 good govemance reforms. Through his leadership the City has transformed to become a model city for good govemance in Southeast Los Angeles County. In anticipation of the City Administrator's retirement, it is vital to begin recruitment planning for the next big picture generalist to take the organization to the next level on its forward path oftranspiuency, accountability and good govemance. RECEIVED AUG 2 7 20t5 CITY ADMIiIISTRATIONSTAFF REPORT September 1, 2015 Honorable Mayor and City Councit Teresa McAllister, Director of Human Resour*. JN Page 1 of2 As such, on July 7,2015, the city council approved and authorized the Director of Human Resources to issue a Request for Proposals for an executive search firm to conduct a recruitment for the position of City Administrator for the City of Vernon. On July 7,2015 the Human Resources Department sent the Request for Proposals to fourteen (14) executive recruitment firms who were identified from various resources and also posted the RFP on the city's website. By the deadline of August 6,2015, three (3) consultants provided responses to the RFP. An interview was conducted with all of the respondents on August 1g, 2015. The interview panel was comprised of five (5) members to include Mayor Mccormick, council member Ybarra, Mark c. whitworth, city Administrator, Teresa McAllister, Human Resources Director and Lisette Michel, Senior Human Resources Analyst. After a thorough interview and discussion regarding the extremely-qualified firms, the panel recommended that Bob Murray & Associates be selected based on being well qualified and having the most reasonable proposal of $24,000. Bob Murray & Associates has successfully placed over 200 City Managers since the firm,s inception in 2000. The firm prides themselves on providing quality service to local govemments. Mr. Freeman, Vice President will be assigned to the City of Vemon's recruitment. He brings over twenty-four (24) years of local govemment experience to Bob Munay & Associates, with eleven (1 1) years in the recruitment field. Mr. Freeman is a retired Chief of Police and has served as al elected official in local govemment. He has vetted hundreds of local governmental officials in the pre-employment process and conducted recruitments for positions in all sectors of public agency employment. Mr. Freeman's unique experience, as both al executive city staff and as an elected official, will provide a combined perspective on the recruitment process for a City Administrator for the City of Vemon. Fiscal Impact The cost to conduct the recruitment for the City Administrator position is $24,000. This amount is already budgeted in the approved Human Resources Departrnent Professional Services line item budget for hscal year 2015-2016. Attachment(s) l. Professional Services Agreement Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BOB MURRAY & ASSOCIATES TO CONDUCT A RECRUITMENT FOR THE POSITION OF CITY ADMINISTMTOR FOR THE CITY OF VERNON COVER PAGE Contractor: Bob Murray and Associates Responsible Principal of Contractor: Valerie Gaeta phillips, president Notice lnformation - Contractor: Bob Murray and Associates 1677 Eveka Road, Ste. 202 Roseville, CA 95661 Attention: Valerie Gaeta Phillips, president Phone: 916-784-9080 Facsimile: 91 6-784-1 985 Notice lnformation - City: City of Vernon Human Resources Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Teresa McAllister, Director of Human Resources Telephone: (323) 583-881 1 ext. 239 Facsimile: (323) 826-1 439 Commencement Date: September 1, 2015 Termination Date: August 31 , 2016, pursuant to the provisions set forth in Section 4 Consideration: Total not to exceed $24,OOO (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BOB MURRAY & ASSOCIATES TO CONDUCT A RECRUITMENT FOR THE POSITION OF CITY ADMINISTRATOR FOR THE CIry OF VERNON This contraci is made between the city of Vernon ("city"), a california charter city and california municipal corporation ("city"), and Bob Murray and Associates, a california corporation ("Contractod). 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 september '1, 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 August 6, 2015, Exhibit "A", and Contractor,s proposal to the City ("Proposal") dated July 31, 2015, Exhibit "B", 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 personnel recruitment 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 permitted under State and local law to perform such services and shall be subject to approval by the City. 2 (a)4.0 TERM. lruert This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the cover page, or upon the date the city hires a candidate, whichever is sooner. (b) ln the event that the hired candidate is terminated within one year from the date of hire, the Contractor shall conduct a new recruitment for a City Administrator at no additional fee, but shall be reimbursed for any expenses incuned. 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 Contractods grand total compensation for the entire term of this Contract, including change orders, shall not exceed 924,000.00 without the prior authorization ofthe City 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.'l As scheduled services are completed, Contractor shall submit to the city an invoice for the services completed, authorized expenses, and authorized extra 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 eXra 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. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days affer 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 Human Resources 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 extended beyond three years. The city Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed $24,OOO.OO. 8.0 CITY'S 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 contractoas services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENTCONTMCTOR. 9.1 . 1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or 4 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 ofthe services hereunder. Contractor 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. 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 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. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Conkactor 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. Alt reports, drawings, ptans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contraclor 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 prompfly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services fumished by Contractor shall not relieve the Contractor from the obligation to correct 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. 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 otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shail comply with ail Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, 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 Aoolicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 6 9.10.2 Entire Aoreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, conespondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contraclor 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 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. In case of conflict between the terms of this contract and the terms contained in any document attached as an Exhibit or othenivise 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 California, 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 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. 9.10.7 Duplicate Oriqinals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is stricfly of the essence of this contract and each and every covenant, term and provision hereof. 7 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the city that the contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be 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. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, enors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.'14.2 This agreement to indemnify includes, but is not limited to, personal injury (lncluding death at any time) and property or other damage (including, but without limitation, contracl or tort or patent, copyright, trade secret or trademark infringement) sustained by any 8 person or persons (including, but not limited to, companies, or corporations, contractor and its employees or agents, and members of the general public). 9.14.3 RELEASE. Contractor agrees to release and covenants notto sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contraci. 9.15. INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15.1 Automobile Liability with minimum limits of at teast $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.15.2 General Liability with minimum limits of at teast $'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 Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractods performance of this Contract. (a) lf Contractor employs other contractors as part ofthe services rendered, Contractods Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.15.3 Professional Errors and Omissions coverage in a sum of at least 9 1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 9.15.4 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: (a) Provide copy of permissive self-insurance certificate approved by the State of California; or (b) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (c) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.15.5. 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. 9.15.6 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 9.15.7 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate ls to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.8 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 10 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 Contractor, at City's option; (b) immediately terminate this Contract; or (c) self -insure the risk, with all damages and costs incurred, by judgment, set ement 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: City of Vernon Attention: Teresa McAllister, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 lf to the Contractor: Bob Murray & Associates Attention: Valerie Gaeta Phillips, President 1677 Eureka Road, Suite 201012 Roseville, CA 95661 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 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 cause, upon fifteen (15) calendar days'written notice to Contractor. lf 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 satisfactorily completed and accepted prior to the 11 effective date of termination. such payment shall be contractois 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 effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notlce of termination, and except for reimbursement of (1) any payments made by the city for service not subsequenfly 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 ofthe Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the city for all reasonable and extra costs incurred in conducting the audit at a location other than the city of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.2O CONFLICT. Contractor hereby represents, warrants and certifies that no 12 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 tabor 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 contraclor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 % times the basic rate of pay. 9.22 LIVING WAGES. 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". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contraclor 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 that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, 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 Pagel. IJ lN WTNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Bob Murray & Associates, a California andCaliforniamunicipalcorporation corporation Mark Whitworth, City Administrator ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa-Milward, Deputy City Attorney By: Name: Title: By: Name: Title: 14 EXHIBIT A REQUEST FOR PROPOSALS 15 for an Executive a Recruitment City of Vernon Request for Proposals (RFP) Search Firm to for the Position Administrator for the City of Vernon City of Vernon Human Resources Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 Conduct of City Due bv Aueust 6. 2015 July 2015 City of Vemon Request for Proposals for An Executive Search Firm I. INTRODUCTION AND PROJECT The City Council of the City of Vernon is soliciting proposals from exceptionally qualified Executive Recruitment firms and/or Public Sector consultants to conduct a comprehensive recruitment for the position of City Administrator. Selected Firm will be required to enter into a Professional Services Agreement, a copy of which is attached hereto as Exhibit "B". Portions of the Agencies proposal may be incorporated into the Professional Services Agreement. The City will select one firm, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the selection of a City Admintstrator. 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 20th 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 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 Southern California and Vernon has attracted 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 bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, lnternational Brotherhood of Electrical Workers Local 47 , and Teamsters Local 91 1 . 3. ISSUES OR PROBLEMS TO BE ADDRESSED ln the past five years, Vernon has undergone tremendous change. Through the City's implementation of more than 150 good governance reforms, Vernon - the City that has billed itself as "Exclusively lndustrial" for nearly 110 years, has firmly established itself as a model City for good governance in Southeast Los Angeles County. 2 July 20'15 Today, Vernon has resolutely closed the book on its' sometimes discredit past, and new city leaders look steadfastly ahead to a promising future. ln February 201 'l , Former California State Attomey General John Van De Kamp was engaged to serve as an lndependent Ethics Advisor to the City. ln January 20i5, hepresented his eighth report statlng that "the city of Vernon has seen continuing progress". Vernon's new housing project, vernon village park is due for completion in mid-2015. 50 new units are expected to bring in around 125 new residents to the city, virtually doubling Vernon's population. The Huntington Park soccer field renovation which vernon largely funded (with a contribution of $700,000 from the Community Fund Good Neighbor program) has been completed and open for play. The City of Vernon has a $340.2 miltion balanced budget for 2015-16 with 956.8 miilion general fund operating budget. Plans are underway for refinancing some of the City's bonds and interest rate swaps which should improve the city's cash position and its ability to fund needed infrastructure projects, and reduce fiscal volatility. The current city Administrator is retiring after 26 /z years of service with the city, the last ?% yearc serving in a key and critical role leading to the City's transformation. The City council is seeking a big picture generalist with strong administrative/managemeni, financial and planning skills, with municipal experience to take the organization to the next level on its forward path of transparency, accountability and good governance. The role of the City Administrator will include but is not limited to: o Serving under administrative direction of the City Council as the Chief Staff Advisor for the City of Vernon.. Responsible for leading, planning, directing, and evaluation the City's operations, programs, priorities, projects, and policies.. Leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals.. Responsible for the day-to-day administration of all City affairs placed within the City Charter. This includes supervision of the City departments, offices, and City of Vemon Request for Proposals for An Executive Search Firm agencres.o Ensures all laws, Charter provisions, executed. and acts of the City Council are faithfully . Prepares and submits the annual operating budget and capital improvement plan.. submits to the city council a complete report on the finances and administrative activities of the City at the end of each year.. Submits policy recommendations to the City Council.. Represents the City to citizens, the business entities, and non-profit organizations. community, other governmental . Appoints, suspends or removes all City employees and administrative officials provided for by the Charter. July 2015 City ofVernon Request for Proposals for An Executive Search Firm 4. SCOPE OF SERVICES REQUIRED The city of Vernon is seeking the services of a highly qualified consulting firm to provide applicable services consisting of, but not be limited to, the following tasks: A. Meet with the City Council and stakeholders to facilitate a discussion regarding the necessary qualifications, values, experience, expectations and educationjl background of the ideal candidate for this position. B. Work with the City of Vernon Human Resources Department and City Council to develop appropriate and necessary selection criteria, selection process, and timeline, representing a proposed initial path for selection of a City Administrator. C. Develop recruitment materials and solicitations that describe the City Administrator position, the City organization, and the community. D. Conduct a broad and thorough national recruitmeni utilizing professional publications including but not necessarily limited to Jobs Available and Western City Magazine. E. Conduct targeted recruitment of qualified individuals. F. Acknowledge receipt of candidates' application materials and maintain communication with all candidates throughout the recruitment process. G. Conduct initial screening of all candidates' applications. Narrow the candidate field of qualified candidates to ensure that they meet the qualifications and other criteria as established during the earlier phases of the process. lnvolvement of the City Council as necessary during the preliminary phases, however continued communication to the City Council is expected at all steps in the process. H. Submit to the City Council a "short list" of candidates the firm feels are best qualified for the position based on the criteria established by the City Council and stakeholders- The number to be interviewed will be recommended by the firm following their normal procedure for this type of position. l. Once the finalists are selected, work with the City Council and staff to schedule interview sessions, prepare a list of questions and a rating form for interviews. J. Coordinate the final on-site selection process as determined at a time designated by the City Council. Tasks that should occur during this phase of the process include at a minimum formal interviews with the City Council and interview panel. Other tasks may include facilitation of candidate meetings with existing executive level employees and tours of City facilities. K. Coordinate the on-site portion of the process including scheduling interviews and other activities, and making travel and lodging arrangements as directed by the City. 4 July 2015 City of Vemon Request for Proposals for An Executive Search Firm L. Conduct all background and reference checks, including public records searches and credit checks, on the finalists. M. Negotiate and finalize an initial contract with the selected candidate following consent and approval and with the advice of the City Council. lf a contract cannot be successfully negotiated with the final candidate, the City Council may select another candidate from the finalists and the firm may re-interview any previously selected final candidate. N. Provide notification to all candidates not selected as finalists for the position. O. Provide progress reports at least bi-weekly to the Human Resources Director. Periodic on-site meetings may be required to discuss ongoing progress and to determine the process for screening candidates. P. The City Council intends to appoint a City Administrator no later than December 1,2015. Deliverables 1. A detailed time line for completion of all of the services described in Section 4 - Scope of Services, with expectation that the top candidates will be submitted to the City Council no later than November 2, 2015. 2. A "not to exceed" fee for all professional services and task described in Section 4 - Scope of Services, as well as a specific "not to exceed" amount for expenses related to the professional services. 3. A list of any additional activities and/or techniques that might be helpful to incorporate into the recruitment and selection process and the specific cost for adding such services. 4. An hourly rate at which the City would be billed for any services that the City might request outside the scope of the items listed in the RFP. 5. A written proposal that is responsive to Section 6 of this Request for Proposal. 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: 1 . Oemonstrated experience in facilitating a recruitment for City Administrator or other executive-level position in the State of California. 2. Extensive experience conducting recruitments for City Administrator or other executive-level position for full-service municipalities in the State of July 2015 City ofVernon Request for Proposals for An Executive Search Firm California. 3. Background, credentials and years of experience with executive level recruitment for local government. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received 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 individual members will not be made available to any proposer. 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. 4Oo/o Qualifications, background and prior experience of the firm In the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, 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.3. 10Yo Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORIIIAT AND DELIVERY OF RESPONSE Respondents are asked to submit seven (7) hard 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 1 1' 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. 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your firm's response and one electronic version (via email to [insert email contact]) b July 2015 B City of Vemon Request for Proposals for An Executive Search Firm 4. Prominently label the package: "RFP - Executive Search Firm for City Administratod' and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Teresa McAllister, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 5:00 p.m. on August 6, 2015. Late response will not be accepted. 6. lf you have any question about this RFP, please contact Teresa McAllister, Director of Human Resources at (323) 583-881 1 ext. 239. 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. lf the proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. 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. 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. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. Work Plan: Present concepts for conducting the work plan and intenelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. 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 governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. c. D E. F 7 July 20'15 City of Vemon Request for Proposals for An Executive Search Firm G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/heriits 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 project(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 AMENDMENTS 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 preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. 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. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. 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. E. The City reserves the right, in its sole discretion, to accept or reject any or all I July 2015 City of Vernon Request for Proposals for An Executive Search Firm Proposals without prior notice and to waive any minor inegularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. 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. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 9. RIGHT BY THE CITY TO WTHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $1 1 .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 current 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 for services 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. 9 July 2015 City of Vemon Request for Proposals for An Executive Search Firm EXHIBIT A AFFIDAVIT OF NON-COLLUSION -10- July 2015 City of Vemon Request for Proposals for Al Executive Search Firm EXHIBIT B STANDARD FORM CONTMCT -11 - July 2015 EXHIBIT B PROPOSAL 16 A PROPOSAL TO CONDUCT AN EXEC(TTryE RECRUITMENTFORA City Administrator ON BEHALF OFTHE Ciry of Vemon phone 916.78,t,9O80 lor 9l6.784.1985 1677 Etralo Rood So,rG 2O2. Ror.vitt. CA 9566t Jdy 37,201s Mayor !7. Michael McCoonick and Members of thc City Council City of Vemon 4305 Santa Fc Avenue Vemon, CA 90058 Dcar Nlayor McCormick and Counc.il Members: Thank you for inviting Bob Muray & Associates to submit a proposal to conduct the City Admmistrator recruitmenr fot the City of Vemon. The following proposal deails our qualifications and describes oru ptocess of identi-$ing, r"cruiting-and lcreening outstanding cendidarcs on your behalf. It also includes a pmposed budgeg timdinc, guaraotcc, and sample recminnent brochure. At Bob Muray & Associates, rve ptide oursckes on providing quality scrvice to local govemments. We have deeted a recruitrncnt pto.ess th.t combines out ability to h+ you to dctermine the direction of the seatch and the types of candidates you seek xrith our expeticnce rectrrting outstanding candidatei rvho ate not necessadly looking for a iob. Our proven expcttise ensures that tlre q.ndidates we prcsent fot your consideration will match the critetio you have establishcd and rvill 6. og15121ding in their field. With respect to the City Administrator recmitrnenE Bob Murrzy & Associates offers thc follorving expertise: - We have placed ovet 200 City Managcrs since our fum,s .inception in 2000. We are currendy conducting City Manager recruiurrents on behalf of the cities of Bell, I-emon Grove, Metced, and Oceaaside, CA along with Chandler, AZ. In t}Le pasr three yc.rs, we have placed City Managets in thc Califomia cities of Albany, Arcadia, Arvin, Atherton, Cathe&d Gty, Chino, Chino Hills, Coocotd, Dinuba, Coati, El Montg Fortuna, Goleta, Hcmet, Lake Flsinols, Loolrris, Marina, Martincz, Modesto, Momovia, Montcbello, Mountain View, Oxnatd, Pico Rivera, pittsbqg, Rancho Cotdova, Rancho Palos Verdes, Rancho Santa Margarita, Redondo Beacho Salinas, San Femando, San Marcos, Santa Ana, Soutlr Gate, St. Helena, Temple City, Ventua, and Woodland, h addrtion to the cities of Arvada, Centenoial and Stcding CO; Fort Lauderdale and Miami Beach, F! Topeka, KS; Glendale, Tucson, and Phoeix, AZ; and Dallas, TIL For a complete Iist of our previous Gty Managet reuuitmcnts, pleasc refetence the enclosed dicnt list. Our extensivc contacts and knorvledgc of outstending candidates will ensute you have a quality gtoup of finaliss from which to select the City of Vemon,s next Citf r\dministtator. t Bob ormty and the surrounding region.We recruitmcnr on bchalf of Sigf,alHill, f of Bell, the Deputy Direcror of planniig tccruitment on behalf of Los Ange.tes, the construction Sersices officer iccxuitment on behalf of Long Beach, and the Police Chief tecruitment on behalf of California statc Polytechnic uruvenity. we recently completed recruitrnents on behalf of the citics of Arcadia, Azusa, Commerce, El Monte, Inglewood, Manhattan Beach, Moruovia, Montercy Park, Pico Rivera, Rancho palos Verdes, Redondo Beach, San F'etnando, Soutbgarc, Temple City, and West Holli.wood. 'S7e also recently completcd the Chief Financial OfEcer search on behalf of people Assisting thc Homeless PATID. U0e have pteviously conducted recmimrents on behalf of the cities of Baldrvin Patl{, Bevetly Hills, Claremont, Culver City, El Segundo, Glendota, Irsrindale, I-ancaster, Long Beach, I_os Angelei, Lynriood, Maywood, Montebello, Pasadcna, Pico Rivera, pomona, San Fcrnando, Saota Clarita, Santa Monica, Srgnal Hi[ South Gate, South pasadena, and Whittier. Othct organizations in the County fot rvhich wc have recruited include the Bob Hope rlirport, the Hous.ing Authodty of the City of Los Angcles, the Hub Cities Consortium, the Los Angelcs Convcntion Centeq thc Las Virgcnes Municipal Water District, the Port of Ils Angelcs, the Pott of Long Beach, Palmdale I7ater District, !(/alnut Valley Watet Disttict, and the West Basin Municipa.l Water District. Our knowledge of the tcgion, its issues, and its outsanding quality of Iife will be an assct in presenting this oppotrmity to prospective candi&tes. v We tecognize t}lat rye rrrotk at the pleasure of the Ciq, Council. Out iobis to facilitate the Counc.il's City Administratot seatch. Fmm thc outset of the scatch, wc work to establish a strong patmership with the Boatd in otdet to cnsute the placement of a City Administator who is idealiy suited to.its needs. In order to devclop an effective scarch, we hope that Council Members make dremsclves available as rve seek the oppomnity to meet with them individually to discuss their expectations for City's ncrv City Administtator. $fie hope they will speak candidly rvith us regrrding the trais they ate looking for .in the new Administtator. The hsight gamered as a tesult of these meetings rvill be invaluablc as we rccruit and screcn candidatcs for thc position. i We understand that the City has a desite for thc retained 6Im to not only tecruit local candi&tes, but also candidates ftom divctse backgrounds utiJizing local, regional and national resources. Part of our process will indude placing the City Administrator advertisemcnt in publications that spcciEcaliy teach out to minodty aad womcn candidates, such as the ICMAJob Oppomrnity Bulletirq the National Forum for Black Public Administrators, the National Association for Hispanic Public -r\dministators, the Asia-Pacific Joumal of public Administation, and the American Society for Public Administration. In addition, we will teach out to local candidates thtough various publications such as the l_.os Aryth Stntincl and, Tbe lVaae. A 5ignifigaril portion or oui process focusqs on coflductitrg thorough and conEdential backgtound .invcstigatrons of the top 2-3 candidates to ensure that nothinfabout them is lcft undiscovercd. we have candid discussions s'ith references who have insight into the candidate's expedence, style ar:d cthics; conduct a search of nevspeper articlcs; and mn ctedit, cdminal and civil records repoits. This ensues that the chosen candidate r'ill not only be an exccllent fit vith the Gty of vemon, but also tbat the selectcd candidate srill tcflect positivcly upon you-t organization. To leam 6rst hand of the quality of our scrvice and our recnritrreflt successes, ve invite you to contact rhe refetcnces listcd on pagc 1 1 of thc attached proposal. We look forward to your favorable consideration of our qualifications. plcase do oot hcsitate to contacr us at (916) 784-9080 should you have any questions. Sincerely, 1/a/u,Lgoegflv, Valerie Gaeta Phillips President Bob Murtay & Associates TABLE OF CONTENTS THE RECRUITMENT PROCESS..... .........2 STEP 1 DElEu)prNG TlrE CANDTDATE pR()FrLE .........,.,.......................,..,2 STEP 2 AD!,ERflsrNG C{MpArcN AND RECRUITiTENT BRoCHURE ............2 STEP 3 RECRUTflNG C{NDrDA1ES.., ......,.......................2 STEP 4 SCREENING CANDIDATES .. ................................2 sTEp 5 PFr-soNAL INTERVTEVS ....... ..............................3 srEp 6 PuBLrc II.ECoRD SEARCH .... ...............................3 STEP 7 RECoNhTENDATToN GuJ\R-,\1\TEE PROFESSIONAI QUALIFTCATIONS ..... REEERENCES.............._.....11 THE RECRUITMENT PROCESS Bob Muray & Associates' uaiquc and client oriented approach to execudye search will ensure that the City of Vemon has qualrty candidatcs ftom which to selcct the new Gty Administator. Oudined below are the key stcps in out rccnritment process. STEP 1DEIELoPING THE CANDIDATE PRoFILE Our understanding of the City of Vemon's needs will be key to a successfrrl search. We will wotk srith the City Council to leam as much as possiblc about the otganization's expectations fot a nerv City Adminis6l16t. We \vant to learn the values aad culture of the organization, as well as understand the curent issues, challenges and opporuoities that face the Gty of Vemon. We a.lso rvant to knorv the Gty Council's expectations regarding the knorvledge, skills and abilities sought in the ideal candidate and will wotk with the City to identif cxpectations regardhg education and expcrience. Additionally, \rc watrt to discuss expectatiorx tegarding compensation and other items necessary to complcte the succcssfirl appointment of the ideal candidatc. The profile we develop togethet at this stage rvill drive subsequent recuitment efforts. STEP 2 ADVERTISING CAMPAIGN AND RECRT,ITMENT BRoCHURE After gaining an undctstanding of the City of Vernon's oeeds, we ".i[ doigr, an effective advettising campaign appropdate fot the City Administtator reffuitment. We will focus on profcssional ioumals that are speciEcally suitcd to the Gty Administrator scarch. I/c rvill also develop a professional recruituent btochure oa the Gty Councills behalf that will discuss the community, organizatioo" position and compcnsation in detail Once completed, rve will mail the proEle to an extensive audiencc, making them aware of the excitiog opporunity with the City of Vemon. STEP 3 ItEcRUrrrNG CeNomeres Aftet cross-referencing the profle of the ideal candidatc rvith our databasc and contacts ifl thc field, we rvill conduct an agtessive outteach cfforg induding making personal calJs to prospectivc applicants, designed to identi$ af,d rcduit oustanding candidates. $7e recognize that the bcst candidate is often not looking fot a new iob and rhis is the person we actively seek to convince to become a candidate. Aggtessively marketing the Gty Administrator position to prospective candi&tes will be essentid to the success of the search. STEP 4 SCREENING CANDTDATES Follorving the closing date for the rcctuimrent, rve rvill scrcea the resumes we have receivcd. !fle rvill usc the criteria established in our initial meetings as a basis upon which to nartow the 6eld of candi&tcs. Citv of \remon Palp 2 STEP 5 PENSONAL INTERVIEWS we wiu conduct personal interviervs with thc top 10 to 12 cand.idates rvith the goal of docrmining rvhich candi&tes havc the greatest pot",tial to succeed in your organiz-ation. Dudng the interviervs we will explote each candidate's backgtound ,ni expcriJoce a" it relates to the city Administmtor position. In addition, .o. .rrill di".or" the candidate,s 1n9-tivatio:r for applying for thc position and Enkc an essesstuent of his/her knorvledgg slrills zad abi.lities. !7e rvill devotc specific attention to establishing thc likelihood & the candidate's acceptance of the position if an offer of cmploymcnt is made . STEP 6 PUBUC REcoRD SEARCH Follorving the interviews, rve rvill conduct a rcview of publishcd artides for each candidate. Vadous soutces n ill be consulted including Lexis-NcxisrM, a nevspaper,/magazinc search engine, Google, and locJ papers for the communities in rvhich the candidates have worked. This alerts us io aly futther dctailed inquiries we may need to make at this timc. STEP 7 RBCoMMENDATIoN Based on thr information gatlered tbrough meetings vith yout organization, and personal intemiews with candidates, rve u,ill rccommend a liraircd numbet of candidates fot your firther consideration. We will prcpare a wdtten report on each candidate that focuses on the results of our intcrries,s afld poUli" recotd searches. We will make speciEc recommcndations, but thc final de tcrmination of those to be considered w.ill be up to you. STEP 8 FINAL INTERvIEws Out years of cxperience will be invaluable as we help you develop an interv-iew process that objectivcly assesses the q"alifications of each candidate. rJUe srill adopt an approach that Ets your needs, whcther it is a traditional irteivicw, multple intervierv penel or assessmeot center process. \)7e will provide you with suggested intervierv questions and tating forns and will bc present at the intcnriew/asscssment ceflter to faciJiate the ptocess. Out expertise lies in facilitadng the discussion thet can bting about a consensus rcgarding the 6nal candidates. 'We nrill work dosely with your staff to coordinate and schcdule interien s and candidate travd Our goal is to ensure that cach candidate has a very positive experience, as the manner in which the entire process is conducted will have an effcct on the candidates' perception of your organization. Ciry of Vemon Pagc 3 STEP 9 BACKGRoUND CHEcx.s /DETAILED REFERENCB CHECI(S Based on final hls*igvs rve will conduct ctcdig cdmina! crvil litigation and motor r.ehicle tecord checks for the top one to thtee candidates. In addition, those candidarcs will be the subjects of detailed, confidcntial refercnce chccks. In order to gain an accurate and honcst appraisal of the candidates' stengths and weakncsses, *. ..uh t rk candidly rvith people rvho have dircct knorvledge of their work and manegement style. we *iil ask candidates to fonvatd the names of their supervisors, subordinates and peets for the past several years. Additionally, we make a pornt of spcaking .onfid.otialy to individuals who rve knorv have insight into a candidate,s ab.ilities, but who may not be on theit prefe.ed list of contzcs. At this stage in the rccruitment rve will also veri$, candidates' degrees. STEP 10 NEGoTIATIoNS We tccognize thc critical .importancc of successfirl negotiations and can serve as yout reptcsentative dudng this process. !7e knosr what other organizations have done to put deals togcthet with great candidates and nrill bc a-vailablc to ad-vise 1ou regardin€ curent approaches to difficult issues such as housing and relocation. !7e will rcpresent your interests and advjse you tegarding s-alaty, beneEts and employmcnt egrccments with the goal of putting togethci a deal that fcsults in thc appoinunent of your choscn candi&ie. Most often wc can !ur,n a very difficult aspect of the recuitment into one that is viervcd positively by both you and the candidate. STEP 11 CoMPLHTE ADMIMSTRATIVE AssIsTANcE Thtoughout thc rccruitrnent we rvill providc the Gty Council lrith updates on the status of the search. Wc will also take carc of all administtative d.tails on your behalf. Candidates vill receivc persoflal leners advising thcm of their status at each critical point in the tecnritment. In addition, we rvill respond to rnquiries about the status of their candidacy within nventy-four hor:rs. -go.ry administtative detail srill receive our attendon. Ofteo, candi&tes iudge our clients based on how well thcse details are handlcd C-in'of\remol Pagc { BUDGETANDTIMING PRoFEssroNAL FEE AND ExpENsEs The consulting fee for conducting the City Administator recruirnent on behalf of the City of Vemon is 917,500 plus expenses. Servtces ptovided fot in the fee consist of ell steps oudined .in this proposal includrng thtee (3) days of mcetings on site. The City of Vemon rinill bc rcsponsible for tcimbusing expcnses Bob Muuay & Associates incuts on your behalf. We estimate expenses for this profcct to bc $6,500. Reimbursablc expenscs indudc such items as t}rc cost of tecruitcr ttavel clerical support; brochuc dcvelopment; placcment of ads; credit, criminal and civil background checks; educadon veriEcation; aod public tecords searches. postage, printi"g, photocopying, and telephone chatges ate allocated costs and included ifl th; expcnse estimate. Thc proposcd fee is not-to-exceed $24,0O0 for professional serviccs and expenses. IVe understand you are seeking the estimated number of hous that we would require to provide our senrice, the billing ratcs of persons that rvill provide said services, and any other estimated additronal costs; however, Bob Murmy & Associates docs not bill based on the number of hours. Our recruiters do not spend a minimum or maximum numbet of houts on each section of thc iecruitrnent ptocess. Instead, they spend the amount of time necessary to exceed t}re expect ltions of our cliens. The most hours arc typically sp"ni on candidate outtcach, as this ensures a successfirl recuitrnent more th- -yother asprect of the recnritment process. Developing the candidate pro{ile, a" rvell as thc initial intervierv process aod refercncc checking/nervspaper searches are other areas where signifcant time is spenr Cin of Vemon Pngc 5 TurflNG !7c are prepatcd to start vork on this assigo.ment immediately and anticipate that we will be prepared b make our tecommen&rion regruding finalists rvithin sevcnty five to nioety days from the start of the search. Task: Contract Start Date; IDidal Meer.ing(s): Our firm dgvslops reouitrnent brochure: City approves brochure: Job advenising and candidate soucing Out Erm rcviews application packets: Our 6rm conducts scteening process: City approves candidatcs: City's intervrew panel convcoes; Reference/B ackground Checks: Second Interwiews by Gty, if necessary: Offer of Employrncnt: Guenervrsp Week: TBD 1 week from coltmct sta.rt 2 weeks ftom contfr.ct start 4 wceks ftom conEact staft 8 rveeks ftom cootract start 9 wccks ftom contract stert 10 weeks ftom contact stalt 12 rveeks ftom contract start 13 rveeks ftom conEact staft 14 weeks ftom coottact start 15 weeks ftom contmct start 16 weeks ftom coottact statt We guarantee that should a elected fot the position be teumnated within the fu szill conduct thc search again at no cost (rvith &c exception of expcnses) to the City of Vemon. We ate confidcnt in out ability to recnrit outstaflding candidates and do not expect the City of Vemon to find it necessary to cxercise t}is provision of out proposal. Cih' of \rcmoo Pnge 6 PROFESSIONAL QUALIFICATIONS BoB MURRAY, FoUNDER Mr. Murray brhgs over 25 yeas experiencc as a lecruiter. Mr. Murray is recognized as onc of the nauon's leadrng tecruiters. He has conducrcd hundrcds of seariles for cities, counties, and special districts. He has been called on to conduct searches for some of thc latgest most cohplex organizadons in the muntry and somc of the -sma[_ est 1!fr. Murray has conductcd seatches fot chief executives, depatmcnt heads, professional and tccbdcal positions. Mr. Mutray has taken thc lead on the furn's most difEcult assignments with great zuccess. His clients have tetained him- agarn and again givcn the quality of his wotk and success in fnding candidates for difficult to 6ll positions. Prior to cteating Bob Muttay & Associates, Mr. Murtay directcd the search ptectice for thc largest search compaly serving loczl government in the country. Mr. Murray has worked in local govemment and bcnefis &om the knorvledge of having led an otganization. prior to his caleer in erecutive search he, served as the City Manager for the City of Olympia, Washington. He has also served as an Assistant City Manager and held positions in law enfotccmenL Mr. Murray teceived his Bachelor of Sciencc Degree in Ctiminolog5r ftom the Univcrsity of California at Berkeley with graduate studies in public Administmtion at Califomia State Univcrsity ar Hayward. Cirv- of VemorI Pagc 7 VAT.ERTE GAETA PHrLrFs, pn-usroEvI Ms. Gaeta Phillips has ovct 15 years of recruiting expcrience, iocluding more than a decadeof recent expedence in executive seatch for publiq pdvatc, and stemrp companies nationrvide lvls. Gaeta Phillips has expertise in tle firll recruiting cycle, fto- pro..." *ttg, ,"9 ouEcach tluoqh c^ndidate assesstnent and selection. Sie L, placed ,"niot- level candidates in a vadety of industries and frelds, includhg Finance, -Information Technology, and Engineering. Ms. Gaeta phillips rs valucd for her passion for Ending and retaining the most outsanding caadidates for evcn the most difficult or untraditional assignments and for het commihent to her clients, success. NIs. G_aeta Ph lips has a passion for helping people, evidenccd by her funduising and cfforts to taise awarencss for otganizations such as Autism Speaks anJ the M.I.N.D. Institutc. GenY PHII r rp5, SxgcUrIvE VICE PREIiIDENT lvlr. Phillips starrcd his carccr with a New York based Fbmme 100 company and quickly becamc a Senior Managet building end running a large cusromet service organiz,ation in Nerv York and eventully in thirteen countdes in Europc. He also scrved as a Directot with a Iarge Fortune 500 company and rvas responsible for devclopiog and maintaining ncrv aod existng dients in Euope, Asia, and Australia. He then became Senior Vice prcsident \yith a public entqptise softrvate company. Some of his successes include building an organization &om 2 to 250 peoplc woddwidc; acquiring 5 companies in nvo years; and gtorving a company ftom 800 to 1200 employees. Mr. Phillips rvas part of an executive and rec&iting team rvhce he helped build a start-up enrcrprise software company in San Ftancisco. Hc tcctuited top notch taleng and built a wodd class otganization. The company was cventually sold to a Fortune 500 softwarc company. Mt. Phillips has mainteincd customer relationships in the public secto! private sector, as rvell as mcdrcal, and finrncial instinrtions. He prides himsdf on finding key talcnt and offering dre best customcr servicc to his dients. Mr. Phillips is involvcd in his cornmunity as a soccc{ coach and as an oryanizct of fundraisers for Autism Speaks in Sacramento. Mr. Phillips rcceived his Associate of Science degree, as rvell as completed coumervork at Rochester Institr:te of Technology, NY. Ci$ of\-emol Pagc 8 REGAN WILUAMS, SENIoR VICE PRESIDENT Mt. williams btings 30 years of local government experiencc to Bob Murray & Associates. Most recendy, he worked as a private consultant rvith Deloitte and Touche on vadous putrlic sector assignments. Prior to that, he served as Director of Public Safety with the Gty of Sunnyvale, CA. Mr. Williams was involvcd in the development of some of Sunnyvale,s most innovadve programs and has a national reputation for excellencc in lav eoforcemcnt He has been rcsponsible for numetous recruitments throughout his career. Clients 6nd his insdht and expernse in rccruitrrent and selection a valuable asset. Mr. Williams received his Bachelor of Sciencc Degrcc in Administation of Jusdceftom San Josc State Univemitf. He is also a graduatc of the FBI National Academy. JOEL BRYDEN, YICE PRESIDENT Mr. Brydcn has over 30 yeals of local govemment expedence tlat he brings to the 6rm, having tecendy retired as thc Chicf of Police rn Walnut Cree\ C,t. Throughout his cateer, Mr. Bryden has been involved in public sector consulting. Hc has vast expericncc in hiring and ptomotional proccsses, es well as inten iewing candi&tes for advancement in all aspecs of local goyemmcnt. Mr. Bryden has a solid reputation as a lcadcr in the public scctor, and dients find his ability to Eod and evaluate outstanding applicants invaluable. Mr. Brydeo is a graduate of the FBI National Acaderny and obtained his Bachelor of Arts Degtee io Communicatioo ftom San Diego State Univetsity. FRED FREEMAN, VrcE PRESTDEI.IT Mr. Frceman brngs over 24 years of local govemment expetieocc to Bob Muray & Associates, with 11 years in thc recruiment Ecld. Mr. Fteeman is a retired Chief of Police and bas sered as an elected official in local govemrrrent He has vetted hun&eds of local govetamental of6cials in the pre-employm.ent proc4ss and conducted rccf,uitments for positions in all sectors of public agency employmcnt. In addition to his career in the law cnforcchcnt field, Mr. Frceman served as the Mayor and the Mayor Pro-Tem fot the I-os Alamitos Gty Council. Mr. Frcetnan bas beeo a mcmber of the Public Safety Policy Committee - Califomie League of Citics; the Orange County Fire Authority Board of Directors; a-nd thc Orange Line Development Authority as the Vice-Chair. His unigue petspective and experiencq as both a mcmbet of exccuuve city staff and as an dected oftrcial, provides exccptional tesults fot our diens. Mt. Freeman is a gnduate of the FBI National Acadcmy and teceivcd his Teaching Credential ftom the Univetsity of Califomia Ios Angeles. Cin of \remon Page 9 AMANDA URRUnA-SANDERS, PRINCIPAL CoNSULTANT As a consultant with Bob Mu=ay & Associatcs, Ms. umrtia-sanden is tcsponsibrc for rescarrch, candidate re fercnce checks and backfround verifications. She focuses outreach and cnsurc a successfirl search, closely with clients to coordinate candidate Ms. UmrtiaSandem bdngs scveml ycas one of the mtion's largcst recnritrnent forms. s is a rzluable asset to Bob Muray & Associates. Ms. Urrutia-Sanders rcceived hq Bachclor,s of Arts degtee in Commr.mications ftom the University of ITyoming. AMBER SMnH, SENIoR CoNSI,LTANT As Senior Consultant rvith Bob Munay & Associatcs, Ms. Smith acts as a liaison betveen dients and candi&tes ftom bcginning to end of each recruitmcnt process. She is responsible for thc development ald distribution of position recruitrnent and advettising rruterials, client rescarch, tcference and background- checks, respondirg to rcquests for proposals, and providing a broad mnge of support sewices fot the recuiting team. Ms. Smith bdngs over 5 years of dient-oriented customet service, administtative, and management experience to Bob Murmy & Associates. She .is committed to rvorking as a partn$ with clieats and candi&tes in order to providc a q"ality service and expericnce. Ms. Smid rec f Arts degrce in Busincss Administranon ftom La Sierra Cqlife6; Ros,{ GoMEz, ADMIMSTRATTVE MINAGER Ms. Rosa Gomcz is the Administmtive Managet et Bob Murmy & Associatcs. Ms. Gomez is the 6rst point of contact at Bob Murray & Assoc.iates and has extcnsive administative crperience. Ms. Gomez is known for het personal approach as she rvorks closely with clients and candi&tes alike to ensute a successfirl seatch. As the 6rst point of contact for Bob Murtay & Assochtcs Ms. Gomez's professional approach is of rhe highest calibcr. Cig of \rcmon Page 10 REEERENCES Cliens and endi&tes are the best testemeot m our ability to conduct quality searchcs. Clients fot whom Bob Muray & Associates has tecady conductcd searches are listed below. CZENT-. City of Signal Hill CA PosmoN: Police Chicf, and Deputy Gty Maneger (cr:rrently conducting) REFERENCE Ms. Mary Gilmote, Assistant to the Gty Managet, (562) 989_7304 CTJENI City of Commetce, CA PosmoN: Human Resources Director, Public Vod<s and Development Serices Dircctot, Gty CI€r\ Community Sernices and Safcty Dircctor RBFEEENCB Mt. Jorge Rifa, Gty Administratoq Q?3) 1224805; or Mr, Michad Casalorq Hurnan Resources Directog (3%)722_480s Cr.IE\rr: City of fuard, CAPosnroN: Gty Manager REFg*sNca: Mr. Stephm Fischeq Interim Gty Attomey, (805) 385_7,+83 Cr rr.NT: City of Dinuba, CA PostnoN: City Manager REBnENcE: Ms. Jayne Andetson, Assisant Gty Maoeger (559) 591- s900 Cin'of \retnon Page I I EXHIBIT C SCHEDULE 17 BUDGETAND TIMING PRoFEssroNAL FEE AND ExpENsEs The consulting fee for conductiag the city Admrristrator recnritment on behalf of theCity of Vemon is $17,500 plus e\penses. Services ptovided for in the fee consist of all steps outlinrd in this proposal including three (3) days of mcetings on sitc. The City ofVemon rvill bc responsible for rcimbursing t ,rr." Bob Mwray & Associates incuts on your behalf. We estimate expenses for this ptojcct to bc $6,500. Reimbursabte expenses includc such items as thc cost of recruircr travc! clerical suppott; brochuc developmenq placchent of ads; credit, ctrninal and civil background chccks; education . vetiEcation; _and public tccords searches. postage, pnnting photocopying and telephone chatges are allocated costs and iftLudeJ in th; expense estitnate. Thc proposcd fee is not-to-exceed $24000 for ptofessional serwiccs and expenses. We understand you are seeking the estimated numbet of hours that we would require to prowide out service, the billing tates ofpersons that rvill provide said serices, and any other estimated additional costs; hovever, Bob Murray & Associates docs not bill based on the number of horr.. Our recruircn do Lt spend a minimum ot maximum nurnber of hous on each section of thc recruitnent process. Instead, they spend the amount of time necessary to exceed the expectations of our clients. The most hor:rs are typically speni on candidate oufteach, as this ensures a successful r.ouitrneni mote tLr, ,oy other aspect of the recruitrneot ptocess. Developing the candidarc pro6le, as well -as thc f.itial intervielv process and rei.t ncc checking/nervspaper seatches are othet areas where signiEcant time is spent. CiB- of Vemon Pagc 5 TtrurNc r7c are prepatcd to start vork on this assignment immediately and antic.ipate that rve w l be prepared to make our recomrnendation tegarding finalists within sevcnty five to ninety daysftom the start of the search. Task: Contract Start Date: Initial Nleeting(s): Our 6rm develops reuuitment brochue: City apptoves brochure: Job advertising and candidate soucing: Our 6rm rcviews application packets: Out frrm conducts screening process: City approves candidatcs: City's interriew panel convcnes: Reference/Backgound Checks: Second Interiews by City, if necessary: Offer of Employmcnt: GUAR-aI\rrEE Week ]BD 1 week from cootract start 2 weeks from contnct start 4 rvceks ftom contlzct stalt 8 rveeks from coltract staft 9 rvccks ftom cont:rct start 10 weeks from cofltrrrct start 12 rveeks ftom contmct start 13 weeks from confiact start 14 rveeks from contract start 15 weeks ftom contrrct st .rt 16 weel<s ftom conEact start We guarantee that should a recommended candidate selected for the position be terninated within the 6rst ycat of employment we ryill conduct thc seatch again at no cost (with thc exception of expanses) to the City of Vemon. r07e are confidcnt in out ability to recflrit outstanding candidates and do not expect the City of Vemon to 6nd it necessary to c.xercise this provision of our proposal. CitJ' of \/crrron Page 6 EXHIBIT D LIVING WAGE PROVISIONS Minimum Livino Waoes: 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 benefiti. Paid and Unoaid 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 bf 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 aJtion in superior court against an employer for back pay, treble damages ior willfuiviolaiions, and attorney's fees, or to compel city officials to terminate the service contract of violating employers. '18 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 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 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. 19 REcEt\/ED AUG i 6 2015 CITY CLERKSOFIICE DATE: TO: FROM: Originator: RE: STAFF REPORT CITY ADMINISTRATION September l, 2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator Teresa McAllister, Human Resources Director Approval of a Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(BXl) and Repealing All Resolutions in Conflict Therewith Recommendations A. Find that approval of the attached resolution in this staff report is exempt from Califomia 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 etfect on the environment, this action would be exempt Iiom CEQA review pursuant to CEQA Guidelines Section 15061(bX3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution amending and restating the Citywide Fringe Benetits and Salary Resolution, etTective September 1,2015, to retlect the following provisions: I ) Amend Exhibit A, Classif-rcation and Compensation Plan, as lbllows: a) Revise or add the following job classifications with the corresponding salary ranges:. Add Senior Electrical Test Technician Job Code 8053 (ll I - $7962 - $9,677 - IBEW Group). Title change and update job description ofSubstation Test Technician Job Code 8055 to Electrical Test Technician b) Correct hourly salary of Assistant Fire Marshal to $41.6596 - $50.6423 per hour for forty (40) hour work schedule. 2) Reclassity one ( I ) incumbent in the Substation Test Technician position to Senior Electrical Test Technician, and place at Grade 131, Step 3 at $8,778 per month. Page I of4 3) Retitle one (l) incumbent in the Substation Test Technician position to Electrical Test Technician. 4) Amend Section 7, Sick Leave, to exclude retired annuitants fiom part-time sick leave accruals. 5) Amend Section 18, Retiree Medical Non-Safety Employees - to read non- payment of n1,o (2) consecutive montls shall automatically terminate and cease the City's obligation to make further payments under the retiree medical benefits program. New and Revised Classifications The City and the Intemational Brotherhood of Electrical Workers Local 47 (''IBEW') concluded labor negotiations on June 18,2014, regarding wages, benefits and working conditions ibr the 2014-2016 Memorandum of Understanding (''MOU"). On July 15, 20'14, City Council adopted Resolution No. 2014-45 approving the MOU by and between the City of Vemon and IBEW for the period ofJuly 1,2014 through June 30, 2016. As a product of the 2014-2016 negotiations, the City and IBEW agreed to a reopener no later than April l, 2015 regarding the classification and compensation study of the Substation Technician classifi cation. Members of city statT and representatives of IBEW met and conferred, and reached agreement on the proposed classifications, subject to the approval ofthe City Council. This report recommends City Council approval of the addition of Senior Electrical Test Technician job classification and a title change and updated job description fiom Substation Test Technician to Electncal Test Technician. In addition, Staff conducted a survey of the new Senior Electrical Test Technician classitication tiom the twelve local jurisdictions approved by City Council that were considered comparable to the City of Vemon. The salary survey was conducted in compliance with the City of Vemon Personnel Policy II-3, Salary Plan Administration, adopted by City Council on September 17, 2013 and subsequently revised on June 28, 20[5. Consistent with the City's compensation plan, the recommended salary range tbr the new position is based upon the 75'h percentile of the comparable labor market and is intemally aligned with similarly situated job families. The attached resolution amends Exhibit A of the Citylvide Fringe Benefit and Salary Resolution to add/revise the lbllowing classifications and corresponding salary range as a result of the survey analysis: Classification Job Code Exempt FLSA Salary Grade Monthly Salary Senior Electncal Test Technician (new) 8053 NE I3l $7,962 - $9,677 Electrical Test Technician (title change from Substation Test Technician) Page 2 of4 Consequently, it is also recommended that effective September 6, 2015, one (l) incumbent in the position of Substation Technician be reclassified to Senior Electrical Test Technician, and placed at Salary Grade [31, Step 3 - $8,778 per month, and one (1) Substation Test Technician incumbent be retitled to Electrical Test Technician. \ ions A correction is necessary to the hourly salary steps of the Assistant Fire Marshal which should read as follows: Srep I - 541.6596 per hour Step 2- S43.7423 per hour Step 3 - $45.9346 per hour Step 4 - $48.2308 per hour Step 5 - $50.6423 per hour The revision is based upon a 2080 hour work schedule opposed to 2912 tbr Fire platoon personnel. Frinee Benefits Section 7 - Sick Leave The new Paid Sick Leave law enacted by AB I 522, Healthy Workplaces, Healthy Families Act of 2014, went into effect July l, 2015. The new law entitled all part-time and temporary employees to accrue up to three (3) paid sick days in a l2-month period for the diagrosis, care, or treatment of an existing health condition or preventative care fbr an employee or an employee's family member. On June 16, 2015, City Council adopted the new provisions and updated the current sick leave policies and practices to ensure compliance with the Paid Sick Leave Law. As such, the Paid Sick Leave Law had applied to most any employee, including temporary, extra help, part-time and seasonal employees who work J0 or more days within a year f-rom when employment commences. However, on July 13, 2015, Govemor Brown signed Assembly Bilt (AB) 304, Chapter 67 of the Statues of 2015, which revised the definition of employee which was defined in AB 1522 and now excludes retired annuitants from being eligible for sick leave. This statf reports recommends City Council approval to update Fringe Benetits Section 7 - Sick leave to exclude retired annuitants from being eligible fbr sick leave in accordance to AB304 which revised the definition of employee. Frinse Benefits Section lE - Retiree Medical - The Retiree Medical policy states that should a retired employee fail to pay any premiums due tbr the cost ofthe insurance premium under the City's medical and dental insurance program tbr any three (3) consecutive months, or should the coverage otherwise lapse lbr any reason other than City's non-payment, then the City's obligation to make further payment under the retiree Page 3 of4 medical benefits program shall automatically terminate and cease, without the need for further notice. In accordance with the City's medical and dental plan policies, should a retired employee fail to pay any premiums due for the cost of their insurance premiums under the retiree medical and dental insurance program, the City is limited to a two (2) month retroactive credit against the monthly billed invoice. This staff report recommends City Council approval to amend the City's obligation to automatically terminate and cease further payments under the retiree medical and dental benefits from tfuee (3) consecutive months of non-payment to two (2) consecutive months of non- payment. This amendment will allow the City to fully recuperate their cost for the two (2) consecutive months of premiums not paid by the retiree. Fiscal Impact The approximate cost to reclassify one incumbent in the Substation Test Technician position for the remainder of this fiscal year is approximately $11,260 and can be absorbed within the Gas and Electric Department's current budget. Attachment(s) l. Resolution Adopting an Amended and Restated Citylvide Fringe Benefits and Salary Resolution 2. Senior Electrical Test Technician Job Description 3. Electrical Test Technician Job Description Page 4 of4 RESOI,UTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AN AMENDED AND RESTATED CTTYWIDE FRTNGE BENEFITS AND SAI,ARY RESOLUTION IN ACCORDANCE WITH GOVERNMENT CODE SECTION 20636(b) (1) AND REPEALING ALL RESOLUTTONS IN CONFLICT THEREWfTH WHEREAS, on June ]-5, 20]-5, the City Council of t.he Cit.y of Vernon adopt.ed Resofution No. 2015-38, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution Eo (i) revise or add the foll-owing job classifications wit.h t.he corresponding sa1ary ranges: add Assist.ant Fire Marsha1l, add Industriaf Development Director, change the salary grade for Utilities Customer Service Supervisor, add Police Community Services Officer, add Administrative Fire Batt.alion Chief classification (ii) add the following unfunded job class i ficat.ions \4,ith t.he corresponding sa1ary ranges to the citywide cfassification and compensation plan for future career development paths within job series: add Building Inspector, add Senior Electricaf fnspector, add Senior plumbing and Mechanical Inspector; correct Step 4 for Pol-ice Dispatcher Lead to $5,388 per month and add Administ.rative Fire Capt.ain hourly salary (iii) amend Section 7 to include part-lime and temporary sick l-eave accruals (iv) amend Section 11 to add Industrial Development Director and Administrative Fire Battal-ion Chief to Automobile Allowance and Reimbursement for Expenses and (v) implement the changes set. fort.h in the various Memoranda of Understanding between the City of Vernon and the respective employee organizations; and WHEREAS, by memorandum dated September A, 20f5, the City Administrator, in conference with the Director of Human Resources, has recommended the adoption of an amended and restated Citywide Fringe Benefits and Salary ResoLutj-on to (i) amend Exhibit A t.o add the job classification with the corresponding sa]ary range for the position of Senior Electricaf Test Technician and revise the title and job description of Substation Test Technician (ii) correct the hourly sa1ary of the Assistant Fire Marshal (iii) reclassify one incumbent in the substat.ion Test rechnician to the senior Efectrical- Test rechnician (iv) retitle one incumbent in the substation Test rechnician position to E1ect.rical, Test Techalcian (v) Amend Section 7, Sick Leave, to exclude ret.ired annuitants from part-time sick Leave accruals and (vi) Amend Section 18, Retiree Medical - Non-Safety Employees - to read non-palment of tr^ro consecutive months shafl automaEically terminate and cease Ehe city's obrigation to make further payments under the retiree medical- benef it.s program; and restated which is WHEREAS, the City Council desires to adopt an amended and Cityvride Fringe Benefits and Safary Resolution, a copy of at.tached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the Cit.y of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2:The City Council of the City of Vernon finds that this action is exempt from Cal-ifornia Envj.ronmental eual-ity Act ("CEQA" ) review. because it is a general- policy and procedure making activity that will nots result in d.irect or ind.irect physical changes in the environment, and therefore does not constitute a .'project.,, as defined by CEQA Guidel_ines section 15378. Furthermore, even if it were a project, because such acEivity will not have any effect on the environment, this action would be exempt from cEeA review pursuant to 2 CEQA Guidelines Section 1505L(b) (3), t.he generaf rule that CEOA onl-y applies to projects that may have a significant effect on the environment.. SECTTON 3 : Ef f ective Septernber 1,, 20:-5 , the Cit.y Counc j_I of the City of Vernon hereby approves the amended and resE.at.ed Citywide Fringe Benefits and Sa1ary Resolut.ion, a copy of which is attached hereto as Exhibit A. SECTION 4: All resolutions or parts of resolutions, specifically Resolution No. 2015-38, not consistent with or in conflict with this resolution are hereby repealed. SECTION 5: The City Cl-erk, or Deputy City C1erk, of the City of Vernon shalI certify Eo the passage, approval and adoplion of t.his resolution, and the City Cl-erk, or Deputy City C1erk, of the City of Vernon shal-l- cause this resol-ution and the City Clerk,s, or Deputy City Clerk's, certification to be entered in the File of Resolut.ions of the Council of this City. APPROVED AND ADOPTED this 1sr day of Septernicer, 2015. Name : Titl-e: lf.ayor / Mayor Pro-Tem ATTEST: City CLerk / Deputy City Clerk APPROVED AS TO y City Attorneyzal},r]a}r Mous sa, 3 STATE OF CAIIFORNIA )) ss COUNTY OF LOS ANGELES ) I,, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopt.ed by the City Council of the City of Vernon at a reg.ular meeting of the City Council duly held on Tuesday, Septemlcer l, 20L5, and tshereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of Septernber, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 4 EXHIBIT A Gity of Vernon FRINGE BENEFITS AND SALARY RESOLUTION Effective September 1, 2015 TABLE OF CONTENTS FRINGE BENEFITS AND SALARY RESOLUTION PARTl-FRINGEBENEFITS lntroduction: Section 1 : Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section 9: Section 1 0: Section 1 1: Section 12: Section 1 3: Section 1 4: Section '1 5: Section 16: Section 1 7: Section 1 8: Section 1 9: Section 20: Section 21: Section 22. PART II - CLASSIFICATION AND COMPENSATION Section 1 . Section 2. Section 3. EXHIBIT A - CLASSIFICATION AND COMPENSATION PLAN,....................,...........40 2 PART 1 FRINGE BENEFITS -) INTRODUCTION The Fringe Benefit and Salary Resolution shall apply to all employees and officers of the City of Vernon. Exceptions, additions, and/or limitations to this basic policy may be found in respective Memoranda of Understanding or employment contracts. The existence of these policies shall not create or imply any employment conlract or vested right of employees. For those employees covered in respective memoranda of understanding (MOU), the provisions set forth in the applicable MOU shall prevail in the event that there is any conflict between provisions established in this Resolution and any provisions established in the respective MOU. The provisions set forth in this Resolution or as amended from time to time shall be effective upon City Council adoption, unless a specific effective date is stated therein. PARTl-FRINGEBENEFITS Section 1. HOLIDAYS A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated herein by reference. Municipal offices shall be closed on such holidays. B. The dates for observation of holidays shall be approved by the City Council. C. lf an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as an authorized holiday to employees. D. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus his/her regular hourly rate including any applicable overtime pay for the actual hours he/she was required to work on the authorized holiday. E. Temporary and part{ime employees are not eligible for paid holidays. G. All full-time employees may use vacation time or compensatory time for a religious holiday (not listed herein as an authorized holiday) with the prior approval of the department head. lf there is insufficient accumulated time, the employee may request the time as unpaid leave of absence. 4 TABLE 1 - HOLIDAY HOLIOAY January 1"1 - New Year's Dav 3'd Monday in January - Martin Luther Kinq Jr. Day 3rd Monday in February - Presidents Dav March 31'L - Cesar Chavez Dav The Last Monday in May - Memorial Day Julv 4rh - lndeoendence Dav The 1't Mondav in September - Labor Dav The 2d Monday in October - Columbus Dav November 11th - Veterans Dav The 4'h Thursdav in November - Thanksqivinq Dav December 24th - Christmas Eve December 25th - Christmas Dav December 31't - New Year's Eve And other davs as such desionated bv City Council. 5 B. c. Section 2. ADMINISTRATIVE LEAVE A. Executive and Management - lncludes City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors shall receive, effective January 1 of each calendar year, 80 hours of Administrative leave. The 80 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. Executive and Management staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on or Between Administrative Leave Januaryl-March31 80 hours April '1 - June 30 60 hours Julvl-Sept.30 40 hours Octl-Dec.31 20 hours F. Mid-Management - Staff who are designated as exempt in accordance with the Fair Labor Standards Act shall receive, effective January 1 of each calendar year, 60 hours of Administrative leave The 60 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on or Between Administrative Leave Januaryl-March31 60 hours April '1 - June 30 45 hours Julyl-Sept.30 30 hours Oct '1 - Dec. 31 '1 5 hours G. All Administrative leave requests should be approved by the department head or City Administrator at least ten days in advance of the date to be taken, although D. E. 6 the department head retains discretion to approve the use of Administrative Leave in special circumstances. H. The City Administrator or his/her designee may grant additional administrative leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. 7 Section 3. OVERTIME A. lt shall be the duty of all department heads to operate their respective departments with a minimum amount of overtime. lf the best interests of the City require that an employee work beyond the forty (40) hours of work scheduled, such employee shall be compensated as set forth hereinafter. B. The department head may reschedule the workweek of employees in positlons not exempt from the FLSA to allow credit for productive hours actually worked on one day (excluding lunch periods) towards the regular paid workweek schedule. For example, if an employee works twelve (12) hours on one day (based on a ten (10) hour day), the entire twelve hours will be recorded on the time card as paid worked time. ln this example, the department may schedule the employee to work only eight (8) hours on one of the other scheduled workdays in the workweek, as long as the employee's hours for the workweek do not fall below the minimum paid work hours schedule. C. AII overtime requests must have prior written authorization of the respective department head or designee prior to the commencement of such overtime work. Where prior written authorization is not feasible, expllcit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. D. Except as may be provided in specific memoranda of understanding, employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury duty leave, and bereavement leave shall counl as time worked for the purposes of computing overtime. Unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. F.ln the event a parttime or temporary employee is required to work beyond his/her assigned working hours, compensation shall be at the normal hourly rate up to forty (40) hours per workweek. For hours worked beyond forty (40) in a workweek, such employee shall be compensated at the rate of one and one-half of (1 .5) said employee's hourly rate. lf an employee works on his/her regular day off, the employee will receive paid compensation or receive compensatory time, at the employee's discretion. With a mutual agreement between an employee and his/her supervisor, an employee's regular day off may be rescheduled to another day off in the same pay period. An employee is expected to begin work no more than five (5) minutes prior to the beginning of his or her scheduled start time, and to stop work no later than five t. G. J. K. (5) minutes after the end of his or her scheduled ending time. An employee who wishes to begin or end work at a different time must obtain written approval from his or her department head prior to working the different or additional time. Straight time and overtime will be compensated in six (6) minute segments of time. While overtime should be attempted to be distributed equally amongst all employees in a given classification, the department head retains discretion to assign such overtime. The City Administrator, department heads and those managemenl employees designated by the City Administrator as exempt under the provisions of the Fair Labor Standards Act (FLSA) shall not be subject to the provisions of this section relating to overtime, but shall work such hours as may be necessary for the effective operation of their respective departments. Please refer to Human Resources Policy, Salary Plan Administration ll-3M, 9 Section 4. COMPENSATORY TIME A. All regular full-time employees may request to accrue compensatory time in lieu of cash payment for overtime worked. The total compensatory time accrued is calculated by multiplying the number of hours of overtime worked by the applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the department head. B. Compensatory time may be accumulated up to a maximum of sixty (60) hours. lt is at the employee's option whether to receive overtime compensation or compensatory time accruals up to the 60-hour limit. C. Compensatory time shall be taken in 1S-minute increments. Scheduling of compensatory time requires prior approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. D. Employees who have reached the 60-hour limit shall receive overtime compensation. There are no cash payouts of compensatory time once an employee has elected compensatory accrual. l0 Section 5. COURT TIME A. The required presence in a court of law of any employee subpoenaed to testify in a matter arising within the course and scope of his/her City employment shall be compensated in accordance with the below provisions. B. For each day that the presence of the employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City, the employee shall be given a paid leave of absence. C. For each day an employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City that is outside of the employee's regularly scheduled work shift, the employee shall be given a paid leave of absence. D. An employee who needs to appear in court on any other matter not arising out of the course and scope of employment with the City shall be expected to use their accrued paid leave to make such appearance, or unpaid leave if no leave is available. l1 Section 6. VACATION A. Except as provided for in respective memoranda of understanding, every full time employee who has been in the continuous employment of the City shall receive annual vacation leave as set forth in below: Mid-Management and Confidential Staff: Continuous Years of Service Vacation Hours Earned l"tyear thru 4th year Sth year thru 9th year 1Oth year thru 14th year 1 Sth year thru 24Lh year 25rh year and more 1sl year thru 4th year Sth year thru 1Oth year 1Oth year thru 1 Sth year 1 5th year thru 25th year 25th year and more 80 100 120 160 190 Bi-Weeklv Accrual 3.08 3.85 4.62 6.16 7.31 Bi-Weeklv Accrual 4.62 5.77 6.54 7.12 7.31 Executive and Management Staff: lnclude the City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors. Continuous Years of Service Vacation Hours Earned 't20 150 170 185 190 B. c. Mid-Management and Confidential staff shall be allowed to accumulate and carry over to the next calendar year a maximum number of hours equal to the number of hours the employee accrued during the immediately preceding year. ln or about January of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced herein. Executive and Management staff shall be allowed to accumulate up to a maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum accrual cap, the employee shall stop accruing vacation leave benefit until such time he/she brings the vacation accrual below the 480-hour maximum accrual. Vacation leave shall be scheduled with the approval of the City Administrator or department head or his or her designee by submitting a Leave Request Form in D. t2 writing, within ten (1 0) business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. E. Vacations shall be approved subject to the needs of the department. The employee's seniority and wishes will be factors that are considered during the scheduling process. F. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. G. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence. H. Vacation may be taken prior to the completion of the employee's probationary period under special circumstances and with the approval of the department head. l. ln the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. J. Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken. K. Vacation leave shall be requested in fifteen (15) minute increments. L. The department head retains discretion to cancel previously authorized vacation in the case of an emergency. M. The City Administrator or his /her designee may grant additional leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. l3 C. D. Section 7. SICK LEAVE A. All full{ime employees shall accrue up to B0 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. B. ln accordance with the Healthy Workplaces, Healthy Families Acl of 2014, beginning July 1, 2015, all part{ime and temporary employees (excludinq CaIPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. F. Employees shall only receive sick leave accrual while they are in a paid status. The City shall allow annual carry-over of sick leave hours for full{ime employees up to a maximum accrual cap of 960 hours and 48 hours for eligible parttime/ temporary employees. This bank of carry-over sick leave would provide a cushion for long{erm illnesses and injuries. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part{ime will be compensated for at the end of the calendar year al 50% of the employee's hourly rate. Temporary employees are not eligible for cash-out of accrued sick leave hours. All employees who are rehired with a break in service of less than one year are entitled to have previously unpaid accrued and unused paid sick days reinstated. Sick leave shall be allowed on account of actual illness, for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee's family member (including to care for a parent-in-law, grandparent, grandchild, or a sibling, in addition to child, parent, spouse or registered domestic partner). Sick leave shall also be allowed for an employee for certain purposes related to being a victim of domestic violence, sexual assault, or stalking. Preventive health care shall include medical and dental appointments (if such appointments cannot be arranged other than during working hours) and injury not arising out of and in the course of employment. Sick leave shall be used in increments of fifteen ( 1 5) minutes and shall not be taken in excess of time earned at the time it is taken. Foreseeable sick leave requires advance notification, while unforeseeable sick leave requires notice as soon as practicable. lf sick leave on account of any of the above illnesses exceeds two (2) consecutive working days, the employee, prior to return to work, shall submit a statement of such disability illness or inlury from the employee or family membe/s physician. The statement shall certify the physical condition of the employee/employee's family member that prevented the t. E. G. H. t4 J. employee from performing the duties of said employee's position during the period of absence. The department head or designee, in accordance with departmental procedure, shall approve all sick leaves. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse. Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary action. Abuse of sick leave includes, but is not limited to, not adhering to sick leave policies, using sick leave for purposes not enumerated in this policy, and falsifying or misstating facts when using sick leave. A pattern of sick leave usage on Mondays, Thursdays, and immediately before and after holidays and/or vacations may be evidence of sick leave abuse. A violation of this policy will result in corrective action including counseling and/or disciplinary action, and/or a mandatory referral to the City's Employee Assistance Program. This determination of abuse does not apply to an employee's use of sick leave under an approved family, medical, and/or pregnancy disability leave in accordance with state and federal laws. lf in the opinion of the department head it appears that an employee may be establishing a pattern of abuse of sick leave or frequent or excessive absences, a statement establishing the need for sick leave from the employee's physician may be required as a condition of approved sick leave. Employees may use accrued compensatory or vacation leave for extended sick leave absence because of a prolonged and continuing illness and/or medical treatment after sick leave has been exhausted. Employees are required to use accumulated sick leave concurrently with absences on account of a work related injury arising out of and in the course of his/her employment- ln cases where the injury suffered is covered by Workers Compensation lnsurance, accumulated sick leave must be used concurrently to make up the difference between Workers Compensation lnsurance allowance and full base pay. Please refer to Personnel Policy, Family and Medical leave Policy. lf an employee resigns from the City with 20 years or more of continuous service, heishe will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. lf an employee retires from the City with '15 or more years of continuous service, but fewer than 20 years, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. lf an employee retires from the City with 20 or more years of continuous service, he/she will be compensated for all unused sick K, M. N. o. l5 leave hours in his/her sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. P. lf a temporary employees resigns or the temporary assignment has ended, he/she shall not be eligible for compensation of unused sick leave hours in his/her sick leave bank at the time of separation. t6 Section 8. FAMILY SICK LEAVE (KlN CARE) ln any calendar year, employees may use the employee's accrued and available sick leave entltlement, in an amount not more than the sick leave that would be accrued during six months at the employee's then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother or father of, the employee living within the same household. ln the case of joint custody of a child, illness of the child occurring at the other custodial parent's house may also qualify. The department head shall approve all family sick leaves and a statement establishing the need for sick leave from a physician may be required as a condition of payment while on such leave. t7 Section 9: BEREAVEMENT LEAVE A. Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any "immediate family member" as defined below, including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary. Relative All Regular Employees Spouse 4 work days chitd 4 work davs Registered Domestic Partner 4 work days Step-Child 4 work days Parent 4 work davs Step-Parent 4 work davs Mother-in-law 4 work days Father-in-law 4 work days Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days G ra nd pa re nt- in-law 4 work days Brother 4 work davs Sister 4 work davs Step-Sister 4 work days Step-Brother 4 work davs Dauqhter-in-law 4 work davs Son-in-law 4 work days Brother-in-law*4 work davs Sister-in-law*4 work davs Brother-inlaw and sister-in-law are defined as the spouse of the employee's sibling or the sibling of the employee's spouse. Bereavement leave is paid over a maximum of seven (7) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. lf the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. Bereavement leave must be authorized by the Department head and must be utilized within fifteen (15) days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department head shall be made within 15 days of the employee learning of the B. c. l8 death or of the date of foreseen imminent death and shall not be unreasonably denied. D. Representatives may be selected by the Department head to attend with pay the funeral of a co-worker in said department on behalf of the City if the funeral of the deceased co-worker occurs during working hours; provided the funeral is held within a reasonable distance of City limits. l9 A. B. (-. Section 10: JURY DUTY All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty Pay" and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than '14 calendar days before the expected start date of the jury duty. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearingin court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee's regular day off shall not be compensated by the City and the employee shall be entitled only to the jury's compensation for duty performed on such employee's regular day off. Employees assigned to jury duty on a City authorized holiday will be considered to have laken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR EXPENSES Any employee who is required to use said employee's personal automobile in the course of employment with the City shall be reimbursed for each mile actually traveled on official business in accordance with the per mile reimbursement rate allowed by the lnternal Revenue Service in effect at the time of such travel. Any employee who is required to travel in the performance of his or her duties or to attend an authorized meeting or conference which is of benefit to the City shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging and incidentals. Automobile allowance and reimbursement for expenses shall be recommended by the departmenl head or designee and approved by the City Administrator pursuant to the provisions of the City of Vernon Travel and Meeting Expense Reimbursement Administrative Policy. No allowance shall be made for transportation between the employee's home and the place where such person is normally employed by the City. Certain employees serving in specified classifications shall receive a monthly automobile allowance a s set forth b e lo w and incorporated herein by reference; alternatively, specified employees may opt to receive use of a City- owned vehicle and fuel. Classification Amount City Administrator $600.00 or City Vehicle City Attorney $400.00 Finance Director $400.00 Fire Chief City Vehicle & Fuel Assistant Fire Chief City Vehicle & Fuel Fire Marshal City Vehicle & Fuel Administrative Fire Battalion Chief City Vehicle & Fuel Administrative Fire Captain City Vehicle & Fuel Fire Training Captain City Vehicle & Fuel Gas & Electric Director $400.00. lndustrial Development Director $400.00 B. c. 21 Utility Operations Manager City Vehicle & Fuel Police Chief City Vehicle & Fuel Health Director $400.00 Police Admin. Lieutenant City Vehicle & Fuel Police Canine Officer #1 City Vehicle & Fuel Police Canine Officer #2 City Vehicle & Fuel Police Captain City Vehicle & Fuel Police Lieutenant City Vehicle & Fuel Police Motor Officer #1 Clty Vehicle & Fuel Police Motor Officer #2 City Vehicle & Fuel Public Works, Water & Development Services Directo $400.00 D. Wherever an automobile allowance is made to any employee for the use of their personal automobile, such allowance shall not be payable whenever the employee is on vacation, leave of absence, or otheruvise absent the entire calendar month, unless otherwise specified by the City Administrator. E. The City shall not be responsible for repairs or any additional costs for upkeep, fuel, lubrication, replacement in whole or in part, or other expenses in connection with any such vehicle beyond the respective amounts set forth above. *Fringe beneJits for the Director of Gas and Elecn'ic classificqlion harc historically included and currently itrclude use of a City-owned whicle and fuel. Accordingll,, lhe currenl Director ol Gos and Electic na), conlinue to use o Ci4-ovued rchicle and .fitel inJieu of recei,ittg the 5100 nonthll' aulonobile alloi,ance. Once the current City- otuted vehicle is due for replacement or lhe atrenl incumbenl leates the posilion, \ehichever occurs Jirsl, lhe Director ofGas and Electric classification v,ill recei'e the $100 nronlhly automobile allo*,ance 22 Section 12: HEALTH INSURANCE A. The City offers various medical plans to employees under a Section 125 Cafeteria plan (non-cash out). The City reserves the right to select, administer, or fund any fringe benefit program involving insurance that now exist or may exist in the future. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. B. The City shall contribute for each full{ime employee up to the maximum amounts as set forth below per pay period, toward the cost of his/her medical plan as outlined in Subsection A through C below. ln the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. a. For employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City shall pay up to $1,050 per month of the cost of the plan for employees and their eligible dependents (spouse, registered domestic partners and qualified dependents) The cost of any plan selected by the employee that exceeds $1,050 shall be paid by the employee through a pre-tax payroll deduction. b. Effective January 1, 2015, employees enrolled in either the HMO or PPO (Non-HSA) medical plans, the City shall increase the amount by $70.00 and pay up to $1120.00 toward the monthly medical allowance. c. For Employees enrolled in the PPO/HSA plan, the City shall pay up to $800 per month of the monthly cost of the plan for employees and their eligible dependents (spouse, registered domestlc partners and qualified dependents). ln addition, for each employee enrolled in a PPOiHSA plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January and $500 each in March, June, and September. The cost of any PPO/HSA plan selected by the employee that exceeds $800 shall be paid by the employee through a pre-tax payroll deduction. d. Effective January 1,2015, employees enrolled in the PPO/HSA medical plan, the City shall increase the amount by $70 and pay up to $870 toward the monthly cost of the plan for employees and their eligible dependents. C. D. City Council members are entitled to the same medical benefits offered to the management and confidential employees. The City shall not pay or reimburse any medical-related health, vision, or dental costs nol covered by the City's insurance program or Medicare for City Council members or their eligible dependents or spouses. The City shall not provide or reimburse the City Council members or their dependents or spouses for expenses incurred relating to a PERS long{erm health care benefit. 24 Section 13: DENTAL INSURANCE The City of Vernon provides a dental insurance plan to fulltime employees. ln the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents (spouse, registered domestic partners and qualified dependents). The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre{ax payroll deduction. 25 Section 14: VISION INSURANCE The City of Vernon provides a vision care plan to full-time employees. The City shall pay 100% of the cost of such a plan for employees only. Employees shall have the option of purchasing vision care for their dependents at a cost of 96.95 for one dependent or $13.95 for two or more dependents. ln the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. 76 Section 15: LIFE INSURANCE The City provides a $20,000 life insurance plan to full-time employees. The City shall pay 10oo/o of the cost of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. ln the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. 27 Section 16: DEFERRED COMPENSATION PLAN Employees are eligible to participate in the City's Deferred Compensation Program. 28 Section 17: CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) CONTRIBUTION MISCELLANEOUS EMPLOYEES A. The City shall maintain its contract with the Califomia Employees Public Retirement System (PERS) that provides full-time employees hired before January 1, 2013 with 2.7o/o at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CaIPERS members hired on or after January 1,2013 who meet the definition of new member under PEPM, shall be provided a 2.0% at 62 PERS retirement benefit plan. B. Employees shall be responsible for paying 100% of their PERS employee's contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CaIPERS as follows: a. Gov't Code Section: 2OO42 - (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPM shall receive 3 Year Averaqe Final Compensation b. Gov't Code Section: 21024 - Military Service Credit as Public Service c. Gov't Code Section: 21624,21626,21628 - Post Retirement Survivor Allowance d. Gov't Code Section: 21548 - Pre-Retirement Option 2W Death Benefit d. Gov't Code Section: 21573 - Third Level of 1959 Survivor Benefits D. The payment to CaIPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the lnternal Revenue Code. 29 SAFETY EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time safety employees hired before January 1, 2013 with 3.0% at 50 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CaIPERS safety members hired on or after January 1,2013 who meet the definition of new member under PEPRA, shall be provided a 2.7Yo al 57 PERS retirement benefit plan. B. Employees shall be responsible for paying their PERS nine percent (9%) employee's contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CaIPERS as follows: a. Gov't Code Section: 20042 - (Classic Members Only) One Year Final Compensation New employees hired on or after January 1,2013 who meet the definition of new member under PEPM shall receive 3 Year Averaoe Final Comoensation b. Gov't Code Section: 20124 - Military Service Credit as Public Service c. Gov't Code 21574 - 4h Level 1959 Survivor Benefit (Fire members only) d. Gov't Code Section: 2'1571 - Basic Level of 1959 Survivor Benefit (Police members only) e. Gov't Code Section: 21624,21626,21628 - Post Retirement Survivor Allowance f. Gov't Code Section: 21548 - Pre-Retirement Option 2W Death Benefit (Fire members only) S. Gov't Code Section 20965 - Credit for Unused Sick Leave D. The payment to CaIPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the lnternal Revenue Code. 30 E. Section 18: RETIREE MEDICAL - NON-SAFEW EMPLOYEES A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time employees designated as Executive, Management, Mid-Management and Confidential who retire at age 60 or later with at least twenty(20) years of continuous uninterrupted service. B. Retired employees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent. C. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). D. All f ull-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance. F. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. Should the retired employee fail to pay any premiums due for the cost of the insurance premium for the City's medical-dental insurance program for any hryeh+ee (23) consecutive months, or should the coverage otherwise lapse for any reason other than City's non-payment, then the City's obligation to make further payment under the retiree medical benefits program shall automatically terminate and cease, without the need for further notice. The City's obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee- The offer of the retiree medical benefits is not a vested right for future years. City Council members are entitled to the same retiree medical benefits offered to all L b. H. J. 3l fulltime regular employees as identified under the citywide resolution for retiree medical benefits in effect at the time Council members retire. 32 Section 19: LONGEVITY PROGRAM A, LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE JUNE 30, 1994. The City has established a longevity program for all employees. The longevity program described herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or before June 30, 1994. a. Five (5) Years of Service. All eligible employees who have five (5) years of consecutive uninterrupted service on or before July 'l , 1986, shall receive an additional five percent (5%) per month of their base salary effective July 1, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. b. Ten (10) Years of Service. All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, '1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching thelr 1Oth anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. c. Fifteen (15) Years of Service. All eligible employees who have fifteen ( 1 5) years of consecutive uninterrupted service on or before July 1 , 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafler until reaching the next step. Employees upon reaching their 1sth anniversary date after July 1 , 1 988, shall be entitled to said fifteen percent (1 5%) per month upon said anniversary date. d. Twentv (20) Years of Service. All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1 , 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (2oo/o) per month upon said anniversary date. e. Thirtv (30) Years of Service - Fire - Sworn All eligible fire employees who have been appointed to a position ranking above Captain and who have thirty (30) years of consecutive uninterrupted service on or before July 1 , 1991 , shall receive an additional twenty-five percent (25%) of their base salary per month effective July 1, 1991, and every year thereafter. Employees in 33 said position upon reaching their 30th anniversary date after July 1 , 1991 , shall be entitled to said twenty-five percent (25o/o) per month upon said anniversary date. f. Compensation Not Cumulative. Payment of the aforesaid longevity compensation shall not be cumulative and only the highest applicable longevity pay shall be paid. B. LONGEVITY PROGRAM FOR EMPLOYEES ON OR AFTER JULY 1 1994 AND ON OR BEFORE DECEMBER 31,20'13, The longevity program described in Section B herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or after July 1, 1994. a, Five (5) Years of Service. All eligible employees who are employed on or after July 1, 1994 and on or before December 31 , 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their Sth anniversary date shall be entitled to receive said five percent (5%) per month upon sald anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1 , 1994 and on or before December 31 , 2013. 3+ Section 20: BILINGUAL PAY A program is hereby established for all employees whose regular and essential job duties as described in their job description provide for interaction with the public on a regular basis, allowing said employee to be compensated for bilingual skills after the employee demonstrates proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested, if necessary), which proficiency would be determined by successful completion of a proficiency test administered by the Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for bilingual pay. 35 Section 21: UNIFORM ALLOWANCE A. lf an employee's job classification requires himiher to wear a uniform while on duty, as designated by the City or employee's Department, the City will provide and launder such uniform. B. For the Administrative Secretary and Police Records Manager that works in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee's uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies. C. The monetary value of uniforms shall be reported to CaIPERS in accordance with CCR 571(a) and as defined by GC 7522.0a$) 36 Section 22: STAND-BY POLICY The purpose of the stand-by Policy is to have employees on stand-by to respond to majoi incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City's technology systems. A. lt is presently anticipated that the need for stand-by is for one (1) lnformation Technology staff, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head. B. The Stand-by Policy does not apply to FLSA exempt managers and Executive staff. C. Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a City issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within one (1) hour of being called upon. The department head or designee will determine if an employee is qualified to perform stand-by duties. The stand by duty period shall be defined by the Department Head. D. Employees on "stand-by" shall receive two (2) hours of regular straight time compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours worked for purposes of overtime calculation as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four (4) hours of straight time compensation. E. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action, unless the employee provides sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can be made for stand-by coverage. F. When an employee on "stand-by" is called back to the City, he/she shall be entitled to "stand-by" pay. Call back duty does not occur when an employee is held over from his/her prior shift, or is working planned overtime. An employee called back to duty shall be paid a minimum of four (4) hours of pay at the applicable overtime rate. Time begins when the call back request is received and ends when the employee returns home. lf work is performed remotely, the employee shall receive hour for hour compensation at the applicable overtime rate. 37 G. The employee will at times remain able to immediately respond to any emergencies. H. Each employee on stand-by duty is accountable to all of the rules and regulations of the City. t. ln the event of a call back, the employee will wear his/her City uniform, if applicable. Jtl PART II CLASSIFICATION AND COMPENSATION PLAN 39 Section 1. PURPOSE Exhibit A to this resolution is enacted pursuant to the City of Vernon City Charter to provide for the classification and compensation of City officers and employees, and to conform to the principle of equal pay for equal work. Officers and employees of the City of Vernon shall receive compensation and costs in accordance with the amounts set forth in the attached compensation plan. Section 2. THE COMPENSATION PLAN The basic compensation plan for the various employee units, groups and non- classified employees, as of the date of adoption of this plan is hereby established as set forth in Exhibit A, Citywide Classification and Compensation Plan, which is attached hereto and incorporated herein by reference. The City Administrator shall have authority to create and maintain salary steps to implement the provisions of this Section. Salaries granted pursuant to this provision shall be reported to PERS as compensation earned. Please refer to Human Resources Policy ll-3, Salary Plan for specific policy and procedures. Section 3. THE CLASSIFICATION PLAN The classification plan includes the allocation of class titles to salary ranges for City officers and employees. The Classification Plan further includes the allocation of class titles to salary ranges for those employees that are designated as exempt from the classified service. These exempt classes are for elective officers; persons appointed by the City Council, including the City Administrator, and City Attorney; persons appointed by the City Administrator, including department head or designees; and persons appointed by the City Attorney pursuant to City of Vernon Municipal Code that serve in an "at will" capacity subject to the terms and conditions of an employment contract and are so designated in the plan as "non-classified." The classification plan as of the date of adoption of this plan is hereby established as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. The Human Resources Director, with approval by the City Administrator or his/her designee, is responsible for maintenance of the Classification Plan, including the allocation of new or changed positions to the appropriate class, the recommendation of proper salary ranges within the provision of pay administration, maintenance of up- to-date class specifications, and the preparation of reports and recommendations on revisions to the Classification Plan. Please refer to Human Resources Policy ll-1 , Classification Plan Administration for specific policy and procedures. 40 EXHIBIT A CLASSIFICATION AND COMPENSATION PLAN 4l City of Vernon 1of21 Classification and Compensation Plan Effective September 1, 20,,|.5 1025 Council Member 1030 Mayor 1010 City Administrator 1015 Deputy City Administrator Step 1 Step 2 Step 3 Step 4 Step 5 1 625 lnformation Technology Analyst SteP 1 SteP 2 Step 3 SteP 4 Step 5 1620 lnformation Technology Analyst, Senior Step 1 SteP 2 Step 3 SteP 4 Step 5 1610 lnformation Technology Manager Step 1 SteP 2 Step 3 SteP 4 SteP 5 '1630 lnformation Technology Technician SteP 1 Step 2 Step 3 SteP 4 Step 5 E50 NE c29 $25,752 $2s,752 9241 ,404 $2S3,436 $148,212 s155,616 $163,392 s171,564 $180,156 $2,146 $2,146 $20,117 $24,453 $12,351 $ 12,968 $13,616 $14,297 $15,013 s71.2s58 $74.8154 $78.5538 $82.4827 $86.6135 $5,700.46 $5,985.23 $6,284.31 $6,598.62 $6,929.08 o01 o01 $s90.46 $990.46 $116.0596 $9,284.77 s141.0750 $11,286.00 Min Max $74,856 s78,600 s82,524 $86,652 $90,984 $86,652 $90,984 $95,544 $100,320 $105,336 $128,028 $134,436 $141,144 $148,212 $1 5s,616 $58,644 $61,584 $64,656 $67,896 $71,280 $6,238 $6,550 $6,877 $7,221 $7,582 $7,221 $7,s82 $7,962 $8,360 $8,778 $10,669 $1 1,203 $11,762 $12,351 $12,968 $4,887 $s,132 $5,388 $5,658 $5,940 $35.9885 $37.7885 $39.6750 $41.6536 $43.7 423 $41.6596 $43.7423 $45.9346 $48.2308 $50.6423 $61 .5519 $64.6327 $67.8577 $71.2558 $74.8154 $28.1942 $29.6077 $31.0846 $32.6423 $34.2692 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $3,332.77 $3,499.38 $3,674.77 $3,858.46 $4,051.38 $4,924.15 $5,170.62 $5,428.62 $5,700.46 $5,985.23 $2,255.54 $2,368.62 $2,486.77 $2,611.38 $2,741.54 Ocqrpational Job Families and Job Classes PAY Annual New Monthly Hourly Pav PeriodFLSA . Add Sr. Eleclrical Tesl Toch, Retitle Electical fest Tech lormerly Subslation Test Tech, Conecl hourly Salary Assislanl Fire Marshal :ICIALS E NE C21 City of Vernon Classification and Compensation Plan Effective September 1, 2015 2o121 1 'l 10 City Attomey 1115 Deputy City Attomey 1525 Legal Secretary '1310 City Clerk 1315 Deputy City Clerk 1320 Records Management Assistanl Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step I Step 2 Step 3 Step 4 Step 5 $90,984 $95,544 $100,320 $105,336 s110,5s2 $208,s36 $255,780 $134,436 $141,144 $148,212 $155,616 $163,392 $58,644 $61,s84 $64,656 $67,896 $71,280 $7,582 s7,962 $8,360 $8,778 $9,216 $17,378 $21 ,315 $1 1,203 $11,762 $12,351 $12,968 $13,616 $4,887 $5,1 32 $5,388 $5,658 $s,940 $1 1,203 $13,616 $5,940 $6,238 $6,550 $6,877 $7 ,221 $4,655 $4,887 $5,132 $5,388 $5,658 $5,820 $43.7423 $45.9346 $48.2308 $50.6423 $53.1692 $3,4S9.38 $3,674.77 $3,858.46 $4,051.38 $4,253.54 Min Max E47 c21 E38 $100.2577 $8,020.62 $122.9712 $S,837.69 $64.6327 $67.8577 $71.2558 $74.8154 $78.5538 s28.1942 $29.6077 $31.0846 $32.6423 $34.2692 $5,170.62 $5,428.62 $5,700.46 $5,985.23 $6,284.31 $2,255.54 $2,368.62 s2,486.77 $2,611.38 s2,7 41.54 Min Max Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Y,I $134,436 $163,392 $71,280 $74,856 $78,600 $82.524 $86,652 $55,860 $58,644 $61,584 $64,656 $67,896 $69,840 $64.6327 $78.5538 $34.26S2 $35.9885 $37.7885 $39.67s0 $41.6596 $26.85s8 $28.1942 $29.6077 $31 .0846 $32.6423 $33.5769 $5,170.62 $6,284.31 $2,741.54 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $2,148.46 $2,2s5.54 $2,368.62 $2,486.77 $2,611.38 $2,686.15 Occupational Job Families and Job Classes City of Vernon 3o121 Classification and Compensation Plan Effective September 1, 2015 1505 Administrative Aide (part{ime houdy) 1 530 Administrative Assistant Step 'l Step 1 Step 2 Step 3 Step 4 Step 5 c5 \, lJ s3,308 $3,474 $3,647 $3,830 $4,021 $3,308 $3,474 $3,647 $3,830 $4,021 $4,021 $4,221 $4,434 $4,655 $4,887 s4,957 $4,021 $4,221 $4,434 $4,65s $4,887 $4,655 $4,887 $5,'132 $5,388 $5,658 $5,s18 $5,822 $6,142 $5,658 $5,940 $6,238 $6,550 NE 1 530 Administrative Assistant, (Confidential) SteP 1 Step 2 Step 3 Step 4 Step 5 1520 Administrative Assistant, Senior Step 1 Step 2 Step 3 SteP 4 SteP 5 Y1 NE cl3 G17 '1520 Adminislrative Assistant, Senior (Confidential NE C17 Step 1 SteP 2 Step 3 Step 4 SteP 5 1 510 Administrative Secretary c20 Step 'l SteP 2 Step 3 Step 4 Step 5 Grandfalhered - G1 Grandfathered - G2 Grandfathered - G3 1500 Executive Assistant to the City Administrator NE Step 1 Step 2 SteP 3 SleP 4 $39,696 $41,688 $43,764 $45,960 $48,252 $39,696 $41,688 $43,764 $45,960 $48,252 $48,252 $50,652 $53,208 $55,860 $58,644 $5S,484 $48,252 $50,652 $53,208 $55,860 $58,644 $55,860 $s8,644 $61,584 $64,6s6 $67,896 $66,216 $69,864 $73,704 $67,896 $71,280 $74,8s6 $78,600 $40.0000 $19.0846 $20.0423 $21.0404 $22.0962 $23.1981 $19.0846 $20.0423 $21.0404 $22.0962 $23.1981 $23.1981 $24.3s19 $25.5808 $26.8558 $28.1942 $28.5981 $23.1381 $24.3519 $25.5808 $26.8558 $28.1942 $26.8558 $28.1942 $29.6077 s31.0846 $32.6423 s31.8346 $33.5885 $35.4346 $32.6423 $34.2692 $35.9885 $37.788s $1,526.77 $1,603.38 $1,683.23 $1,767.69 $1,855.85 $1,526.77 s1,603.38 $1,683.23 $1,767.69 $'1,855.85 $1,855.85 $1,948.15 $2,046.46 $2,148.46 $2,255.54 $2,287.85 $1,855.85 $1 ,948.15 s2,046.46 s2,148.46 $2,255.54 $2,148.46 $2,255.54 $2,368.62 $2,486.77 $2,611.38 $2,546.77 s2,687.08 $2,834.77 $2,61 1.38 $2,7 41 .54 $2,879.08 $3,023.08 Class .r^^,r6-.i^-,1 lnlr EamiliaE .h,l l^h l:l.ccae FI SA PAY Annual New Monthly Hourly Pay PeriodCode . Add g. Etoctricat Test Tech, Reti e Electical Test Tech fornerty Substalion Tesl Tech, Conecl hou y Salary Assistanl Fire Merchal ADMINISTRATIVE AND CLERICAL GROUP Gity of Vernon Classification and Compensation Plan Effective September 1, 2015 4of21 1250 Account Clerk 1247 Accounl Clerk, Senior 1240 Accountant 1230 Accountant, Senior .1220 Assistant Finance Director '1248 Business License Clerk Step 1 Step 2 Step 3 Step 4 Step 5 Step I Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 G14 G18 c26 $3,474 $3,647 $3,830 $4,021 $4,221 $4,221 $4.434 $4,655 $4,887 $5,132 $5,132 $5,388 $s,6s8 $5,940 $6,238 $6,238 $6,550 s6,877 $7 ,221 $7,582 $10,161 $ 10,669 $11,203 $11,762 $12,351 $3,830 $4,021 $4,221 $4,434 $4,655 $9,216 $9,677 s41,688 $43,764 $45,960 $48,252 $50,652 $50,652 $53,208 $s5,860 $58,644 $61,s84 $61,584 $64,656 $67,896 $71,280 $74,856 $74,856 $78,600 $82,s24 $86,652 $90,984 $121,932 $128,028 $134,436 $141,144 $148,212 $45,960 $48,252 $50,652 $53,208 $5s,860 $1 10,s92 $116,124 $20.0423 $21.0404 $22.0962 $23.1981 $24.3519 $24.3519 $25.5808 $26.8558 $28.1942 $29.6077 $29.6077 $31.0846 532.6423 $34.2692 $35.9885 $35.9885 $37.7885 $39.6750 s41.6596 $43.7423 $58.6212 $61.5519 $64.6327 $67.8577 $71.2558 $22.0962 $23.1981 $24.3519 $25.5808 s26.8558 $53.1692 $55.8288 $1,603.38 $'r,683.23 $1,767.69 $1,855.85 $1,948.15 $1,948.15 $2,046.46 $2,148.46 $2,255.54 $2,368.62 $2,368.62 $2,486.77 $2,611.38 $2,741.54 $2,879.08 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $4,689.69 $4,924.15 $5,170.62 $5,428.62 $5,700.46 $1,767.69 $1,855.85 $1 ,948.1 5 $2,046.46 $2,148.46 $4,253.54 $4,466.31 Slep 1 Slep 2 1225 Deputy City Treasurer G16 Occupational Job Families and Job Classes City of Vernon Classification and Compensation Plan Effective September 1, 2015 5 ol 2'l $10,161 1210 Director of Finance/City Treasurer 1245 Payrcll Specialist 1248 Public Housing Property Coordinator '1235 PurchasingAssistant 5015 Assistant Fire Chief 5033 Assistanl Fire Marshal Min Max Y1 Step I Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 $128,028 $134,436 $155,616 $189,156 $210,000 $53,208 $s5,860 $58,644 $61,584 $64,656 $45,960 $48,252 $50,652 $s3,208 $5s,860 $ss,860 s58,644 $61,584 $64,656 $67,896 $10,669 $1 1,203 $'12,968 $15,763 $17,500 s4,434 $4,655 $4,887 $5,132 $s,s88 $3,830 $4,021 $4,221 $4,434 $4,6s5 $4,655 $4,887 $5,132 $5,388 $5,658 $12,968 $13,616 $14,297 $15,013 $ 15,763 $7,221 $7,582 $7,962 $8,360 $8,778 $1 1,203 $1 1,762 $25.5808 $26.8s58 $28.1942 $29.6077 $31.0846 $22.0962 $23.1981 $24.3519 $25.5808 $26.8558 $26.8558 $28.1942 $29.6077 $31.0846 $32.6423 $74.8154 $78.5538 $82.4827 $86.6135 $90-9404 $41.6596 $43.7423 $45.9346 $48.2308 $50.6423 $46.1662 $48.4698 $2,046.46 $2,148.46 $2,255.54 $2,368.62 $2,486.77 $1,767.69 $1,855.85 $1,948.15 $2,046.46 $2,148.46 $2,'148.46 $2,255.54 $2,368.62 $2,486.77 $2,61 1.38 E41 $61.5519 $4,924.15 $64.6327 $5,170.62 $74.8154 $5,985,23 $90.9404 $7.275.23 $100.961s $8,076.92 c19 c16 FM4,I $155,616 $163,392 $171 ,564 $180,156 $189,1 56 M29 $86,652 $90,9M $95,544 $100,320 $105,336 FM38 $'134,436 $141,144 $5,985.23 $6,284.31 $6,598.62 $6,929.08 $7,275.23 $3,332.77 $3,499.38 $3,67 4.77 $3,858.46 $4,051,38 $5,1 70.62 $5,428.62 5025 Fire Battalion Chief (P) NE G2O City of Vernon Classification and Compensation Plan Effective September 1, 2015 6o121 Step 3 Step 4 Step 5 $148,212 $155,616 $163,392 FA38 $134,436 $141,144 $148,212 $155,616 $163,392 F3t $95,544 $100,320 $105,336 $110,592 $116,124 FA3,I $95,544 $100,320 $105,336 $110,592 $116,124 E45 $189,1 56 $229,908 G25 $71,280 s74,856 $78,600 $82,524 $86,652 F28 $82,524 $86,652 $90,984 $95,544 $100,320 FM33 $10s,336 $1 10,592 $1 16,124 12,351 $12,968 $1 3,616 $50.8970 $53.4396 $56. 1099 700.46 $5,985.23 $6,284.31 5025 Fire Battalion Chief (A) 5030 Fire Captain (P) 5030 Fire Captain (A) 5010 Fire Chief 5050 Fire Code lnspector 5040 Fire Engineer (P) Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Min Max Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 $'r 1,203 $1 1,762 $12,351 $12,968 $1 3,616 $7,962 $8,360 $8,778 $9,216 $9,677 $7,962 $8,360 $8,778 $9,216 $9,677 s15,763 $ 19,159 $5,940 $6,238 $6,550 $6,877 $7,221 $6,877 $7 ,221 $7,582 $7,962 $8,360 $8,778 $9,216 $9,677 $64.6327 $67.8577 $71.2558 $74.8154 $78.5538 $32.8104 $34.4505 $36.1731 $37.9780 $39.8777 $45.9346 $48.2308 $50.6423 $53.1692 $55.8288 $90.9404 $110.5327 $34.2692 $35.9885 $37.7885 $39.6750 $41.6s96 $28.3393 $29.7569 $31.2445 $32.8104 $34.4505 s50.6423 $53.1692 $55.8288 $5,170.62 $5,428.62 $5,700.46 $5,985.23 $6,284.31 $3,674.77 $3,858.46 $4,051.38 $4,253.54 $4,466.31 $3,674.77 $3,858.46 $4,051.38 $4,2s3.s4 $4,466.31 $7,275.23 $8,842.62 $2,741.54 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,174.00 $3,332.77 $3,499.38 $3,674.77 $3,858.46 $4,051.38 $4,253.54 $4,466.31 5020 Fire Marshal Occupational Job Families and Job Classes City of Vernon 7o121 Classification and Compensation Plan Effective September 1, 2015 121,932 510,161 5060 Firefighter (P) 5045 Firefi ghter/Paramedic (P) 5035 Firefighter/Paramedic Coordinator (P) 8010 Director of Gas and Electric 8710 Business and Account Supervisor 8615 Utilities Compliance Analyst Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 NE F28 M31 G27 $128,028 $7'1,280 $74,856 $78,600 $82,524 $86,652 $82,524 s86,6s2 $90,984 $95,544 $100,320 $86,652 $90,984 $95,544 $100,320 $105,336 $10,669 $5,940 $6,238 $6,550 $6,877 $7,221 $6,877 $7,221 $7,582 $7,962 $8,360 97,221 $7,582 $7,962 $8,360 s8,778 $61 .5519 $24.4780 $25.7060 $26.9918 $28.3393 s29.7569 $28.3393 $29.7s69 $31 .2445 $32.8104 $34.4505 $29.7569 $31 .2445 $32.8104 $34.450s $36.1 731 $4,924.15 $2,741.54 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,1 74.00 $3,332.77 $3,499.38 $3,674.77 $3,858.46 $3,332.77 $3,499.38 s3,674.77 $3,858.46 $4,051.38 $3,674.77 $3,858.46 $4,051.38 $4,253.54 $4,466.31 F2sNE NE E48 Min l\,1ax $218,976 $266,160 $95,544 s100,320 $105,336 s1 10,592 $116,124 $78,600 $82,524 $86,652 $90,984 $95,544 $1 16,124 $121 ,932 $128,028 $7,962 $8,360 $8,778 s9,216 $9,677 $6,550 $6,877 $7,221 $7,582 $7,962 $9,677 $10,161 $10,669 $45.9346 $48.2308 $50.6423 $53.16S2 $55.8288 $18,248 $105.2769 $8,422.15 $22,180 $127.9615 $10,236.92 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 $37.7885 $39.6750 $41.6596 $43.7423 $45.9346 $55.8288 $58.6212 $61 .5s19 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $3,67 4.77 $4,466.31 $4,689.69 $4,924.15 8610 Utilities Compliance Manager City of Vernon Classification and Compensation Plan Effective September 1, 2015 8o(21 ,436 $ 141 ,144 $48,252 $s0,652 $53,208 $55,860 $58,644 $74,856 $78,600 $82,524 $86,652 $90,984 $11,203 $11,762 .6327 55.170.62 $67.8577 $5,428.62 8530 Utilities Customer Service Representative SteP 1 Step 2 SteP 3 SteP 4 Step 5 8510 Utilities Customer Service Supervisor Step 1 SteP 2 SteP 3 SteP 4 Step 5 8040 Electric Operations Supervisor G17 $4,021 $4,221 94,434 $4,655 $4,887 $6,238 $6,5s0 $6,877 97,221 $7,582 $23.1981 $24.3519 $25.5808 $26.8558 $28.1942 $35.9885 $37.7885 $39.6750 $41.6596 $43.7423 $55.8288 $58.6212 $61.5519 $64.6327 $67.8577 $43.7 423 $45.9346 $48.2308 s50.6423 $53.16S2 $45.9346 $48.2308 $50.6423 $53.1692 $55.8288 $41.6596 $43.7 423 $45.9346 $48.2308 $50.6423 $1,855.85 $1,948.15 $2,046.46 $2,148.46 $2,255.54 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,499.38 M35 8035 Electric Operator 8053 Electrical Test Technician, Senior Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 $1 16,124 sl21 ,932 $128,028 $134,436 9141,144 $90,984 $95,544 $100,320 $105,336 $110,592 $95,544 $100,320 $105,336 $110,592 $'fl6,124 $86,652 s90,984 $95,544 $100,320 $105,336 $9,677 $10,161 $10,669 $1 1,203 $11,762 $7,582 $7,962 $8,360 $8,778 $9,216 $7,962 $8,360 $8,778 $9,216 $9,677 $7,221 $7,582 $7,962 $8,360 $8,778 $4,466.31 $4,689.69 $4,924.15 $5,1 70.62 $5,428.62 $3,499.38 $3,674.77 $3,858.46 $4,051.38 $4,253.54 $3,674.77 $3,8s8.46 $4,05r.38 $4,253.54 $4,466.31 $3,332.77 $3,499.38 $3,674.77 $3,858.46 $4,051.38 t3'lNE 8050 Metering Technician Occupational Job Families and Job Classes City of Vernon 9of21 Classification and Gompensation Plan Effective September 1, 2015 Electrical Test Technician 8055 S{rb€tatien+etffiief, 8030 Utilities Dispatcher 8025 Utilities Dispatcher, Senior 8015 Utilities Operations Manager 8130 Associate Electrical Engineer Step 'l Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 $82,524 $86,652 $90,984 $95,544 $100,320 $6,877 $7 ,2?1 $7,582 $7,962 $8,360 $7,221 $7,582 $7,962 $8,360 $8,778 s8,778 s9,216 $9,677 $10,161 $10,669 $9,216 $9,677 $10,161 $10,669 $11 ,203 $11,203 $1 1,762 $12,351 $12,968 $13,616 $39.6750 $41.6596 $43.7423 $45.9346 $48.2308 $3,174.00 $3,332.77 $3,499.38 $3,674.77 $3,858.46 129 $86,652 $90,984 $95,544 $100,320 $105,336 $105,336 $1 10,592 $1 16,124 $121 ,932 $128,028 $1 10,592 $116,124 $121,932 $128,028 $134,436 $134,436 $141 ,144 $148,212 $155,616 $163,392 $41.6596 $43.7423 $45.9346 $48.2308 $50.6423 $50.6423 $s3.1692 $55.8288 s58.6212 $61 .5519 $53.1692 $55.8288 s58.6212 $61 .5519 $64.6327 $64.6327 $67.8577 $71.2558 $7 4.8154 $78.5ss8 $3,332.77 $3,499.38 $3,674.77 $3,858.46 $4,051.38 $4,051.38 $4,253.54 $4,466.31 $4,689.69 $4,924.15 $4,253.54 $4,466.31 $4,689.69 $4,924.15 $5,170.62 $5,170.62 $5,428.62 $5,700.46 $5,985.23 $6,284.31 $86,652 $90,984 $95,544 $100,320 $105,336 $55,860 $58,644 $61,584 $7,221 $7,582 $7,962 $8,360 $8,778 $4,655 $4,887 $5,1 32 $41.65S6 $43.7423 $45.9346 $48.2308 $50.6423 $26.8558 $28.1942 $29.6077 $3,332.77 $3,499.38 $3,67 4.77 $3,858.46 $4,051.38 $2,148.46 $2,255.54 $2,368.62 8140 Computer Aided Drafting Technician Occupational Job Families and Job Classes NE G2O City of Vernon Classification and Compensation PIan Effective September 1, 2015 10 of 21 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Slep 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 YC1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 $64,656 $67,896 $70,860 $95,544 $100,320 $105,336 $1 10,592 9116,124 $ 105,336 $110,592 $116,124 $121 ,932 $128,028 $148,212 $1 55,616 $163,392 $171 ,564 $180,156 $5,658 $5,905 $7,962 $8,360 $8,778 $9,216 $9,677 $8,778 $9,216 $9,677 $10,161 $10,669 $12,351 $12,968 $1 3,616 $14,297 $15,013 s45.9346 $48.2308 $50.6423 $53.1692 $55.8288 $50.6423 $53.1692 $55.8288 $58.6212 s61 .5519 $71.2558 $74.8154 $78.5538 $82.4827 $86.6135 $43.7423 $45.9346 $48.2308 $50.6423 $53.1692 $53.5096 $53.1692 $55-8288 $58.6212 $61 .5519 s64.6327 $35.9885 $37.7885 $39.6750 $41.6596 $43.7 423 $3,674.77 $3,858.46 $4,051.38 $4,253.54 $4,466.31 $4,051.38 $4,253.54 $4,466.31 $4,689.69 $4,924.15 s5,700.46 $5,985.23 $6,284.31 $6,598.62 $6,929.08 $3,499.38 s3,674.77 $3,858.46 $4,051.38 $4,253.54 $4,280.77 $4,253.54 $4,466.31 $4,689.69 $4,S24.15 $5,170.62 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,499.38 486.77 $32.6423 $2,611.38 $34.0673 $2,725.38 8'125 Electrical Engineer 81 15 Supervising Electrical Engineer 81 '10 Utilities Engineering Manager 8215 Gas Systems Specialist 8210 Gas Systems Superintendent 31 I/ 33 t30 M34 $90,984 $95,544 $ 100,320 $105,336 $110,592 $111,300 $1 10,592 $'t16,124 $121 ,932 $128,028 $134,436 s74,856 $78,600 $82,524 $86,652 $90,984 s7,582 $7,962 $8,360 $8,778 $9,216 $9,275 $9,216 $9,677 $10,161 $10,669 $1 1,203 $6,238 $6,ss0 $6,877 $7,221 $7,582 8220 Gas Systems Technician Occupational Job Families and Job Classes Step 5 Y1 Gity of Vernon Classification and Compensation Plan Effective September 1, 2015 11 oI 21 8435 Assistant Resource Scheduler 8430 Associate Resource Scheduler 8410 Electric Resources Planning & Dev. Mngr SteP 1 SteP 2 Step 3 SteP 4 SteP 5 8425 Electric Service Planner SteP 1 SteP 2 Step 3 SteP 4 SteP 5 8415 Resource Planner SteP 1 SteP 2 Step 3 SteP 4 Step 5 8420 ResourceScheduler Step 1 Step 2 Step 3 Step 4 SteP 5 Step 1 Step 2 Step 3 Step 4 Step 5 NE Step 1 Step 2 Step 3 Step 4 Step 5 $82,524 $86,652 $90,984 $95,544 $100,320 $90,984 $95,544 $100,320 $105,336 $110,592 $155,616 $163,392 $ 171 ,564 $ 180,156 $ 189,156 $74,856 s78,600 $82,524 $86,652 $90,984 $116,124 $121 .932 $128,028 $134,436 $141,144 $100,320 $ 105,336 $1 10,592 $116,124 $121 ,932 $82,404 $78,108 $74,040 $6,877 $7,221 $7,582 $7,962 $8,360 $7,582 $7,962 $8,360 $8,778 $9,216 $12,968 $ 13,616 $14,297 $15,013 $15,763 $6,238 $6,s50 $6,877 $7,221 $7,582 $9,677 $10,161 $10,669 $1 1,203 $11,762 $8,360 $8,778 $9,216 $9,677 $10,161 $6,867 $6,s09 $6,170 $39.6750 $41.6596 $43.7423 $45.9346 $48.2308 $43.7 423 $45.9346 s48.2308 $50.6423 $53.1692 $74.8154 $78.5538 $82.4827 s86.6135 $90.9404 $35.9885 $37.7885 $39.6750 $41.6596 $43.7423 $s5.8288 $58.6212 $61 .5519 $64.6327 $67.8577 $48.2308 $50.6423 $53.1692 $55.8288 $58.6212 $3,174.00 $3,332.77 $3,4S9.38 $3,674.77 $3,858.46 $3,499.38 $3,67 4.77 $3,858.46 $4,051.38 $4,253.54 $5,985.23 $6,284.31 $6,598.62 $6,S29.08 $7,275.23 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $4,466.31 $4,689.69 $4,924.15 $5,170.62 $5,428.62 $3,858.46 $4,051.38 $4,253.54 $4,466.31 $4,689.69 M41 NE Step 1 Step 2 Step 3 $39.6173 $3,169.38 $37.5519 $3,004.15 $35.5962 $2,847.69 8315 Telecommunications Specialist Occupational Job Families and Job Classes PAY New Monthly Hourly Pay PeriodFLSAAnnualCode . Add g Electrical Test Tech, Retille Eleclical Test Tech lormerly Subslalion Test Tech, Coiecl hourly Salary Assislanl Fire Marshal Resource Planninq and Schedulinq Group 28 NE G26 Cityt of Vernon Classifi cation and Compensation Plan Effective SePtember 1, 2015 12 oI 21 Step 4 Step 5 Step 6 Step 7 Step 8 8310 Telecommunications Systems Engineer SteP 1 SleP 2 Step 3 SteP 4 Step 5 Step 6 SteP 7 SteP 8 SteP 1 SteP 2 SteP 3 SteP 4 SteP 5 2010 Director of Health and Envlronmenlal Control Min Max 2030 Environmental SPecialist Step 1 SteP 2 Step 3 SteP 4 Step 5 2025 Environmental Specialist,Senior SteP 1 Step 2 SteP 3 SteP 4 Step 5 Grcndfathered - Hired before July 1, 2O14 G1 Grandfathered - Hied before July 1,2O14 G2 Grandfathered - Hired before July 1 , 2O14 G3 Grandfathercd - Hired betore July 1 , 2014 G4 5330 E43 NE G24 $70,176 $66,528 $63,060 $59,772 $56,652 $1 1 1,300 s105,504 $99,S96 $94,788 $89,844 $85,152 $80,712 $76,512 $116,124 $121,932 $128,028 $134,436 $141,144 $171 ,564 $208,536 $67,896 $71,280 $74,856 $78,600 $82,524 $82,524 $86,652 $90,984 $95,544 $100,320 s95,916 $101,196 $ 106,764 $112,632 $5,848 $5,544 $5,255 $4,981 s4,721 $9,275 $8,792 $8,333 $7,899 $7,487 $7,096 $6,726 $6,376 $9,677 $10,161 $10,669 s1 1,203 $11 ,762 $14,297 $17,378 $s,658 $s,940 $6,238 $6,s50 $6,877 $6,877 $7,221 $7,582 $7,962 $8,360 $7,993 $8,433 $8,897 $9,386 7385 $31.9846 $30.3173 $28.7365 $27.2365 $53.5096 $50.7231 $48.0750 $45.5712 $43.1942 $40.938s $38.8038 $36.7846 $2,699.08 $2,558.77 $2,425.38 $2,298.92 $2,178.92 $4,280.77 $4,0s7.85 $3,846.00 $3,645.69 $3,455.54 $3,275.08 $3,104.31 $2,942.77 $55.8288 $58.6212 $61 .5s19 $64.6327 $67.8577 $82.4827 $100.2577 $32.6423 $34.2692 s35.9885 $37.7885 $39.6750 $39.6750 $41.6596 $43.7423 $4s.9346 $48.2308 $46.1135 $48.6519 $51.3288 $54.1 500 $4,466.31 $4,689.69 $4,924.15 $5,1 70.62 $5,428.62 $6,598.62 $8,020.62 $2,61 1.38 $2,7 41.54 $2,879.08 $3,023.08 $3,174.00 $3,174.00 $3,332.77 $3,4S9.38 $3,674.77 $3,858.46 $3,689.08 $3,892.1 5 $4,106.31 $4,332.00 2015 Deputy Dir. of Health & Environmental Cont( E City of Vernon 13 ol 21 Classification and Compensation Plan Effective September 1, 2015 1410 Director of Human Resources Min Max Y1 Step I Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 $74,856 $78,600 $82,524 $86,652 $90,984 $100,320 $105,336 $110,592 $116,124 $121 ,932 948,252 s50,652 $53,208 $s5,860 $58,644 $6,238 $6,s50 $6,877 $7,221 $7,582 $8,360 $8,778 $9,216 $9,677 $10,161 $4,021 $4,221 $4,434 $4,65s s4,887 $11,762 $12,351 $12,968 $13,616 $14,297 $10,161 $ 10,669 $11,203 $11,762 $'r2,3s1 $35.9885 $37.7885 s39.6750 $41.6596 $43.7423 $48.2308 $50.6423 $53.1692 s55.8288 $58.6212 $23.1381 $24.3519 $25.s808 $26.8558 $28.1942 $5,700.46 $6,929.08 $7,538.46 $2,879.08 s3,023.08 $3,1 74.00 $3,332.77 $3,499.38 s3,858.46 $4,051.38 $4,253.54 $4,466.31 $4,689.69 $1,855.85 $1 ,948.1 5 $2,046.46 $2,148.46 92,255.54 $148,212 $12,351 $71.2558 $180,156 $15,013 $86.6135 $196,000 $16,333.34 $94.2308 '1420 Human Resources AnalYSt 1415 Human Resources Analyst, Senior 1425 Human Resources Assistant 1020 Economic Development Manager l\il32 c17 $141,144 $148,212 $155.616 $163,392 $171,564 M36 $121 ,932 $128,028 $134,436 $141,144 $148,212 $67.8577 $71.2558 $74.8154 $78.5538 $82.4827 $58.6212 $61 .5519 $64.6327 $67.8577 s71.2558 $5,428.62 $5,700.46 $5,985.23 $6,284.31 $6,598.62 $4,689.69 $4,924.15 $5,170.62 $5,428.62 $5,700.46 $38,124 $36,144 $34,260 $32,472 $3,177 $3,012 $2,855 $2,706 $18.3288 $1,466.31 $17.3769 $1,390.15 $'16.4712 $1,317.69 s15.61 15 $1,248.92 3010 lndustrial Development Director Police Cadet NE 3180 City of Vernon Classification and Compensation Plan Effective September 1, 2015 14 ol 21 5 Step 6 Step 7 Step 8 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 1,183.85 4015 Police Captain 4010 Police Chief 4020 Police Lieutenanl 4030 Police Officer 4025 Police Sergeant Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Y1 Y2 Y3 Step 1 Step 2 Step 3 Step 4 Step 5 Y1 Y2 Y3 NE PM36 $29,172 $27,660 $26,208 $141,144 $148,212 $155,616 $163,392 $171,564 $198,612 $241 ,404 $121,932 $ 128,028 $134,436 $141,144 $148,212 $71,280 $74,856 s78,600 $82,524 s86,652 $83,784 $88,404 $93,252 $90,984 $95,544 $100,320 $105,336 $1 10,592 $102,012 $107,616 sl 13,544 $48,252 ss0,652 $53,208 $2,431 $2,305 $2,184 $11,762 $12,351 $'r2,968 $13,616 $ 14,297 $ 16,551 $20,117 $10,161 $ 10,669 $11,203 $11 ,762 $12,351 $s,940 $6,238 $6,550 $6,877 $7,221 $6,S82 $7,367 $7 ,771 $7,582 $7,962 $8,360 $8,778 $9,216 $8,s01 $8,968 $9,462 s14.0250 $13.2981 $12.6000 $67.8577 $71 .2558 $74.8154 $78.5s38 $82.4827 s95.4865 $1 '16.0596 $58.6212 $61 .5519 $64.6327 $67.8577 $71.2558 $34.2692 s35.9885 $37.7885 $39.6750 $41.6596 $40.2808 $42.5019 $44.8327 s43-7 423 $45.9346 $48.2308 $50.6423 $53.1692 $49.0442 $51.738s $54.5885 $1 ,122.00 $1,063.85 $1,008.00 $5,428.62 $5,700.46 $5,985.23 $6,284.31 $6,598.62 $7,638.92 $9,284.77 $4,689.69 $4,924.15 $5,170.62 $5,428.62 $5,700.46 $2,741.54 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,222.46 $3,400.15 $3,s86.62 $3,499.38 $3,674.77 $3,858.46 $4,051.38 $4,253.54 $3,923.54 $4,139.08 $4,367.08 Min Max NE $4,021 $4,221 $4,434 $23.1981 $1,855.85 $24.3519 $1,948.15 $2s.5808 $2,046.46 4125 Civilian Court Officer G't7 Occupalional Job Families and Job Classes City of Vernon 15 ol 21 Classification and Compensation Plan Effective September 1, 2015 ,655 $2,148.46 $28.1942 $2,255.54 4123 Police Community Services Officer 4130 Police Dispatcher 41 '15 Police Dispatcher, Lead 41 10 Police Records Manager 4135 Police Records Technician Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step '1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Y1 Step 1 Step 2 Step 3 Step 4 Step 5 G16 G18 G14 $58,644 $45,960 $48,252 $50,652 $53,208 $55,860 $50,652 $53,208 $55,860 $58,644 $61,584 $55,860 $58,644 $61,584 $64,656 $67,896 $78,600 $82,524 $86,6s2 $90,984 $95,544 $41,688 $43,764 $45,960 $48,252 s50,652 $51,540 $45,960 $48,252 $50,652 $53,208 $55,860 $4,887 $3,830 $4,021 $4,221 $4,4U $4,65s $4,221 $4,434 $4,655 $4,887 $5,132 $4,655 $4,887 $5,132 $5,388 $5,658 $6,550 $6,877 $7,221 $7,582 s7,962 $3,47 4 $3,647 $3,830 $4,021 $4,221 $4,295 $3,830 $4,021 $4,221 $4,434 $4,655 $22.0962 $23.1981 $24.35'19 $25.5808 $26.8558 s24.3519 $25.5808 $26.8558 $28.1942 $29.6077 $26.8558 $28.19/2 $29.6077 $31.0846 $32.6423 $37.7885 $39.6750 $41.6596 $43.7423 $45.9346 $20.0423 s21.0404 $22.0962 $23.1981 $24.3519 $24.7788 $22.0962 $23.1981 $24.3519 $25.5808 $26.8s58 $1,768 $1,856 s1,948 $2,046 s2,148 $1,948.15 $2,046.46 $2,148.46 $2,255.54 $2,368.62 $2,148.46 $2,255.54 $2,368.62 $2,486.77 $2,61 1.38 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $3,67 4.77 $1,603.38 $1,683.23 $1,767.69 $1,855.85 $1,948.15 $1,982.31 $1,767.69 $1,855.85 $'t,948.15 $2,046.46 $2,148.46 4120 Police Records Technician, Lead G16 Occupational Job Families and Job Classes City of Vernon Classifi cation and Compensation Effective September 1, 2015 $134,436 $141,144 $148,212 $1 55,616 $ 163,392 $198,612 $241,404 $11,203 $11,762 $12,351 $12,968 $13,616 $16,551 $20,117 $64.6327 $67.8577 $71.2558 $74.8154 $78.5538 $95.4865 $116.0596 16 of 21 $5,170.62 $5,428.62 $5,700.46 s5,985.23 $6,284.31 $7,638.92 $9,284.77 Plan 7015 Deputy Director of PW, Water and Dev. Serv E Step 1 Step 2 SteP 3 SteP 4 SteP 5 7010 Director of PW, Water and Developmenl Sen E Min Max 7230 Building lnspector SteP 1 SteP 2 Step 3 SteP 4 Step 5 7215 Building lnspector, Senior 7 225 Electtical I nspector Step 1 Step 2 Step 3 Slep 4 Step 5 Y1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 E46 NE $71,280 $74,856 $78,600 $82,524 $86,652 $78,600 $82,524 $86,6s2 $90,984 $95,544 $96,612 s71,280 $74,856 $78,600 $82,524 $86,652 $78,600 $82.s24 $86,652 $90,984 $95,544 $48,252 $50,652 $53,208 $55,860 $58,644 $5,940 $6,238 $6,550 $6,877 97,221 $6,550 $6,877 $7 ,221 s7,s82 $7,962 $8,051 $5,940 $6,238 $6,550 $6,877 $7 ,221 $6,550 $6,877 $7 ,221 $7,582 $7,962 $4,021 s4,221 $4,434 $4,6ss $4,887 $34.2692 $35.9885 $37.7885 $39.6750 $41.6596 $37.7885 $39.6750 $41.6596 $43.7423 $45.9346 $46.4481 $34.2692 $35.9885 s37.7885 $3S.6750 $41.6596 $37.7885 $39.6750 $41.6596 $43.7423 $45.9346 $23.1981 $24.35'19 $25.s808 $26.8558 $28.1942 $2,742 $2,879 $3,023 $3,174 $3,333 $3,023.08 $3,1 74.00 $3,332.77 $3,499.38 $3,674.77 $3,715.85 $2,741.54 $2,879.08 $s,02s.08 $3,174.00 $3,332.77 $3,023 $3,174 $3,333 $3,499 $3,675 $1,855.8s $1 ,948.15 s2,046.46 $2,148.46 $2,25s.54 NE 7213 Electrical lnspector, Senior 7250 Permit Technician G17 City of Vernon 17 of 21 Classification and Compensation Plan Effective September 1, 2015 7235 Plumbing and Mechanical lnspector 7135 Associate Engineer 71 '18 Civil Engineer Step 'l Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 $61,584 $64,656 $67,896 $71,280 s74,856 $71,280 $74,856 $78,600 $82,524 $86,652 s78,600 $82,s24 $86,652 $90,984 $95,544 $5,132 $5,388 $5,658 $5,940 $6,238 $5,940 $6,238 $6,5s0 $6,877 $7,22',1 $6,550 $6,877 $7,221 $7,s82 $7,962 $s,6s8 $5,940 $6,238 $6,550 $6,877 $6,877 $7,22',1 $7,582 $7,962 $8,360 $8,360 $8,778 $9,216 $9,677 $10,161 $4,887 $s,132 $5,388 $5,6s8 $29.6077 $31.0846 $32.6423 $34.2692 $35.9885 $34.2692 $35.9885 $37.7885 $39.6750 $41.6596 $37.7885 $39.6750 $41.6596 $43.7 423 $4s.9346 $32.6423 $34.2692 $3s.9885 $37.7885 $3S.6750 $39.6750 $41.6596 $43.7423 $45.9346 $48.2308 $48.2308 $50.6423 $53.1692 $55.8288 s58.6212 $28.1942 $29.6077 $31.0846 $32.6423 $2,368.62 $2,486.77 $2,611.38 $2,741.54 $2,879.08 $2,741.54 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $3,674.77 $2,61 1.38 $2,741.54 $2,879.08 $3,023.08 $3,1 74.00 $3,174.00 $3,332.77 s3,499.38 $3,674.77 $3,858.46 $3,858.46 $4,051.38 $4,253.54 $4,466.31 s4,689.69 $2,25s.54 $2,368.62 $2,486.77 $2,611.38 NE 7213 Plumbing and Mechancial lnspeclor, Senior Step 1 SteP 2 SteP 3 SteP 4 SleP 5 t\4 32 $67,896 $71,280 $74,856 $78,600 $82,524 $82,524 $86,652 $90,984 $95,544 $100,320 $100,320 $ 105,336 $1 10,592 $ 1 16,124 $121 ,932 $58,644 $61,584 $64,656 $67,896 7'140 Assistant Engineer 7145 Engineering Aide NE occupational Job Families and Job Classes City of Vernon Glassification and Compensation Plan Effective September 1, 2015 18 of 21 71 15 Principal Civil Engineer 7120 Proiect Engineer 7735 Facilities Mainlenance Worker, Lead 7125 Stormwater and Special Projects Analyst SteP 1 SteP 2 Step 3 SteP 4 Step 5 7720 Facilities Maintenance Worker Step 1 Step 2 Slep 3 Step 4 Step 5 NE Step 'l Step 2 Step 3 Step 4 Step 5 s121,932 $128,028 $134,436 $141,144 $148,212 $90,984 $95,544 $100,320 $'105,336 $110,592 $78,600 $82,524 s86,652 s90,984 $95,544 $10,161 $10,669 $1 1,203 $1 1,762 $12,351 $7,582 $7,962 $8,360 $8,778 $9,216 $6,550 $6,877 $7,221 s7,582 $7,962 $3,830 $4,021 $4,221 $4,434 $4,65s s5,132 $s,388 $5,658 $5,940 $6,238 $6,328 $4,221 $4,434 $4,655 $4,887 $5,132 $58.6212 $61 .5519 $64.6327 $67.8577 $71.2558 $43.7423 $45.9346 $48.2308 $50.6423 s53.1692 $37.788s $39.67s0 s41.6596 $43.7423 $4s.9346 $4,689.69 $4,924.15 $5,170.62 $5,428.62 $5,700.46 s3,499.38 $3,674.77 $3,858.46 $4,051.38 $4,253.54 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $3,674.77 $1,767.6S $1,855.85 $1 ,948.15 $2,046.46 $2,148.46 $2,368.62 $2.486.77 $2,61 1.38 $2,7 41.54 $2,879.08 $2,920.62 $1 ,948.15 $2,046.46 $2,148.46 $2,255.54 $2,368.62 7730 Facilities Maintenance Worker, Senior SteP 1 SteP 2 SteP 3 SteP 4 SteP 5 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 YC1 NE l, lO $45,960 $48,252 $50,652 $53,208 $5s,860 $61,584 $64,656 $67,896 $71,280 $74,856 $7s,936 $50,652 $53,208 $55,860 $58,644 $61,584 $22.0962 $23.1981 $24.3519 $25.5808 $26.8558 $29.6077 $31.0846 $32.6423 $34.2692 $35.9885 $36.5077 $24.3519 $25.5808 $26.8558 $28.1942 $29.6077 G18 occupational Job Families and Job classes NE G27 City of Vernon Classification and Compensation Effective September 1, 2015 NE G19 19 ol 21 Plan 7530 Mechanic 7520 Mechanic, Lead 7525 Mechanic, Senior Meter Reader 7820 Meter Reader, Lead 7430 Street Maintenance Worker Step 1 Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 Slep 5 Step 1 Step 2 Step 3 Step 4 Step 5 $53,208 $55,860 $58,644 $61,584 $64,656 $64,656 $67,896 $71,280 $74,856 $78,600 $58,644 $61,584 s64,656 $67,896 $71,280 $4,434 $4,655 $4,887 $5,132 $5,388 $5,388 $5,658 $5,940 $6,238 $6,550 $4,887 $5,132 $5,388 $5,6s8 $5,940 $25.5808 $26.8558 $28.1942 $29.6077 $31.0846 $31.0846 $32.6423 $34.2692 $35.988s $37.7885 $28.1942 $29.6077 $31.0846 $32.6423 $34.2692 $2,046.46 $2,148.46 $2,255.54 $2,368.62 $2,486.77 $2,486.77 $2,611.38 $2,7 41 .54 $2,879.08 $3,023.08 $2,25s.s4 $2,368.62 $2,486.77 $2,61 1.38 $2,741.54 G21 Step 1 Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 G18 Gl5 $s0,652 $53,208 $55,860 $s8,644 $61,584 $55,860 $58,644 $61,584 $64,656 $67,896 $4,221 $4,434 $4,655 $4,887 $5,132 $4,655 $4,887 $5,132 $5,388 $5,658 NE $24.3519 $25.5808 $26.8558 $28.1942 $29.6077 $26.8558 $28.1942 $29.6077 $31.0846 $32.6423 $1,948.15 $2,046.46 $2,148.46 $2,255.54 $2,368.62 $2,148.46 $2,255.54 $2,368.62 $2,486.77 $2,611.38 Step 1 Step 2 $43,764 $45,360 $48,252 $s0,652 $53,208 $50,652 $53,208 $3,647 $3,830 $4,021 $4,221 $4,434 $4.221 $4,434 $21.0404 $22.0962 $23.1981 $24.3519 $25.5808 $24.3519 $25.5808 $1,683.23 $1,767.69 $1,855.85 $1 ,948,1s $2,046.46 $1 ,S48.15 $2,046.46 7425 Street Maintenance Worker, Senior L, lO ,1^^.'^-+i^-'l l^ir E.ailiac -h.l l^h Cl.eca<PAY Annual New Itilonthly Hourly Pay PeriodCode FLSA . Add St Eloctical Tesl Tech, Retille Elocttical Tesl Tech fofirgrly Subslalion Test Tech, Coiect houtly Salary Assislanl Fire Ma6hal Garaoe Group 20 ol 21City of Vernon Classification and Compensation Plan Effective September,,|., 2015 Step 3 Step 4 Step 5 s58,644 $61,584 $4,887 $5,132 ,655 $26.8558 148.46 $28.19/'2 $2,255.54 $29.6077 $2,368.62 7630 Warehouse Worker Step 1 Step 2 Step 3 Step 4 Step 5 Step 'l Step 2 Step 3 Step 4 Step 5 Y1 Step '1 Step 2 Step 3 Step 4 Step 5 G16 G21 G18 $45,960 $48,252 $s0,652 s53,208 $55,860 $58,644 $61,584 $64,656 $67,896 $71,280 $73,704 $50,652 $53,208 $55,860 $58,644 s61,584 $3,830 $4,021 $4,221 $4,434 $4,655 $4,887 $5,132 $5,388 $5,658 $5,340 $6,142 $4,221 $4,434 $4,655 $4,887 $5,132 $6,238 $6,550 $6,877 $7,221 $7,582 $6,877 $7 ,221 $7,582 $7,962 $8,360 $8,778 $s,216 $9,677 $10,161 s10,669 7620 Warehouse Worker, Lead 7625 Warehouse Worker, Senior 7320 Publlc Works and Water Foreman Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 7310 Public Works and Water Superintendenl Step 1 SteP 2 Step 3 Step 4 Step 5 $74,856 $78,600 $82,524 $86,652 $90,984 $82,524 $86,652 $90,984 $95,544 $100,320 $105,336 $1 10,592 $1 16,124 s121,932 $128,028 $22.0962 $23.1981 $24.3519 $25.5808 $26.8558 $28.1942 $29.6077 $31.0846 $32.6423 $34.2692 $35.4346 $24.3519 $25.5808 $26.8558 $28.1942 $29.6077 s35.9885 $37.7885 $39.6750 $41.6596 $43.7423 $39.6750 $41.6596 $43.7423 $45.S346 $48.2308 ss0.6423 $53.1692 $55.8288 $58.6212 $61 .5519 $1,767.69 $1,855.85 $1 ,948.1 5 $2,046.46 $2,148.46 $2,255.54 s2,368.62 $2,486.77 $2,611.38 $2,7 41 .54 $2,834.77 $1,S48.15 s2,046.46 $2,148.46 $2,255.s4 $2,368.62 $2,879.08 $3,023.08 $3,174.00 $3,332.77 $3,499.38 $3,174.00 $3,332.77 $3,499.38 $3,67 4.77 $3,858.46 $4,051.38 $4,253.54 $4,466.31 $4,689.69 $4,924.15 7330 Public Works Foreman City of Vernon 21 ol 21 Classification and Compensation Plan Effective September 1, 2015 SteP 1 SteP 2 SteP 3 SteP 4 Step 5 7132 Public Works Water Proiect Coordinator SteP 1 Step 2 SteP 3 SteP 4 Step 5 7325 Street and Water Crew Leader Step 1 SteP 2 Step 3 SteP 4 Step 5 7930 Water Maintenance Worker Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 NE $86,652 $90,984 $95,544 $100,320 $'10s,336 $86,652 $90,984 $95,544 $100,320 $105,336 $67,896 $71,280 $74,856 $78,600 $82,524 $7,221 $7,582 $7,962 $8,360 $8,778 $7,221 $7,582 $7,962 $8,360 $8,778 $5,658 $5,940 $6,238 $6,550 $6,877 $41.6596 $43.7423 $45.9346 $48.2308 $50.6423 $41.6596 $43.7423 $45.9346 $48.2308 $50.6423 $32.6423 $34.2692 $35.9885 $37.7885 $39.6750 $3,332.77 $3,499.38 $3,674.77 $3,858.46 $4,051.38 $3,332.77 $3,499.38 $3,674.77 $3,858.46 $4,051.38 $2,611.38 $2,741.54 $2,879.08 $3,023.08 $3,174.00 G17 7925 Water Maintenance Worker, Senior $48,252 $50,652 $53,208 $55,860 $58,644 $61,s84 $64,656 $67,896 $71,280 $74,856 $4,021 $4,221 $4,434 $4,655 $4,887 $5,1 32 $5,388 $5,6s8 $5,940 $6,238 $23.1981 $24.3519 $25.5808 $26.8558 $28.1942 $29.6077 $31.0846 $32.6423 $34.2692 $3s.9885 $1,855.85 $1,948.15 $2,046.46 $2,148.46 $2,255.s4 $2,368.62 $2,486.77 s2,611.38 $2,741.54 $2,879.08 NE G24 occupational Job Families and Job Classes JOB DESCRIPTION Senior Electrical Test Technician Date Prepared: August 2015 Class Code: 8053 SUMMARY: Under general supervision, maintains, investigates and performs the more advanced journey repairs to all City-owned electrical substations, natural gas turbine units and water well and booster plant sites in accordance with established policies, procedures, regulations and objectives. Assumes lead responsibility on assigned testing, maintenance and repair work; and to do related work as required. DISTINGUISHING CHARACTERISTICS: lncumbent in this classification reports to the Utilities Operations Manager or designee. The incumbent works independently to carry out assigned duties, coordinates and schedules with other divisions and contractors to achieve efficient operation of the department, leads and trains Electrical Test Technicians. ESSENTIAL FUNCTIONS: - Essenlial functbrs, as delined undet the Ameticans with Disabilities Act, may include any of the toltowing representative dulies, knowledge, and ski/ls. Ihis ls ,ol a comprchensive lhting ol all functions and dulies pelormed by incunbenls oflhis c,ass; employees may be assigned duties which arc nol listed below: rcasonable accommodatlons will be nade as requircd. The job desciplion does not constilute an employment agrcenent and is suD/ect to change at any lime by the employeL Essential dulies and rcs@nsibilitas may include, but are not finrted b, the following: o lnspects, and maintains protective relays, power lransformers, instrument transformers, high voltage circuit breakers (oil, vacuum and gas), substation battery banks, capacitors and disconnects/switches and automatic tap changers. o Performs AC insulation, excitation, turns ratio, winding resistance and insulation resistance technical testing of transformers as well as contact resistance, open and close timing and all other internal and external testing and inspection of 7, 16 and 661(V circuit breakers. . Reads blueprints and schematics in connection with installation and wiring of electrical equipment. o Performs complex relay testing during scheduled maintenance; accepts/commissions testing on new relay installations, control circuits, and newly installed high voltage circuit breakers. o Works with electrical engineers on the development of system protection upgrades, supervisory control and data acquisition (SCADA) and new relay settings for electrical system revisions. . Troubleshoots malfunctions of remote control circuits, circuit breaker failures, natural gas turbine unrt alarms and issues, water department electrical equipment failures, and electric system operational failures. o Responds to emergency calls for service during power outages to inspect affected equipment to identify a root cause of failure, repair impacted equipment, protect public and personnel safety and efficiently restore service. . Performs and coordinates scheduled preventative substation and associated systems maintenance. Retains all substation equipment maintenance records for regulatory and auditing purposes. . Requests electric system equipment clearances to safely conduct testing on high voltage equipment; acts as a checker for the Electrical Operators as needed during high voltage electrical switching. o Leads and trains employees on assigned testing work; develops schedules for the routine testing of equipment- . Adheres to established industry and regulatory guidelines and protocols regarding the proper handling of SF6 gas during the installation, repair and removal of SF6 circuit breakers. Senior Electrical Test Technician Vernon CA 1ot2 . Promotes a safety mnscious work environment by closely following City, State and industry established general, electrical and substation operating procedures, subscribing to industry best practices and complying with regulatory requirements. . Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; mainiains confidentiality of work- related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: High school diploma or equivalent; AND five years of experience in specialized and technical testing and repair and maintenance of electric substation equipment. Knowledge of: . City organization, operations, policies, and procedures. . Regulatory requirements for the operation, maintenance, and repair of gas, electric and bulk power utilities. . Principles of electrical and electronic theory, power system operations including power plant operations; fundamenlals of alternating current circuits, and electrical safety policies and procedures. . State and federal environmental protection codes and regulations; Cal OSHA regulations. . Applicable safety practices for high voltage equipment. . Common hand and power tools. . Customer service standards and protocols. Skill in: . Monitoring and applying control system principles rationally to solve practical problems and deal with a variety of concrele variables in situations where only limited standardization exists. . lnterpreting schematics, plans and specifications. . Testing of microprocessor and electromechanical relays. . Proficiently and safely working at elevated heights including the appropriate use of fall protection and personal protective equipment. . Maintaining maintenance and inspection records as required by regulatory agencies. . Utilizing public relations techniques in responding to inquiries and complaints. . Working flexible hours or on-call schedule- o Communicating effectively, both orally and in writing. . Establishing and maintaining cooperative working relationships with managers, fellow employees, contractors, representatives of other utilities, suppliers and the public. LICENSE AND CERTIFICATION REQUIREMENTS: A valid Class C California State Driver's License is required. Additional training/certification may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in the field at electrical substations, with exposure to dangerous equipment, extreme weather conditions, hazardous chemicals, high voltage and electrical shock. Senior Electrical Test Technician Vernon CA 2 ol2 JOB DESCRIPTION Ssbstatio+-Electrical Test Technician DaG Prepared: March 2014 Class Code: 8055 SUMMARY: Undor basi€gglgBlsupeNision, maintains. investirates and oedorms reparrs to all City-ou/rEd oloclncal substatron in accordanc€ with established policres, proceduros, aogulations and objoctivos ESSENnAL FUNCnONS: - Esseria, /urEl,oos, as ddned uN* E Andicans wlk Disahlllbs Ad nvy in blo aoy d llb fdh,ting emdolees flay be assgfied ddies wnch are ool hged bdat, reasoaade accdnDodaf,'drs ,tl lE n e as requned- IhoFb desarlrro, does nol canslfi.le an ernpktynenl ageenenl and B subpt lo chaoge al any lrne W lhe enployer Essential dd€s and rospasit)ilibs nay iEtutk, hd aG nt7 linild to, the tdloajng: . specls, and maintains protective relays, po\fler ransfomers, instn mont hansfomeE. high voltago cirorit break€rs (oil, vacuum and gas), substatioo battery banks, capacjtors and disconnectJsl ritches3E! automatic taD dEnoers. Performs complex relay testing during scheduled maintenanc€; acceptdcommissions lestjng on new relay installadons, conkolciroJits, aM newly ins[alled high voltago ciroJit breakors Works wilh elecirical engineers on lhe development of system poteclion upgrades, supedisory contlol and data acquisition (SCADA) and now rolay sonings for oloctncal ststom rovisions Troubloshoots malfundions of rcmote conuol ciroJits, cjroJit broaker failu.es, !aUIaEaS]q!!@!E[!!e@Q ter depadment g@EieLequipment h ures, and 9legE!9j)6lg4opelalional failures Responds to emergency calls for servic€ during power outages [o insped aflected equipment to identify a uso Reouests electdc s\,stem eouioment Obtain6-cloarancos to nduct testing on high vdtage equipment;acls as a checler for lhe Eledrical Operators as need to.mtr.d: Fonti tlor Bdd, tlot Elpan led by / conde$ed fsm.tte.l Font ilot Bold, Not Epanded b, / Cddseed @molvino with reoulatorv reouirements, Lsupports lhe relationship between the City of Vemon and the gonoral public by domonsvating courtoorrs and coopeiative behavior when interacting with visitors and City slaff; maintains confidentiality of work- related issues and City infolmation; porforms olhor duties as roquired or assgned,ldfttt d: Fdr r'lot Bdd, irot Expand€d b, / condrirad MI IMUM OUALIFICATIONS: Education, Training and Erporionc€ Guidolin€3: High school diploma or oquivalent; AND throo yea6 of experienco in spocialized and technical testing and ropair and maintenanco of electric substation oquipment. Knowlodgp or: . City organization, oporations, policies. and procodures . Rogulatory requircmentrs for the operation, maintonan@, and repalr of gas, olectric and bulk pol /or utilities . Principles of eloctrical and eleckonic th€ory, power system opoaations induding po,r'ler plant oporatlons; fundamontals of altemating crJront circuits, and electical safoty policies and pocodures. . State and federal environmental protection codes and regulaUons; Cal OSHA rogulations . Applicable safety practicos for high vollage equipment . Common hand and powsr tools- . Customer seNice standards and protocols Skill in: . Monitoring and applying control systom pinqples raUonally to solve practical probloms and dealwilh a variety of conqeto vanablos in situations where only limitod standardization exists- :_lnterpreting schematics, plans and specifications o€Gonal oaotealive eouioment. . Maintarning maintonance and inspection records as roquired by regulatory agencies . Utilizing public relations technques in responding to inquiries and complaints . Wo*ing flexiblo hours or on-call schedule . Communicating effectively, both orally and in wnting . Establishing and maintaining cooperative working relationships with managers, fellow employees, conhactors, ropresontatives ofother utilrties, suppliers and the public. LICENSE AND CERTIFICANON REOUIREMENTS: A vahd Class C Califomia State Drive/s License is required Additional lraining/ceftincabn may be roqLri.od PHYSICAL DEMANOS ANO WORKING ENVIRONMENT: Work is performed in the field at electric€l substations, with exposure lo dangerous equipmsnt, extreme weather conditions, hazardous chomic€ls, high voltage and electdcal shock. 2 ol2 CITY CLERI('S ()F RNON POLICE DEPARTMENT September 1, 2015 TO: REEEiVED STAFF REPORT Honorable Mayor and City Council 9C Daniel Calleros, Police Chief Ordinances Granting U.S. Tow, Inc. and HP Automotive & Tow Inc., A Franchise Towing Services Agreement RECEIVED AUG 2 5 20ts FROM: RE: Recommendation A. Find that approval of a services agreement with US Tow Inc. and Hp Automotive & Tow Inc., is exempt under the Califomia Environmental Quality Act (CEeA) in accordance with Section 15061(bX3), 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 granting to U.S. Tow, Inc., a franchise towing services agreement; and C. Hold the first reading of, and subsequently adopt, the proposed Ordinance granting to Hp Automotive & Tow Inc., 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 agreement 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 and storage services requested by the vemon Police Department ('vPD'). The ordinance also established procedures for suspending or revoking tow companies t}rat fail to meet the minimum standards, violate federal, state, or local laws, or for any cause which the VpD determines is in the public interest, necessary or general welfare for the contract to continue. Page I of3 AUG 2 6 2015 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 furnish 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 publicalion. The VPD received four (4) 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 Weiehtins Experience 40% References 20% Responsiveness to the RFP, and quality aad responsiveness ofthe proposal t0% Work PlarVTechnical Description 30% Upon further review and comparison of all four proposals, reference checks, additional research into service levels and review of customer complaints available though public resources, and physical inspections conducted by members of the evaluation panel, staff has determined that it is in the best interest of the City to award franchise agreements to US Tow Inc. and Hp Automotive & Tow [nc. Although Mr. C's Towing was ranked #2 by the evaluation panel, further research into service levels as well as criminal complaints revealed a previous issue with compliance with private property impounds as well as customer service issues. Given the disclosure of new information, staff recommended not to pursue a franchise agreement with Mr. C's Towing. Company Ranking US Tow Inc.1 Mr. C's Towing 2 HP Tow J Viertel's Official Police Garagc 4 The City Attomey's Offrce has prepared a standard agreement for official police tow services. This agreement establishes the City's requirements and minimum performalce standards, payment of fees, repoding requirements, and other terms and conditions related to vehicle towing and impound services for the VPD. The agreement is for a term of three (3) years. Fiscal Imoact There is no cost associated with execution of a franchise tow services agreement. The towing services franchise does not increase the costs paid by vehicle owners, as these rates are frxed. 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. Page 2 of 3 Attachment(s) None Page 3 of 3 OR.DINA}ICE NO. L23I AN ORDINANCE OF THE CITY COUNCTL OF THE CITY OF VERNON GRANTING TO U.S. TOW, INC., A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, tshe 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 t.he ConstituEion of the State of Cal j-f ornia; and WHEREAS, on October 2, 2012, t.he City Council- of the City of Vernon adopted Ordinance No. 1198 adding Chapter 48 of the Vernon Municipal Code to establish a non-consensual franchise towing fee,. and WHEREAS, on or about March 2015, t.he Police Chief issued a Request for Proposal-s for the City, s Franchise Tow Fee program,. and WHEREAS, the City Councif of the City of Vernon desires to grant a Franchise Towing Seryices Agreement to U.S. Tow, Inc.; and WHEREAS, the Cit.y Council of the 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, restrict.ions and limiEaEions by ordinance. THE CfTY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of Ehe City of Vernon hereby finds and determines tshaE the above recitals are t.rue and correct. SECTfON 2: GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Cor.mcil of the City of Vernon to U.S. Tow, fnc., its Lawful- successors or assigns to provide official non-consensual police cowing services tso the Vernon pol_ice Department. Said franchise is further described and depicted in the Franchise Towing Seryices Agreement , -Eixn1-bat A in substantially the same form as attached hereto as and incorporated herein by reference. SECTION 3: FRANCHISE TERM. The franchise shall endure three (3) years, subjects to the tserms Tow j-ng services Agreement. SECTION 4: FRANCHISE FEE. in fu1l force and effect. for and conditions of the Franchise The grantee of t.he franchise, during the life thereof, will pay to the City five percent (5?) of Ehe gross annual receipts of the grantee arising from the use, operation or possessi-on of the franchise. SECTfON 5: VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shalI file with the City Clerk of the City, within Ehree (3) months afEer the expiration of the calendar year, or fracEional calendar year, following the date of the granting of this franchi-se, and within three (3) montshs after Ehe expiration of each calendar year thereaf t.er, a verified statement showing in deEail the totsa1 gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing servj.ces within the limits of the Citsy. The grantee shaI1 pay to the City within fifteen (15) days after the time for filing said statement, in lawfuf money of tshe Unitsed States, the aforesaid percentage of its gross receipt for the cal-endar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinlcefore provided, shaLl constitute grounds for the decl-aration of forf eit.ure of this franchise and of all rights of grantee hereunder. However, 2 grantee has the ability to cure under Section !2. Further, the City is responsible for insuring that grantee has the appropriaEe financial institution informati-on for efectronic Eransfer of t.he franchise fee in a timely manner. Any del-ays caused by incorrect financiaf insEitution information shaff not constitute grounds for tshe declaratsion of a forfeiture of this franchise. SECTTON 5: WRTTTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective unEil written acceptance thereof shall have been filed by grantsee with the City Clerk. SECTION 7: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this Ordinance is in lieu of all other franchj-ses, rightss or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police tsowing services throughout the limits of the City of Vernon as such fimits exisE at the time of the granting of the franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of t.he Constitution as that section existed prior to the amendment thereof adopted october 10, 1911. The acceptance of the franchise granted by this Ordinance shal-I operat.e as an abandonmenU of all such franchises, rights, and privileges within the limits of City as such l-imits at any time exist, in lieu of which the franchise is granted by this ordinance. SECTION 8: EMINENT DOMAIN. The granting of the franchise shafl not .in any way impair affect the right of the City to acquire the propertsy of the grantee purchase or condemnation, and nothing contained in this franchise shalI be consErued to contract away, modify or abridge either for a or by Eerm or in perpetuity the City's right of eminent domain. SECTION 9: VAIUE OF FRANCHISE. By acceptance of the franchise, the grant.ee, for itself, its successors and assigns, agrees that in any proceeding of any charact.er before any court, commission, administrat.ive body, board of arbitration or other pu-blic authority, no greater value sha11 be placed upon the franchj-se in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor aE the time of acguisition. SECTION 10: NONCOMPLIANCE. If the grantee of the franchise grant.ed by this Ordinance fails, neglect.s, or refuses tso comply with any of the provisions or conditions prescribed in this ordinance or t.he Franchise Act of l_932, and does not within ten (10) days after written demand for compliance begin the work of compliance, and after such beginning does not prosecute the i,rork with due diligence tso completion, the Cit.y, by its Cit.y Council, may declare the franchise forfeited. The City may sue in its own name for t.he forfeiture of the franchise granted pursuant tso this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. SECTION 11: CONFORMITY TO RIILES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this ordinance sha1l compl-y with aIl- of the ordinances and rules adopted by the City Council of tshe City of vernon in the exercise of its pol-ice powers and not in conflict. with the paramount authority of the Stsate. ALI work undertaken or performed pursuant to the provisions of the franchise shal1 be of t.he standard required by 1aw, and by any other body or governmental authority having jurisdlction in the premises. Where not. 4 in conflict with state 1aw, or other governmentaf authority having jurisdiccion in tshe premises, tow services sha1l be performed in accordance with the rul-es and regulations and ordinances of the City. SECTION l-2: INDEMNfFICATION. The grantee sha1l indemnify and hold harmfess the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION l-3: ASSIGNMENT. GranEee shalf noE assign or transfer any interest in the franchise without the express prior writt.en consent and approval of city Council. Any unauthorized assignments or tsransfer of Franchisee's right.s or obligations under this Agreement shall- be nuII and void and shaII consEicute a material breach by Franchisee of this Agreement. SECTION 14: PERFORMANCE BOND. (a) At the option of the City, granEee shalI either (a) reduce or eliminate any deductibles or self-insured retsenLions with respect Eo Ehe City, its el-ected of f ic j.aIs, officers, employees, agents, representat ives, attorneys, and volunt.eers; or (b) f il-e with the City Clerk a corporate surety bond running to Citsy and guaranteeing palrment of l-osses and r.elated investigations, claim administration and defense expenses. The bond shalf be conditioned t.hat. grant.ee shaI1 well and truly observe, fulf ill- 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 Citsy elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance. (b) Grantee shaIl maintain the bond in ful-I force and effect throughout the tserm of this franchise, at grantee,s sol-e 5 expense. The bond shall be issued by an admitted sureuy insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seg. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solefy for purposes of applicatsion of such 1aw Eo the bonding requiremenls of this section. SECTION 15: LIABILfTY. The grantee of the franchise under this Ordinance shal-f be Iiable tso the City for all damages proximaEely resulting from the fail-ure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937 . SECTfON 16: Repeal . Any ordinance or parts of an ordinance in conflict with Ehis ordinance are hereby repealed. SECTIoN l-7: Severability. ff any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this ordinance or any part tshereof is for any reason held to be unconst itsutsiona1 or invalid or ineffective by any court of competent jurisdiction, such decision sha11 not affect lhe validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted this ordinance and each chapter, article, section, subsection, sulrdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, sr:lcsections, su-bdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstiEutionaL , or invalid, or ineffective. 6 SECTION 18: Book of ordinances. The City CLerk, or Deputsy City Clerk, shal-l attest and certify to the adoption of this ordinance and sha11 cause this ordinance and tshe City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of ordinances of tshe Council of this City. The City Clerk, or Deputy CiEy C1erk, shall- cause this ordinance to be published or postsed as reguired by 1aw. SECTIoN l-9: Effective DaEe. This Ordinance sha1I go into effect and be in fuLl- force and effect aL 1-2:01 a.m. on Che thirty- first (31st) day after its passage. APPROVED AND ADOPTED this _ day of , 20L5. Name: Titfe: Nlayor / Mayor Pro-Tem ATTEST: City C1erk / oeputy city cferk APPROVED AS TO FORM: Brian w. Byun, Deputy City At.torney 7 STATE OF CAIIFORNIA ) ) ss COUNTY OF LOS ANGELES ) t,, CiUy Cferk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. L23l- was dufy and regularly introduced at a regular meeting of the City Councif of the City of Vernon, hefd in the City of Vernon on Tuesday, September 1, 2015, and Uhereafter adopted at. a meeting of said City Council held on Tuesday, following vot.e : , by the AYES: NOES : ABSENT: the ClEy of vernon. Executed this _ day of (sEAr) , 2015, at Vernon, California. City C1erk / Deputy City Cterk Counc i lmembers : Councilmembers: Councifmembers: And thereafEer was duly signed by the Mayor or Mayor Pro-Tem of 8 EXHIBIT A CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CIry OF VERNON AND U.S. TOW, INC. COVER PAGE Franchisee: Responsible Principal of Franchisee: Notice lnformation - Franchisee: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period U.S. Tow, lnc. Moshe Ben Dayan, PresidenVCEO U.S. Tow, lnc. 2'l 19 East 25s Street Los Angeles, CA 90058 Attentlon: Moshe Ben Dayan, PresidenUCEO Phone: (213) 749-71OO Facsimile: (213) 7 49-0272 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 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. ("Franchisee"), a Police Towing Company with its principal place of business at 2119 East 25t 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 lssued in or about March 2015, Exhibit A, and Franchisee's proposal to the City ("Proposal') dated April 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, 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 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 follows: Section 1. GRANT OF FMNCHISE. 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 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 Vemon, the provisions of Chapter 48 of the Vemon Municipal Code, the lerms and conditions specified in all related resolutions, the terms and conditions 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, 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, Franchisee 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 48.8 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 shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or ftactional 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 frfteen (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 ofthe 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, 2015,-and payments shall be due monthly thereafter on the 15h day ofeach month. 3.5 When Franchisee remits franchlse 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 ofthe Franchise pursuant to Section 14 of 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 (5olo). 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 Vemon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a pollce 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 $140.00 and the storage charge shall be $40.00 per day, unless or until otheMise 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 ofthe 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 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 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 DRIVER. REPORTING. COMPLIANCE. 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, lhat 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 palnted 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, 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 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 Vemon 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. 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 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 ofthe Vemon Municipal code or otherwise 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 of the 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 9607, and California Health and Safety Code Section 253M, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Sectionl0. INSUMNCEREQUIREMENTS. 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 Scooe of lnsurance Coveraqe. 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 single limit, against any bodily injury, death, personal injury, or property damage. ln 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. o (b) Automobile Liability of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence. (d) Employer's Liability of One Million Dollars ($1,000,000) per accident for bodily injury or disease. (e) Worke/s Compensation and Employer's Liability lnsurance in an amount required by law. 10.4 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) 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. 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 Lau 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 ofthis section. 10.5 Required 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, attorneys and volunteers shall be named as additional insured parties, and the policies shall specmcally state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (b) 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. (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. 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 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 CitVs Finance Director. 10.6 Required lnsurance Ratino. Any insurance policy required bythis 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 certiflcate or certificates of insurance. Said certificate or certificates 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 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 1 0.8 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 1 1. TERMINATION AND SUSPENSION. 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, 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. TEMPORARY SUSPENSION. ln addition to termination or suspension as set forth in Section 11, 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, 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 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 Pollce. Section 13. ACCEPTANCE. WAIVER. 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. 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 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- 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 default 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. o 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 Ure. 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 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. 14.7 INTERPRETATION. 14 7.1 App!,!E!,le!gu. 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 Aqreement. 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 effecl. 1a.7.a @[i!!. 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 lo 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 otheruvise 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 of the City of Vernon, this Agreement, the City's Request for Proposals for Official Police Towing Services, -10- and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14 7 7 D!pleelC_9ISj!e!.9. 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 FMNCHISE. By acceptance of the Franchise, the Franchisee, for itsetf, 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 of the 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 PMCTICES- 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, rellgion, 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 shall obtain, and pay any and all 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 entitled 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, promptly deliver the - 11 records to the City of Vernon or reimburse the City for all reasonable and e).tra 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, prlvate auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents, wanants 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 extent 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: Vernon 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, PresidenUCEO 21 19 East 25h 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]. -12- 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 U.S. Tow, lnc., a California corporation and California municipal corporation W. Michael Mccormick, Mayor Tifle: ATTEST: Maria E. Ayala, City Clerk Tifle: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney By: Neme: By: Name: - 13 - DATED: EXHIBIT A EXHIBIT A REQUEST FOR PROPOSALS -14- 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) 587-5f71 City of Vemon Franchise Tow Fee Pmgram Request for proposals 1. INTROOUCTIONANDPROJECT The City of Vemon seeks proposals from qualified bidders to enter into a franchise agreement to perform rotalional polic€ towirg and storage services. Services to be performed by the selected conlractor include vehicle towing and impound ssrvices as direcled by the Vernon Police Departmenl Based on the quality oI lhe proposals received, the City may consider aurarding a single tow frandrise contract, or multlple tow ftancfiise mntracts using a call-for-service rotation. The City does not expect to aware more than t!rc (2) francfiise agreements under the rotational sysEm, although City Councjl reserves fle right to award contracts at its sole discretion, based on the proposals submitted. The City will selecl no more than two (2) tow sErvice companies, based on demonsbated competence and a cost effective approach to design, conduct, and assist in the removal of vehides which are apparently abandoned, or driwn by unlicensed drivers, or drivers driving on suspended licenses, or involved in traffic collisions, or vehicles creating a traffic hazard due to mechanical failures. To be eligible for consideration, the tow seMce company's place of business and vehicle storage facility must be located within a seven (7) mile radius of the Vernon City Hall, located at 4305 Santa Fe Avenue, Vemon CA 9005E. 2, BACKGROUND The City of Vemon uas founded in 1905, is approximataly 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles Califomia. Over its long history Vemon hai been developed as an industnal comm'unity. At the tum of the 20c century the lands that make up Vemon were comprised targeiy of farmtands. The presence of three major rail lines in the ar€a led influential business and property owlers 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 1g2o's Vemon was atfacting large sbckyards and meatpacking facilities. ln the 1g30's Vemon became the location of choice for many heavy industdal planb. As ecommic condiuons changed o\rer the decades, these large scale induskial operations have relocated out of southem califomia and vemon has attracted smaller, lighter industrial facilities. Thecit/s business friendly environment, low cost utilities and key locatircn for trucking and rail transport continue to position VenEn as an ideal location br industrial uses. City Gov€mment: The City Council consists of five members, elected at-jarge, who serve fi\re-]Ear staggered terms. The City Council annually appoinb a Mayor and a Ma)@r PrD Tem from its own membership to serve one-year terms. -2- City ofVemon Franchise Tow Fee Program Request for Proposals Labor Force: Vemon has approrimately 250 employees, and its departments include a Fire Oepartnenl, Polic€ Deparimsnt, Finene€ Dopartmont, Public Wo*s, Water and De\relopment Services Departrn€nt, Gas and Electric Departmsnt and H€alth ard Environmentral Control Depa(ment. Present bargaining unib recognized indude the Vemon Police Oficers Benefit Association. VenEn Police Manegement Associetion, Vemon Firemen's Association, the Vemon Fire Management Association, lntamational Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3.@ESSED The selected tow seMce company shall be able to povide swift professional service in the removal of any vehicle, as directed by the Vemon Police Dopartment, from any City str€et. 4. SGOPE OF SERVICES REQUIRED The City of Vomon is seeking the serulces of a highly qualified tow service company b assist in: Under the terms specified herein as well as in Chapter 48 of the Vernon Municipal Code, Franchisee shall fumish impound, towing, and storege servicos to the Vemon Police Oepartment and the City as direcled by the Vemon Polioe D€parlment. To be eligible for a franchise, epplicants must meet lhe City's minimum requirements as speciFrod her€in. Franchisee will be equired to provide the necessary trained p€rsonnel, tol r lrucks and storage facilities to remver, if necessery, and remove vehicles and tractor/trailers in\lolved in collisions. Franchisee(s) must be able to tow and store vehicles impounded by the police, many tirnes in excess of 30 daysi and must be able to clean up and dispose of debris al the scene of an accident el which any vehicle to be tot ed hereunder nras involved. The average response time for any hirty day period puniuant to requests for to/v service by the Police Oepartment, mrrst not exceed turenty (20) minutes. The marimum response time for any sirEle requesl for tow seMce by the Police Department shall not exceed hirty (30) minut6. ln the event the Franchisee cannot respond within 20 minutes, lhe Franchisee shall immediately notify the Police Oepartnrent dispatcher and provide an eslimated time of anival. Franchisee must provide a dispatcher available onsite at the toyv facility place of business at all times for he immediate dispatching of torring equipment. Franchisee's place of business must be open fro.n 0700 to 1800 hours Monday through Friday. Altemate hou6, as directed ry lhe City, must also be available in order to accommodate Bp€cial City events. Failure or rBfusal to promptly relay the Police Dispatchels requests for towirE services shall constitute failure to compy with the requirements, tenns and @nditions of the agreement and may result in terminatbn of the agreement. All tow trucks shall be equipped as provided in the Califomia Vehicle Code. 3 City of Vemon Franchise Tow Fee Program Request for Proposals Franchisee's hucks shall be painted, free of major dents, and kept clean and in good wo*irp order. Official police tow services shall, at all times, have at least three fully equipped and operaUonal ton, trucks in service. Allof the tow t ucks in savice must have a minimum capacity of one (1) ton. At least one of the tow trucks in seNice must be a flatbed tow truck. At least one of the thre€ to\r, trucks in service must fleve a fiv€ ton (5) lifting capacity. Every official pollce tow seMce shall be equipped for and have personnel groficient in unlocklng locked vehicles when requestad to do so by polkle Department employees. Upon selection the Franchisee shall file witr the Vernon Police Department, the name, address, date of birth, driveds license number, and all other lnformation 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 lat6r than ten (10) business days folloring the effectiw date of hiring. The Francfiisee will be required to notify the Vemon Polica Oepartment of the name of any torll buck driver no longer employed by such permit holder. This rotification shall be given to the V6mon Police Depadment no later than ten (10) business days following the last date of the drive/s employment by the p€rmit holder. The Franchisee will b€ rBquirad to noufy tha Vernon Poiice O€partment of the idsntjty of any tow truck driver whos€ license is suspended. The operator shall not be auhorized to operate in Vermn unless the operator has provided proof from the Department of Motor Vehicles of the ability to operate a vehicle during wort hours. The Franchisee will be required to enroll and participating in a program with Califomia Deparlment of Motor Vehicles (DMV Pull Program) that notifies the Franchisee when their drivers have arry change to their driving status or record. This DMV program will alert the Franchisee lo any polential problem dri\r6rs. Franchisee will be required to comply with the Califqnia Vehicle Code and other applicable hws with r€gards to lien sales, including supplying a list of vehicles each month that the Franchis€e intends to lien sale prior to selling same for approval by the department. Franchisee is responsible for maintaining all documents ralating to lien salea 5. QUAUFICATIONS & CRITERIA A Qualifrcations: The City of Vemon will select no more than two (2) tow sorvice companies for all of the outlined Scope of Servic€ on the basis of qualifications, exp€rience, and oost. The follorring are the mirimum qualificatione to be used to evaluate responses lo this R€quost for Proposal: 1. Th€ applicants can satisfy the insurenca, business license, and tow operator permits requircments set forth in Vemon Municipal Code Chapter 48.2. The epplicants are qualifi€d on the basb of prior experience in the towing 4 City of Vemon Franchise Tow Fee prcgram Request for proposals operetion business and financial responsibility.3. All tow vehicles and equipment must comply with all state and appliceble federal requirements.4. The applicants can reasonably conducl an official police to^,ing service which complies with all of the requirements of Vernon Municipil Code Chapter 48.5 The applicants will accept all tow requested by the City, including tows of abandoned or dismanfled vehicles and/or tows requiring special- equipmenl. B. Soloction Crltoda: The City will conduct a compr€fiensive, fair, and impartial evaluation of proposars received in response to this RFp. All proposals received will be review€d and evelualed by a comminee of qualified personnel_ The name, information, or experience of the indivirual members will mt be mad€ available to any proposor. The Evalualion Committee will first revi€w and screen all propGals submitted, except for the cost proposals, according b the minimum qualitications set brth above. The folbwirg criteria will be used in reviewing ard comparing theprcposals and in delermining the highest scoring bid: 1. 40!o Qualifications, background and prior experience of the tow service company in the Service Area(s) being proposed, €xperience of key staff assigned to oversee services provided to Vemon, evaluation of siie and scope of similar work performed and success on hat work.2. 30% Cosl and fees to the City for handling matt€rs. Cost is not the sole determining factor but will be taken into consideralion. proposer must ofier services at a rate comparable to the rate proposer offers to other govemmental entities for similar work. Offering a high€r rate to th6 City than the comparable rate is grounds for disqualification of the proposei. lf retes differ for different types or leveb of seMce, or for differcnt SeMce ArBas, the Proposer should so state.3. 10eh Responsiveness to the RFp, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6, FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit swen (7) hard copies and one (1) electronic copy of their proposals in sufticient detail to albuv for a thorough evaluation and compara-tiveanalysis. The proposal shoub include, at a minimum, the following information in sectionalzed format addressing all phases of the work in the RFp. A. Format: Limit your proposal to 20 typed 0.5' X 11" pages, or fewer, on white bond paper of at least 2O+ound weQht single sided (exiluding cover leter and attachments. You may aHach a company brochure if )ou wish, but it must be as a seperate attachment and independent from thE required elem€ntrs noted ebow. 1. U_se a conventional typefac€ with a minimum font size of 12 points. Use a'l' margin on all boarders. City of Vemon Franchise Tow Fee program Request for proposals 2. Organize your submittal in the order described abov€. 3. Provide one (1) unbound original of your company's response and oneelectronic version (via en ail) to Captain Michael Gillmal mgillman@covpd.org 4. Prominently label tre package: "Franchlse Tow Fee program'and include the name of the primary contact for the respondent. Dei-ivar the rcsponse to: City of Venon Attent'on: Captain Michael Gillman 4305 Santa Fe Avenue Vemon, CA 90058 5. Responses are due on or before 5:00 p.m. on Aprit {6, 2015. Late rBsponse will not be accepted. 6, { you have any question about thb RFp, pleaso contact Captain Michsl Glllman at (323) 597-5171 ext. 1 15. Cov6r 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 submittral. lf the proposal contemplates the use of sub-contraclors, the sub_ contrac{ors shall be identiried in the cover lefler. lf the proposal b submiued by a buslness entity, the cover letter shall be signed by an ofiicer authorized to conkadually bind the business entity_ With respect to the business 6ntity, the cover letter shall also include: the irBntilication ofthe buslness entiiy, including the name, addess and telephone number of the buslness entitf and ahe name,-tifle, address and telephone number of a contact pe6on during the proposal evaluation period. lr roductlon: Presenl an intoductim of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employecl bythe proposer to ensure quatity deliverables that can be delivered witliin th; required time frames and your identified budget. General Soope of Work: Briefly summarize the scope of wo* as the proposer perceives or envisions il for each Service Area proposed. Work Plan: Pres€nt concepts for conducting the rrcrk plan and inten€lationship ofall projects. Define ths scop€ of each task including the depth and scope of analysis or research proposed. Foea and coats: Although an important aspect of consideration, the financial cost estimate will not be the sole justitic€tion for consideration. Negotiations may or may not be conducted with the propos€[ therefoG, the proposaliubmined should contain lhe proposefs most favorable terms and condlUons, since selecflon and award may be made without disqJssion with any low soMce company. All prices D E. F. -6- I I I I City of Vernon Franchise Tow Fee program Request for ?roposals H. 7. should reflect "not to exceed' amounts per item. proposer musl offer services at arate comparable to the rale proposer offers to other govemmentar entities for similar urork. offering a higher rate to the city than the comparable rate b grourds for dlsqualmcatjon of the Proposer. Abilig of the Proposer to Perform: provide a detailed description of the proposer and his/heriib qualifEatbns, including names, ti[es, detailed professional resumes and past exp€rience in similar srork efforts/products of key personnel who will be rrcrking on the assignment. Provide a list of specific reiaieO wo* prolrcts that have been compqe1j by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such projec(s). ldentifo role and responsibility of each member of the project team. lnclu-de ihl amount of time key personnel will be involved in the respectivts portons of he assignment. Respondents are encouraged to supply relevant examples of their prcfessional product. Proride a list of references. The selected torr service companies shall not subcontract any work under the RFp nor assign any work without the prior written oonsent of the City. Afridavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion.' (Copy attached as Exhibit A). At arry time prio, to the due date for respollses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allol^, respondents time to address such changes. Addeflda, chang6s, and amendments, if made, will b€ posted on the CiVs website (u^^,ur.cityofuemon.org), ufiich is deemed adequate notice. A proposer may make a requsst to the City,s project coordinator to be placed on a list of persons to receive notioe of any such addenda, changes, or amendments. The prefened manner of communications is via e-mall due to its timeliness. 8. CONOITIONS FOR RESPONSESTORFP The lollowing conditions appv to this RFP process: A Nothing contained in this RFP shall create any conhactual r€lationship between the respondent and the City. B. This RFP does not obligate the Cig to establish a list of service paoviders qualified as pdme conhactors, or award a cofitract to any respondent- Th6 City ros€ryes the right to amend or cancel this RFP without prior notice, at any tim€, ai ib sole discr€tion. C. The City shall not be lhbte for any expenses incun€d by any individual or organization in connection with this RFp. D. No conversations or agreements with any officor, agent, or 7 (r. City ofVemon Franchise Tow Fee Program Request for proposals emplo)€e of the City shall affecl or modify any terms of lhis RFp. Oral communications or any wrifl€n/e-mail materials provided by any percon other than designaied contact staff of City shsll not b€ considered binding. E. The City reservEs the right, in its sote discretion, to acrept or reject any or all Proposals without prior notice and to u,eive any minor irregularities or defucts in a proposal. The Clly reserves the right to seek clarification on a proposal with any source- F. The dates, times, and sequence of evenls related to this RFp shalt ultimately be determined by the Clty. The schedule showl] above is sublect to change, al th€ sole discretion of the City, atthough the City will aftempt to follolfl it and, if it must be altereJ, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any nevi6 release pertaining to this RFP, or lhe City without prior rvritten appro\ral of the City. H. All submitted proposab and information included therein or aftadlod thereto shall become public record upon deli\rery to he City Administrato/s Oflice. 9. RIGHT BY THE CITY TO WITHDRAI'Y THIS REOUEST The City may, at its sole discretion and for any reason whalsoev€r, withdraw this solicitation at any time. 10. LIVIITIG WAGE ORDINANCE The selec,led tow service companies shall pay qualifying amployees a rrage of not less than $10.30 per hour with health benefits, or $1 1 .55 per hour without health benefits_ The tow service companies shall also provide qualifying emplo)rees at least twelve da)ls otf 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 emploloi retalialion against an employee's complaining to the Gity with reg€rd to the employer's compliance with the living wage ordinance. The tow services compani€s, and any sub- contracto(s), shall comply with the City's Living Wage Ordinance. The cunent Living Wage Standards are set forth in Exhibit'D" of the slandard form franchise to/ving services contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. -8- City of Vemon Franchise Tow Fee Program Request for Proposals 11, STANDARD TERilS AND CONDIILONS Prior to the award of arry work her€under, City and proposer shall enter into the written contract for services attach€d h€reto aE Exhibit B. Proposers respondirB to this RFp are strongly advised to review all the terms and conditions of the Contracl The term of the Contract shall not exceed three (3) years, _o- City ofVernon Franchise Tow Fee program Request for proposals E'(HIBIT A AFFIDAVIT OF NON-COLLUSION - 10 - AITIDAVIT OF NON-COLLUSION EY CONTRACTOR STATE OF CALIFORNI.A COI,'NTY OF LOS AI{GELES ) )ss ) being first duly swom deposes and says that he/shc is of (lrErn 'S.t Own /, 'Prrm.t . 'Pltsiln! .S..,r.ry., Eor,tEryDFr titL) (Ir3n l|rl!. ot biilcr) who submits hacwidl ro *le City ofvgllon a bid/proposal; Thlt all Ja&rtntr of fact in such bidiproposal arc truc; That such bid/proposal w&s not made in the interesr of or on behalf of any undiscloaed pcrson, partncrship, cornpany, associstbn, organization or corporation; That och bid/poposal is gcnuinc ard not collusive or sham; That said biddcr has not, direcdy or indirccdy by sgrEemcnt, communicarion or conftrcncc with an5one ancmpted to inducc action prejudicial b .e inteEsr of the ciry of Veraon, or of any other bidder c anyme else inrcrcged in dre proposed conracq ald fiuther That pritr to the pblic opening ard reading of bidsrlmpcals, said biddet a. Did nor dfuBtry or irdL€ctry, induce or soricit anlone ers€ to submit a false or sham bid/propqsal; Did. nol directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or snyone else would submir a false or sham bid./proposal or rlrat anl,ure should rcfrain from bidding or withdraw his/tra bid/proposal; c. Did no! h any manner, direcily or indL€ctly seek by ag€emcnt, conununication or mnfererrcewifi anlone to rais€ or fix the bid/proposal price of said biddcr or of anlone else, or to raise or fix any overherd, profit or cost elernent ofhis/her bid/proposal pricc, or ofthat of anpne clsc; d. Did not, direcrly or indirectry, submit hivher bid,lropocal price or any bpakdown rhereof, orhe contents thercof, or divulge information or data relativc therjo, to any corpontion, bid dcpository, or to any mcmb€, or agent ts, qcept the City of VGnrorL or to any pe,tson al inrcrest widl said bidder in hiMrer brsirpss. I ccrti$ uadcr perulty ofperjury that the above informrtion is mnect Bla Title: Date: Mlrch 201 l City ofVemon Franchise Tow Fee program Request for proposals EXHIBIT B SIANOARD FORM CONTRACT - ll - CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. COVER PAGE Franchisee: [insert name of ftanchiseet Responsible Principal of Franchisee: [insert name, ti e] Notice lnformation - Franchisee: [insert name of ftanchiseel [insert street address] [insert city, state, zip oodel Attention: linssrt name, tiuel Phone: [inserl phone number] Facsimile: [insert fax number] Notice lnformation - Citlir City of Vernon 4i105 Santa Fe Avenue Vemon, CA 90058 Attention: [insert d€partnEnt headl linsert department h6ad titl€I Telephone: (323) 583{811 ext. linsed] Facsimile: [insert fax number] Commencament Date: linsert commencement date] Tarmination Date: linsert termination date] Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City purcuant lo Section 5 of this &roement. Records R€tention P€riod [insert number of years contractor must retain recordsl March 2015 This Agreernent is made and entered into tt'), aCalifomia charter City and Califomia municipal co ("Franchisee'), a Police ToilrE Company with its C ty, -- (collectively, the 'Parties') to provide for towing services lo the TIE Parties agree as follo$,s: RECITALS WHEREAS, Frenchisae sha lorth in the RequeEt for Proposal da Citv ('Prooosal') dated lnto this Aoreemenl bv reference. WHEREAS, EJrsuant to Chapler 48 of the Vemon Municipal Code, Franchisee hasapplied for a Police Toudng Franchlse (.Franchise.); and WHEREAS, the City Council has held a public hEaring for th€ purpose of hearingpersons in favor of or in opposilion to the granti rg of such Franchise; and wHEREAS, the city councir has determined that Franchise€ has d.monstrated cornpliance with chapter 48 of the vemon Municipal code and has agreed to comply with allprovisions of that Chapter; and WHEREAS' it is required that city and Fmnchisee enrer into I Franchise TowinoSeMces Agreement ("&reerenf ) for Police Towing services in the City of Vemon: ani WHEREAS, additionar conditions have been imposed upon thrs grant of Franchise. NOW, THEREFORE, tha parti€s do hereby agree as follows: S€ction 1. GRANT OF FRANCHTSE. city grants to Franchisee a police Towing Franchise authorizing Franchrsee to engage In.lhe -business of Polica Tou/ing as set forth in chapter .lg of the VemJn Municipel coae i-n itrecity of vemon and to use th€ public streets and ng'hts of uay for sucfi purpose. This grant ispursuant to the city's Request for proposal and to Franchisee's proposal ior the Franihise. Franchisee is subiect to the tBrms and condiflons specifiod in sectlon 8.9 of he chansr Jtheclty ol vsrnon, the provlsions of chapter 48 of tha vemon tr4unioipar cooe, tne ti-iino -.'- corditbns specified in arr rerated resoruuons, the brms and condiiions of nb ag;".";t, h"representations and assurances in Franchisee's applicatbn for the Franchise. Section 2. TERM OF FMNCHtSE. CITYOF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. The term of this Franchise granted ro Frenchisee shefl be for ihree (3) years, fromloinclusive. March 2Ol5 Section 3. FMNCHTSE FEES. 3.1 During the term of the Franchise, Franchisee shall pay f'=nchise fees to e 3.2 Franchise shall timely pay a required franchise fees to: Finance Department - Director of Finance City of Vemon 4l!0S Santa Fe Avenue Vemon, CA 90056 Eacfi payment shall be accompanied by a written statement, verified by the Franchisee or a dulyauthorized represenhtive of the Franchise. sh )wing in such form and aelail as the Dkector ol- ' the Department of Finance may prescrib€, the calculation of the franchise tee pavaore uy tniFranchlse€ ard such oth€r information as ttp oirBctor of the Departmerit of Fi;"nce ,ayrequir€ as material to I determination of the amount due. 3.3 and payments shall The first payment of the franchisa fee will be due on be due monthly thereafter on the 15u day of each montEl 3'4 when Franchisee remits ftanchise fees the city, such franchise fees sha not nt percent (570). Section 4. TOWTNG SERV|CES. 4.1 Franchrseo shal provide porice Tor/ing seMces, as set forth in Exhibit A,whlch is the civs Request for proposals for officiat police Tow services, and whicfi inctuoes, ' but without ltmitation, stricfly adhering to scheduies, stiandards for tou, truck equip inspection, information regarding new or set lorth responservices lprovisiregulatio Chapter 48 of the Vemon Municipal Code. 4.2 Franchiseo und€rstands and agre€s that, although the City is grantiqg itafranchise as a police towing service, the city m"y req-uisition towing se-rvices froir otEo.",ii*providerc a6 set forth in soction 48.12 of thi vemon Municipal coJe, or if FranchGe is - -- otherwise.unavailable for a_ny reason, in the reasonabb aisdretion of the Vemon ctriet or potice ano rncruorng, but wrthout limitation, su6pension or tErmination of the Franchisee. March 2015 Section 5. RATES. CHARGES AND PAYMENT. Franchise Southem LosAngel the impound shall be otheIwise modifie be conspicuously Il place in the interior of each tow truck operaled cleowners the option of payment by Maslercard and visa. Franchisee must provid€ for after-hours releases of \rehicles, and may collect an after-hour release fee. As partof the award offranchise the City Council will be requested to establish an after-hours release fee not lo erc€ed % of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall fite a npnthly towing report with the chief of police along with payment of ils monthly frandrise fees. The report shall be submitted to: Chief of police Vemon police Department 4305 Santa Fe Avenue Vemon, CA 90050 The report shall include the information required by section 49.10(H) of the vemon Municipal code for Franchisee and ils srrbcontsactors, certified as true and consct under penalty of ' perjury by a responsible owner or official of the Franchisee: Section 7. FMNCHTSEE'S RECORDS. 7.1 The Franchisee shall maintain accurale and cornplete books and accounts of all revenues and income arising out of ils operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee,s books. accounls and remrds, arising out of or related to its operation under ttp 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 ihown in thisAgreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perlorm police Towing seMces in connection with the Franchise to keep and maintain books of account andother records showing all business Fansactions conducted by such subconfactors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication ofreporting betn een Franchisee and its subcontractors. Section 8. 8.1 Fanchisee sha maintaan on fire with trre city, a comprete and accuratelisting of every rrehicre operated by Franchisee for porice towing services. Franchisee shacertify, In a form acceptable to city, that every such vehicle coiforms with regional and state March 2015 vehicle emission stardards ('emission standards'), and shal provide documenraton ofcomplianoe.on written request of the city. Franchisee unaersLnos "no "gr"o it ri riirrr" toconform with emission standards may resurt in suspension, termination oinon-ran"*"i or "'-Franchise- services in or insignia, d upon both 2-11€ in number and al orher informarion wirhin 30 *b,ImffJ?ft:"Rffi?ffi"',ffi irHfl:;J:l'3: the vehicle is sob, transferred or taken out of sen ice_ 8.3 Franchisee shall fite witrh the Vemon police Department, the name,address, date of birth, drivers license number, ard all identification requir6d oi any to* unitdriver working for Franchis€e, whether as an emproyee or as a contraitor, which information date of employment or within ten (10) ny tow unit driver, and hisee. Section 9. |NDEMN|F|CAT|ON OF CtTy. the City harmless from and against expenses, fines, charges or , regardless of the morit or outcome anner related to the services provided or mon Municipal Code or otherwise pursuant to 9.2 Franchisee shall indemni City, protect and hold hermless the City, its o al or administrative proceedings. interest, fines but not limited to, attorneys, and expert witness this indemnity) of any kind whatsoever paid, City or its officers, employees, agents or the repair, rem6diation, cleanup or detoxification, or removal, remedial, response, or closure or other ous rarast€ at any plac€ The for€oing indemnity is Environmental R€sponsa, and California Health andSefety Code Section 25364, and.any successor provisions, to insure, protect hold hamless,and ind€mnify the City fiom liability.- March 2015 Seciion 10. INSURANCEREeUTREMENTS. 10.1 Franchiseo shall, at its sole cost and expense, proanre and maintain in fullforce and effec{, throughout the term of this Agreement, inclusive of any reneural term granted by City, insuranoe ageinst cla)ms for injuries to persons or damages to pr6perty whic*r miy arise fr6m orh enb, I 'p.,4" verlfylng the existence of such policies: " the citv' 10-2 Mlnimum scooe of lnsurance coveraoe. Franchisee shall procure and maintain policies of insurance wilh minimum scqes of coverage AT LEAST as broad as the following: (a) ComprehansiraeGaneralLiabilitylnsurance. (b) ComprehensiveVehideLiabilitylnsurance. (c) Worfters' Compensation lnsurance as required by the State of Califomia and Employe/s Liability lnsurance. 10-3 Minimum Llmits. vendor shall maintain insurance wilh minimum limits No LESS THAN the following: (e) cenerat Liabitity of Two Mlllion Doltars ($2,000,000) for each occurencs and in thc eggregEte, combin€d single limit, against eny bodily injury, de8th, perEonel injury, or property damage. ln Comprehensive Gen.ral Liability lnsurance or othar fom in which a general aggregate limit is used, the general llmit sha apply s€paratery to this Agre6m6nt or th€ gsneral limit shall be TWICE the required occunence limlt. (b) Autorfiobite Ltablity of One Million Doltars ($1,000,000) per accident for bodily injury and proporty damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Tvro Hundred Flfty Thorcand Doltars ($250,000) per occunencE. (d) Emdo)€r's Liabitity of One Mi ion Do ars ($1,000.000) per Eccident for bodily injury or disease. (e) Wor.i<er's Compensation and Employerrs Liability lnsurance in an amount required by law. 10.4 Deductibles. Any deductibles or self-insured retentions musl be declared to andapproved by the City. At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions asr$pect to the City, its elected and appointed otficials, ofii@rs. emplqrees, agents, represenE ti\res, attorne]rs, a nd volunteers: OR (b) Procure a bond, guaranteeing peyment of losses and rolatBd inv€stigations. claim administlaton and defense expenses. March 2015 .. 10.5 Rquired. Endorse.me.{rts.- All of the policies required bythis Agreement shallcontain, or be endorsed to contain, the following provisions: als, officers, emplolrees, agents, named as additional insured parties, .n,o,",, !5?3.,?ijill13'{,lx".Hicies anords (b) The insurance coverage pmvided b any coverage available to the Cjty. Any insurance its oricers. ofilcials, emplolees or votunteers shall insurance and shall not contribute wilh it. the scope of mployees, expressly s, officers, rneys or volunteers. (d) Any failure to comply wi of the polioies induding breaches of wananties shall the Ciiy, its elEcted and appointed offcials, officers, tatives, anomeysor volunteers. (e) The insuramr coverage shall apply soparately to each insured againstwhom claim is made or suit is brought, except wifi respect to the rimits of tre inJurer,iliability. (f) Each insurance policy required by this section shall be endorsed to statethat coverage SHALL NOT be suspendod, voidid, and/or cancered by either parry, anJ that there sharr be no reduction in the amount of coverage or in the limits "ppiic"bt"therelo EXCEPT after thirty (30) days prior written notice has been given td ir.,e citv, saiowritten notice to be delivered by U.S. Cedified 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 uraiver is in writing and executed by c'liy,s Finance Director. . .. . 10:6 8gg!ired_hsura&e8g!!q. Any insurance poticy required by this Agreementshall be placed with an insurer admiued in the State of caiifomia with a curreflt A.li. Besrs rating of NO LESS THAN B+:Vll in the latest edition of Best's lnsurance Guide. the term of this Agreement, a certificate or certificatss of in errecr in the required amounrs and sha, *",","1X""iT'n*JflilITt':IJ:,?3ll?ii "'"seclon !0.3. Franchisee shall, prior to commencement of work undef this Agreement, file withthe city Finance Direcbr the original cerflficates effecting coverage required 6y this section ofthis Agreement. The endorsements are to be signeo oy'lne person auitrorized by ttrat insurer to March 2015 bind coverage on its behalf. The endorsements are to b€ received and approved by city beforeFranciisee commonc€s op€ration under the torms of lhis Agreement 10.S Franchisee agress that if it fails to keep the aforsaid the City may, at its sole option, eithei (iy rmmediat€ly terminete this Agr€€mant or, (ii) if insurance is availabie at a reasonabl€ cost, th j ' city may lak6 out the neBsery insurance and pay, at Franchisee,s cost end €xp€ns6, thepremium th6reon, Section '11. TERMTNATTON AND SUSPENStON. - . The City may terminale lhis AgraamenL without cause, by giving the Franciis€e thirty (30) termination and the effecllve Oate ilireof, The City mayterminate , by giving the Franctrisee (.10) days writtsfl notice of suinterminatio reof. Canr lhticn for cause shell be at the dbcrdion ofhe city and shall be, but is nol llmited to, hilure to supply the materials, equipm€r or service specmed within the time allouEd or within lhe terms, conditions or provisions of this contract. The Frandlisee m8y not cancel this Agr€€ment without prior written cofls€nt from the Vemon Chief of Polica. Seciion 12. TEMPOMRYSUSPENSTON. ln addition to termination or suspension as set forth in sectioa 'l 1 , above, he chief of Polica may temporarily suspend any Franchisee without a hearing, whensver he oontinued operation by the Franchbee would constitute a danger to pubiic heahh, saf€ty. n €lfare s pubfic morals, incfirding, witho/t limitation, where there is i failurg to maintsin the niinimum leveb ana stendards of liebility insurance or claims reserv€ o. failure to ke€p in fullbrce and effect any applicablB liconses or permib required by federal, state, local taw, or regulation. The notice of temporery suspension may be p€rsonally deli\rered lo the parly nam€d and to the address given on the applicalion Frrsuant to tvhich such Frarrchise was issued and to the notice address steted herein, il differenl or, mailed by registerEd or certafied mail to the psrty mmed at the address given on the applicalion pursuant to whrch such Franchise was issued and to ths noticG address ststed herein. if differenl Noh,t ithstanding other notce provisiofis of this Agrcement, the temporary suspensbn is effective upon the earlier of eilher receipt or the exphation of 3 da),s from the dale of mailing. The notice of temporary suspension shall include a nouce of the date and time for terminalion heanrB and all other information required by the Vemon Municipal code. The lemporary suspension strall remain efiective until tre decision on suspension or termination is made unl€ss the suspension is lifted by written notice of the chi€f of police. Section 13. ACCEPTANCE. WA|VER. Franchlsee agrees to be bound by and comply with alr tho requiremenb of chapter 48 and lhis Agrromant. By entering into his Agreement, Franchisee waivcs, to the maximum extent p€rmifted by hw, Franchis€e's right to chaflenge the terms of this Agr€ement and ofchapter 48 under federel, state or local law. or undeiadministrative regulaibn, as suctr laws and regulations €xist es of th€ dat6 of signing of this Agr€em€nt. Section 14. GENERAL TERMS AND COND|T|ONS. 14:1 INDEPENDENT STATUS. lt is understood thet in the performance under this AgEem€nt, Franchiss€ shall be, and is, an independent operator. and is not an ag8nt. March 2015 contraclor, or €mployee of city and shall fumish services in ils own manner and method. ht to exercise full control over lhe empbyment, Isons emplo!,6d by Franchis€e in its business ibh for, and shalt ifttemniry, defend and sav€ snt of its employeos, including compliance s, salaries, benefils, taxes, exactbns, andregulations of any nature whatsoe\Er, 14.2 FRANCHTSE Nor AGENT. Franchisee and its subcontracto^ shal have no authority, express or implied, to ect on beharof or bind the ciy in any capactty whatsoever as ag€nts or otheMise. 14.3 WAIVER. The Clty's waiver of any term, condition, brosch or default ofhis Agr€€rngnt shall not be considored to b€ a waiver of any other lem, condition, d;huli;; breach, mr of a subs€quent breach of he one weiv€d, 14.4 NO ASSTGNMENT. The Franchise€ shall not assEn or transfer anyinterest in his Agreement without the express prior written consent and approval of city ' Council. 14.5 coMpLrANcE wrrH LAws. Franchisee shalr compty with alr Federar,state, cou-nty and ciry b'r,s, ordinancos, re,solrtlons. rures and regurationi, -whicrr are, as- -' amended frorn time to time, incorporated herein and applicable to-the performance hereof. 14.6 ny action at law or in equity is brought toenforce or interpret th the prevailirg party shitt 6e entittei to reasonable attom€ys disbursemenls in iddition lo any othsr relief towfrich such party may be entitled. 14,7 INTERPRETATION, 14.7.1 AESI!9gEE@. This AglEement, and the rights and duties of theparties hereund er ibotn procetEiffiEf6Tt"ntG l, irr"ii G sovemed and construed according to thB lau,s of the State of California. 14.7.2 Enflre Aoroement. This AgrB€ment. including any Exhibits ettsched hereto and any doqJmenb explicidy referenced herein, conslitutes the entire agreamenl and under5tanding belw€en the partbs r€garding lts subject nEtter and supersedes all prior or contemporaneous negotiations, represenutions, understindings, -rr"uporiotn"e,doarmentation and agreements (written or orel). 14.7.3 Written Ameldment. This Agreement may only be changed bywrit€n amendment signed by Franchisoe and the city Administrator or othei authorizedrepres€ntatlve of the city, subioct to any requisite authorizalion by the city council. Any oral rEprEsenletions or modihcstions concerning this Agreement shall-be of no force or elfeci. provision in this Agregment is held by any l, void, or unenforceable, euch porlion sh;ll be maining provisions shall nevertheless continue alid, illegal, or unenforc€sble portion had nevEr March 2015 14.7.5 Choice ol Forum. The parties hereby agree thal his Agreement is to be enforced in accordance ,,iGTElEGiJlhe State of Catifomia, is entered inu ind is to be performed in the city of Vernon and that all claims or controv€rsies arising outof or relat€d to performance under this Agreement shall be submitted to and resolved in a forurn within the County of Los Angeles at a place to be determined by the rules of tha frorum. 14.7.6 Order of Precedence. lncaseof conflicl b€tu€€n lhe terms of this Ag.eement €nd the terms contained in any documsnt attached as an Exhibit or otherwise Incorporated by reference, the ordBr of precedencs is as follows: Cherter the City of Vemon, the Vemon Municipal Code, the ordinance granting this Franchise, resolutions of lhe Ciry of Vemon this Agreement, the City's Req u€st for Proposals for Oflicial Police Towing SeNicEs, and Franchisse's Response to the CJty's Request for Proposals for Officiel police To ing Services. 14.7.7 Duplicate Orioinals. There shall be two (2) fulty signed copies ot this Agreernent, oach oI which shall be deemed an original. 14.8 AUTHORIry OF FRANCHISEE. The Franchisee hereby represents and wananb to the City that he Franchisee has the right, power, l€gal capacity €nd authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized, Section 15. ADDITIOML ASSUMNCES. 15,1 EOUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisae certifies and reprssents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shal adhere to equal opportunity employment practices to assure thal apprigsll= and employees are treated equelly and are not discriminated against because of their racs, religion, color. nationat oririn, ancestry, drsability, sex, age. medic€l condilion, maritat status. Franchisee further cerb.fies tiat it will not mainlain any segregated facilities. Franchisee further agrees to comply $rith The Equal Employ,ment Opportunity Practic€s provisions as set forth in Exhibit "C". 15.2 BUSINESS LICENSES. Franchisee shatt obtain, and payanyand a costs associated herewith, any Vemon Business License, which may be rcquired by the Vernon Municipal Code and all permits, and licensBs applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmenlal agency. 15.3 MAINTENAT.ICE AND INSPE9 ECORDS. The Cily, or its euthorized auditors or representa ves, shall have acoess to and the right to audit and reproduce any of the Franchbee's records to the extent the Ctty deems nBcessary to insure it is receiving all money to which it is entiued under the Agreement and,/or is paying only he amounts to which Franchisee is properly enti ed under the Agreement or for othor purposes relating to the Agreement. The Franchisee shall maintain and preserye all such records for a period of at least 3 years after terminalion of the Agreement. The Franchisee shall maintain ell such rocords in the City of Vernon. lf not, the Franchisee shall, upon request, prmiptly dellver th€ records to the city of vemon or rBimburse March 2015 the City for all raasonable and extra costs jncurred in conducting the audit at a location other than he city of vernon, including, but not limited to, such additional (out of the city) expenses for personal, salaries, private audilors, trevel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby reprasents warrants and certifies that no member, offr,er or employ€e oJ the Franchisee is a director, offrcer or employee of the Clty of Vemon, or a member of any of ib boards, oommissions or commifte€s, except to the extent permified by law. S€ction 16. LIVING WAGES. Franchisee, and any subconb8cto(s), shall comply with the Citys Uving Wee Ordinance. The current Laving Wage Siandads are set forlh in Exhibit .D.. Upon ne eiyJ requesL certified payroll rEcords shal{ prompfly b€ provid€d to the Caty. S€ction 17. hoTlCES, Excepl as othe ris6 provided in this Agr€€ment, all noticEs rEguired by this Aore€ment or by Ghad€r 48 of the Vemon Municipal Code shall be ginen by p€rsonal seMce or by daposit in he Unit€d States mail, po,strge pre.paid and retum receipl rBquested, addrsssed to the parties as follows: To City: Chief of Police Vemon Pdbe Departmont 4305 Sants Fe Avenue Vemon, CA 9005E C;opies to: Director ol Finance City of Vemon 4305 Sanh Fe Avenue Vernon, CA 90058 Franchisee: Notice shall be dEemed efiective on thB date p€lsonelly served or, if mailed, thre€ days ths date deposited in the mail. [Signatures Begin on Next Page]- MarEh 2015 lN WTNESS WHEREOF, the Parlies hereto have caused this Agree.nent to be executed by their duly authorized representalives as of lhe date set forth belolv. City of Vernon, a Cafrtomla charter City [FRANCHTSEE'S NAME, a [SEte and California municipal corporation incorporaled in] corporation OATED: Mayor / Malor Pro-Te, Name: Titte: ATTEST: Maria E. Ayala, City Clerk Ti[ei APPROVED AS TO FORM: Hema Patel, City Attomey By: Name: March 2015 DATED: EXHIBIT A REOUEST FOR PROPOSALS March 2015 EXHIBIT B FRANCHISEE'S PROPOSAL March 2015 B. EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contr*tor certifies and represents that, during the performance of this Agre€ment, the contracbr and each subcontractor shall adh€re to equal opportunity employment pradices to assure thet apdicanls and emplry€es are treated equally and arc not discriminaled against becsuse of their race, religious creed, color, national origin, anc€stry, handicap, sex, or age. Contractor furthsr csrtifli€s that it will not maintain any segregated hciliti.is. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, stale thal it is an 'Equal Opportunity Employer" or that all qualified applicants will receive consideration for employrnent without regard to thek race, religious creed, crlor, national origin, ancestry, handicap, s€x 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 his Agreement, discriminated against applicanb or emfloyees because of their mernbership in a protected class. Contractor agreos lo prwide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records p€rtaining or relating to its employrent practic€s, except to th€ extent such records or portions of such records are confidential or privibged under state or federal law. Nothing contained in this Agre€ment 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 Vllaqes: A requirement that Employers pay qualifying employees a wage of no less than 9,10.30 per hour with health benefits, or $1 1.55 per hour wihout health benefits. Paid and Unpaid Davs Off: Employers provide qualifying employees at leest twel\,e compenseted da)6 off per yoar for sick leave, vacation, or personal necessity, and an additional ten days a )€er of uncompensated time for sick leave. No Retellatlon: A prohibition on employer retaliation against employees complaining to the City with regard to the employe/s compliance with the living wage ordinance- Employees may brirE an ac{ion in Superior Court against an employer lor back fray, treble damages forwillful violations, and atbmey's fees, or to mrnpel City officials to terminate the service confact of violating employers. March 2015 EXHIBIT B EXHIBIT B FRANCHISEE'S PROPOSAL -.t5 - FRANCHISE TOW FEE PROGRAM PROPOSAL Made To The City of Vernon Police Departmert 4305 Santa Fe Avenue Vemon, CA 90058 Made By U.S. Tow, Inc. 2119 East 25s Street Los Angeles, CA 90058 I i 19 E. l-5lir Stree t les. CA. 900-;8 April 16,2015 City of Vernon Police Depaftment Attention. Captain Michael Gillman 4305 Santa Fe Avenue Vernon, CA 90058 RE: FRANCEISE TOW FEE 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 Vemon Police Departrnent. Competitive Position U.S. Tow, Inc. originated in 1983. The firm has served the Los Angeles Police Departrnent as the Offrcial Police Garage for the Newton Division since 2004. It additionally serves other govemmental entities including the City of Los Angeles Department of Trar:sportation, the Califomia Highway Patrol, the Los Angeles County Sheriff s Departrnent, the City of Los Angeles Housing Authority, the University of Southem California Department ofPublic Safety and the City oflos Angeles School Police Departrnent. Experience/Management U.S. Tow, Inc. was acquired by Moshe Ben Dayan in 2013. h/ft. Ben Dayan assumed the ownership of U.S. Tow with a wealth of previous towing experience. He founded and has operated Classic Tow, Inc. 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 governmental entities. I City of Vemon Police Deparfrnent 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 frm's business with professionalism and integrity and it stands ready to provide excellent service to the City of Vemon Police Deparfrnent. Additionally, the hiring and training procedures utilized by U.S. Tow are stringent, and we consider it our utrnost responsibility to continue to enforce these procedures in the future. Site U.S. Tow has the distinct advantage of having an existing site located at 2119 East 256 Street, Los Angeles, which meets all current zoning regulations. This site is located directly across 25ft Street from the northem boundary ofthe City of Vemon, thereby providing us with immediate access 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, lighted, 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 serve all ofour 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 of eight units including five flatbeds and three wheel- lift/staadard duty trucks. We additionally have three heavy duty trucks and one healy 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 adap 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 difFrcult situations arise and our "team" philosophy ofoperation allows us to proactively handle these situations before they become problematic. City of Vemon Police Department Apnl 16,2015 Page Tkee of Three Management Moshe Ben Dayan, the President/CEO 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 commitrnent until his purchase of U.S. Tow in 2013. Authorized Contact The person authorized to represent U.S. Tow in negotiations wth the City of Vemon 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 Vernon on behalfof U.S. Tow and is the contact point for any questions or concerns relative to this Proposal. This Proposal will remain valid for a period ofnot 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 Tax ID#90-1014831. The corporation was founded in 1983. Moshe Ben Dayan is President/CEO of the corporation aad Stephanie McColgan is Vice President and Secretary/Treasurer of the corporation. The address of U.S. Tow, Inc. is 2119 East 25u Street, Los Angeles, CA 90058; the telephone number is (323) 870-7100 the FAX number is (213) 7a9-0272; and the e-mail address is moshe@ustow. com. U.S. Tow currently meets all Federal, State and Ciry requirements and there are no changes necessary or requirements unmet for us to operate the Franchise Tow Fee Program for the City of Vemon Police DeparErent. Our site is operative, our office 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 aad Secretary/Treasurer President/CEO -ll1- INTRODUCTTON U.S. Tow, lnc. has served as the Offrcial Police Garage for the Newton Division of the Los Angeles Police Deparhnent for the past 10 years. ln this capacity, we have been responsible for towing and storage sewices for the LAPD, the Department of Transportation, the Los Angeles Unified School Distnct 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 sfiong 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 Departrnent, we would view ourselves as having a specific contractual obligation to Vemon and it is twofold: (1) every single day of the year and every single hour of each ofthose days we must provide an organized, timely response to the ofiicers of the Vernon Police Departrnent 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, empatletic service tkoughout the release. We must additionally create accurate and complete paperwork as part of tlis entire process. For those vehicles that are not released and must instead flow tbrough the lien process, a completely different set ofrules governs. This process also requires stringent controls and strict compliance with the law. We will be dedicated to providing sewice to the City of Vemon while, at the same time, maintaining strong standards of quality and safety for our customers - just as we currently do for the LAPD. U. S. Tow has through the years of its operation developed strong training processes for every one of ow staff persons. We consider these to be the core of our association with the LAPD, DOT, other City agencies as well as our private clients. We continuously leave no detail ofour employee trainng to chance, making every effort to provide our staff with training t}at is comprehensive and meaningful. As a resuit, 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 inveshnent in the commrmity 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 Vernon's Police Force and the customers of our firm. Moshe Ben Dayan has had a sterling record of performance at his Classic Tow, Inc. dba Tip Top Tow Service for 25 years as his references and contracts will attest. We bring to this submission our have it We do not requke tow equipen! long- commitment to strong performance at all VEHICLE IMPOIIND INFORMATION CENTER The futue of towing management is happening today at U'S' Tow' lnc' with our Vehicle f-p.""a l"f".""too C"otlr 6Vnq' VII' featues were developed by us with the help of law enforcement and have be Thi system is not an off-of-the-shelf and our law enforcement clients to oversee to provides d to be used bY for use bY the general public . VIIC REPORTS The VIIC system provides our law enforcement customers with real-time reconciliation andauditing ter system that cannot be altered' This system provi reports that can be downloaded into a CSV fiie for the D ht VIIC system features include: . Detailed monthly activity reports which show all impound and storage activity; . Vehicle reports which show vehicle date in and date out; . Vehicles by "hold" status; . Gross revenue remittance reports; and . Vehicle reiease fee remittaace reports. LAW ENT'ORCEMENT ACCESS AND INT'ORMATION TheVllCsystemallowsauthorizedpersorureltoquicklyandaccuratelytrackvehicles' thus ensuring the proper collection oi fees for towed and impounded vehicles' Throug! secur"d lnte et uccess http://www.opelaviic'com or by stand-alone computers located within authorized law enforcement facilities, users can obtain immediate access to information pertahing to impoundeil vehicles 24 hours per day 7 days per week This i,fo.-utio,"o*istso-fseveralcomPonentsincludingvehicleinventoriesbyvehicle make, license plate, VIN and origilal tocation of the impound' PI]BLIC ACCESS AND INT'ORN'IATION Although the bformation available to law enforcement agencies is more comprehensive that thaf available to the general public, the VIIC system also p:ovides the public with valuable real-time i::formation which facilitates the location of impounded vehicles' wituthevucsysterlthepubliccandetermilethelocationofvehiclest}roughlnternet ,.""... f"qrit"i search iniormation includes the license plate m:mber and \7IN Once the vehicle is located, the VIIC system provides the U S' Tow name and address' Jirections to our facility, r"lease Lo*s,iees incr:rred and a simple matrix by which fees can be calcr:lated. 2 GENERAL SCOPE OF WOR]U WORI(PLAN 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, modern 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 towrng 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 way in which a towrng operation facility should appear. Our property contains 17 4,240 square 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 2013. The initial lease term is for five years and runs from September,2013 to September, 2018. Following that period, we have two options offive years each, with the lease ultimately terminating in 2028. Administrative Facility Our facility conlains 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 arca, anIT area, a classroom/break room for company and community use, an Evidence Hold Area and ancillary storage space. Evidence Hold 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 Evidence Hold Area which is protected by one metal roll-up door and a bullet proof ballistic glass pedestrian door as well as an evidence property Ioom. Our Evidence Hold area has a speiifically desipated inspection area which is accessible only to designated U.S. Tow personnel and Police officials. Indoor Workshop Our facility has an indoor rvorkshop for the storage of heavy equipment. Our faciltty additionally contains one four-post hydraulic lift, two air compressors, tkee propane forklifts, one tire changing machine and one digital scope camera. Physical Location The facility of U. S. Tow is located at 2ll9 East 25s Street, directly across 25ft Street from the northem boundary ofthe City of Vemon. TOWEQTIIPMENT The staff and maaagement of U.S. Tow, Inc. have many combined years of experience with various t1,pes of tow equipment. This experience has resulted in the knowledge that deploying the correct equipment is critical to the efficiency and success of Offrcial Police Tow operation. A11 ofour tow equipment is equipped as provided in the Califomia Vehicle Code. Another very important element for our operation is that our tow drivers have the best aad most appropriate equipment to complete tasks in a damage free and expeditious manner. The area in which we are located has a diverse impound environment. Vehicles often are stripped ofmajor components such as wheels, engines and body panels and sometimes are burned and/or wrecked. A1 the other end ofthe spectrum, we handle custom and high value vehicles. Our equipment, including flatbeds and wheel- lift/standard duty trucks as well as heavy duty equipment including trucks and a trailer, is engineered to accommodate these diverse situations in a timely and effrcient manner. Our wheel-liff/standard duty trucks have been engineered and manufactured to be efficient and fast, thereby providing for the immediate removal of vehicles from major thorougMares. With these trucks, peak hour tow away zones can be cleared expeditiously to relieve fiaffic congestion and provide the public with clear paths to their destinations during heavy traffic periods while allowing City personnel to respond to other duties without unnecessary delays. With the utilization of experienced and trained persomel, an impounded vehicle can be removed in just minutes by a wheel-liff/standard duty truck. WheelJifts additionally provide damage free towing by lifting vehicles by otrly their tires. Body panels, front ends, bumpers and under carriages ale not touched by the towing unit, thereby ensurhrg damage free handling of towed vehicles. Wheel- lifl./standard duty trucks also allorv efEcient towing from parking garages and towing from off-road areas. our flatbed carriers have been selected to provide efficient and damage free vehicle removal and transport. vehicles with extensive damage, missing wheels or which are heavily bumed are suited for removal by flatbed. Flatbeds also are well suited to hybrid, electric, exotic and custom vehicles. In addition, bulk items such as cargo from damaged vehicles, large or heavy vehicle components from "chop shops," motorcycles or stolen vehicies can be safely loaded onto flatbeds to provide damage fiee transport with minimal loading time. Flatbed carriers also provide the capability to transport two vehicles at the same time, thus allowing us to respond quickly and effrciently when requests for service are made in proximate geographic locations or when Iequests are .ide i, u oarrow time frame. Our choice of Kenworth and Hino chasses is based upon their capability to handle two vehicles at once and./or to transport heavy and/or oddly shaped cargo safely. Our heavy duty trucks, with their adjustable booms and five-ton lifting capacity, and our heavy duty trailer are available for the heaviest requirements, including the towing of large and oversized vehicles, and again attest to our well- rounded, complete towing capability. our drivers are highly trained to operate all of our tow units. ln particular, flatbed r.rnits require highly skilled drivers with a thorough knowledge of the machinery involved They also are trained to unlock locked vehicles, a fiequent request fiom our Police clients. Our staffis 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 Police Tow for the City of Vemon Police Department, we will immediately file with the DeparEnent the name, address, date ofbirttr, dnver's license number and all other information required relative to each of our drivers. We will also notifr the Departrnent of any driver no longer employed by us as well as the identity of any driver whose iicense is suspended. Our training procedures are in writing and a copy will be provided to the Vemon Police Departrnent. 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 equipmenl, vehicle impounds and safety practices. It is though 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. Tow has a total of i 1 tow units, including tkee u'heellifts, five flatbeds, trvo wreckers and one tractor. We also have one failer. ln addition, U.S. Tow has access to the 23 trucks of Tip Top Tow Service in case ofa large emelgency operation or a disaster operation. a [sting of the tow uaits of U.S. Tow is provided on the following page. TWO-WAY RADTO COMMTINICATION EQUIPMENT 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, thusinabling instant access to oul fleet and pelsonnel. Our two-way radio communication equiprnent also sends and receives Police tow requests betrveen dispatch and our tow unltJon a first priority basis. Through its use, all of our clients benefit from faster service, increased efficiency, quick schedule or task changing and higher productivity. DISPATCH COMPONENTS U.S. Tow, lnc. utilizes an efficient dispalch system which features three components - proper tools, adequate staffing and management oversight. 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 andthe time that the tow unit retums to the U.S. Tow facility. oul system also assigns a number to each tow request for t.acking purposes. Our dispatch terminals are dediated to the function of dispatch only. Our radio communications equipment sends and receives Police tow requests between dispatch and the tow units on a "first priodty" basis. The dispatchers of U.S. Tow are trained in the effective use ofradio equipment in order to maximize efficiency. The dispatch office is equipped with a telephone system capable of receiving tow requests on a "first priority" basis and dedicated telephone lines ensure "first priority" to "police" calls. Dispatch is a dedicated fimction on a 24-hour per day, ,.u.n-duy p". *eek, 365-day per year basis. Dispatchers are available to release vehicles seven dayJper *eek 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 cfoss-trained in order to provide an excellent service staldard in the execution of dispatch duties INFORMATION TECHNOLOGY KNOWLEDGE The computer system utilized by U.S. Tow is the lmpound Management System.{nformation Management System (IMS). It is used for both dispatch and aicounting. The program utilizes functions which provide dispatch, vehicle inventory TOWI]NITS U.S. Tow, Inc. owns 1l tow rmits and one trailer, as follows: -]----------_-.- Unit Tvpe Year Make Weigbt I(lbs) I vnt 11 Wheel-lift 2009 Dodge 5500 19,000 15 Flatbed 2010 Hino 258 25,500 ,6.ooo - l9 Flatbed 2005 Kenworth T-300 22 Wlecl-lift 2005 Ford F-550 19,000 26 F lartred 2006 Kenwonh T-300 26,000 27 Ilatbed 2006 Kenworrh T-300 26,000 13 Wheel-tift 20r3 Ch"..y 3500 HD 15,000 20 Flatbed 2015 Peterbilt 26,000 25 Wrecker 2014 Peterbrlt 54.000 16 Wrecker 2015 Kenu,orth 35,000 80 Tractor 2007 Freightliner 80,000 81 Trailer 201s Landoll 97,000 search, poperty removal with receipt, inspection ofa vehicle with receipt, evidentiary hold area search and auditing, lien processing including the removal of liened vehicles, VIN verification of make and model, cash on delivery options and private property impound tracking. Not all emptoyees are granted access to sensitive information contained in the tow progam. Only management and ownership can access all records pertaining to any particular vehicle. Any changes made in the computer record conceming a vehicle are iacked through an exception report. The exception report is checked every moming by management to ensure that no unauthorized changes have been made to any computer record. The progtams also have a fleet funcfion by which U.S. Tow can maintain fleet data as well as an accounting fimction for maintenance of accounts payable and accounts receivable. IMS also has reporting functions that allow us to keep daily, weekly and monthly intemal reports. Our accounting department additionally uses QuickBooks to maintain a checks and balances system for all accounts. Quickbooks provides U. S Tow with a controlled method by rvhich to track accounts, print statements and maintain a ledger for monies that flow in 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 is completed and stored at a remote locatron Al outside firm monitors this back-up on a daily basis. we additionally have software support readily available for our tow program. All files are backed up several times per day and we have a working generator in case of a sigrrificant power failure. Our computer system, software and tow program are set up to generate franchise fees (which are placed in a separate account) and impound information and the safeguards are in place to modtor these functions at all times. If U.S. Tow is selected by the City of Vemon Police Departrnent to be its Official Police Tow, Police personnel will be assigned a user name and password which will allow them access to this system on a24/7 basis. As such, Police personnel will be able to electronically view all documents as well as to scan and print the documents and thereby have a physical copy. Our dispatch, tow lot management, impormd 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 ofuse. Computer work stafions, servers, telecommunications and video surveillaace (the Kantech System) have been chosen and implemented to provide the highest levels of security, accuracy, accountability and service. 8 MONTHLYREPORTS If selected to be the official Police Tow for the city of vemon Police Deparfinent, u.S. Tow will submit a monthly report to the chief of Police and Finance Director which, as per the City of Vernon requirement, includes the following: +Total Police Impounds. *Number of times dispatched by the Vemon Police Deparhnent' xNumber of calls resulting in impounds. *Number ofvehicles sold on lien sale under authority of Section 3072 Civil Code and reporting said lien sales as per authority of Section 22705 CyC. *Number ofvehicles sold under authority of Section 3073 Civil Code' +Names and addresses ofbuyers and description ofvehicles when sold' *Number of calls answered in which time beyond one hour was required' EVIDENCE EOLD \'EHICLES U.S. Tow, Inc. has 10 years of experience as an oPG for the city oflos Angeles Police Department and thus ofdealing with vehicles and vehicle-related components that are on "hold" for evidence or require processing by a crime lab unit. Moshe Ben Dayan, the owner of u. S . Tow, has 25 yearc of experience in the handling of evidentiary holds and maintaining the integnty of the "chain of custody" in conjunction with his other public ug"rr"y to*iog operitions through his firm Classic Tow, Inc. dba Tip Top Tow Service' A1l of our persorurel are acutely aware of the importance of handling vehicles with evidence holds. A set of specific steps are consistently employed in order to ensure tl1at vefucles are not mishandled and that the "chain of custody" is maintained at all times. All of our persomel receive training on how to deal with vehicles from the moment a call is generated until the final disposition of the vehicle occurs. . Dispatchers advise drivers of a request for service for a vehicle that requires special handling due to evidence or criminal lab processing. . Drivers request from the impounding offrcer or the officer in charge at the scene of the impound whether any special handling is required so as not 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 handling of the vehicle. o Once evidence hold vehicles arrive at the storage yard, drivers sign the Evidence Log Book noting the time, date, year, make, model, color, VIN, license and names of any persons who will enter tlle Evidence Hold Area in conjunction with the vehicle. . Following placement of a vehjcle or components of a vehicle within the Evidence Hold Area and the securing ofthe Hold Area, drivers retum to theofficetonotatethedateandtimeofcompletionofthevehicleand/or vehicle comPonents Placement. . Drivers receive instruction on the handling of vehicles utilizing our equipment so that the vehicle can be transported without disturbing fingerprints 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 verifu the time of entry, U.S. Tow utilizes a time stamp along with the manual entry in the Evidence Log 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 an authorized release by the agency placing the originai hold on the vehicle- often vehicles get released fiom "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 vehicle database as well as the agency, name, ID, date and time that the vehicle,s .'hold" status was removed. Associated paperwork is additionally attached to the vehicle record (CIIP 180). Once the vehicle has had the "hold" released, it is removed fiom the Evidence Hold Area and placed in tle general vehicle inventory. U.S. Tow has a segregated, completely enclosed evidence warehouse with a storage capacity of a minimum of 10 evidentiary/criminalistic hold vehicles. U.S. Tow also *uirtaios an area that can be converted to a temporary secure hold area in the event of a large scale crime 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 surveillance is used to enhance the security of vehicles within the Evidence Hold Area. Al electronic record of the person, time, date and duration of access is maintained. This is accomplished through entry system technology which features a magnetic lock system wtth unique entry key fob assigned only to management. The supplier of our entry confrol and electronic entry and exit recordkeeping is Kantech. The Kantech system features electronic recording and physical hardware that is secure and that provides access limited to management in order to ensure that the "chain of custody" is not compromised. AI1 entries are also noted in the Evidence Log Book. The elements of recording and recordkeeping of entry to our Evidence Hold Area allow management and law 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 ensure that only vehicles 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 Vernon Police Department, if U.S. Tow is selected as the Official Folice Tow, notification will be provided by U.S. Tow to the Police Captain or his,/her designee of vehicles with a "hold" that are stored in excess of 72 hours. As per the City of Vemon Police Departrnent requirement, "holds" will expire 10 calendar days after the date of a tow unless otherwise extended by a Police Deparnnent employee. LIEN SALE EXPERIENCE U.S. Tow, Inc. files for vehicle liens following Califomia Civil Code Sections 3068.1, 3071,3072 and3074. Ultimately, not all liens started end in disposal through public auction. Many vehicles are redeemed by registered owners, legal oluters or authorized interested parties, thus accomplishing the intended purpose of notification followed by redemption. In the event that a vehicle is not redeemed, a sale is conducted to satisfr the outstanding lien and avoid the stockpiling ofvehicles, vehicle disposal through public auction has been performed for more than 10 years by U-S- Torv and more than 20 years by Moshe Ben Dayaatvia other towing operations that he owns and operates. U.S. Tow 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 to improve ievels of customer service to members of the public who attend ou|rveekly auto auctions. U.S. Tow is bound by Califomia Civil Codes relating to the disposal of impounded vehicles. U. S. Tow also stringently follows the fee structure outlined in the califomra Civil Codes that pertain to the processing 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 montlrJy basis that we intend to lien sale prior to actual sale for approval by the Departrnent. We will additionally review any other elements of our lien sale operalion requested by the Department. CUSTOMERSER\TCE 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 the process and make it as comfortable as possible. Registered owners redeeming vehicles can expect to deal with employees who are well trained, courteous and professional and with a facility which is clear\ modem and secure and which provides them with comfort in the event that they need to wait for appropriate paperwork, acceptable form of payment or a towing service for a disabled vehicle in order to complete the release process. U.S. Tow completely understands the responsibility for the proper release ofvehicles to parties who have a legal right to take possession and we take all necessary precautions tkough established procedures throughout the release process. Our personnel are trained to verifu that a proper release has been issued by us or by the 11 relevant governmental impounding agency prior to the release ofvehicles that have either a statutory or evidence hold. A dedicated computer system is available to check the "scofflaw" status of vehicles prior to their release. Personal property is released to identified, authorized persons and is inventoried and notated on the vehicle record. Our staff also 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. COMMTINTTY SUPPORT AND INVOLVEMENT U.S- Tow understands the importance of support ofand involvement in the local community. Even though rve are physically located in an industrialized portion of the City of Los Angeles, we are well aware that there is a significant community of residents surrounding our site. As such, it has been our continuing philosophy of operation to identiff and support portions ofthe communi$ and community projects in need of financial sponsorship and the donation of other assets. We additionally have a well appointed classroom/break room at ow facility which we offer for community use. t2 U.S. TOW, INC. TOW MTES/FEES Light Dury (under 10.000 GV![R) $i48.00 $43.00 Motorcycle $ 148.00 $20.00 Medium Duty $250.00 $55.00 Heavy Duty $300.00 $65.00 Low Boy s300.00 $65.00 Super Heavy Duty/ Wrecker $475 00 $65 00 Forklift (per hour) $ 95,00 Service Call $74.00 Bulk Item (ner oallet/oer dav ) $ 12.00 Towing/recovery workJtransport 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 houts are 7:00 a-m. - 7:00 p.m. and there are no after hours releases. Towing rates are subject to 3O-minute increase increments after the first hour. Storage for less than 24 hours is charged as one day. After 24 hours, storage is charged per calendar day. Service calls are based on a one-half hourly tow rate. Vehicles not redeemed within 72 hours are subject to lien sale/notice fees of $70.00 - $100.00. AJI City vehicle tows within 30 miles are free. Al1 City vehicle tire changes within 30 miles are free. All towing and storage rates are the average ofthose charged to the Los Angeles Police Departrnent, the California Highway Patrol and the Los Angeles County Sheriff s Department. U.S. Tow, Inc. is open to negotiating therfinal:yith the City of Vemon. However, we are askingfoyffee of 7% of gross re&ipts which is the amounl that we currently charge L,{,PD. 13 Towing Storage a a a a ABILITY OF U.S. TOW, INC. TO PERFORM THE NECESSARY FUNCTIONS U.S. Tow, Inc- was originally founded as a Califomia "S" corporation in 1983 The company was purchasei by Moshe Ben Dayan in 2013. Mr. Ben Dayan is the sole Ownir,president/CEO and owns 100% of the corporation. U.S. Tow, Inc. has its only location at 2119 East 25h Street, los Angeles, CA 90058. The firm has a total of 19 employees. STATE AND CITY LICENSES 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 Angeles 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 for Master Auto Park; Crty of Los Angeles Police Commission Permit for Auto Park; and State of Califomia Department of Motor Vehrcles 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 ulderstanding ofthe highly regulated and complex operations of an Official Police GaragelPolice Tow. Since his purchase of U S. Tow, Mr' Bin Dayan has been working to improve the already strong operations and level of service of u.s. Tow's Newton Division oPG. Based upon commendations that he has received from members ofthe Los Angeles Police Deparknent, he appears to be succeedrng. 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 ofU S. Tow. Tip Top Tow Service is the Ofiicial Police Tow for both the Cities of Santa Monica and Beverly Hills. The firm has worked in this capacity 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 t]le roadside servicing of City-owned vehicles and traffic accident assistance. Mr. Ben Dayan has additionally participated in the Califomia Highway Panol'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 stmnded motorists since 2005. The contracts let I4 by this Agency are highly regulated with scheduled and random inspections of tow truck units and facilities conducted by LACMTA itseif as well as by the state of califomia Department of Transportation (Calfans) and a special unit of the CFIP known as "David Units." The level of regulation imposed by the CHP' s David Units is unequaled in the towing industry, with strict enforcement of rules and regulations as well as of drivers and trucks in the field through monitoring by GPS, Caltrans and the CHP itself. The contracts of LACMTA mandate that detail be paid and rules adhered to relative to a multitude of policies and procedures and that standards be strictly 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 rules and/or regulations. The successful operatton ofa tow business is complex, wrth many areas of responsibility. 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 hrst place, distraught over damage to their vehicle or who are dealing with the consequences of having a family member or friend 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 attenlive to the issues involved in the potential contamination of important evidence. We are responsible for conducting lien sales with careful attention to the legalities of this procedure such that we do not err either on our own 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 ofa 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 vigilant at all times regarding the licenses and permits that we ho1d. And, we are responsible to the community to maintain a top-notch facility which is environmentally conscious with minimal noise and pollution and to participate in community events and sponsorships. CAPABILITY AND EX?ERIENCE OF KEY PERSONNEL MANAGEMENT Moshe Ben Dayan, President/CEO. Moshe Ben Dayan is a true "pro" withrn 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 Sewice into a strong, successful corporation now known as Classic Tow, Inc., dba Tip Top Tow Service. Tip Top Tow Service has a facility in Santa Monica wholly owned by Mr. Ben Dayan, 19 trucks and 23 employees. Among numerous governmental and private affiliations are Official Police Tow contracts with the Cities of Santa Monica and 15 Beverly Hills, Freervay Service Patrol contracts with the Los Angeles County Metropolitan Transportation Authority and service contracts with the Los Angeles County Sheriff s Department, the California Highway Patrol, the U.S. Postal Sewice and the Federai Bureau of Investigation. Mr. Ben Dayan purchased U.S. Tow, Inc. in 2013 and through this entity is the Official Police Garage for the Newton Division of the Los Angeles Police Departrnent. U.S. Tow additionally provides sewice to the Los Angeles County Sheriff s Department and the Califomia Highway Patrol among others. Mr. Ben Dayan's specific responsibilities at U.S. Tow inciude overall management of all operations including financial operations; company policy including contract procurement and compliance; project staffing; customer relations; community relations; and equipment/facility procurement and operations. The resume of Mr. Ben Dayan is included as an attachment to thjs 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 frnancial, 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, gtoss receipts fees, collections and business license fees. He is additionally skilled in the monitoring of auditors and insurance companies to maintain our liability and Worker's Compensation insurances and to manage a1l internal and external payoll reporting. Mr. Jaweed worked as an extemal/outsource resource for Mr. Ben Dayan for more than 20 years prior to his employ,rnent at U.S. Tow. The resume of Mr. Jaweed is included as an attachment to this Proposal. Richard L, Kettering II, General Manager. Richard Kettering has been an employee of U.S. Tow, Inc. since 2009. As such, he is extremely knowledgable regarding a1l ofthe operations ofour business. Short ofcalling him a skilled "jack ofall trades," it is certainly appropriate to note that his responsibilities are and have been sigrrificant and multidimensional. Mr. Kettering has management experience; he is knowledgable with regard to all aspects ofthe OPG system; tow driver safety compliance; complainUproblem resolution for customers and Police agencies; employee relations including hiring and dismissal; lien sales auction operation (Mr. Kettering is the auctioneer) ard paperwork; and security camera content review. The resume ofMr. 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 with Moshe Ben Dayan since the start of Tip Top Tow Service in 1989 and, as such, is knowledgable with respect to all aspects of the towing industry. At Tip Top Tow Service, she was responsible for the management ofthe banking/financial aspects ofthe day-to-day business; payroll computation; daily receipts i6 computation; serving as a back-up dispatcher; resolution of difficult customer, staff and vendor issues; and community/public relations interface. At U-S. Tow, Ms. McColgan prepares lien sale auction paperwork and vehicle release paperwork. She is responsible for the ba.nking activities ofthe firm as well as human resources/employee applications and other associated paperwork. 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 staff of U.S. Tow, lnc. 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 procedures 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 establishing empathy for customers, TOW DRTVER STA.FF 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 techniques; laws pertaining to operation oftow trucks; customer service; automotive lockouts; and tow truck 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 ofvehicles; forklift operation, vehicle release procedures; vehicle property removal procedures; vehicle inspection procedures; verification of proper release ofevidence hold vehicles, verificatton 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, exhaustlon, stroke and related problems: battery safety; prevention ofblood bome pathogens; fire extinguisher use; back injury prevention; and eye protection. AII dnvers must hold and maintain Level 1 Certification from the Califomia Tow Truck Association. A StaffFlow Chart for U.S. Tow, Inc. is provided on the following page. I7 U.S. Tow, lnc. Staff Flow Chart Moshe Ben Dayan President/CEO '1 0 AFF'IDAVIT OF' NON.COLLUSION BY CONTRACTOR STATE OF C.TIFOR]\IA COUI{TY OF LOS fu\GELES l'1os he ) )ss ) Ben Dayan being first duly swom deposes and says that he/she is oI Owner/Presi dent/CE0 (16.n'Sol. OwIBd. .panncr.,.pEcide . ,S.cEt ry., or ortE.prcFrrilk) U. S. Tow, Inc. l.Il$t .-".C"1f,. association, organizarion, . bid depository, or ro any member or a,qent llelg! or rl anTindividuat orgroup of indrviduats, e*c.pr tt " iiry of v.;;r, ;;';;;";fi;;or persons rvho a partnership or other financial inreresr wirh said bidder in his,/trer buiiness. the above infomration is conect 1;,;.. Owner/Presi dent/CE0 (rrcen Mmrofbidde.r who submits herervirh to the City of Vemon a bid/proposal; 'I har all sratcmenE of fact in such bid,/proposal are rme; 'Ihat such bid./proposal was not made in the interest of or on bchalf o{'any undisclosed person,pannenhip, conrpany, association, orgariz,ation or corporation; That such bid,/proposal is genuine and not colJusive or sham; That said.bidder has not, direcrly or indirecrly by agreement, communication or conference l,ith anyone attenrpted to induce action prejudicial ro rhe inrerest of the ciry of Vemon, or of any orher bidder or anyone else interested iu rhe proposed contract; and funher 'fhat prior to the public opening and reading of bids/proposals, said l_ridder: a. Did not directly or indirectry, induce or soricit anyone erse to submit a farse or sham b id./proposa I ; d t)Did Dol directly or indirectlv, collude, conspire. corurive or agree *.ith anyone else that said bidder or anyone else would submit a farse or sham bid,/proposil, or that aDyone shourd reaainfronr bidding or rvirhdraw his4rer bid/proposal; Did not, irr any manner, directly or indirectly seek by agreemenr, communication or conferencewith anyone to raise or fix rhe bid/proposal pnce of said bidder or oi anyone else, or to raise orfix any overhead, profit or cost element of his/he r bid./proposal price, or of thar of inyone else; Did not, direcrly or indirecrly, submit histrer bid/proposa) price or any breakdour fiereol orthe contents thereof, or dilulge information or data relative thereto, to any corpomtio[, Icertitv By. Da te; 19 MarcI20ll c_ EXHIBIT C B EXHIBIT C THE EOUAL 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, relagious 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 Employea' 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 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. U. D. E. - 16 - EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS Minimum Livino Waoes: A requirement that Employers pay qualifying employees a wage of no less than 910.30 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 employe/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 attomey's fees, or to compel City officials to terminate the service contract of violating employers. -17- ORDINAI{CE NO. L233 AN ORDINANCE OF THE CfTY COUNCIL OF THE CfTY OF VERNON GRANTING TO H.P. AUTOMOTIVE & TOW, INC., A FRANCHISE TOWfNG SERVICES AGREEMENT WHEREAS, the City of Vernon (the "City") is a municipal corporaEion and a charEered city of the state of California organized and existing under its Charter and the Constitutsion of the StaEe of California; and WHEREAS, on October 2, 20f2, the City Council of the City of Vernon adopEed ordinance No. 1198 adding Chapter 48 of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on or about March 2015, the Police Chief issued a Request for Proposafs for che City's Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to H.P. Automotive & Tow, fnc. ; and WHEREAS, the City Council of the 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, condiEions, restrictsions and limitatj-ons by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTIoN L: The City Council of the City of Vernon hereby finds and determines that tshe above recitafs are true and correct. SECTION 2: GRANT OF FRANCHISE. granted by Tow, Inc. , consensuaL A non-excl-usive franchise shal-l be, and the same is hereby the City Council of the City of Vernon to H.P. Automotive & its lawfu1 successors or assigns to provide official non- police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services AgreemenE, in substantially the same form as aEtached hereto as Exhibit A and incorporaEed herein by reference. SECTION 3: FRANCHfSE TERM. three Towing The franchise shaf l- endure (3) years, subject to the terms Services Agreement . SECTION 4: FRANCHfSE FEE. in fuII force and effect for and conditsions of the Franchise The grantee of t.he franchise, during Ehe life thereof, will pay to the City five percent (5*) of the gross anrlual receipts of the grantee arising from the use, operation or possession of the franchise. SECTION 5: VERIFIED STATEMENT OF GROSS RECEIPTS The grantee shall- file with the City Clerk of the City. withln three (3) months after the expiratj-on of the cafendar year, or fractional cafendar year, following the date of the granting of this franchise, and within three (3) mont.hs after the expiration of each calendar year thereafter, a verified statement showing in detail the toEal gross receipts for the grantee derived during the preceding ca]endar year, or such fractional calendar year, from the provj-sion of official police towing services within the l-imits of the City. The grantee shaII pay to the City within fifteen (15) days after the Eime for filing said statement., in l-awfuI money of the United states, the aforesaid percentage of its gross receipt for the caLendar year, or fractional calendar year, covered by said scatements. Any neglect, omission or refusal- by granEee to file said verified statement, or t.o pay said percentage at the times or in the manner herein-before provided, shalL constitute grounds for the decfaration of forfeiture 2 of this franchise and of al-l- rights of grantee hereunder. However, grantee has the abiliEy to cure under SecEion ]-2. Furtsher, tshe City is responsible for insuring that grantee has the appropriate financiaf institution information for electronic transfer of Ehe franchise fee in a timely manner. AIry delays caused by incorrect financial institsution information shalf not constitute grounds for the declaration of a forfeiture of this franchise. SECTTON 6: WRfTTEN ACCEPTANCE REQUIRED. The franchise granted hereby shaI1 nots become effective unt.if written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 7: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police towing services throughout the limits of the city of Vernon as such limits exist at the t.ime 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 the amendment thereof adopted October 10, l-911. The acceptance of the franchise granted by this Ordinance shall- operat.e as an abandonments of all such franchises, rights, and privileges within the limits of City as such limits at any time exist., in lieu of which the franchise is granted by this Ordinance. SECTION 8: EMINENT DOMAIN. The granling of the franchise shall- not in any way impair affect the right of the City to acquire the property of the grantee purchase or condemnation, and not.hing cont.ained in this franchise or by 3 shafl be construed to contract away, modify or abridge either for a term or in perpetuity the City's right of eminent domain. SECTION 9: VAIUE OF FRANCHTSE. By acceptance of t.he franchise, the grantee, for itseff, its successors and assigns, agrees thaE in any proceeding of any character before any courts, commission, administrative body, board of arbitration or other public authority, no greater value shal-f be placed upon the franchise j-n excess of the cost to Ehe grantee of tshe necessary publication and any other sum paid by grantee Eo the CiEy therefor a! Ehe lime of acquisition. SECTION 10: NONCOMPLIANCE. If Ehe grantee of the franchise granted by this ordinance faiIs, neglects, or refuses to compLy with any of the provisions or conditions prescribed in this ordinance or the Franchise Act of 1937, and does not hrithin ten (10) days after written demand for compliance begin the work of compliance, and afEer such beginning does noE prosecute Ehe work with due diligence to compLetion, tshe City, by its City Council, may declare the franchise forfeited. The City may sue in its own name for tshe forfeiture of t.he franchise granted pursuant to this ordinance, in the event of noncompliance with any of the conditions thereof by the granEee, i.ts successors, or assigns. SECTION 11: CONFORMITY TO RULES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this Ordinance shall comply with al-I 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 paramount authority of the State. A1l- 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 4 governmental autshoricy having jurisdicEion in the premises. where not in conflict with state law, or other governmenEaf authority having jurisdicEion in the premises, tow services shafl be performed in accordance with the rules and regulations and ordinances of t.he CiE.y. SECTION 12: INDEMNfFICATION. The grantee sha11 indemnify and hol-d harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 13: ASSIGNMENT. Grantee shafl not assign or transfer any int.erest in the franchise without the express prior written consent and approval of City Council. Any unauthorized assignmenE or transfer of Franchisee's rights or obligations under this Agreement shalf be nuII and void and shafl- constitute a material breach by Franchisee of this Agreement. SECTION 14: PERFORMANCE BOND. (a) At. the option of the City, grantee shall either (a) reduce or eliminate any deductibles or self-insured retentions with respect to the CiEy, iEs efected officials, officers, employees, agents, represenEatives, attorneys, and volunt.eers; or (b) file with the City Cl-erk a corporate surety bond running to CiEy and guaranteeing payments of losses and re]ated investigations, claim administration and defense expenses. The bond shall be conditioned thats grantee sha11 well- and trufy observe, fulfill and perform each t.erm and condition of the franchise, and tshat in case of any breach of condition of the bond the amount of the penal sum Eherein shaLl be recoverable. If City elects option (b) above, crantsee shaIl file such bond within five (5) days after the adoption of this ordinance. (b) crantee shal-l- maintain the bond in fuII force and 5 effects throughout the Eerm of tshis franchise, at grantee's sole expense. The bond shall be issued by an admitEed 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 sha11 be considered a "license or permit" within the meaning of the Bond and Undertaking Law, so1e1y for purposes of application of such Iaw to the bonding requirement.s of this section. SECTTON 15: LIABILITY. The grantee of the franchise under this Ordinance shal-f be Iiab1e to the City for a1l damages proximately resulting from the failure of the grantee to well and fait.hfully observe and perform any provision of the franchise or any provision of the Franchise Act of L937 . SECTION 16: Repea] . Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 17: Severabil-itsy. If any chapter, articfe, section, subsection, subdlvision, paragraph, sentence, clause, phrase, or word in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shaIl not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it woul-d have adopted this Ordinance and each chapter, articl-e, section, subsection, subdivision, paragraph, sentence, clause or ph.rase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitsutional , or invalid, or ineffective. 6 SECTION 18: Book of Ordinances. The City Clerk, or Deputy City C1erk, shalI attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Cl-erk,s, or Deputy City C1erk,s, certification to be ent.ered in the Book of Ordinances of the Council of Chis City. The CiEy C1erk, or Deputy City clerk, shaIl cause this ordinance to be published or posted as reguired by Iaw. SECTION 19: Effective Date. This Ordinance sha11 go into effect and be in fu1I force and effect at 1,2: Ol, a.m. on the t.hirty_ first (3Lst) day after its passage. APPROVED AND ADOPTED this dav of , 20L5. Name : Title: \?yor / Mayor pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM : Brian W. Byun, Deputy City Attorney 7 STATE OF CALIFORNIA )) ss COUNTY OF LOS ANGELES ) I,, City Clerk / Deputy City Clerk of the Ciry of Vernon, do hereby cert.ify that the foregoing Ordinance, being Ordinance No. 1233 was dufy and regularfy introduced at a regular meeting of the City Council of t.he City of Vernon, held in the City of Vernon on Tuesday, September l_, 2015, and thereafter adopted at a meeting of said City Councif held on Tuesday,, by the f ol-f owing vote : AYES: NOES : ABSENT: And t.hereaf ter was duly signed by the Mayor or Mayor pro-Tem of the City of Vernon. Execut.ed this day of , 20a5, at Vernon, California. City CLerk / Oeputy City Clerk (SEAL) Councilmembers: Councilmembers: Councilmembers: I EXHIBIT A CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND H.P. AUTOMOTIVE & TOW, INC. COVER PAGE Franchisee: H.P. Automotive & Tow, lnc. Responsible Principal of Franchisee: Jimmy Sandhu, president Notice lnformation - Franchisee: H.p. Automotive & Tow, lnc. 7300 Roseberry Avenue Huntington park, CA 90255 Attention: Moshe Ben Dayan, PresidenUCEO Phone: (323) S83-1831 Facsimite: (323) 583-3322 Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA g00SB Attention: Daniel Calleros, police Chief Telephone: (323) 58$881 1 en. 114 Facsimile: (323) 826-1 4A1 Commencement Date: No earlier than thirty-one (31) days afrer approval by City Council of City of Vemon of ordinance granting franchise to H.P. Automotive & Tow, Inc. Termination Date: Three (3) years from Commencement Date, inclusive Consideration: 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. Records Retention Period Three (3) years, pursuant to section 1S.3 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND H.P. AUTOMOTIVE & 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 H.P. Automotive & Tow, lnc. ("Franchisee"), a Police Towing Company with its principal place of business at 7300 Roseberry Avenue, Huntington Park, CA 90255 (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 Clty ("Proposal') dated April 15,2015, 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, 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 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 follows: Section 1. GMNT OF FRANCHISE. Subject to approval by the City Council of the City of Vernon of an ordinance granting the franchise and to the requisite thirty-one (3'1) 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 ofthe 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 Vemon, the provisions of Chapter 48 of the Vemon 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 application for the Franchise. Section 2. TERM OF FRANCHISE. 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 lhe 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 5% of Franchisee's gross annual receipts arising from the use, operation or possession ofthe Franchise, which fees shall be assesseO from tne 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 Cterk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the d.ate of the granting ofthis 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 derived during the preceding calendar year, or such fractional calendar year, from the provision of official pollce towing services within the limits of the city. The Franchisee shall pay io the city within fift€en (15) days afler the time for filing said statement, in tawful money ofine united States, the aforesaid percentage of its gross receipt for the calendar year, or fraciional 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 ofthe 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 i determination of the amount due. 3.4 The first payment of the franchise fee will be due on September 1S, 201s,_and payments shall be due monthly thereafter on the 1So, 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 postma*ed 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 establisied and assessed by the City, including, but without llmitation, late fees assessed at therate of five percent (5%). Section 4. TOWTNG SERV|CES. 4.1 Franchisee shal provide porice 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 limitalion, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, relponse time, insp€ction, 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 eroposali. Rtt 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 Franchlsee understands and agrees that, although the City is granting it afranchise as a police towing service, the City may requisition towing services from ot-her seririce providers as set forth in section 48. '12 of the vernon Municipal code, or if Franchisee is othenvise 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. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towlng and storage in connec on 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 $140.00 and the storage charge shall be $40.00 per day, unless or uniil 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 afier-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 lts 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 Municlpal code for Franchisee and its subcontractors, certified as true and correct under penalty ofperjury by a responsible owner or official of the Franchisee. 4 Section 7. FRANCHTSEE'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 ofiicers, 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 conneclion 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 DRtVER. 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. Franchlsee 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, the name, address, date of birth, driveis 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 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. INDEMNIFICATION OF C|TY. 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 attorney'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 otherwise pursuant to this 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, 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 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, 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 9607, 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 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 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 single limit, against any bodily injury, death, personat 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 orthe general limit shall be TWICE the required occurrence limit. 6 (b) Automobire Liabirity of one Miflion Doflars ($1,ooo,ooo) per accident for bodiry injury and property damage. (c) Garage Keepers Legar Liabirity coverage with minimum rimits of rwo Hundred Fifty Thousand Dollars (g250,OOO) per occurrence. (d) Employer's Liabirity of one Mi ion Do[ars ($1,ooo,ooo) per accident for bodiry injury or disease. (e) Worker's Compensation and Employer,s Liability lnsurance in an amount required by law. 10.4 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) 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 paynent of rosses and rerated investigations, craim administration and defense expenses. under this option, Franchrsee shafl fire such bond withrn five (5) days after the adoption of the ordinance approving this Agreement. Franchisee shall maintain the bond in full force and edect 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: (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. (b) 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. (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. 7 (d) Any fairure to compry with reporting or other provisions of the poricies Incruding breaches of warranties shall not affect coverage provided to tire City, its electedand appornted officiars, officers, emproyees, agents, representatives, attorneys orvolunteers. (e) The insurance coverage shal appry separatery to each insured against whom claim is made or suit is brought, except with respect to the rimits 6f the insurer,s tiabitity. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended, voided, and/or cancered by either party, and that there shall be no reduction in the amount of coverage oiin the limits applicable thereto ExcEpr after thirty (30) days prior written notice has beengiven to the city, said written notice to be derivered by u.s. certified Mair, 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 ReouireC lnsurance Ratino. Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with j 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 certiflcate or certificates 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 certificates effecting coverage required by this section of this Agreement. The endorsements are to be signel by tne person authorized bythat insurer to bind coverage on its behalf. The endorsementsire to 6e 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,it its sole option, either (i) immediately terminate this Agreement or, (ii) if insurance is avaita-ble at a reasonable cost, the city may take oul the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 11. TERMTNATTON AND SUSpENStON. The City may termi out cause, by giving the Franchisee thirty(30) days' written notice of effective dateiherdof. The City may terminate this Agreement, he Franchisee (10) days, written notice of such termination and the effective date thereof. Cancellation for cause shall'be at the discretion ofthe 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. 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 hlafth, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels andstandards 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 ind 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 notce address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either recelpt or the expiratr:on 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 ;nformation required by the vernon Municipal code. The temporary suspension shall remain effective until the decision on suspension or termination ls 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 regulalion, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND COND|T|ONS. 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 shjll 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 icknowledges 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 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 of any other term, condition, default or breach, nor of a subsequent breach of the one waived. I interest in this or transfer any councir. Any l?,]iJ,1l'"?i',"*, 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 a Federal, state, county and city raws, ordinances, resorutions, rules and regurations, which are, as amended from time to time, incorporated herein and applicable toihe performance heieof. 14.6 ATTORNFY'S FEES. lf any action at taw or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entittei 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 Apolicable 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 to the conflict of laws provisions therein. . 14.7.2 Entire Aoreement. This Agreement, including any Exhibits attached hereto and any documents explicifly referenced herein, constitutes the entire agreement and understanding between the parties regardlng its subject matter and supersedes all prior or contemporaneous negotiations, representations, understindings, 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 othei authorizel 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 shlll be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force 9nd efiect 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 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. ln case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or othenivise 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 of the city ofvernon, this Agreement, the city's Request for F roposals for official police Towing services, 10- and Franchisee's Response to the City's Request for proposals for Official police Towing Services. 14.7.7 Duplicate Orioinals. There shall be two (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and wanants to the city that the Franchisee has the right, power, Iegal 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 FMNCH|SE. 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. 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 LICENSES. Franchisee shall obtain, and pay any and alt costs associated therewith, any Vernon Business License, which may be required by lhe 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 entitled 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 - 11 - records to the City of Vemon or reimburse the City for all reasonable and eltra costs incurred inconducting the audit at a location other than the City of vernon, including, but not limited to,such additional (out of the city) expenses for personal, salaries, private iuoitors, travei,-tooilng, meals and overhead. 15-4 coNFlrcr. Franchisee hereby represents, warrants and certifies that nomember, officer or employee of the Franchisee is a director, officer or employee of the city ofvemon, or a member of any of its boards, commissions or committees, except to the exentpermitted by law. Section 16. LIV|NG WAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage ordinance. TJre current Living wage standards are set iorth in Exhibit "D". up-on tnE city,s request, certified payroll records shall promp y be provided to the City. Section 17. NOTICES. . -.Except 1s otherwlse 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 ihe parties as follows: To City: Vernon 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: H.P. Automotive & Tow, lnc. Attention: Jimmy Sandhu, president 7300 Roseberry Avenue Huntington Park, CA 90255 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]. -12- lN WITNESS WHEREOF, the parties hereto have caused this Agreement to beexecuted by their duly authorized representatives as of the date set forth below. city of vernon, a california charter city H.p. Automotive & Tow, lnc., a californiaandCaliforniamunicipalcorporation corporation DATED: W. Michael McCormlck, Mayor ATTEST: Maria E. Ayala, City Cterk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney By: Name: Title: By: Name: Ti e: -13- DATED: EXHIBIT A EXHIBIT A REQUEST FOR PROPOSALS City of Vernon Request for Proposals (RFp) Franchise Tow F ee Program City of Vernon Police Department 4305 Santa Fe Avenue, Vernon, CA 9005g Phone: (323) S87-SI7I 1. INTRODUCTIONAND PROJECT The city of Vemon seeks proposars from quarified bidders to enter into a ftEnchise agreement to perform rotational police towirE and storage seruices. services to be performed by the selected conlrac,tor include vehicle towing and impound seruices asdirecled by the Vernon Police Departmenl Based on the qualiry of the proposals received, the city may consider ar rardirE a singre tow frandrise clntract, or mul ple tow franchise mntracts trsing a call-for-servib rotation. The city does not expect to arvare more than tuto (2) frandlise agreements under the rotational system, although city council reserves trre right to anard contracts at its sole discretion, based on the proposals submitted, The city will selecl no more than two (2) tow service compenies, based on demonsuated competence and a cost effective approach to design, conduct, and assist in the removal of vehicles which are apparenlly abandoned, or dririen by unlicensed ddvers, or dri\rers driving on suspended licenses, or inwlved in traffic milisions, or vehicles creatrng ateffic hazdrd due to mechanical failures. To be elighle for consideration, the tow seMce company's place of business and vehicle storage facility must be located within a seven (7) mile radius of the Vemon city Hall, located at 21305 Santa Fe Avenue, Vemon CA g0058. 2. BACKGROUND The City of Vemon rrras founded in ,l905, is approximatdy 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeies califomia. over its loqg history Vemon has been devetoped as an industrial comriunity. At the tum of the 20h century the lands that make up Vemon were comprised largeiy of farmlends. The prcsence of thre€ mapr rail lines in the area led influential business and property ourners to encourage the railroad companies to run spur lines onto the famlands. These rail extensions enabled the creation of an "exclusively industrial' city. By the 1920.s Vemon $ras attracting large stockyards and meatpacking facilities. ln the 1930's Vemon became the location of choice for many heavly industrial plants. As €aonomic conditions changed over the dec€des, these large scale industrial operations have relocated out of southem califomia and Vemon has attracted smaller, lighter industrial facilities. The city's business friendly environrnent, low cost utilities and key location for trucking and rail transport continue to position Vemon as an ideal location br industrial uses. City Govemment: The City Council consists of five members, elected ahlarge, who senE Rve-)r€ar staggered terms. The City Council annually appoints a Mayoi and a Mayor Pro Tem from hs own membership to serve one-year tlrms. City of Vemon Franchise Tow Fee pmgram Request for proposals 2 City of Vernon Franchise Tow Fee Program Request for Proposals Labor Forca: Vernon has approximately 250 employees, and its depertments include a Fire Oepartnent, Polic€ Oepartment, Financ€ Department, Public Works, Water and Oevelopment SeMces Departrcnt, Gas and Eectric Department and Heelth ard Environmental Control Department. Present bargaining units recognized include the Vemon Police Officers Eenefit Association, Vemon Police Manegement Associetion, Vemon Firemen's Association, the Vemon Fire Manegement Association, lntematidtal Brothertrood of ElectricalWorkers Local 47, and T€amslers Local 911. 3. ISSUES OR PROBLEITIS TO BE AODRESSED The selected tow service company shall be able lo provide swift, professional service in the removal of any vehicle, as direc{ed by the Vemon Police Department, from any City street. 4. SCOPE OF SERVICES REOUIREO The City of Vemon is seeking the se rlces of a highly qualified toi, service company tc assist in; Under the teffis specified herein as well as in Chapter 48 of the Vemon Municipal Code, Francfrisee shall fumish impound, to,ving, and storage servicos to th€ VenEn Police Department and the City as dkected by the Vemon Police Department. To be eligible for a franchise, applicants mu6t meet lhe City's minimum requirements as spEcified herein. Franchisee will be required to provide the necessary trained personnel, lo r trucks and storage facilities to reco/er, if necessary, and remove vehicles and tractor/trailers involved in collisions. Franchisee(s) must be able to tow and store vehicles impounded by the police, many times in excess of 30 days; and musl be able to clean up and dispose of debris al the scene of an accident at which any vehicle to be tofled hereunder was involved. The average response lirne for any hirty day period pursuant to requests for torv service by the Police Oepartment, must not exceed turenty (20) minutes. The maximum response time for any sirEle requesl ,or tow scrvice by the Police Deparlment shall rlot exceed hirty (30) minut6. ln the event the Frarrchisee cannot respond wihin 20 minutes, lhe Franchisee shall immediately notify the Police Oepartment dispatcher and provide an estimated time of anival. Frandrisee must provide a dispatcher available onsite al the tou, facility place of business at all times for he immediate dispatching of towing equiprnent. Franchisee's place of business must be open fron 0700 to 1800 hours Monday through Friday. Altemate hou6, as directEd by the City, must also be available in order to accommodate sp€cial City events. Failure or retusal to promptly r6lay the Police Dbpatche/s requests for towirE services shall constitute failure to compv urith the requirements, temrs and conditions of the agreement and mey resull in termination of the agreement. All low lrucks shall be equipped as provided in the Califomia Vehicle Code. 3 i I I I I I I City of Vemon Franchise Tow Fee Program Request for Proposals Franchisee's hucks sh€ll be painted, ftee of major denb, and kept clean and in good vrlo*ing or&r. Official police tow servic€s shall, at all times, have at least thre€ fully equipped and operati:nal tow trucks in service. Allof the toiv lrucks in serrrice must have a minimum capacity of one (1) ton. At least one of the tow trucks in sorvice musl be a flatbed tow truck. At least one of the three tow trucks in service must have a fiv6 ton (5) lifting capacity. Every officlal police tow seMce shall be equipped for end haw personnel profident in unlocking locked vehicles when requested to do so by polbe Department employees. Upon selection the Franchisee shall file witr the Vernon Police Oepartment, the name, address, date of birth, driveds license number, and all oth€r information required ofany tow unit driver employed by the permit holder subsequent to lhe date of the tow operator permit application, which information shall be filed not later than ten (10) business days follo,ving the effective date of hiring. The Francfiisee will be required to notify he Vemon Police Dopartment of the name of any tow truck driver no longer emdoyed by such permit holder. This rptification shall be gi\€n to the Vemon Police Depatflent no later than ten (10) business days following the last dale of the drivefs employment by the permit holder. The Francfiisee will b€ raqulrBd to notify the Vernon Police D€part/ltent of the idontjty of any tow truck driver whose lic€nse is suspended, The operator shall rpt be authorized to operate in Vernon unless the operator has provided proof from the 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 California Oeparlrn€nt ot Motor Vehicles (DMV Pull Program) that notities the Franchisee when their drirrers have any chango to their driving status or record. This DMV program will alert the Franchisee to any pot€ntial problsm drivErs. Franchisee will be required to comply urith the Califqnia Vehicle Code and other applicable laws with rBgards to lien sales, including supplying a list of vehicles each rnonth that the Franchis€€ intends to lien sale prior to selling same for approval by the departrnent. Franchisee is responsible for maintaining all documents relating to lien sale$ 5, QUAUFICATIONS & CR]TERIA A Qualifrcations: The City of Vemon will select m more than two (2) tow seruice companies for all of the outlined Scope of Service on the basis of qualihcations, experienoe, and cost. The follorrdng are the mirimum qualifications to be us€d to evaluale responses lo this Request for Proposal: 1. The applicants can satisry the insurance, business licans6, and tow ope,Etor permits r€quirements set forth in Vemon Municipal Code Chapter 48.2. The applicants are qualifled on the basis of prior experience in the towing -4- City of Vemon Franchise Tow Fee progra.m Request for proposals operatbn business and financial resoonsibilitv-3, All tow vehicles and equipment musi comply ivith all slate and applicable federal requir€ments.4. The applicants can Easonably conduct an official police to^,ing sorvice which complies with all of the requirements of Vernon tvtunicipil Code Chapter 48.5. The applicants will accept all tow requested by the City, including tows of abandoned or disman ed vehicles and/or tows requiri;g special- equipment. B. Soloction Crlterla: The City will conduct a cornprehensive, fair, and impartial e\raluauon ot proposals received in response to ttris Rfp. All pioposali receiveO will be reviewed and evaluated by a comminee of quarified personnel_ The name, information, or experience of the indiv lual members wilr mt be made avairabre to any proposor. The Ev'dluation committee will first review and screen all pnopGars submitted, except for the cost proposds, according to the minimum quafiiica-tioni- sot brlh above. The foloring criteria wilr be used in revieuring ard commring treprcposals and in determining the high xt scoring bid: 1. 40Yo Qualifications, background and prior experience of the tow service company in the Service Area(s) being proposed, experience of key staff assigned to o\rersee services provided to V6mon, evaluation of size and scope of similarwork performed and sucoess on that work.2. 30yo Cost and fees to the City for handling mafl€rs. Cost is not the sole determinirg factor but will be taken into consideration. proposer must ofier services at a rate comparable to the rate proposer offeG to other govemmental entities for similar work. Offering a higher rate to th6 City than the comparable rate is grounds for disquatification of the proposei. lf rates differ for different types or leyeb of seMce, or for difioEnt Servrlce Areas, he pmposer should so state.3. 10% Responsiveness to the RFp, and quality anct ,Bsponsiveness of the proposal.4. 20% References including past performance of proposer. 6. FORIUAT AilD DELIVERY OF RESPONSE Respondents are ask€d to submit swen (7) hard copies and ona (1) electronic copy oftheir proposab in suflicienl delail to allot , for a thorough evaluaton and compara'tiveanafysis. The proposal should include, at a minimu;, the following inform;Uo; i; sectionalized format addressirE all phases of the work in the RFp. A. Format: Limit your proposat to 20 typed 8.5" X 11" pag6, or fewer, on white bond paper of at least 2G.pound weight single sided (exiluding cover leter and attachments. You may atach a company brochure if lou wish,-but it musl be as a separate attachmer and independent from the required elements noted abo\,€. 1. U-se a conventional typeface with a minimum font size of 12 poinb. Us€ a'l' mergin on all boarders. -5- c. City of Vemon Franchise Tow Fee program Request for proposals 2. Organize your submittal in the order described abo!€. 3. Provide one (1) unbound original of your companys response and one€lectronic version (via email) to Csptain Micirael Gillman, mgillman@covpd,org 4. Prominently label he package: "Franchise Tow Fae program" and include the name of the primary contact for the respondent. Deliver the response to: City of Verron AttBntion: Captain Michael Gillman 4305 Santa Fe Aventre. Vemon, CA 90058 5. Responses are due on or bafore 5:00 p.m, on April 16, 20.15. Late response will not be accepted. 6. lf you have any question about this RFp, please crontact Captain Michael Glllman at (323) 587-5171 ext. 115. Coyor Lett6r: All proposals shall include a cover letter which stales that the proposal shall remain valid for a period of not tess than ninety (90) days from the date of submittal. lf the propcal contemplates the use of sub-contradors, the sub- contrac'tors shall be identified in the cover letter. lf the proposal b submitted by a business 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 lnclude: the ilEntilication ofthe buslness entity, including the name, address and telephone number of the buslnoss entity: and the name,-titl€, address and lelephone number of a contact person during the proposal evaluation period. lrfiroduction: Presenl an introduction of the prDposal and your undeFtanding of the assignment ard significant steps, methoG and proc€durs to be employed by the proposer to ensure quality deliverables that can be delivered within thi rcquired time f6mes and your identilied budget. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it ficr each Service Area prorcsed. Work Plan: PreBent concepts for conducting th€ u/ork plan and intenelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. Fees and cosb: Although an important aspect of consideration, the linancial cost Gtimate will not be the sole justirication for consk eration. Negotiations may or may not be conducted with the proposei thereforB. the propoEal submitted should contain the proposefs most favorable terms and condl0ons, since selection and award may be made without discl,lssion with any tol sorvlce company. All prices D, tr -6- F. B. City of Vemon Franchise Tow Fee program Request for proposals G. At any time prior to the due date for responses, the City may make charBes, amendmer s, and addenda to this solicitation, includirg changing the date dJe to allofl respondenb time to address sr.rh changes. Adderda, changes, and amendments, if made, will be posted on the CiVs r,vebsite (ui^ rr. cit)rofvemon.org ), which is deemed adequate notice. A proposer may make a request to the city,s prcject coordinator to beplaced on a list of persons to receive mtice of any such addenda, changes, or amendments. The prefened manner of communications ls vla e-mall Oue to its Umeliness. 8. CONOITIONS FOR RESPONSESTO RFP The following conditions apply to this RFP process: should reflect 'not to exceed' amounts per item. proposer must otfer services at arate. comparable to the rare proposer offers to other govemmentar entities forsimilar uork ofterilg a higher rate to the city than the comparabre rate b grounds for disqualmcauon of the proposer. Ability of the Proposer to perform: provide a detair€d description of th€ proposer and hls/her/ib qualiricatbns, including names, titles, detailed professional resumes and past €xperience in similar r ork efforts/products of key personner wtlo wilr beproriCe a list of specific related work proFcts that proposer which are direc0y related to the assignment the specilic individuals who completed such projec(s). ldentify role and responsibitity of each member of the project team. lncluie ihe amount of tirlE key personnel will be involved in the respectine portions of theassignment. Respondents arE encouraged to supply relerrant examples of theirprofessional product. Pro/ide a list of references. The selected tow servic€ companies shall not subcontract any work under the RFp nor assign any work without the prior written consent ofthe City. Afiidayit of Non-Collusion. Proposer must submit a completed and signed, 'Affidavit of Non-Collusion.' (Copy attacfred as Exhibit A)_ A. Nothing contained in this RFP shall create any contractual relationship between lhe respondent and the City. This RFP does not obligate the City to establish a list of service providers qualified as prime conbactors, or award a contract b any respondent. Th€ City r€s€rves the right to am€nd oi cancel this RFP without prior notice, at any tim6, at ib sole discretion. The City shall not be lhbte for any expenses lncun€d by any individual or organization in connection with this RFp. No conversations or agreements with any officer, agent, or H. 7. B. c. .7 - City ofVemon Franchise Tow Fee program Request for proposals F. The dates, times, and sequence of evenls related b this RFp shall ul mately bE det€rmined by the Clty. The schedule shown above is subject to change, al th€ sole discretion of the City, atthough the City will aftempt to follor it and, if it must be alterei, will attampt to provide reasonable notice of the changes_ G. Respondents shall not issue any nervs rBlease pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposab and information included therein or attachod therelo shall become public record upon delirrcry to the CiV Administrator,s Ofi oe. 9. RIGHT BY THE C]TY TO WTHDRAW THIS REOUEST The City may, at its sole discretion and for any reason whatsoever, wilhdraw this solicilation at any time. ,IO. LIVING WAGE ORDII{ANCE The sel€cted tow service companies shall pay qualifying employees a wage d not less than $10.30 per hour with he6ih benefits, or $1 1.55 per hour without health bsnefils_ The tow service companies shell also provide qualifying emplo)rees at least tw€lve dalrs off per year for sick leave, vacaflon or personnel necesaity. and an addltional t€n day; a 1rcar of uncompensated Ume for sick leave. There shall be a prohlbition m empbyer rctal'raiion against an emplqree's complaining to the City with regard to the emplo)rer's compliance with the living wage ordinance. The tow servkxs companies, and any sub- with the City's Living Wage Ordinance. The cunent Living rth in Exhibit "D. of the standard form franchise toi dng hereto as Exhibit B. Upon the City,s request, certified payoll records shall promptly be provided to the City. -6- City of Vemon Franchise Tow Fee Program Request for proposals 11. STANDARD TER.MS AiID CONDITIONS Prior to the award of any work h€r€und€r, City and proposBr shall ontor into the written contract for servicos attached hereto as Exhibil B. Roposers respondirg to this RFp are strong! ad{/ised to review all the lerms and conditions of the Contracl The term of the Contracl shall not exceed three (3) years. I City ofVernon Franchise Tow Fee program Request for pmposals Ei(HIBIT A AFFIOAVIT OF NON-COLLUSION - 10 - AITIDAVIT OF NON.COLLUSION BY CONTRACTOR STATE OF CALIFORNI.A COI'NIY OFLOS ANGELES ) )ss ) first duly swom deposes and says that hotshc is of (l6ar'SokOwEi,'hft./.'PEs*r,t .S€rdsry.. noh.r,r6F.ritt ) (IE n tE olblliLr) who submifs haewih F rhe City of Vcrnon a bid/pr@osal; Thlt Ell statcrncnb of fact in such bid/proposal arE truc; That such bid,lproposal was not m.ade in thc interut of or on bdralf of any undisclosod person, partncrship, company, associatbn, organization or corprorafon; Thrl $ch bid/proposal h gcnuinc and not collusivc or sham; That said biddcr has not, dirccdy or indirectly by agrtcmcnt, communication or confcrrnce with anlone attsrnptcd to inducc adion prejudicial to he hEr€sr of the city of vcraon, or of any other bidder c anlone else intercgod in rhe proposed contact; and funher That prior to the public opening and reading of bilvprcposals, said bidder a. Dirl nor dirEctly or indL€ctly, irduce or solicit anlone else to submir a hlse or sham bidproposal; b, Did not dk€stly or indirectly, collude, conspire, connive or agrce with anyone else that said bidder or anyonc clse would submit r false or slum bid/proposa! or that anlone should rcfr8in from bidding or withdnw hivha bid/proposal; c. Did not, in any manncr, dircctly or indirEctly se€k by ag@ment, co(rununication or confercge wift anlone to rais€ or fix the bid/proposal price ofsaid bidder or of anyone clse, or to mise or fix any ovcrhead, profit or cost element of hisrher bi propcal prbe, or of that of anyotre clsc; d, Did noq dir€cdy or indircctly, submir hiyhd bidlpropcal price or any breakdown thcpo{, or the conEnts thereof, or diwlge information or data rclatirrc *rcnto, to any corpontioq pqrfierdrip, compsn bid de?ository, or to any mcmbcr or ageni thereof, or to any ind ls, o(cept thc City ofverron, or to any peion or pfrsons who have al inrerEst wirh said bidder in hiytrer buiiness I certiry uadcr pcnalty ofpe{ury thar the above information is conect By: Date: Title: MarEh 201 l City of Vemon Franchise Tow Fee Program Requct for proposals EXHIBIT B STANDARD FORM CONTMCT -11 - CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. COVER PAGE Franchisee: [insert name of franchiseel Responsible Principal of Franchisee: [insert name, tiflel Notice lnformation - Franchisee: [insert name of franchisee] [insert street address] [insert city, stale, zip codel Attention: [insert name, ti et Phone: [inserl phone number] Facsimile: [insert fax number] Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vemon, CA 90058 Attention: [insert dspartmsnt headl [inse department head ti e] Telephone: (323) 583{81 1 ext. [inser{ Facsimile: [inserl fax number] Commencemont Date: linsert commencement date] Termination Date: [lnsert terminatjon date] Considerationr Payment is made by Franchisee to City pursuant to Section 3 of this Agroement. Payment is made to Franchisee by City puftiuant lo Section 5 of this Agr€ement. Records Retention Period [insert numbar of ]€ars contEctor must retain recordsl March 2015 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. This Aoreernent is made and entered into by and b€tween the City of Vernon (.Cif), a Califomia charter City and Califomia municipal corporalion, and ('Franchisee'), a Folice Towing Compeny with ils principal place of businoss at City. (collectively, the 'Perties') to provide for towing seMces lo the The Parties agree as follor{rs: RECITALS WHEREAS, Franchisae shall pro/ide polics towirE services to the city of Vemon as set a WHEREAS, Brrsuanl b Chapler 48 o{ the Vemon Municipal Code, Franchisee has applied for a Police Tourlng Franchlse ("F.anchise'); and WHEREAS, th6 City Council has h€td a public hearing for the purpose of hearing persofis in favor of or in opposition to the granti p of such Franciise; and WHEREAS, the City Council has determined that Franchise€ has demonstrated compliance with chapter 48 of th€ Vemon Municipal code and has agreed to comply with allprovisions of that Chapter; and _ WHEREAS, it is required thal City and Franohisee enter into a Franchise Towing Services Agreement ("Agreer?Enf ) for Police Towing services in the City of Vemon; ani WHEREAS, additional conditions have baen imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follor,ns: Section 1. GMNT OF FMNCH|SE. city grants to Franchisee a porice Towing Franchise authorizing Franchisee to engagen.lhe business of Polico To^/ing as set forth in chapter .tB of the vemon Municipsl coda In lhecity ot v€mon and to usa th€ pubtic streets and rights of way for such purpose. ThiB grant ispursuant to lhe city's Request br proposal and to Franchisea's proposalior the Franihise. Franchisee is subiect to the terms and conditions specified in sectlon E.g of the chartsr of theclty of vernon, the provlsions of chapter 48 of the vernon Municipat c*e, tne terms anJ - conditirns specified in all related resdutbns, the brms and condiiions of this Agreeme;t, therepras€ntations and assurances in Franchisee,s appli@tbn for the Francf$se. Section 2. TERM OF FMNCHtSE. The term. of tris Franchise granted lo Franchisee shall be for thrE€ (3) years, fmm to indusive. March 2015 Section 3. FRANCHTSE FEES. ... - 3.1 During he term ofthe Franchise, Franchisee shall pay franchise fees tocity, which fees shall ba ass€ssod from the date on which th€ ordinance lrjnting this Franchteaccord f the Vemon Municipal Code and any he City r amounts as are set forth in any that ma Council at any time during the tlrm of 3_2 Franchise shall timely pay a[ required ftenchise f6es to: Finance Department - Direc{or o, Finance City of Vemon 4305 Santa Fe Avenue Vemon, CA 90056 Eacfi payment shall be accompanied by a wrinen statement, verified by the Franchise€ or a duly authorized represenhtive of the Franchise, showing in such form and detail as the Dir€clor of the Deparlment of Finance may presc.ibe, the calculation of the franchise fee payable by the Franchisee and such other information as the Director of the Department of Flnance may require as material to a determination of the amount due. 3.3 The ,irst paynent of the franchise fee will be due on and payments shall be due monthly thereafter on the 15u day of each montEl 3.4 When Franchisee remits ftanchise fees the City, ouch franchise fee shall be deemed tlmely paid only if delivered or posEnarked on or before the due date. lf fe6s ar€ not timely paid, Frarrchisee shall be subject to suspension or brmlnation of the Franchise pursuant to section 14 of this Agreement and/or to any other penalties wfrich may be established and assessed by the city, including, but without limitation, late fees assGsed at the rate of fiw percent (5%). Section 4. TOWING SERV|CES. 4.1 Franchisee shall provide police Touring services, as set forth in Exhibit A, whlch is the ciys Request for Proposels for officiat potice Tbw services, and $/hicfi includes, bul without limitation, stricfly adhering to ule eligibility requirements, operatng regulaflons, fees schedulas, standards for tor, truck equipment, s andard rules of operation, respo-nse time, inspection, rnforma_tion lEgardllg new or terminated tow lruck drivers, tow driv€r training, and as set forh in E*ibit B which is Franchisee's response to the city's Request for proposati. att seNices by Franchisee shall comply will all prodsions 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 gr€nting it afranchlse as a police towing seMc€, the city may req-uisition towing se-rvices from ot'ner se,iiceproviders es set forth in sec{on 48.12 of the Vemon Municipal coi'e, or if FranchisEe is otherwis€.unavailablo for any reason, in the reasonabla disiretion of ihe Vemon Ctrie] of potice and including, but without limitation, suspension or t6rmination of th€ FranchiBee. March 2015 Section 5. RATES. CHARGES AND PAVVENT. 5.1 The rates and charges for towing and storage in connection with this FranchisE shall be establish€d by the City Council. The prevailing rates prescribed by the southern Dvision of he califomia Highway Pakol, the Los Angeles police Departnent, and the Los Angeles County Sherilf will be considered when Establishing these ratas. The rat€ per impound shall be $_ and the storagB charge shall be $_ per day, unh'l otheruise 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 be posted in a conspicuous place in the intenor 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 awerd of franchise the City Council will be requested to establish an after-hours release fee not lo exceed % of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall fite a rpnthly towing reporl with the chief of police along with payment of its monthly frandlise fees. The report shall be submined to: Chief of Police Vemon police Department 4305 Santa Fe Avenue Vemon, CA 90058 The reporl shall include the information required by section 4B.10(H) of the Vemon Municipal Code for Franchisee and its subcontractors, csrtified as true and conect under penalty of perjury by a responsible owner or official of the Franchisee: Section 7. FRANCHISEE'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 with generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise. shall at all tlmes be open lo inspection, examination and audit by authorized ofiicers, employees and agents of lhe city. such records shall be kept at franchisee's place of business shorvn in this Agreement for receipt of notc€s, 7.2 Frandtisee shall require its subcontractors, if any, who perform police Towing seMces in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subconractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication ofreporting between Franchisee and its subcontractors. Section 8. 8.1 Frarrchisee shall maintain on ,il€ with lhe City, a complete and accuratelisting of every vehicle operated by FEnchisee for police towing seNices. Franchisee shallcertify, in a form acceptable to city, that every such \rehicle co;forms with regional and state HICLE AND DRI March 201S vehicle emission standards ('emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to mnform 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 identmcation: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, t€ether with Francfrisee's telephone number painled upon both sides of the vehicle. All lettering menlioned in this paragraph shall be not less than 2-1l.f in height end not less than 5/6" shoke. The Franchisee agrees lo remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sob, transferred or taken out of service. 8.3 Franchisee shall flle with the Vernon Police DepartmenL the name, address, date of birth, drive/s license number, ard all identificstion required of any tow unit driver working for Franchisae, whelher 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 engagernent. Franchisee shall also notify the Vemon Police Department within ten ('10) business days of the folloiving oocrnrences: the license suspension of any low unit driver, and the end of employment, or engagement, of any tor 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, damag6, liability, claims, suiE, cost6 and expensas, fin6s, charg€s or penalti€s whatsoewr, including rBasonabb anomeys fees, regardless of the morlt or outcome of any such claim or suit, erising from or in any manner relaled to the services provided or business conducted under Chapter48 of the Vemon Municipal Code or oherwise pursuant to this Agreement. 9.2 Franchise€ shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, lts officers, emplo)rees, agents, assigns, and any successor or successors to the Citys interest fiom 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, attomeys' and expert witness fees and cts incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officerc, employees, agents or the Fran fiisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any remo l, rernedial, response, or closure or olher 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 indomnity is intended to operete as an Agreement pursuant to the Comprehensive EnvironmenEl Response, compensation and Liability Act, 42 united states code section 9607, and california Health and Sefety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. March 2015 Sec,lionl0- INSUMNCEREQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, proorre and maintain in full force and effect, throughout the term of this Agreement, inclusive of any reneural term granted by City, insurance against claims for iniuries to persons or damages to property which may arise ftom or in connection with the performance of the services hereunder by the Frandlisee, its agenb, representatives, employees or subcontractors. Franchisse thall procure and maintain insurance policies of the types and meeting the requirements set forth belol, and shall provide to the City I Certific€te of hsurance, or other such evidence reasonably eccepteble to the City, veritylng the existenc€ of sudt policies: 10.2 @ Franchisee shall procure and mainlain policies of insurance with minimum scopes of coverage AT LEAST as brosd as the following: (a) ComprahensirieGeneral Liabilitylnsurance. (b) ComprehensiveVehideLiabilitylnsurance. (c) Workers' Compensation lnsurance as required by the State of Califomia and Emplo!€r's L'rability lnsurance. 10.3 Minimum Llmits. Vendor shall maintain insuranc€ with minimum limits NO LESS THAN the following: (a) GerErel Liability of Two Million Dollars (S2,000,000) for each occtnenca and in the eggregate, combined single limit, against any bodily injury, deah, personal injury, or property damage. ln Compreh€rEive General Lhbility lnsurance or other fom in which a general aggregate limit is used, th€ general limit shall apply s€perately to this Agreement or the general limit shall be TWICE the required occunence limit. (b) Autdnobile Llability of One Million Dollars ($1 ,000,000) per accident for bodlly injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits ol Tt ro Hur6red Fifty Thor.sand Dollars ($250,000) per occunencE. (d) Emdoyer's Liability of One Mlllion Dollars (Sl ,000,000) per accident for bodily injury or disease. (e) Worker's Compensation and Employe/s Liability lnsurance in an amount required by law. 10.4 Deductibles. Any deduotibles or self-insured reten0ons musl be declared to and appoved by the City. At the option of the City, Franchisee shall €ilh€r: (a) Reduce or eliminate such deductibles or s€lf-insured retentions as respec't io lhe City, its elected and appointed offlcials. oflicers, emplolrees, agents, repGsenbtives, attorneys, and volunteers: OR (b) Proanre a bond, guaranteeing payment of losses and rolatsd inv€stlgations. claim administration and defense expenses. March 2015 . . 10.5 Require4 Endorsements. Alr of the poricies required by this Agreement sharl conlain, or be endorsed to contain, the following provisions; (a) City, its elected and appointed officials, officers, employees, agents, representatlves, atlomeys and volunteers shall be named as additionil insured parties, and the policies shall specifically state that the coverage contained in the policies affords insurance pursuant lo the lerms and conditions as set forth in this Agreement. (b) The insurance coverage provided by he Franchise€ shall be primary to any coverage available to the Cjty. Any insurance or self-insurence mainiajned by City, its omcers, officials, emplolrees or volunteers shall be in excess of Franchisee's 6wn - insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope ofprotection afforded to the City, its elected and appointed oflicials, officers, employees, agents, representatives, atome)6 or volunteers. Further, the policies shall exprissly waive the right of subrogation against city, ils elected and appoint€d officials, ofiicers, emplolees, agents, representativ6, attorne),s or volunteers. (d) Any failure to comply with roporting or other provisions of the policies induding breaches of wananties shall not affect coverage provided to the Cii, its Elected and appointed officials, officers, emploloes, agents, representatives,-attome)rs or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except wih rGpect to the limits of he iniurer,s liability. (f) Each insurance policy required by this section shall be endoGed to stale that coverage SHALL NOT be suspended, voided, andlor 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 wriften rptice has been given to the City, said writlen notice to be delivered by U.S. Certified Mail, Return Receipl Requested addressed to the City Attorney and City Finance Director. (S) ln its sole discretjon, the City may waive a or some portion of the above referenced insurance if such waiver is in writing and erecuted by city's Finance Director. . . . 10.6 Bgglired_hsgeEg tutllq. Any insurance poticy required by this Agreement shall be placed with an insurer admiUed in the State of Califomla with e current A.M. Best,s rating of NO LESS THAN B+:Vll in the latest edition of Best's lnsurance Guide. _ . 1O.7 g.rioinal Certificates Reouired. At all times during the teIm of this Agreement, Franchisee shall maintain on file with the City's Financ€ Drector a certificate or cerlificates ofinsuranc€. Said c€riificete or c€rtiflcetes of insurance shall shou/ [lat the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in sec{on 10.3 Franchisee sha , prior to commencement of w6rk under this Agreement, file with the city Finance Direcbr the original ceruficates effecting coverage required 6y this section of this Agreement The endorsements are to be signed by the person auihorized by that insurer lo March 2015 bind coverage on its behall. The ondorsements ar6 to b€ received and approved by City before Franchiseo @mm6nc€s oporation under th6 t6rms of this Agrsement 10.8 Failur€ to Maintain Rg{uired lnsurance. Franchiso€ agr€€s that if it fails tic keop the aforBsaid insurance policies in fullforce and effect the City may, at its sole option, either (i) immediately terminat€ this Agr€€fii€nt or, (ii) if ircurance is available at a reesonable cost, tha City may take out lhe necessary insurance and pay, al Franchisee's cost end €xp8ns6, lh6 promiuin thereorL Section 1,I. TERMINATION AND SUSPENSION. The City may terminate his AgEsmenL without cause, by givlng the Frandlis€6 thirty (3O) days written rplice of such termination and the effectlve date thereof. The Gity may terminate this Agr€€ment, wilfi cause, by giving the Franchisee (10) days writtan notic,€ of sucir termination and the effectirre date thereof. Cancelhtion for cause shall ba at the dbcrEflion of he City and shall be. but is not llmiled to, failure to supply the matedals, equipm€r or servio€ specilled within the time allowEd or wilhin lhe terms, @nditions or provisions of this contract. The Frandlis€e mEy not canoel this Agr€oment without prior wfnen cons€nt from the Vemofi Chief of Polics. Section'12. TEMPOMRYSUSPENSION. ln addition to terminalion or suspension as set forth in Section 1l , above, tre Chief of Police may temporarily suspend any Franchisee without a hsaring, whensver he conlinu€d oparation by the Frarrhiaee urculd constitLlte a dangor to public hsalth, Bafety, ttlclhra or public morals, including, without limiiation, where ther€ is a failure to maintain th€ minimum bwls and standards of liability insursnce or claims reserv€ or failure to k€€p in full force and effect any applicable licsnses or permib required by foderal, stat6. local law, or regulalion. The notice of temporary suspension may be personelly delivered lo the parly named and to th€ address gi\ren on the application pursuant to which such Frarrchise was issued and to the no[ce address steted herein, if different, or, mEiled by registered or cefffied meil to the party nemed at the address gi\r6n on the applicalion pEsuant to whrch suci FGnchise was issued and to th6 notice address sEted herein, if differenl Notwithstanding other nolic€ provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days ftom thE date of mailing. The notic€ of temporary suspension shall include a notce of he date and time for terminalion h€arirE and all other information required by the Vemon Municipal Code, The temporary suspefisbn shall remain effective until the decision on suspension or termination iE made trnloss the suspension is lifted by wriUen notice of the Chief of police. Section 13" ACCEPTANCE. WAIVER. Franchisee agnees to be bound by and comply with all the r€quirgmenb of Chapter 48 and lhis Agraamant. By entering into tris Agreement, Franchisae rrrlai\res, to th€ maximum extent p€rmitt€d by hw, Franchisee's right to challenge the terms of this Agrcefient 6nd of Chapter 48 under federel, stete or local law, or und€r edministralive regulation, as such laws and regulations exist es of th€ dat6 of signing of this Agr€em€nt. Section 14. GENEML TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. tt is understood that in the pedormance under this Agreement, Franchisee shall be, End is, an independent operator, ard is notan agBnL March 2015 contraclor, or employee of City and shallfumish services in its own manner and m6thod. Further, Franchise€ has and shall r€tain th€ right to exercise full conhol o\rer the employm€nt, direction, compensation and discharge of all porsons employed by Franchis€o in its businoss operations. Franchis€e shall be sololy r€sponsibh for, and shau indemnify, defend and save City harmless from all metters r€latirg to the payment of its employees, including compliancs with social secudty, withholding and all other wages, salaries, benefits, laxes, exactbns, and regulations of any nature whatsoever, 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shetl ha\€ no authority, express or implied, to act on behafi of or bind the Ciiy In any capecity whatsoe\rer es agents or olherwise. 14.3 WAIVER. The City's weiver of any term, condition, breach or default of this Agr€crnent shall mt be considored to be a waiver of any oth€r t€rm, condition, default or breach, nor of a subsequent breach of the one u€ived 14.4 NO ASSIGNMENT. The Franchisee shall nol assEn or lransfer any interest in hls Agreement without the express prior wriften consent and approval of City Council. 14.5 COMPLIANCE WITH I-AWS. Franchisee shall comply with all Federal, Sbte, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporaled herein and applicable to the p€ ormance hereof. 14.6 ATTORNEYS FEES, lf any action atlaworin equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to ralasonable attomey's feee, costs and necessary disbursements in eddition lo any other relief to wfiich such party may be entitled. 14,7 INTERPRETATION, 14.7.1 Applicabl€ llw. This Agreement, and the rights and duties of th6 parties hersunder (both procedural and substantive), shall be gov€med and construed accoding lo thB laws of the State of California. 14.7.2 Entlre Aor6ement. This AgrBement, including any Exhibits €tt8ciEd hereto and any documenb expliddy referenced herein, constilutes the enthe agreement and undetEtanding between the parties regarding ib subject matter and sup€rsedes all prior or contemporaneous negotiations, rBprBsenbtions, understandings, oorrespondence, documentation and agre€m€nts (written or oral). 14.7.3 Written Amondment. This Agreemeni may only be changed by writt€n amendment signed by Franchisee and the City Administrator or other authorized repres€ntatlve of the City, subj€ct to any requisite authorizalion by the City Council. Any oral representations or modifications conc€ming this Agreement shall be of no force or effed. 14.7.4 Sowrabilitv. lf any provision in this Agreemant is held by any courl of compotont jurisdiction to be invalid. illegal, void, or unenforceable, such porlion shall be deemed sewred ftom this Agre€mont, and the rsmaining provisions shall nevertheless @ntinuB in full foroe and etfect as fully as though suctr invalid, illegal, or unenforceable portion had nsver been pert of this Agreement. March 2015 14.7.5 Choice of Forum. The parlies hereby agree thai this Agreement is to be enforced in accordance with the laws of the State of California, iB enlerBd inlo and is to be performed in th€ City of Vernon and thet all claims or conbov€rsies arising out of or rolated to performance under this Agreement shall be submitted to aM resolved in a forum within the County of Los Angeles at a place to be determinod by the rules of the brum. 14.7.6 Order of Pltcsdence. ln case of conflict betu€€n lhe terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwis€ incorporated by refarenca, the order of precadencs is as follows: Charter trre Cily of vemon. the Vemon Municipal Code, the ordinance granting thb Frenchis€, r€solutions of lhe City of Vemm this Agreement, the City's Req uest for Proposals for Ofiiciel Polic€ Towing Services, and Franchisee's R6ponse to the City's Request for Proposals for Official Police To,ving SeMces 14.7.7 Duolicate Orioinals. There shall be two (2) fully signed co6ries of this Agreernent, each of which shall be deemed an original. 14.8 AUTHORIW OF FRANCHISEE. The Franchisee hereby represents and wanaats to the City that the Franchisee has the right, power, legal capacity €nd authoriv to enter into and p€rform lts obligations under lhis Agreement, and its execulion of this Agraement has been duty authorized, Section 15. ADDITIOML ASSUMNCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES- Franchisce certifi€s and reprEsents that, during the performancs of this Agreement, Franchisee and any other parties with whom it mey subcontract shal adhere to equal opportunity employmont practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, r€ligion, color, nationalori]in, ancestry, disability, sex, age, medical condition, marital status. Franchisee further cert'fi€s that it will not rnaintain any segregated faolities. Franchisee further agrees io comply with The Equal Employrnent Opportunity Practices provisions as set forth in Exhibit "C". 15.2 EUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therBwith, any Vemon Business LlcBnse, which may be rcquired by the Vemon Municipal Code and all permits, and liconses appliceble to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency 1 5. 3 MAINTE-NANEEAq.IN P ECT I oN_O_..!r_EECO RD S. The City, or its euthorized audjtors or representatlves, shall have access to and the right to audit end reproduce any of he Franchisee's records to the extent the City deems nBcessary to insure it is receiving ail money to which it b entiued under the Agreement and/or is paying only he amounts to which Franchisee is properly entitled under th€ Agreement or for other purposes re,ating to the Agreement. The Franchisee shall maintain and prBerve all such records for a period of at lesst 3 years after termination of the Agreement. The F anchis€e shall maintain all such records in the City of Vernon. lf not, the Franchisee shall, upon request, prmlptly deliver the records to the City of Vemon or roimburse lvlarch 2015 tha City for all reasonable and €xtra cost$ ;ncurr6d in conducting ihe audit at a location other than he City of Vernon, including, but not limited to, such addilional (out of the City) expenses for personel, salaries, privale auditors, travel, lodging, meals and overfiead. 15.4 CONFLICT. Franchisee hereby r€presants s,amnts and cedifies that no member, offrcer or employce of he Franchisee is a director, ofticer or employee of the City of Vemon. or a member of any of ib boards, oommissions or cqnmittees, except to lhe extent pennited by law. S€ction 16. LIVING WAGES. Franchisee, and any subcontracto(s), shall comply with the CiSy's Living Wage Odinancs. The current Living Wag€ Shndards aro set forlh in Exhibit 'D'. Upon the Ci\y's rEquest" cerlified payroll records shall prompfly be provided to th€ Cily. S€ction 17. NOTICES. Excepl as otherwise pmvided in this Agre€ment, all notioes teguired by this Aoreement or by Ghaptsr 48 of the Vemon Municipal Code shall be giwn by personal sgMce or by deposit in he UnitEd States mail, postage pra.paid and retum receipt iBquested, addrossed to the parties as follows: To City: Chief of Police Vemon Pdice DepartmBnt 4305 Sanh Fe Avenue Vemon, CA 90058 Copies to: Director of Finance City of Vemon 4305 Sanh Fe Avenue Vemon, CA 90058 Franchisee: Notice shall be deemed efective on the d€te p€rsonally served or, if mailed, three days tha date deposited in the mail. lSignatures Begin on Next Pagel. March 2O1S lN WITNESS WHEREOF, the Parties hereto have ceused this Agreement to be executed by their duly authorized representatives as of the date set forth balow. City of Vernon, a Caftlofiia charter CJty IFRANCHISEE'S NAME, a [State and Galifornia municipal corporation incorporated inl corporation OATED: Mayor / Malor PrcTem Name: Tifle: ATTEST: By: Name: Maria E. Ayala, City Clerk Title: APPROVED AS TO FORM: Hema Patel, City Attomey March 2015 DATED: EXHIBIT A REOUEST FOR PROPOSALS March 2015 EXHIBIT B FMNCHISEE'S PROPOSAL March 2015 EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor cartifbs ard represents that, during the performance of this Agreement, th€ contratrr and each subcontrector shall adhere to equal opportunity employment practices to assure that epdicants and employees are treabd equally and are not discriminaled against because of their race, religious creed, color, national origin, anc6try, handicap, sex, or age. Contractor further csrtifies 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 b€half of Contractor, state that it is an'Equal Opportunity Employef or that all qualifiad applicants will receive mnsideration for employrnent 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 &ris Agreement, discriminated against applicants or emdoyees because of their membership in a pmtected class. D. Contractor agrees to prwide the City with ace,ess to, and, if requested to do so by City, through its awarding authority, provide copies ol all of its records pertaining or relating to its employrnent prac.tices, sxcept to the extent such records or portions of such records are confd€ntial or privileged under sbte or federal law. E. Nothing contained in this AgrEement shall be conslrued in any manner as to require or permit any act which is prohibited by law. March 2015 EXHIBIT D LIVING WAGE PROVISIONS Minimum Livinq Waqes: A requirement that Employers pay qualiging employees a wage of no less than $10.30 p€r hour with health benefits, or $1 1.55 per hour without health benefits. Peld3lC-lJ.EPcid.0ill,.lQfi : Emploprs provide qualifying employees at least twel\re compensated dap off per year for sick leeve, vacation, or personal necessity, and an additionel ten days a )rear of uncompensated time for sick leave. No Retaliatlon: A prohibition on employer retaliation against empbyees complaining to the City with regard to the employels compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer lor back pay, trebte damages for willful violations, and atbmey's fees, or to cornp€l City officials to terminate the service conbact of violating empbyers, March 2015 EXHIBIT B EXHIBIT B FRANCHISEE'S PROPOSAL PROPOSAL FOR GITY OF VERNON FRANCHISE TOW FEE PROGRAM Submiffed by: Jimmy Sandhu H.P.Automotive & Tow, lnc. 7300 Roseberry Ave. Huntington Park, CA Tel: 323-583-1831 THE CONTENTS HEREIN CONTAINED IN THIS PROPOSAL ARE HIGHLY CONFIDENTIALAND ARE INTENDED ONLY FOR AUTHORIZED READERS AND THE INTENDED PURPOSE. ORIGINAL 1. 2. TABLE OF CONTENTS Cover Letter Proposal: Pages L-20 A. Introduction B. General Scope ofwork C. Work Plan D. Fees and costs E. Ability of the proposer to Perform 3. Attachments (Exhibits A - E) 4. Affidavit of non-collusion Cover Letter H.P.AUTO}IOTIVE & TOW. IhiC. PO LIC E T,V PO L'N: D A STA R4 G E S E R I,' IC E Light-Medium -Heavy 7300 Roseberry Ave. Hurtingtoo Fark. CA 90255. Tel: 321-583-1831 April '15, 201 5 City of Vernon Attn: Hon. Mayor, Members of City Council, City Manager and Police Department Attention: Captain Michael Gillman RE: REQUEST FOR PROPOSAL FOR A FMNCHISE TOW FEE PROGRAM Dear SiriMadam: H.P. Automotive & Tow, lnc. (hereafter "H.P. Tow") is pleased to respond to the City of Vernon request for Franchise Tow Fee Program; by and through its officers, including the authorized contact representative for H. P. Tow for this process, Mr. Jimmy Sandhu, President, whose contact information is listed above. Since 1966, H.P. Tow has been providing excellent towing and storage services for a number of local municipalities and government agencies. Some of our current government agencies are The Department of Homeland Security, California Highway Patrol, Los Angeles County Sheriff Department (Compton, Century, East LA Sheriff), LA Metro Sheriff, LA County Sheriff Task Forces for regional auto theft prevention, Transit Services Detail, Transit Services Bureau), Huntington Park Police, South Gate Police, Vernon Police, Bell Gardens Police, Bell Police, Lynwood Parking and Commerce Parking Enforcement Division, Burlington Northern Santa Fe Police, and Los Angeles School Police. Given our extensive background in serving a large number of agencies, we are very confident that we will fully meet or exceed all the expectations set forth in your Franchise Tow Fee Program. Our list of current clients speaks clearly as to our services, commitment and dedication to those who we serve and we shall provide the same quality of services to the City of Vernon. We are currently serving the City of Vernon since 1972. Our staff has developed a strong relationship with the City Staff and the Police department for the last 43 years and if given the opportuniiy, we will continue to serve the City with the same high level of services. We fully understand the scope of services and general duties required by this Franchise Tow Fee Program including the franchisee's compensation, franchise fees, facility requirements, operating equipment requirements, well trained personnel, adequate insurance, ability to secure customer property and required experience. We further understand the importance of and agree to perform rapid responses to calls, continual towing services and to maintain complete, adequate towing and storage facilities and accurate H.P.AUTOMOTM & TOW, Ilrlc. POLICE IMPOLND &STORAGE SERVICE Light-Medium -Heavy 7300 Roseberry Ave. Huofington Park, CA 90255. Tet:323-583-l&1. records: understand and accept all the aspects of the contract terms, vehicle release fees and other procedures, rules and regulations, as well as the required City fees, assessments and payment of such to the City. ln addition, we welcome the City's thorough investigation, and agree to fulfill all of the above terms, guidelines, and requirements as set forth in the Franchise Tow Fee Program, and shall continue operating in full compliance with specific rules governing official police garages and any other applicable rules and regulations whether they are federal, state, county, special distric{ or city, or which may be incorporated as part of the contraci. ln addition to our 24 hours traditional towing, storage and lien sale services provided to our clients, we are also committed to serving the community. We participate generously in several community events, law enforcement events and nonprofii organizations giving back to the community. lf awarded this contract, we will conlinue to maintain a high level of involvement and support for the City of Vernon and its citizens. This cover letter is included as part of the response to the "Franchise Tow Fee Program" for the City of Vernon and, as the authorized representatives, we hereby certify that we are authorized to bind the company to all commitments made in this proposal, that we are authorized to execute this letter, agreeing on behalf of H.P. Automotive & Tow, lnc. to the assurance, certifications, and compliance requirements as stated in this Franchise Tow Program and to the best of our knowledge, every part of this proposal is true and correct. Our proposal shall remain open for one year from April 15,2015 io April 15, 2016. We will not be utilizing any sub contractor with this proposal. We sincerely thank for the opportunity and serious consideration given to our firm and we look fonlrrard serving the City of Vernon. ln closing, it has been our honor and pleasure to serve the City of Vernon for last 43 years. Please feel free to contact us should you have any question or concern in this process. PresidenUC. E.O Introduction: [A] INTRODUCTION: I A I H,P. Automotive & Tow, lnc. was founded by Mr. John Malone in the early 1950's, and the company was named after the City of Huntington Park, where it first began its operations. lnitially, Mr. Malone started with one used tow truck, no employees, no yard, no phone number and no private or govemment agency contracts. As the business began to slowly grow with private tow service calls, the company eventually was incorporated in 1966 as a Califomia corporation. Mr. Malone continued to work on building this business and then eventually retired in 1984. ln '1984, a retired Utah Sheriff s Officer, Mr, Terry Dean Hoskins, whose father was a manager with Mr. Malone, purchased the company. Mr. Hoskins then began to further build on this established business and added new facilities and obtained new govemment contract work. Mr. Hoskins had many successful years and maintained a reputable operation for nearly twenty years. ln 2002, ltr. Hoskins retired and sold the business to two brothers, Mr. Jimmy Sandhu and Mr. Sukhbir Singh. When these two brothers took over this operation, they knew that they had to invest substantial capital into this business, in order to redefine it as a modem operation and a leader in the industry. These new owners purchased a new fleet of trucks, improved the facilities, bought new equipment, improved the operations intastructure by adding new technology, and hired more quallfied employees. ln doing so, H.P. Automotive & Tow, lnc. lnc. has become a state of the art Official Police Garage operation and has become a great employer for the communities it operates in last 49 years. Due to their hard work, investment, professionalism, the mmpany has grown substantially over the years. Today, H.P Automotive & Tow, lnc, continues to grow and has bemme the most reliable source for towing and storage operaiion in Los Angeles Coung. Our understanding of he assignment: We have served and established a strong working relationship with the City of Vemon for last 43 years. Having served for a long period of time, we have a great understanding about the requirement of the City in terms of 24 hours of towing, storage, evidentiary & impound services, 24 hours customer assistance and release window, secured facilities, professional staff, rapid response, modem equipments & technology, full capacity to handle workload-light, medium, heavy duty vehicles, bilingual staff and mmmuniiy involvement. Srgnilicanf steps; We have dedicated drivers, phone line, trucks and facility specifically asslgned for the City of Vemon to handle the workload efficiently 24 hours a day seven days a week including holidays. ln the last 49 plus years, we did not have had any performance issues, or any major insurance claim, or any small claim law suits. Our dedication, integrity, successful operalions, professional team members, and proactive management have taken us where we are today and have become a reliable source for an official police garage in the area. llethod and procedures: We have very systematic and sophisiicated operating standard procedures for the mmpany. We have advance and vigorous training programs for drivers, dispatchers and supporting staff members. Most of our tof20 staff members have been with us for a long time and are well aware of mmpany's strict rules and regulations. All our trucks, facilities and training programs meet the highest standard in terms of safety, 1..ipon.. time and customer sailsfaction. Our fleet is periodically inspected by Califomia Highway Patrol, LA County Sheriff Departnent, local police agencies and by in house staff members. We do thorough background screening for all our employees' recruitment. All our tow trucks are modem, fully equipped and mmply with Califomia mdes. All of our facilities are properly secured and protected in order to avoid theft and/or trespassing on to our facilities. We maintain 24-hour video camera surveillance and random inspection by our onduty staff. Regardless of the value of an impounded vehicle, all vehicles are treated equally and receive proper protection and safekeeping. Maintaining properly trained, loyal and courteous employees is essential. All of our drivers and dispatchers receive intense training by a retired CHP Ofiicer and J. J. Keller & Associates. Our drivers and dispatchers are also sent out to the Califomia Tow Truck Association (hereafter CTTA) for certification. Once certifications are attained, drivers are further trained on a one on one basis by one of our experienced staff members. ln addition, we conduct in- house classes for all our employees on essential educational matters. One of our hiring policies; is to hire employees with at least 3 years of experience in the field for which they are being considered. We conduct weekly meetings witr key personnel and monthly meetings with our staff in order to periodically evaluate our operation and our performance as a whole. This leads to performance excellence in our operations as we are able to resolve issues and establish new guidelines in order to better serve our clients and our operation. Developing a strong relationship with police agencies and their staff is one of the approaches our management takes into serious consideraiion. We remgnize that a major area in our performance is to serve the govemment agencies we are contracted with and to understand those agencies' goals and objectives. We place the iop priority to the govemment agencies requests for services. We strive to keep all of our employees fully kained and certified in all applicable areas of our operation. Our training program is very specific for all of our drivers and includes training for our non- driver personnel, Some of our training is conducted in-house by our senior staff members and other training is conkacted with other top providers. We require thatour drivers and other personnel obtain the proper certifications in theirgiven area of employment, lt is our firm belief that well trained, informed and certified employees are the essential part of our operations. Excellence is something that comes with experience in dealing with very diverse communities and highly congested envrronments. With all the challenges in our industry, we are still maintaining the highest level of performance and satisfaction deserves by our clients. We have been delivering professional services on time within our budget for 43 years and we will continue to improve our level of services, facilities and operations as we go into the future. (Please see b<hibit - A in attachment section) 2of20 General Scope of Work: [B] GENERAL SCOPE OF WORK: I B ] We are cunently working with many govemment agencies, and providing with high level services at all times in Los Angeles County area from our main office Huntington Park, Califomia and several satellite facilities locaied within our geographic working area. We provide comprehensive Light, Medium, and Heavy duty towing, impound and storage services as well as road side assistance 24 hours of day, 7 days a week' tn generai we have provided extensive tow services since 1966 for many govemment agencies and general public. Below is tlrc list of agenci* that we serve: F Homeland Security F Califomia Highway Patrol (Soutr Los Angeles Area) ) Los Angeles County Sheriff Department (Compton, Century, and East LA station) ) Huntington Park Police Department ) Vemon Police DePartment. ) Bell Gardens Police DePartment. ) Bell Police Department. ) South Gate Police Department. F Los Angeles School Police Department. ) Budington Northem Santa Fe Police Department (BNSF) F Lynwood Parking Enforcement ) Commerce Parfting Enforcement We also offer full services to corporate and private sector clients. Some of trem are listed below. ) Automotive RePair ShoPs D Auto DealershiPs D EquipmentTransportaiion D Road side Assistance: Tire changes, Jump starts, Lockout, Pull start, Recovery, Fuel Delivery, Vehicle Loading and Unloading, Disablement, etc. F Local and Long Distance Towing F Private property towing - C.V.C. 22658(4) D Loading and unloading vehicles F Long term storage small, medium and heavy duty vehicles Demographic service area & our strategic locations: We are serving nearly 2 million residents in highly dense and diverse communities and interact with over 1500 police offlcers and supporting staff memberc on a monthly basis. ln addition to that we also work closely with 300 elected govemmeni ofiicials in our service area. This exposure has given us a rare experience and knowledge making us as a leader in the towing industry. The proposed operation runs 24 hours 7 days a week. Serving the city of Vemon has been such a pleasure that we have developed unique relationship and systematic approach to fulfill and exceed all the towing needs by the City of Vemon. The Cityhas an uea of S.12square miles, a population of approximately 114 residents and over 45,000 visitors during the day. We are well aware of the towing & storage workloads 3ofZA and requirements of the police departments. On an average, Vemon Police Department (VPD) impounds and shres approximately 85 vehicles per montr. Based upon the VPD needs, we have established a permanent satelliie facility at2623-2625 East 56u,Street, Huntington Park, CA 90255 which is half a mile away from the City boundary. We utilize this location exclusively for the City of Vemon for dispatching our tow trucks, for storage, and for impounds. We also have additional satellite facility at 1831 East 65tt street, Los Angeles, CA 90001 which is a 1.5 mile away from the city boundary. ln addition to the above two satellite facilities, our main office is located at 7300 Rosebeny Avenue, Huntington Park, CA 90255 which is about 2.5 miles away from the City boarder. All these resources have made us extremely prepared for the City requirements at all times. Business information summary: Business Name H.P. Automotive & Tow, lnc. Business Head Quarter 7300 Roseberry Avenue, Huntington Park, CA 90255 Business Tel-Fax-Web Tel:323-583-1831, Fax: 323-583-3322, Web: wvwv.hptow.com Year incorporated in CA 1966 Concoration Registration lD c0518421 Corporation Primary Agent Jimmy Sandhu Business Type Providing Police Towing, lmpounds, Storage, Lien Sales, and related services in full capaciiy of Lighi, Medium and Heavy duty vehicles Business Annual Revenue Aoproximately 3 million Business hours 24 hours for services 7 days a week including holidays Normal business hours 7 am to 7 pm for customer assislance and vehicle release process After hour qate fees Durinq at niqht qenerally from 7 pm to 7 am Public auction time and day Every Friday from 12 aftemoon to 3 Pm Years of govemment contract exoerience 49 Years Combined experience of a team members Over 200 years Number of fleei 12 tow trucks, 1 service unit, 'l mobile unit, 6 forklifts Evidentiary capacity 30 vehicles at any time Averaqe monthly tows 850-1000 Storaqe capacity Over 800 vehicles at any lime Annual total tows, lmpounds Approx.10,000 Average response time Under 15 minutes Estimate area of coverage 35 square miles with over 2 million residents Averaqe number of employees 22lo 32wilh full time, part time and temporary labor Toial faciliiies 1 primary and 3 satellites Facilities square fooiage 5 acres (approx) 4of20 Corporate Values: lt is our fundamental belief that a business must have a set of ethics and accountability that guides it through its business purpose. We consider all tre various entities and pesons ihat we serve on idaily basis to be unique and deserving of our highest consideration. Furthermore, we respect the dignity and recognize the merit of all individuals involved in our enterprise. As a result, we are dedicated io t6ttowing ouivalues of ethical operations, performance with integrity, and being fully accountable for our actions. lmplementation Plan: We are commiited to providing professional, prompt, damage-free towing and roadside assistance, Storage, evidentiary holds, and release services with a promise to making customer service, customer satisfaction and superior work quality our top priority. Our commitment begins at the top of our company chain and is relayed to all personnel and is expected as a mandatory objective of our operations. We empower our em[loyees to make changes that are positive to our company and which enhance the satisfaction of our customers. ln addition, we support our employee's proactive obiectives which allow our company to expand and progress. Allowing our employees to have the ability to influence how H.p, Automotive & Tow, lnc. operates, maintains a positive morale and demonstrates their importance and commitment to our daily operations. Customer Satisfaction: As an Official Police Garage facility, we understand the challenges in providing customer service and customer satisfactlon. We firmly believe that in order to gain respect and common courtesy, respect and courtesy must first be given. Our staff is fully trained to understand the complexities of our iustomers' emotional itates when they anive at our facilities. Therefore, a properly trained and experienced employee is ttre key to effective customer satisfaciion. Our objective is to be_ respectful and to provide courteous service to our customers. We strive to provide friendly customer facilities, bilingual speaking staff, efficient equipment and rational procedures in order to serve our customers professionally and effiiienly. We view everyone living in our service area as a potential customer, friend and neighbor. Our goal and desire has been and wilicontinue to be a business that is an integral pari of a community which takes the necessary steps to help our community meet ib local needs. Our 49-year joumey and history in this industry has been a long and committed one and are always open to public feedback. performance Excellence: We have faced several challenges in our long years in this industry, but have always maintained a widely respected level of performance excellence within our industry standards. We believe that modem equipmeni, a professional trained staff, cutting+dge technology, and our committed relationship with our community and police agencies have all been guiding points- to our level of excellent performance over the years. The following is a summary of the most important factors that we take into consideration when it comes to performance excellence in our operattons. We keep all tow trucks modem, fully equipped; maintain annual inspections by the CHP, daily random inspections by our staff and periodic insireciioni by other agencies. Generally, we replace our light duty equipment prior to 150,000 miles and heavy duty irucks 500,000 miles. ln addition: I All of our facilities are properly secured and protected in order to avoid theft and/or trespassing on to our faciliiies. We maintain 24-hour video camera surveillance and random inspection by our on-duty staff. > Regardless of the value of an impounded vehicle, all vehicles are treated equally and receive proper protection and safekeeping at all times. > All of our drivers and dispatchers receive vigorous training in all aspects of their job duties. Our dnvers and dispatchers are also sent out to the Califomia Tow Truck Association (hereafter CTTA) for certification. Once certifications are attained, drivers are further trained on a one on one basis by one of our experienced 5of20 staff members. ln addition, we conduct in- house classes for all our employees on essential educational matters, > Developing a strong relationship with police agencies and their staff is one of the approaches our managemeni takes info serious consideration. We recognize that a major area in our performance is to serve the govemment agencies we are contracted with and to understand those agencies' goals and objectives. We always give priority and special attention while serving our law enforcemeni agencies. Training and Safety Standards: At H.P. Automotive & Tow, Inc., we strive to keep all of our employees fully trained and certified in all applicable areas of our operation. Our training program is very specific for all of our drivers and includes training for our nondriver personnel. Some of our training is conducted in-house by our senior staff members and other kaining is contracted with other providers. We contract with Califomia Tow Truck Association, J. J. Keller & Associates, lnc. and a retired C.H.P. officer' Our goal has always been to maintain a cohesive relationship with our employees and to assist them in beitering their potential in this industry. ln evaluating tfre qualifications of our personnel, we take into consideration the following qualities: . Prior experience in the area of objective Knowledge and education/certification in area Comprehension of the objective . Professional interaction with law enforcemento Abilig to handle the assignments efiiciently . Personal interest in this industry and motivation to advance personal and social interaction with co-workers, customers and general public o Performing the duties with honesty and integrityo Self motivated and self discipline and wish to make a career in the industry. Share the management vision in terms of quality of service, work ethics, skill sets and honesty. We believe in giving everyone a fair and equal chance when it comes to recognitions and promotions based upon their work ethics and dedication. Our training programs include the following areas: . Drug testing 2 times a year. . Enrolled in random drug testing, . Enrolled in DMV pull notlce program. . Live scan finger . Vehicle release ' General Dispatch. Safety in the Workplace. CustomerSatisfaction. Dispute Resolution. Reporting/Finance. Data Management. Vehicle and Equipment . Professional Driving. Forklift Safety Awareness. Safety in Equipmeni. Safety in hefeld. ' Risk Management ' State Compliance. Roadside Service. General tow training 6of20 DRI\IERS: DISPATcHF{G / suPFoRf STAFF: REQIJ}RE$ENTS FoR . Vehicle lmpounds ' Vehicle Recovery. Lockout Procedures. Substance Abuse Awareness Maintenance. Personnel Policies. Booking Personal Property. Evidentiary Hold Procedures. Administrative Rules and Procedures Updating drivers general towing policies every month. Dispatcher and Drivers Training: Drivers receive training in proper operation of all equipment. Proper operation includes but is not limited to safety, maintenance, application of procedures and compliance with regulatory requirements. Well mainiained equipment and well trained drivers guarantee the safety of our personnel and the general public. Our dispatchers and office personnel are extensively trained in customer service issues and in properly dealing with agency requests. All of our employees are trained in dealing with customers who may have an elevated emotional state. We strive to comfort those who are upset due to the given circumstances and to focus on dealing with issues rationally. ln addition, employees are all trained ln our communication and technology systems in our office. Proper and professional communication with our clients, our agencies, and our drivers is essential to maintaining an effective operation All of our personnel receive extensive training in safety issues. Some of the safety training applies specifically to the operation of equipment and roadside assistance. Other safety training programs deal with workplace safety and the safety of our customers and their property. Safety compliance is not only applicable to our drivers; it is applicable and required of all our personnel. H,P. Automotive & Tow, lnc, has and will continue to invest in the training of its personnel. This investment provides a positive retum for our company, our clients, our customers and our employees. Probation period for new drivers: It is our firm belief that well trained, informed and certified employees are the essential part of our operatjons. Normally all our drivers bring minimum 3 years of expenence before they are hired and they have basic skills and knowledge about tow industry. once they are hired, they will be given a new uniform, necessary tools, training manual, company policies and procedures, and proper equipment with tools for them to drive. ln the first two weeks every new driver will drive along with a senior driver and senior driver will monitor the knowledge and skills and report to Shift Supervisor and General Manager. After the 90 days we do full evaluation on driver's abilities to handle the workload efficiently. Police lmpound handling process: To successfully run the operation, we have advance towing software system which we utilize during dispatch process. We use Towing Activities Support System (TASS) which is highly reliable, secured, and user friendly. Once we receive the call, we will deploy one of our skilled drivers with the truck closest to the scene under 15 minutes for light duties and 30 minutes for heavy duty calls. We use GPS device in all our trucks to respond quickly. Our dispatcher documents the time received, time dispatched, anival time at the scene, our driver in tow with the vehicle. Drivers will follow the directions from the officer at the scene before they clear the scene with all the written authorization CHP 180 form. Driver also canies absorbent 7 of 20 for T.C vehicles in case they have to clean up the basic oil spill, radiator leak or minor debris at the location. Once the driver clears he street flow they will then proceed back with the vehicle to our facility for safe keeping of the vehicle. once the drivers in tow with vehicles, they will secure the vehicle safely. Drivers tum 180 CHp form documentation paper work with full verification of license plate, VIN verifications and submitted to our dispatchers on duty at our location for proper safe keeping and data recording into our system. Dispatcher monitors these calls and work very closely with our clients and our drivers throughout olr operation. Once the vehicle is dropped off at our secured facility, all the vehicles will be parked accordingly based upon the police request. Our trained staff members will sort them out by size, duration, inside requirements in case hold for evidentiary purposes. They also book all fie valuable property in a secured safe and documents on CHP180 form. Dispatcher also write on tfre front left windshield indicating the agency name who authorized the tow, driver's name who tow the vehicle into our facility, date of incident. We also take extra steps such as roll up all the windows, set the emergency brakes for he safety reas0ns. Vehicle releasing process: Our dispatchers are well trained in handling the vehicle release process. They are standing by to assist he customers in the vehicle releasing process 24 hours day, 7 days of a week including holidays. On an average we release 25 to 30 vehicles a day. Prior to releasing the vehicles, we will carefully verify all the documentation and charge the appropriate amount to the customers. We will record all the monetary transactions, process payments, create computer generated invoices on tow charges and fees, and also release the valuable properiies to the registered owners as needed. The copy of the invoice will be given lo the customers upon collecting all the due charges for the services rendered. Our record is maintained for 7 years period. Lien sales procedure and public auclion: We have been selling our unclaimed vehicles exclusively through public auctions. Our auction team is fully trained and experts in the lien sale process. All of our unclaimed vehicles are sold at public auctions and we have never accepted sealed or secret bids. We hold our weekly public auctions on every Friday ai 1831 East 65th Street, Los Angeles, CA These auctions are held in accordance with the provisions of section 3071 and 3072 of the Civil Code. Every person will get a chance lo inspect the vehicle before trey can bid. These auctions are free entry and open to general public. Our employees are not allowed to participate in our auction. The lien sales are divided into three stages (CVC code: 22851) The first stage is value $500 or less (maximum slorage is 15 days-CVC code 22669) The second stage is value $501 to $4000 (maximum storage is 60 days) Third stage is M000 and above (the maximum storage is 120 days and additional 10 days redemption. Reoo Cliim Vehictes: On 30 day holds, Repo Company gets 15 days waived on the storage under CVC 14602.02. ln compliance with applicable laws, when a vehicle comes in our custody, we place a lien on that vehicle after 72 hours in our custody. We conduct our lien sales on our vehicles on Monday, Wednesday and Friday. The valuation of the vehicle is conducted by impounding authority noted at CHP 180 form generated by govemment agencies. However if 72 hours has elapsed and such authority has not determined the value, we will conduct our own independent evaluation of said vehicles. 8of20 Once the vehicle clear the lien process as described above, we will proceed with those vehicles in our weekly auction and legally dispose them and record following information: . Date of auction. Auction number/ batch number o Purchase/s name and address . Proper invoicing. Record keeping for 7 Years. Lien sales are conducted as per DMV requirement. We conduct our lien sales of unclaimed vehicles once a week. Our auction is open to general public. Hours of auction are 12 noon to 3 pm every Friday including holidays. Facilities: We have four facilities available to handle our business and can store vehicles as per our needs' Head Quarter Location: 7300 Roseberry Avenue, Huntin$on Park, CA 90255' This facility meets all City, Stale and Federal requirements for our type of operations. This facility houses not only our Corporate &ce and Main Yard, but also has Customer Office and Lobby Area. This location is wheie we maintain our administrative staff, dispatch center, technology center, communications center, and business records. lt is also at this location that our Customer Service Department handles all customer vehicle re{eases. The facility is fully secured by perimeter block walls, concrete floors, overhead lighting, surveillance systems and free customer parklng. Our goal is to secure our main office facility and to provide the maximum security for the vehicles which are in our custody and safe keeping This Main yard may slore up to 220 cars at any given time. We have also established primary evidentiary hold area for I vehitles as well as one Iift for the detective to conduct investigation as necessary to our law enforcement agencies. ln this facility we have offices for senior execuiives, general manager, shift supervisors, dispatchers, police lobby, and employee lockers & break room, lien sales processing center, technology room, customer lobby, city ipproved iow rates poster, ADA ramp, customer rest room, pay phone, and proper landscaping. Satellite facilities: (3 locations) Location 2: 1831 East 65 Skeet, Los Anqeles County, CA 9001. This location also meets the high standards of secrnty anO f'as necessary safe keeping amenities such as surveillance system, overhead lighlng, concrete floors, maximum securiiy for the vehicles which are in our custody and safe keeping. This tacititycan store up to 120 vehicles. Total area is approximately 28,000 square feet. Location 3: 2623-2625 East 56 Streei. Huntinqton Park, CA 90255. This location also meets the high standards of secqrity anO tras necessary safe keeping amenities such as surveillance system, overhead lighting, concrete floors, maximum security for the vehicles which are in our custody and safe keeping. This ficility can store up to 80 vehicles. Total area is approximately 15,000 square feet. I of 20 Location 4: 9824-9830 Atlantic Avenue, South Gate. CA 90280. This location also meels the high standards of security and has necessary safe keeping amenities such as surveillance syslem, overhead lighting, and asphalt floors. This facility has 30 free customers parking, evidentiary hold for 20 cars, drivers training room, locker rooms, our service area, truck service area parts room, and also has maximum securif for the vehicles which are in our custody and safe keeping. This facility can store up to 450 vehicles. Total area is approximately 89,000 square feet. All our facilities in compliance with city, county and state codes and are properly insured. Vision for the City of Vemon: Since H.P. Automotive & Tow, lnc. has been serving the City of Vemon for the last 43 years, we strongly believe that we have necessary resources, abilities, equipments, technology, management, facilities, work ethics, reliable stafi, community involvement and quality of services to fulfill City needs in all aspects of towing, storage, road side assistance and related services with pride and honor. We have built a solid foundation of trust and confidence and it will definitely continue to grow as we look into the future. Our Mission and Commitment: H.P. Tow's mission is clear and simple. We are committed to provide the most professional and reliable services to our clients and maintain the highest standard in the industry. We will perform our services wiih the greatest degree of integrity and honesty. We will always remember to contribute back to the communities for which we provide services to and strive to make those communities a better place to live in. We will invest in our operations and in our employees; always maintaining highest level of safety and training. We shall be the role model for our industry and shall always strive to be a conscious operation as it may pertain to our environment, our clients, our employees and the communities we work in. (Please see Exhibit - B in attachment section) 70 ot 20 Work Plan: [C] WORKPLAN:ICI we believe that our commitment to providing professional, prompt, damage'free towing and road side assistance, storage, evidence hold, and release services begins with promise everyday to make customer service; customei satisfaction and superior quality work our top priority. This commitment at he top of the .orprny', chain of command is relayed to all personnel, no matter their positron or location' Being committed to quality service involves every individual in our company having responsibility in heir actions with each other and the customer we encounter. We empower our employees to make changes that are positive for the company. Also, we praise employees for forurard hinking that allows our company to expand and progress. Allowing employees to have the ability to influence how H.P. Tow, lnc' operates and maintains , potitir. morale and demonstrates their importance and commitrnent to the daily operations' ln the past 49 years we have towed and stored over a million vehicles of all types. Due to our dedication to customer Service and employee training, we have not received any written complaint from any of our govemment and municipalities agencies All of our work plans have been implemented successfully over the years and we are very proud to continue the hadition of excellence. Major Work Plans in use: 1 . Set an example for the City of Vemon, its residents, visitors and business community that exceeds tow industry standards. 2. provide necessary modem equipments to assist and satisfy the police department's daily needs. We have 12 tow trucks (light-medium-heavy) and 2 service units in our fleet and are professionally equipped with necessary equipments to handle the workload efiiciently. All our bucks are stricUy maintained as per manufacturer requirements. We have the necessary equipment to handle light, medium and heavy duty towing to fulfill City requirements most efficiently. We are aware of specific needs of the City of Vemon about commercial and oversize towing necessity and have added heavy duty tow trucks to our fleet. 3. We have 12 phone lines with 4 automotive roll over, dedicated fax, and payment processing numbers,8 independent phone stations with the recording up to one year' 4. All our facilities are equipped with forklifts for customer assistance and for organizing the vehicles properly. S. nssist ihe Poli.e Department with general towing, impoundment, evidentiary hold, and storage and road side assistance as required. 6. Assist the police department in setting up special events such as DUI check points, parade, camivals, rides, supporting events, and during natural disasters. We provide tables, chairs, lighting, shelters, canopies, refreshments during these events. 7. provide the Fire Department with the junk vehicles for use of training and educational sessions' We also assist fire department with towing services as needed within or outside the city boundary. 8. provide expedited response for all service requests by having twenty-four hour on-site dispatching as well as having our trucks strategically placed throughout the city, 9. provide consistent quality service by utilizing our own employees and fleet to provide service and lt of 70 14. deploy fucks from our other locations to assist when needed. 10. We have maximum security in all our facilities monitored 24 hours using sophisticated surveillance systems with 30 days day and night vision and 30 days of remrding. Most of the facilities equipped with high quality cameras that could capture all the angels of tfre yards. They also periodically are supervised by our team members. 11. We have overhead flood lights for maximum visibility at night. ,l 2. Most of our facilities are secured wih 8 feet block walls and 2 feet of barbed wire for maximum security. All our facilities floors are debris-free, weed-free, oil-free and covered with solid concrete with proper water drainage. 13. All facilities are graffiti free and have beautiful landscaping per the city code requirements as well as for own better appearance. we have state of the art office equipped with advance phone and work stations. we have additional sitting area for the police with necessary amenities. All our employees go through vigorous background screening. we accept cash, credit cards, corporate checks, money orders in the form of payments. we conduct all the payment transactions in clear view of customers and record all the transactions for our file. 17. We have proper system to address custome/s complaint and our staff is trained to handle them as quickly as possible. 18. We process lien sales on unclaimed vehicles as required by the applicable sections of the civil and vehicle codes. We conduct our public auction on a weekly basis as required in a mmmercially reasonable manner. We have armed security guards during the time of public auction. We clean and wash all the cars before sell to the public. 19. We have customer parking for handicapped as well as for regular customers. We also have customer lobby and bench for the resting. All our approved towing rates are posted clearly in the lobby. We also provide public restroom when needed 20. We provide quick response to the towing services as well as to customers during the releasing process. 21. All our documents are well recorded and kept in a very secured place and locked by the general manager, 22. We are able to store up to 30 vehicles in a closed area which is specilically designed for evidentiary hold purposes. Our evidentiary hold area is properly secured and fully equipped with necessary tools. We also have vehicle lift to assist the detectives with their investigations. 23. Our facilities are capable of handing large volume and can store up to 800 vehicles at any given time. 24. Although towing service is available 24 hours, our normal business hours are 7 AM to 7 PM including holidays. 25. We have generators for backup in case of power outage or shortage. 26. We can also assist customers after normal business hours at additional charges for vehicle release process. 27. All our drivers have professional appearance with corporate uniforms. 15. 16. 72 of 20 28. We treat all our customers wilh respect and pay attention to their needs' 29. All these years we are committed to quality of service and always open to new suggestions that can improve our services for customer's total satisfaction. We have been and continue to be a role model in towing industry. We offer road side assistance and towing to our police agencies as needed whether it is in our working area or outside the area. For the Vemon police department, we have provided this service for last 43 years at NO COST. We have a separate lobby for police officers to conduct paper work at our facility with full access to intemet, printer, copier, fax, telephone and rest room. We also allow K-9 unit training at our facility. We give low value vehicles to fire department and police depariment for training and educational purpose from time to time. 30. ln many occasion we have gone outside the city boundaries to tow small and large vehicles that are owned by the CitY of Vemon. 31. We have invested over 5 million in our operations over the last 10 years in terms of facilities, equipments, technology, and employee improvements. 32. We generously participate and contribute to various community events, including; religious, non- profit organizations, youth and senior events, police educational and memorial foundations, youth and booster clubs, local school and community events, cancer and diabetes societies, local sports and beauty pageants. Service request: All the tow requests come through the phone lines received by our professional dispatcher. They are highly experienced and trained. They also assist customers at the window for releasing the vehicles to their registered owners, legal owner and insurance companies. Once our 24 hour dispatchers receive the data, the request for the towing services, it is passed on to our drivers. All the trucks are equipped with GPS device helping them to respond rapidly. Giving the circumstances of geographic area, we have divided our working area into four different zones (North, South, East, and West). Each zone has 2 drivers available during peak hours, one with standard truck and other wrth flatbed. This method has been very successful for our operation in responding to all the calls less than 20 minutes. Drive/s on duty: Most of our drivers are bilingual (English and Spanish). On duty trey act very professionally and wear Company's uniform with a name tag. All our drivers are highly experienced and trained to handle light- medium-heavy duty towing requests. Once drivers receive the call, they will 97 the call less than 15 minutes. Once they hooked up with the vehicle, they will proceed forward to our secured facilities for safe and secure unloading. Our drivers then tuming all the paper work to dispatchem for update lhe inventory. Our drivers work as a team with other drivers as well as officers in the field in carrying our towing operation efficiently. All the drivers maintain their equipment as per California Vehicle Code Requirements. All our drivers enroll DMV pull notice program and random drug testing as per state, and federal requirements. Yardman: We have a yardman who is specifically trained to mainiain all the vehicles in the facility by categories and sizes from small, medium and large. Certain vehicles will be hold for evidentiary purposes where we have to house them in enclosed secured facilities. This person is in charge of inventory of vehicles as they come L3 of 20 in on a daily basis, makes sure that all the vehicles are properly parked for easy access, is responsible for up keeping and maintaining of facilities, and vehicles inventory at all times. Shift Supervisor: All our shift supervisors are experienced and highly trained. We have assigned shift supervisor for each shift in 24 hours. Shift supervisor will monitor and manage all the aspects of operation in terms drivers' performance, documentations and finance. Each shift supervisor will make a detail daily report about all the activities and submits io lfre General Manager at the end of their shift. Each shift supervisor manages on average 6-10 personnel and coordinates their duties. Finance and Human Resources (HR): Our finance officers are experienced and highly kained. We have in-house finance department who reconcile documentatjons and banking on a daily basis. Our finance department handles all aspects of accounting. Our HR department looks over recruitment, training, employee data, pay rolls, seminars, workers insurance, workers comp, business licensing and permits, maintain tow logs, and maintain all necessary business related files. IT Manager: We have experienced and trained lT manager on site. He maintains all computers & software's, facility surveillance system, communication system; two ways radio system, data servers, electric gates motors, and office equipments. Lien Sales and Auction: We have a professional team who is dedicated for lien sales and auctions. We use Clear Choice lien sales services, San Diego, CA. All unclaimed vehicles inventory go for public auction on every Friday. Our public auctions are held in accordance with the provisions of section 3071 and 3072 of the Califomia Civil Code. \^Je have been selling vehicles through public auctions which are free entry and open to general public. On an average, we sale 4G60 cars per week. General Manager: Our General Manager is highly experienced and trained who overlooks the entire operation. He manages facilities, fleet, employees, assist general public and work very closely with law enforcement officers. He oversees all the office report and procedures. He works closely with all the shift supervisors to ensure consislent quality of seruices. Vice President / Chief Financial Officer: Our Vice President has over'19 years of experience and is well aware offull operations. F Oversee all financial operations D Develop and analyze capital expenditures D Monitor inventory management F Strategic Plans for long terms ) Financing top line growth L4 ol 20 F Help Company identifY their SWOT F Offer ways to utilize accounting information to develop and grow the business prepare budgets and forecasts ts Deliver insight by analyzing results of key business trends set obiectives that support long-term company goals D Ensure our operation runs smoothly and efficiently at all times ) work very closely with all shift supervisors, General Manager, lT manager, Finance Manager, HR Manager, and Record Manager. President: The president is well experienced and is fully aware of all aspects of management and organization. He has wealth of knowledge about towing industry gained over 20 years. He has indepth understanding about mrporate values, geographic area, diverse community, govemment and law enforcement agencies. He is also appointed as a Public Safety commissioner in one of the cities in Los Angeles county. ) Oversee full operations of mmPanY ) Conduct meetings with Key Personnel twice a week F Oversee all govemment and public relations D Oversee all monetary and accounting operations purchasing and selling of business equipment and facility Maintain and obtain all business licenses and permits ensure compliance with all local, state and federal Laws ) Making key decisions regarding staff and employee relations, ensure customer and employee safety awareness, and sets corporate goals ) Ensure industry siandards are met and mmplied with oversee all community support and involvement ) Oversee all business expansion and improvement decisions F Ensure all staff is properly kained and certified in his/her area execute and oversee implemeniaiion ofcompany policies ) Welcomes the new ideas and suggestion to betier the company Analysis and Research: ln our joumey of 49 years in the towing sector, we have seen the gradual evolution in terms of services, equipments, iechnology, demographics, govemment requirements, facilities, labor laws, cost of business and many more. We have always kept pace with the changes and the growing demands of our complex business. We continue to leam based on our experience, ongoing research and analysis of the industry's changing demands and assure that we will always be ready to meet or exceed any future towing requirements for the City of Vemon. (Please see Exhibit - C in attachment section) 1-5 of 20 Fees and Cost: [D] FEES AND COSTS: ID ] we herein propose two options, for the city's mnsideration. However, H.P, Tow, lnc. is open to other options which may be proposed by the City. Proposed Option One: Note: Att rates cited above shall increase by 5% annually. All the residents of the City of Vemon will get 20% discount on all our seruices. Over one ton and over 20 feet Over one ton and over 41 feet Other service charges: Gate fees will be applied for each vehicle release after normal business hours $ 60.00 Clean up service on accident calls: lncluded in our houdy rates as above 0 Skilled labor as required on accident scene with recovery assistance rates $ 60.00 Lock out services on stored and impounded vehicles / Regaining entry into vehicles for police request: lncluded in our hourly rates as above_0 Road side assistance / Jump start / Fuel delivery i Lock out service / Tire change i Air delivery/ Push start / Loading and unloading will be charged as service call (oer request) $ 60.00 Motorcycle storage per day $ 20.00 Pick up bulk parts (per tow per one ton)$ 60.00 Evidentiary hold for victim's vehicles First 7 days From 8t, day onwards, per day storage charge will apply based upon type of vehicle 0 Drop fees when vehicles are hooked up $ 60.00 Light Medium Home tows / Owner requests (within 10 miles radius) flat fees Each mile after 10 miles radius Heavy Per Mile $ 85.00 $ 90.00 $ 125.00 $ 5.00 15 days Lien 30 days Lien fees short 90 days Lien fees lonq $ 70.00 $ 70.00 $ 100.00 All City owned vehicles we will provide road side service and towing Within 500 miles of the City boundary 0 Profit sharing with the City / Franchise fee 1st Year of the contract (flat fees - paid quarterly in four equal payments) 2no Year of the contract (flat fees - paid quarterly in four equal payments) 3't Year of the contract (flat fees - paid quarterly in four equal payments) $ 30,000 $ 32,500 $ 35,000 t6 of 20 Proposed Option Two: Over one ton and over 20 feet Over one ton and over 41 feet Miscellaneous charges: Gate fees will be applied for each vehicle release after normal business hours $ 60.00 Clean up service on accident calls: lncluded 4pgl!9q!y1q!99:9 eqgyg 0 Skilled labor as required on accident scene with recovery assistance rates per hour $ 60.00 Lock oul services on stored and impounded vehicles / Regaining entry into vehicles for police request: lncluded in our hourly rates as above 0 Road side assistance / Jump start / Fuel delivery / Lock out service / Tire change i Air delivery/ Push start / Loading and unloading will be charged as service call (per request) $ 60.00 Motorcycle storage per day $ 20.00 Pick up bulk parts (per tow per one ton)$ 60.00 Evidenliary hold for victim's vehicles First 7 days Frcm 8n day onwards, per day storage charge will apply based upon type of vehicle 0 Drop fees when vehicles are hooked up $ 60.00 Home tows / Owner requests (within 10 miles radius) flat fees Each mile after 10 miles radius Light Medium Heavy Per Mile $ 85.00 $ 90.00 $ 125.00 $ 5.00 '15 days Lien- Value less than $500 30 days Lien fees (short) Value less than $4000 90 days Lien fees (long) Value more than $4000 $ 70.00 $ 70.00 $ 100.00 All City owned vehicles we will provide road side service and towing Within 500 miles of the City boundary 0 Profit sharing with the City / Franchise fee 1st Year of the contract (on all tows) 2nd Year of the contract (on all tows) 3d Year of the contract (on all tows) 1 170 Gross receipt 13% Gross receipt '15% Gross receipt Note: All our rates mentioned above witt go up by 5% annually. All the resrdents of fhe City of Venon will get 20% discount on all our services. (Please see Exhibit - D in athchment section) Samp/es of other municipalities' rates 17 of 20 Tvoe of Vehicles Per Hour Per tlay Storage l,lhi$4q !!Igt!- Lioht Duty 120.0(35 00 Under one ton vehicles Medium Duty 1 45.00 Heavy Duty 250.00 60.00 Ability to Perform: [E] Ability of the Proposer to Perform: So far we have covered all the aspects of our services, resources and strengths in this proposal. Our 49 years of dedicated engagements in towing induslry, experience we have eamed, challenges we overcame and have successfully reached a Stage where we can safely say, H. P. Tow, lnc. has become a role model for the tow industry. Our workforce abilities were repeatedly tested over a long period of time while we perform our services in our working area of South East Los Angeles County. We have met and in some cases have exceeded the requirements set by our clients. We have eamed tfre respect and recommendations of many policy makers and law enforcement agencies for our services hat we feel humbled. Please find recommendation lefters in our Exhib it - E in athchnent section. We take the opportunity to briefly highlight key persons and their responsibilities that are behind the success of our operation. oversee full operations Conduct meetings with Key Personnel on a daily basis Oversee all govemment and public relations Oversee all monetary and accounting operations Purchasing and selling of business equipment and facility Maintain and obtain all business licenses and permils Ensure compliance with all local, state and federal Laws Making key decisions regarding staff and employee relations Ensure customer and employee safety awareness Ensure industry standards are met and complied with Oversee all community support and invoivement Oversee all business expansion and improvement decisions Ensure all staff is propedy trained and certified in his/her area Execute and oversee implementation of company policies Jimmy Sandhu President & CEO 20 years of towing experience Graduated Bellflower HS Attended Compton & Cypress College emphasis on business management Public Safety Commissioner, City of Artesia Very active in community Public Relation Light, Medium and Heavy Duty Towing Certified Oversee all financial operations, Develop and analyze business planning for capital expenditures, lnventory management, 5 year Strategic Plans, Financing top line growth HelpCompany identify their SWOT, Offerwaysto utilize accounting information to develop and grow the business Prepare budgets and forecasts, Deliver insight by analyzing results of key business kends Set objectives that support Iongterm company goals, Value preservation in relation to accounting, financial reporting and compliance lntegrate lT systems with introduction of enterpris+wide systems for high-volume routine processes to realize meaningful benefts in the form of cost and time efficiencies and improved data quality, Make smarter use of altemative service-delivery models in order to attain grealest efficiency inthe operations Sukhbir Singh Vice President /CFO 19 years of towing experience Aftended Cypress & Cenitos College emphasis on business accounting and management, Very active in community Light and Medium Towing Certified 18 of 20 lrlame. Position, Resume Rde and Responsibilities Dalbir Swaitch Operation Manager 16 years of towing experience Attended college in lndia with emphasis on management Light and Medium Towing Certified Oversee daily operation, Manage facilities fleet, yards and employees Oversee all office reports and procedures Oversee hiring and employee mafters with direction from the President Conduct operation and performance reviews for all employees. Address all customer service mmplaints in order to ensure full saiisfaction of services rendered Oversee vehicle auctions and all necessary reporls and accounting Ensure that President and Company objectives are met. Ensure complete standards of performance for employees and operation Conduct weekly employee meetings to address operations, safety and customer satisfaciion Conduct monthly meetings wiih Key Personnel in order to review objectives, deal with issues of concem and implement new objectives and/or procedures. Overlook employees training Yadwinder Sandhu lT Manager/Assistant Ma nager 10 years experience Graduated from University of Phoenix Aftended lT school in New Mexico Oversee information & technology matters, assist senior management, computer technician, server management, upgrade technologies, software specialties, CCTV specialist, Data base manager, Technology security specialist, general maintenance Benjamin Cruz Fleet Supervisor 17 years of experience Light and Medium Duty certified Oversee fleet, equipment, drivers, parts and maintenance, work with middle level management, work with dispatchers, work with yardman, work with other drivers, assist in coordinating special events, monitor and insure compliance with all regulatory requiremenh for the operation, train new employees Mark Mathew Lien Sales Supervisor 30 years of experience Liqht and Medium Duty certified Oversee lien sales, DMV documents, Assist junior drivers and dispatchers, work with upper management, monitor operation for lien sales auction, assist iunior drivers as needed, train new employees, report and work closely with upper management Judith Bernel Record Manager 9 years of experience in finance Bachelor in Acmunting Record supervising, banking, acmunting, account payable and receivable, book keeping, daily bank deposit and ledger, reconciliation, pay roll, assist with budgeting, work with upper managemeni, maintain HR files Josephine Guadalarjara Dispatch Superuisor 12 years of experience Graduate from Lynwood school Oversees the entire dispatch activities, maintain stationary, assist customers, work with upper managemeni, maintain and record all customer records, and receipts, communication with clients, monitor junior staff and their performances 79 of 20 TOWING SERVICES Z0 ol Z0 D-SY.itch Ys-l.hn ---r 5.t L.pira e v, [# AUTT{'NEER DOCI'ME{IAIPN SICURITY UEN SALES Thank you very rnuch for the opportunity. This concfudes our proposal' Attachments Exhibit A H.P. AUTOMOTIVE & TOW. INC. 7300 Roseberry Avenue Huntington Park, CA 90255 Tel: 323-583-1831 Fax: 323-583-3322 COMPANYOYERVIEW H.P. AUTOMOTI\IE & TO\\i INC. 7:-i,10 F,L,,sef,erli :\1re tiue Hi-r n r.ri-rSt L--'il Park, ,.]A uC25i-- Tei.323-r,83-i8lii Fax: i;31'581-3s22 Departuent of Homelard SecuritY Califomla llighwy Patrol Los Angeles Courty Shertfr DePt l East LA Sation 2. Ceutury Station 3. Compton Station 4. TSB (Transtt Servtce Bureau) 5. TSD (Traffic Services Detail) 6. TR{P ( Task Force Regioual Auto prerentioni ?. Major Crimes DMslon 8. Parks Bureau Huntington Park Police Dept Vernon Po[ce Dept Bell Gardens Police Dept BelI Police Dept South Gate Police Dept Los Angeles Schol Pollce Burlington Northern Sarta Fe Police Dept @NSF) L.ynvood Parkin g Edorcement C ommerce Parldng Edorcement Mauy otlrer Commercial ActouEts + a t t- f a i -]-.j,4_-__6E:Ehriif*=9'5t'^- H.P. AI AUTOMOTI\iE & TOW INC. ?iijC Fitseberr.l- Ai:en r,i+ i{it t L:rnPt.i, n Parir.'1,-''Ji2 I,--l' 'L "l; i:.:j-i8:i- 18j-i I Fa!:. :-l::;' i-r8li';-lli 2 3 -<L !F --}. O:r Headquarter ccntains the state cftre art dispatching center, secrued evidentiary facilities and a sepamte lobby for police ofrcers. Our faciliry is weil maintained with plenty of parking for cus- tomers. We have on-duty persorurel twmty-four hours a day with regr:lar patols rormd the clock- We also have modem suweillance systan in place which monitor frcility up to thirty'days. OFrICE '*G * * li- H.P. AUTOIVIOTNTE & TOw. INC. l:-i ;C F..,s-h=t',"r' -\'.'+ r. ,., + H',l1 it'.rrgt':i:r Fark. (lA :C2l'i' T'ei: 125'i,8.-,'i8ii Par :riri -581j-lrilj29 Incorporated 1966 {$ years of se rv-ice Our Satellites Yards He*?:"€C# We provtde comprehansive, professional and quaiiry service to various law enforcement agancies, colpolate customers and individuals. 11? are alurays open and fi:Iiy staffed with profes- sional, Ioyal and experienced team members. Because of the dedication of our team members= we have eamed a solid reputation ofexcellence in the towing and storage service indust-v. '- v --- --- {}URCOBFOL+TE OFFICE H.P.AUTOMOTI\'E & TOW, INC. ?300 F.'rsette':rv Ave t'ua Hunllnt-t.\rIr Fark' CA 'qiC2n'. f;ri iJ13-58t-iSi'jl l-a i- i;3i-:-r8;i-ib2l *._+ Ii_"._a L:.;l our fleet is modem and firlly equipped per califomia Highway Patrol guidelines. \\'e have ihe ability to tosr light, medium and heavy drly vehicles safely. a]l our arivers go t}rough vigorous t'aining to operate these type oftrucks professionally and safely. All our tucls and operators are f,rliy insured- All our tuck are well maintained. We conshnfly in'Jest in oru fleet to meet state afld federal requrernents' { : rl H.P.AUTONIOTIVE & TOW. INC ,I.-'1 ,5r,Srl.;rt j' -'\-. -i-'..: .i-i ,ntf i-1,'. ' P.rr ii. '-a l'il:l T+i. 323'r',91,-18i- ir ::: lr -; l-i'3;,-:i:j!: All our drivers are experienr:ed, courteous and proftssional at all tjmes- The success ofHP Tow is due to our 1oyal drivers who take great pride n1 what they do. we corstantly invest in our employees to make thern better and educated to perform their duties. H.P. AUTONIOTI\E & TOW., INC. Tl:';'. Fl'rs+'c'rp1 r.' -.t-r:: 1. r-,-. Hr-l:rit:iB-tti Pari':,'--A 9 12 i'i Tei ai:ll',i8;- 18.';i Fa :;: j;i;r -r8;j-i-,;,:! We provide extensive in-house periodic training for all employees to im- prove their work skills. S/e have specially $eated a Company Standard Operaing Procedure and Ernployee Manual to ersure we maintain high standards of safety and quality of services. t)^. ,r)6/) a&,. H.P. ls_i___t___,.r We have been seliing our vehicies exclusiveiy through public auctions Our auction team is firliy trained amd experts in the lien sale prccess. Al1 of our uiclaimed vehicles are sold at public auctlons and -re har,'e never dcceptedsealed or secret brds. 1&'e hold our weekly public auctisrs cn every Friday at i 8-31 East 65th Stre€t I-os Angeles, CA . These auctiors are held in accordance with the provisiorx of sec- rion 30i u'td 3Oi 2 of the Civil Code. Every person wdl get a chance to inspect the vehicie before they can bid. These auctions are free entry and open to general public. AUTOMOTI\G & TOW INC. 7:JCC E'rseberrv i\r+IlLli H ui rtiii 41c :i Parl":. CA 9 C2i---,= T e : :t2'j -i8:i- i8.::,'t Fax: ;?l-Ii8i':.;22 PUBIJC AUTOAUCTION I .ir,Ti |M1OUND & SIORAGE *,,*__Tu i . s z g. s I A. 1e-g7' .^- - Our Secondary facility in South Gate AUTOMOTIIE & ToW INC. 7500 R,:sebet ll,"' A'ist;ir+ Huntri-,$on Pari:. iA ir025'l [+i :i3-a,8:i- ,*::': ? ar: :i2il' 1 8i;'.t.322 H.P. H.P. Tow's mission is clear and simple. We are committed to provide the most professionai and reliable senrices to our clients and maintain the highest stan- dard in the industry We will perform our services with the greatest degree of in- tegrity and honesry We will always reme.mber to contribute back to the commu- nities for which rve provide services to and strive to make those commumties a befier place to live rn. We nill invest in our operations and in our employees; always maintarning hrghest level of safelv and taining. Eie shall be the roie modii t-or orir industry and shall always stri-r,,e to be a conscious operation as it may pertain to our environment, our clients, our employees and the communities we work in. MISSION SIATEMENT Aftachments Exhibit B REFERENCE: Hon. Jorge Cisneros President of Los Angeles County Police Chief Association Tel: 323'346'7191 REFERENCES: Huntington Park Police Department: Contact information: Chief Jorge Cisneros 5542 Miles Avenue Huntington Park, CA 90255 PH:323-826-6629 Vernon police Department: Contact information: Chief Daniel Calleros 4305 South Santa Fe Avenue Vemon, CA 90058 PH:323-587-5171 Bell Police Department: Contact information: Captain Ty Henshaw 6326 Pine Avenue Bell, CA 90201 PH : 323- 685-1245 South Gate Police DePartment Contact information: Captain Darren Arakawa 8620 California Ave, South Gate, CA 90280 PH: (323) 563-5400 REFERENCES: Galifornia Highway Patrol (C.H.P ) SOUTH L.A AREA 530 Contact information: fficer Joseph Pace & Robert Bell (Towing coordinator) 19700 Hamilton Avenue Tonance, CA 90502 PH:310-516-3355 Los Angeles County Sheriff Department: Contact information: Chief James LoPez Chief Bobby Denham Bash Bakharian (Major Grimes Bureau) (Towing Coordinator Manager) Sheriff Head Quarter 4700 Ramona Blvd. Monterey Park, CA 90754 PH: 323-526-5000/ 323-526-5582 Burlington Northern Santa Fe (BNSF) Contact information: Shift Supervisor 1302E Lomita Blvd, Wilmington, CA 90744 (310) 549-7440 Bell Gardens Police DePartment Contact information: Chief: Robert Barnes 7100 Gadield Ave BellGardens (562) 806-7615 REFERENCES: Major Crimes Division (L.A.S.D ) Contact information: Captain James L. Ritenour/ Menill Ladenheim 11515 Colima Rd. Building C-111 Whittier, CA 90604 PH:562-946-7846 Lynwood Parking Enforcement Division: Contact information: Director J.D.Whitaker 11330 Bullis Road Lynwood, CA 90262 PH :310- 603-0220 Ext-271 Gommerce Parking Enforcement: Contact information: 2535 Commerce WaY Commerce, CA 90040 PH"323-7224805 Los Angeles School Police Department: Contact information: Sergeant Jose LoPez 1330 W. Pico Blvd Los Angeles, CA 90015 PH:213-285-8103 Red Stars indicate our facilities ,:.;..3.7 Yr jelimf Brvo F *-n l"t " 4 llitn Sr STAPLES Willowbrook ^t' i 4Ba Montebello 1 tnotewoodl- t Park-Windsor .{ilts Science Cenrer 1 - -.\_- '"u"'9*',,o -f,r\ ic.c6,/. , *r1?,Ifl"" 3e,* Fiorence-G16ham Pico Frve South Gate - lDe3.rao :b .; a: <: NISS AITIMA Color: GRAY upon request, you are entiLled Eo receive a copy of the Towing Fees and Access NoEice. LoC: I AUC-n: RELEASE Receiot Receipt # /A802' Log # Hl:.A229 Cail # li'75288 HPPD HUNTTNGTON PARK LrGHT Tow 01:00 @ 151 .2A 151.20 oucside scorage 1 @ 55.44 55.44 ToEal Charges Payment Received Cash Remaining Balance 246 .64 I 2A6 .64) 206.64 0. c0 N3421314 CA (323]-542-'747L Citylstate: SOun{ GATE, CA 90280- Emp: \rL I, the underslgned., d.o hereby certify Lhat f am 1ega11y authorized to t.ake cossession of Itre Vehicle delcrj.bed ibove, and it is in satisfactory condiEion. I,/we further agree to indemni.fy add hold harmless H-P- Auto & To!, Service, fnc., lEs succeEscrs tssigns, or agents from any and all claims, actions, suiEs, agreements, or liat,iliEies arising Erom its possessioa of the vehj,cle. Any inopera]rle vehicle MUST be EoHed from the siEe. J) I\ IRUCI( '(l Our computer receipt H.P. Automotive & Tow, Inc.carrier ID# CA162918 7300 Roseberry Ave. HuntingEon Park, CA 90255 (323)s83-1831 Released: 04/12/15 09t42too Veh: f999 Bod|: 4D License : 4UEZ208 CA Odom: Veh ID #: 1N4DL01D5 XCr02323 l/eh code: 22651-P Hold: NO CAl, DL Dispatch: 21:45 Arri\ret 2Lt52 Iow DaEe: 04/L7/r5 Tj-met 22.L2 rOW FrOM: RANDOLPH/MILES Released By: Released To: Removed By: .TENNfE RAMIREZ TEF.RIOUEZ AddfESS: 8139 EVER GREEN A\rE Our time cards for drivers call CAll RECEIVEO *i-R 1t '3.5 Ei:45 OISPATCHED ftPR :tt 'i5 2i:45 ON SCENE *PR11 '15 2t:52 '* * ,,** 1!- 'i 5 ?1:59 AGENCY L@ATION USPATC'IER cLEAR frPH ii :i5 ??:i? Licenses & Permits posted * l I C.I1'tr.ite cf Occ'rn,rn.y - !3-?a75 11: 1a FRom: AGOItD. .Ilen Insurance 231 Mulholland 1a-basas a8) 222 - 9080 TE:1343s333ee Services, Inc. Hwy. #209-A cA 91302 P , Automotive & To!r, Inc . 00 Roseberry Ave . THE IS TO CEFNFY THAT THE POUCIES OF INSURANCE USTEO BELOW HAVE EEEN ISSUED TO THE INSUFEO MMEDABOVE FONTHE POLICY PEBIOD INDICATED, NOTWTiTSTANDING A}.IY BEAUIFEMENT, TEHM OR CONDMON OF At''Y CONTBACT OR OTIIER DOCUMENT I'{ITH BESPECT TO WHICH TTIIS cerrinCeit t,,ley BE tssuED oB itAy pEBTAtt{, rHE tNs[rnANcE AFFoRDED By rHE poLtcrEs DEScRIBED HEREIN ls st BJEcr ro ALL THE TERMS, D(CLUSIONS ANO CONOINONS OF SUCH POLICIES.SHOW}i MAY HAVE EEEN 8Y PAID CIAIMS. TYPE OF IN6UR^IiICE qENERAI UAEILITY ntington Park23) s83-1831 cA 90255 x x CONFEFS NO RIG}ITS UPONTHE CEETIFICATE HOLDER. THIS CEfrIIFICATE OOES NOTAMEND, EXTEND OH ALTER THE COVENAGE AFFOHDED BY THE POLICIES SELOW. COMPANIES AFFOEDING COVERAGE 9aglM a mMPAliY a LETTEF TETIER w TETIEF u @AIPANY g LEITEF s5. 000. 000 5/2a/155/20/1-4cMc- 91265 0 s5,000,000 000, 000 rl-,00C,000s 100,000 tl,ooo,ooo 5/20/L55/20/L4cMc-912650 sI,000,000 5/20/ts5i20/14cMC-912550 60c,000 500,0005/20/L5s/2a/t4cuc- 9:-2660 on-Hook Garage KeePers oescsrsr#5|-rClis eE cANcELLED BEFoFE rHE ?!E IE<IIING CO!,PANY WILL ENDEAVOB TO SPIRATION DATE THEREOF. THE ISSUING t,rAl L -39 oAYs WRITTEN NorlcE To rHE LEFT, BIII FAILURE TO MAIL SUCH k-l .arue"r* oerg* ua,l--lT_l or,*r r"lxl *r* l *=."-rr*f ..*t.r_ LIABIUrY aJ- @l/t{Eo AuTos SCTED{JLED AUTG HHED ruIG I.IONOINED AUTS GAAAGE UAAI.]TY UABIUTY UMBRELIA FOFM OTHER THAN woaxERS cgilPErl6atlox AIID EIPLOYEFS' UAEIuTY .Ey of Vernon io5 santa Fe Ave . :rnon CA 90058 icBl?ttoN or w truck operation der FED). Automotive & Tow. Inc l0 Roseberry Ave - -13-e415 11: 13 FREI4 | \GOI?D. tucEa len Insurance )31 Mulholland -abaEas -8) 222-9080 rtington Park t3) 583-1831 fYPE Of ttl9uRAalcE AUTOIIOEIL€ UAgIUTY Services, Inc Hwy. #2C9-A cA 97302 cA 90255 ilii5E'6;ffifiHfiiiEi5iiiifiolnrsumHcE LrsrED BELow HAVE BEEN rssuED ro rHE rNsuREo MMEotBovE FoB THE PoucY PERro0 INDICATEO, NOT!{ITHSTANDIHG AI,IY BEOUIREMEMT. TEFM OB CONDMON OF ANY CONTFACT OF OTHEB DOCUMENT WTTH NESPECT TO WHICH TH1S 3';ri#i";+'"ili Ui-'SiEii-of iiriltnrmu, rHE TNSUBANcE aFFoaDEo By rHE poucrEs DEscRtBEo HEREIN ls susJEcr ro ALL THE rEHMs, E(cLUsroNs ANo coNomoNs oF sucH Pouclis. LlMlre sHryN AlL ON'IEO AT,IIG SCH@JLED Al.iros IIIFED AIJI6 NON€WNED ALIG GAEAGE LAEUTY E[CE95 UAgILTY UMBFE.I-A FOFM OTHEF THAN IYOFKEBS COI'PEI'SATION CMPLOYEFS' UABII.ITY liiEi6iEr orrmnorcrrccanqxs/vEl.lcLEslsrEclal llEul v Truck operaEion :y Of Vernon l5 Santa Fe Ave . rnon cA 90058 :RS NO RIGHTS UPON THE CEFTIFICATE HOLDEF. THIS CERTIFICATE NOTAMEND, UTEND OH ALTER THE COVEEAGE AFFOHOED BY THE COMPANIES AFFORDING COVEBAGE t'enEn ^ State @MPANY p LETIEN LETTEB W @MPIO{Y ^ETIEF U @MPANY c IETIEF 6/ot/155/ot/149r-01135-14 sI .000,000 11 , 000, 000 1.000,000 ii5ur6'^uv oi nre ABovE DEscHlsEo PoLlclEs BE caNcELLEo BEFoFE rHE EXPIFATION OATE THEREOF. THE IS'SUING MArL-3..1q DAYS wRIfiEN NorlcE lo rHC LEFT. BUT FAILURE TO MAIL SUCI'I NOTICE OF ANY ICNO UPON THE {(., oo dtHIEl .EDfrc<{ DOf3:o ={=ri<2i9Fo =ciPT =r$-aZD6 €'ot, tn ln .t -,8 DRIVERS & STAFF PICTURES Our weekly auction team I t t I t I Corporate Office Our Satellites Yards -r) Bi"7t il- t3r. aE6.JA3.7g37 Our Secondary facility in South Gate =ta,: 3t -=--{!4, _ -il I I T !, ,1,._ I 'Pt ftr E Attachments Exhibit D SAMPLE OF OTHER MUNCIPALITIES AND GOVERNMENT AGENCIES MTES: 9000-10,000 Califomia HighwaY Patrol (State wide average Los Angeles CountY Sheriff (County wide average Los Angeles Police DePt. wide averaqe rate Huntington Park (City wide average rate) Vemon (City wide average rate) South Gate (City wide average rate) Bell (City wide average rate) Downey (City wide average rate) Liqht Duty I tz0.ol 45,00 175-250 1SYoMedium Duty 185 00 55.00 Heavy Dutv 250.00 65.00 Depaffnenr Typeof row perrour mT totrllrlvTows tH:* Lioht Duty I 150.00 55.00 75-100 25K AnnuaMedium Duty I 181 Heaw DutY I 271 60.00 70.00 170 00 45.00 150-225 nla200.00 55.00 325.00 I 60.00 Our 24 hour customer window Rate chart in customer lobbY 'I()\lrt\G rEtrSit ICC};SS NO'IICEr:i.rr.! r r lrrl H Z \( IOrr,lOTtVE & TOIY INC ',!}1.{&|.'k,'r PLALIC AL:TO AUCTIO\ &--.;';n:l i:xPlxuu:-cF, on,1 F-85 ;:'--j - ..:- -+-: - 't' Attachments Exhibit E \f N:1i{!ti li[:VIt'i l]tr tl{}n* llF r il l-rI t.'! l!1-ti r[ 1!l1r.1Rt Iantary 7 ,2015 Mr. Jimmy Sandhu President H.P Automotive and Tow 7300 Roseberry Ave Huntington Park, C A 9025 5 RE: General Reference Dear Mr Sandhu: I am writing to provide this letter of recommendation for your records. I have known the work of HP Automotive and Tow for nearly ten years. I rmderstand that the company has been serving the Los Angeles county area since 1966. Beginning small and modest, the company's hard work, solid and consistent efforts allowed it to grow to service multrple public and private sector clients. My office and I have always appreciated the professional and thoughtful dealings we have had with you anc ycur ccmpany. The quality of your service to various law enforcement agoncies, corporate customers and individuals contributed to your solid reputation ofexcellence in the towng industry. It is my position that your interpersonal and business proficiencies will be a valuable asset to any orgaruzation that acquires your services. Ifyou have any questions, or would like more background information about this individual, please do not hesitate to contact me directly at (213) 483-9300. KEVIN DE LEON SENATOR 24th Senate District LA: SV POLICE DEPARTMENT Daniel Calleros, Interim Chief oI Police 4305 Santa Ie Avenue, Vernon, Califomia 90058 Telephone (323) 587-5171 Fax (323) 82G1481 November 9, 2011 To Whom It May Concem: Over ttre past 25 years, the Vernon Police D€partment has utilized the services from Huntington Park Tow on a regular basis- Huntinglon Park Tow has been very responsive in ploviditrg necessary-_tow service for our Patrol Division, including two services needed for DUI Checkpoints. Their staff is attentive and is quick to address any issues that may arise. If you have any questions regardilg the services provided, please feel aee to cau me at 323 -58'.7 -51'77, ext. 1 14. Sincerely, VERNON POLICE DEPARTMENT /) . /t ,.1 ,.L'1,.lPMr-( L4u2,4--' DANIEL CALLEROS INTERIM CHTEF OF POLICE POLICE DEPARTMENT BOAFD OF POLICE COMMISSIONERS LEONIS C. MALBUFIG, CHAIRMAN THOMAS A. YBAFIHA WILLIAM M. MCCOFIMICK STEVE TOV\,LES CHIEF OF POLICE PHONE (323) 587-517 FA)( (323) 426-144] 4305 SANTA FE AVE., VERNON. CA 9OO58 0ctober B, 2008 To Whom It MaY Concern: over the past 20 years the vernon Potice Department has utitized the services from H.P. Tow. H.P. Tow has been responsive in providing the necessary tow services for our Patrot Djvjsion, inctuding tow services needed for DUI checkpoints. Their staff is attentive and is quick to address any issues that may arise. lf you have any questions regarding the services provided, please fee[ to caLl me at 323-587'5111 , ext. 116. 5incerety, VERNON POLICE DEPARTMENT STEVE TOWLES CHIEF OF POLICE ,9 ""J' d"LL-*-- DANIEL CALLEROS CAPTAIN City of HUNTXI.IGTON PAR.K carirornia POLICE DEPARTMENT 6542 MILES AVENUE, HUNTINGTON PARK, CALIFORNIA S0255-4386 Teu. (323) a26-6629 'Fex (323) 826-6680 JORGE CISNEROS CHIEF OF POLICE November 10,201I To Whom it fraY conern: gton Park Tow Company. The Huntington Park towing services and othcr related services to the 25 years. Tbroughout that time period, the and has met the needs of the Eluntioglon Park Police DeparMent have been courteous and proftssioual over towing services to both the general public week- I would recommend considering adding the l{untingtojr Park Tow Company to provide t}.ose ""tri"o to any corrmrmity or law enforcernent conlracl' Very trulY Yor-irs, Chief of Police City of October 2. 2008 EiiUNTINGTON PAfi,K cariro.,,ia POLICE DEPART1VIENT 6542 MILES AVENUE' HUNTINGTON PARK' CALIFORNIA 9O255-4386 Ter-. (323) 826-6600 ' Fex (323) 826-6680 PAULWADLEY CHIEF OF POLICE lo Whom lt MaY Concern: I am writing this letter on behalf of the Huntington Park Tow Company l'he l-{untington park.low 6o-pu.,y has been contracted to provide towing services and other related ,"rri"", to rhe iluniington park police Department fbr more than 2-5 years. I'hroughor-rt ii", ii." period, the service provided has been more than adequate and has met the needs ,ri tl-," Hrntirrgron Park Pol.ice Department' The members ol the Huntington Park Tow Company ha.ri been courteous and prot'essional over the years With any business ,,..o"io,"a with the local police departments, providing prompt prol'essional towing services to both the general publiC and law enfbrcement' adequate personnel and specialized vehicles are needed )4 houtt per day seven days per week ['he Huntingtor.l Iiark lbw Company has been providing those services to our comnruniry' Iwor.rldrecommenclconsideringaddingtheHuntingtonPar.kTowCompanytoplovitle thosc services to any community or law entbrcement contract- Sincerely, BELL POLICE DEPARTMENT 6326 PINEAVENUE BELL, CAIIFORNIA 90201 323-585-1245 )une 12,20L2 To whom it may concern: I am pleased to inform you regarding the performance of the Huntington Park Towing Service. The CiW of Bell Poiice Department has been ccniracting wiih H'P Tow for abcui a year and a half. During his period of time their service and performance has been exceptional. Their response times have been very good and their drivers provide good customer service. Their driver's uniforms are always clean and well kept as are the tow trucks which in turn reflect very favorably upon the company. They have worked closely with the department in handling the custody of our stored vehicles and those stored as evidence. To date these vehicles have been stored properly and safely As a manager, I can appreciate working with a professional organization like the Huntington Park Towing Service. They have provided high levels of customer service for the City of Bell. Ster.e Belcher :sim ChiefofPolice 123-923-2669 'Ichcr@<iryolbdl.ore {athony Miranda Crprain 'one: 323-923-262:7 randa@cityofbeI.o rq >-twen Finlelstein Captain one:323-921-2666 relstei"@cit',of betl.ors Ty Hoshaw nae:121-923-2670 nshau@cityofbcl. ors nomar Rodri6r€" Sergeart :rl.e:323-585-t245 c:t.333 lrisuer@ciryo{b€ll.ors Albst Rusas Sergeant one:323-5a5-1245 en. 366 u!as@cityo6€.t1. ors Sergearr ore:323-5A5-1245 at. 250 noez@ciwo$ell.org lcse limen€" Sergeant nne:323-585-1245 gt.362 oeaez@cityofbell.org Srev€ Carr.ra Sergcant oae:123-5a5-1245 eat 322 car€ra@cityo6el.ors crcg Clark Segrot ane;323-585-1245 aa. 306 :lad<@cityolbe!. ors Esbeyda P;mentel Reor& Maager rcne: 323-923-2658 aentetPciryofbell-org SIJ,s,< \5cu-!k,'- Sleve Belcher Interim chief of Police BELL GARDENS POLICE DEPARTMENT 7100 So- Cadield Avenue Bell Cardens, California 90201 -3293 Telephone (562) 806-7600 August l, 2012 To Whom It May Concem: I am writing this letter on the behalf of Huntington Park Tow (HP Tow) Company' The HP Tow Company has been contracted to provide towing and other related services to the Bell Gardens Police Department since the beginning of this year. HP Tow has been more than adequate and has met the needs ofthe Bell Gardens Police Departrnent' The members of HP Tow have been courteous and professional in their service. They have provided prompt, professional towing services to both the general public and law enforcement- I feel very comfortable recommending HP Tow for any towing needs. Ifyou have any further questions regarding this matter, please contacl me at (562) 806- '7615. lntegrity 0 Accountability e Professionalism City of Sor. th Gate 8620 calFoRNra avENUE . sourH GArE cauFoRN' go2Scao?3 ' 3t31;8ffi RANDALL DAVIS CHTEF oF PoLIcE April 14,2015 Jimmy Sandhu, President H.P Automotive & Tow Inc' 7300 Roseben-v Ave. Fluntington Park, CA 90255 Subject: Tow Sen'ice Dear Mr. Sandhu, Per your request, members ofthe South Gate Police Department Patrol Division were asked to comment on their individuat experience with H.P Automotive & Torv Inc' Officers on dayshifl reported that the majority of the time it takes drivers too long to arrive on scene- An officer on the graveyard shift stated that due to sending a flatbed truck the majority of the time, it takes tlrivers tu'ice as long to take a vehicle when it is parked on a narow streel' Our dispatchers reported that when they call to request a tow. the person taliing the call has them repeat tlte location several times or they call back to ask for the Iocation again. The dispatchers added that it can be inconvenient, especially if they are working a critical incident. Since H.P. Automotive & Tow. Inc. has been serviug the Ciqv of South Gate, \l|'e have uot obser.ved any unsafe driving practices by your drivers. In addition, the drivers maintain a professional appearance and the tow trucks ale kept cleall and in good working order. I have not ieceirecl any complaints from the public regarding the level of customer sen'ice from your ernployees- 'l-hank you lor your dedication iu improving service to dre City of South Gate aod taking the time to share this inftrmration with youl employees. S iucelelv. 'r*j\---[ i_)-].- Edraard Perez p Patrol Lieutenant 6.rarrlg fifux AngaIw $h entt' z P,xyarlmern Heal.rytatlcr z 47flflMalrwrra Brubtari .ffisrbnu ffiarh, fi.dltrrrnx sLZ 54 - ZLfrs LEROY O- EACA. 5HEFJFF November 14,2011 Mr. Jimmy Sandhu Vice PresidenVGeneral Manager H.P. Automotive & Tow Service lnc. 7300 Roseberry Avenue Huntington Park, California 90255 Dear Mr. Sandhu: H.P. TOW SERVICE PERFORMANCE It was a pleasure to speak to you a few days ago, and hear of your continued success in providing tow services to our department. As you recall, I had the pleasure of initially meeting you in 2002, when I was the capiain oiientury Sheriffs Statlon in Lynwood. Dr ring that time, I had an opportunity to personaltv visit your office and yard, meet your staff, and inspect your facility. l was impressed with the security, cleanliness you have imPlemented at H-P. Tow. I h three Sheriffls Stations that you provide and East Los Angeles Station. I have bee professional service you have continued to each station captain has with your company's performance' I wish to congratulate you on your commitment to maintainlng an excellent partnership wiih the Los Angeles County Sheriffs Depadment, not only in providing excellent tow services, but es-pecially in community partnerships and leadership roles you have taken in assisting us in pursuing the Sheriff's vision of community service' It is my understanding that you are submitting H.P. Tow for consideration of other tow service contracts. lf those igencies require additional information regarding your tow i";y;"" performance, please-feel free to advise them to contact me personally. lwish you the best of luck in your future business endeavors' 9 Jralilion orf Seruicn Mr. Jimmy Sandhu Sincerely, LEROY D. BACA, SHERIFF REGION II 2 November 14,2011 County of Los Angeles Sheriff's Depoytment ltetldquorters 4700 Ramona Boulzuard Monerey Parh, Califontia 9 1 754-2 I 69 June 12,2012 To Whom lt May Concem: This letter is to provide information regarding H. P. Automotive & Tow service. H. P. Automotive & Tow is currently contracted with the Los Angeles County Sheriff s Department for Vehicle Towing and Storage Services. As the manager of over 58 separate tow contract services, H.P. Tow stands out as a highly professional and well managed organization. They have been in good standing without complaints, since they contracted with our Depa(ment in 2009. They serve multiple Sheriff Stations along with many different municipalities- H. P. Tow has continuously received high marks on their inspections by our lnvesiigator. H. P. Automotive & Tow Company have conducted themselves in a courteous and professional manner over the years and continue to do so. I would recommend H.p. Automotive & Tow as the contract service provider for any community or law enforcement organization- lf you have any further questions, please contact me at (562) 946-7010. Sincerely, LEROY D. BACA, SHERIFF James L. Ritenour, Captain Major Crimes B ureau /...v|-J -./1 . -/radt/ton Dl ,)erut|:e r)ince 1"9.5O 6.sartg stTLs* Angebx $hxnt|' * Bxyuirlmerd Hxatgu,artcrr 4TfrflMamnnatrBrru]u.uarb .ffirrrvlcr eg ffiwh, 6.thinr::id lLZ 54 - 2Lfr9 LEROY O BACA SHER . September 28,2011 Y D. BACA, SHERIFF Anthony Ward, \ 7300 Roseberry Avenue Huntington Park, California 90255 To Whom lt MaY Concern: The Taskforce for Regional Autotheft Prevention (TRAP) is a multi-agency, multi- irii"oi"tionur auto thefr task force responsible forihe investigation, prosecution' and beterrence of vehicle theft related crimes in Los Angeles County' we have recently selected a number of tow companies to assist TRAP when the situation arises. Each tow company has been assigned a designated area and your to* "orprny has been selected foi one of those areas. Your area is within the iof f o*ng' boundaries. your north boundary is the 't 0 Freeway, south boundary is Artesia -Boulevard, west boundary is the Pacific ocean, and the east boundary is the 110 Freeway. we look fonrvard to working together in our efforts to combat auto theft throughout the Loi Rngetes County. lf yo-u n6ed anything, please don't hesitate to call myself or a member of my staff at (626) 572-5610. Sincerely, PreventionTaskforce for Reg 9 JroJi/*n o/ Seruice Century SherifPs Station Booster Club 11703 South Alameda Street Lynwood, CA 90262 info@centuryBoosters.com www.centuryBoosters.org July 20, 2009 To Whom lt May Concern: As.a local businessman, community activist, and reserved sheriff officer within the department, I have had the privilege to work with the management and staff of H.P. Automotive & Tow, lnc. Their dedication and commitment towards providing professional tow services to the general community and police agencies is phenomenal. Any individual or municipality which seeks to find efficient quality towing services within the Los Angeles County Area must consider them. Having served the area for over 40 years, they have a proven hack-record of customer satisfaction. Their comprehensive towing resources, staff experience and constant firm advancement are just some ofthe many positive qualities of this firm, Beyond the firm, the management has demonsbated community development to be a vital component of their mission to give. They are very supportive to our initiatives by providing voluntary and monetary support as needed. I have had a positive, purposeful experience working with them to befter provide a better working environment to our sherffis. Should you need any further information regarding the firm, feei free to call me at (310)528-1600- Sincerely, Century Sheriff's Station Booster Club city of I3:NWOOD .,4 Cttg ,.,,tteetag Clo0{el'ges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 l31o) 603-0220 x27-l November 14,2011 To Whom lt May Concern: I am submitting this letter on behalf of H.P. Automotive and Tow Service lncorporated. The City of Lynwood has contracted their professional services as the City's exclusive towing provider. As of this date, the representatives of H.P. Tow have provided an extraordinary level of service in complimenting the City's parking enforcement efiorts. Their professionalism is beyond reproach. They have exhibited a sense of cooperation and customer service that is conducive with municipal enforcement. From their dispatch personnel to their tow truck drivers, each employee exemplifies the company's motto of imparting the best service possible. They are highly proficient and competent of all aspects of vehicle towing. Their tow yards are meticulously maintained and their fleet can accommodate all types of vehicles from passenger to commercial. lv.rould strongly recommended H.P. Autcmotive and ]-ow Service as a wodhy cornpany to provide towing and related services to any municipality or law enforcement agency. Control Manager \Je-.iJ' c) 'ts'. +rEEasE h c?(Ei!El;.i5dE! F L: Y* H .E r'B'E E 3,i F"rEE&!.qe" EdBE3 f,;u E.E r >..8 5 E'FE.E EE .g Er E;*. lo* E S8 IEEEE E EflE:; EH E$fr{Ef E€ EEEEE *la lEze .IEd EH.! :') ^ 6lFr vXv *=-s €Hd strr.Y EE< 8Q6 &atu -, lrl > oOr- YE. oJE5 E;.E 6'==C)EtsrO4 PE€ €H'4 A6'4 o,ii< E ii 3..U.HE ar*ro trOiEP c) (n p G l/) o) .9 olr(ug F" Uz F"q f Fr d trl}\.fF+ E* Hz Fqp e.4#Fq +JsgJ d -6.1 EJ idt 'tct eli+.{ ES Fq t{-F F trJ 1*' Jo F Cr 5o ;- 6 H6 ).9<\ q, o) O lJ-{ ,J U THE FREEMAN INVESTIGATIVE GROU P INC. THREAT A55E55MENT ANO SOLUTION5 CoNFTDENTIAL INVESTIGATIONS . EXECUTIVE BACXGROUND INVESTIGATIONS June 24, 2009 SUBJECT: LETTER OF RECOMMENDATION( HP TOW tNC. To Whom lt May Concern: I have had the pleasure of working with HP Tow, lnc. for the last three years, as a consultant and subject matter expert, in the area of California tow company compliance in working with police and governmental agencies. ln addition, I have been working with HP Towing in conducting detailed background investigations of current and prospective employees, which is a marked difference and cutting edge management philosophy in the industry. Having served as a South East Los Angeles County Chief of Police, and as an elected official in Orange County, I have found HP Tow to be operating at the highest level, With my current firm, I have conducted numerous inspections of various towing firms throughout Southern California on behalf of my governmental clients. HP Tow consistently exceeds state mandates and laws governing the industry, and at the same time providing exceptional service to their clients, in a cost effective and professional nianner. Without further qualification, I highly recommend HP Tow lnc, and it's management team lead by Jimmy Sandhu. lf I can answer any questions about this fine crganizaticn, please don't hesitate to call upon nne. Sincerely, THE FREEMAN INVESTIGATIVE GROUP, INC. Fred Freeman FMF/dm 3O2O OLD RANCH paRKwAy, SurTE 3OO . SEAL BEACH, CALTFoRN,a 9O7AO-2751 . WWW.FGI-INC.COL{ . F. FR EEMAN@MAC.COI,I TELEPHONE 562.799.5583 . CELLULAR 562.A24.3772. FACSIMILE 562 799 5501 Pt 22 a5A EV-NEI,L COR.FGRATION 21520 Yorba Linda Boulevard Suite G, #476 Yorba Linda, CA 92887 -37 62 (714) 692-8619 FAX (909) 42s-9028 Fed. I.D. # 33-0896297 June 9,2009 To Whom It May Concern: I would like to take this opportunity to introduce Mr. Suidibil Singh and his brother Mr. Jimmy Sandhu, owners of H.P. Automotive & Tora Service, Inc. located at 7300 Roseberry Avenue, Walnut Park, CA 90255. Misters Singh and Sandhu have been in the tolving and storage service business as drivers and/or owners since 199'7 . The company was purchased in February 2003, after the sale of their previous company A&A Towing and Storage, in Long Beach, Califomia. H.P. Automotive & Tow Service, Inc., co tracts exclusively with Police, Sheriff and the Califomia Highway Patrol (CHP) for towing services and storage. As a Retired CHP Sergeant, with a Commercial Enforcement background, I have known the Singh,/Sandhu btothers since 2001, and believe them to be professionals at ali times. They have been local leaders in the towing business setting positive examples with their facilities, equipment and employees. Their rales are competitive aad they do not attempt to take advanlage oftheir customers. They continue to receive satisfactory ratings on their State of Califomia Bierurial Inspection of Terminals (BIT) Program conducted by the CIIP. All Tow Drivers have completed their Califonria Tow Truck Association (CTTA) Training and have received their Ceflificates. The company tow trucks continue to pass the CHP's Arrnual Inspection. Both brothers are involved with local Governments, business and community organizations. I believe that any person or organization contemplating the services of H.P Automotive & Tow Service, Inc. would not be disappointed with the professionalism, honesty and service(s) received. Sincerely, LDJL.,,.^_ ar_. s^-Bp__ WILLIAM F. SNELL, CHP Set) #6162 Motor Carrier Safety Consultant EV-NELL Corporation Februaq23,2009 To Whom It May Concem: Clear Choice Lien Service, Inc. is a fully licensed and bonded lien sale processing company in the State of California. We have been in existence since 1989. We process lien sale paper work for some of the largest towing companies in the state. Mary of our customers tow for law enforcement agencies, Police Departrnents, Sheriff Departments, The Califomia Highway Patrol, School Police, and commercial accounts. We also process lien sales for the City of Claremont and have just recently been awarded the Lien Sale processing contract for the City ofPlacentia in Orange County. Clear Choice has been processing all the lien sale paperwork on behalfofHP Tow, lnc. for over 20 years. All of our dealings with HP Tow including the ownership, management and staff have been on the higbest professional level. ln our experience HP Tow conducts a1l areas of their business on par with the best towing companies in the state. We feel we are uniquely qualified to make this statement because we have 100's of towing companies throughout the state. I feel that HP Towing should receive the highest consideration for whatever service you may be looking for. In my experience you will not be disappointed. Please do not hesitate to cali me if you would like any additional information regarding HP Tow, Inc. Sincerely, t/ tt /'J/ /V ",L L We*-f Val L'Heureux President Clear Choice Lien Service, Inc. ?O. Box 159009 San Diego, CA 92175 1-800423-2123 . Vwwv.ClearchoiceLiens.com 90280 t323)37 4--997 6 April I .i. 20I 5 To Whom It May Concern CreetingslMynarneisBishol-.','IuanCari.)SMcrrdcz,Ilcat.lacoalitionoi3.000clrLtrclrcs in the greater l.os Angeles arca. ln atlclitiorr. I ctl-, thc pilstor {)l'(lentro Cristiano llcLhcl church. i am also one of the leading pastols in [.os Angcles. I work Vet-y closely u'ith tl.re communiry and with all the elected officials at the municipal. state and federal levels As a community leader I have the oppofiunity to work with many people' Jimmy Sandhu is a business matr in our communitY. Jimmy clcarly stands out ti'onr Lhc rest of thc $g-siness leaclc[s in Los Angelcs lle doesn't .iustdobttsinessintl-reareahcisavita]panot'lhCcommrtnity.tthasbeenmyprivilegeto have worked with hirr ovel' the past two yeam- .iimmy has consistenrly proven himself to be an excellent community member' contlibutes iinancially and with his attendance at many of our community events ln addition fo his conttibutions. he is alwal s asiting Ittr areas r,-here he can partrler with the community. Verv f'ew business like to give back to tl-rc comnrunit-v. Mr' Sandhtr is thc exception. I am inrpressed with the wal he does bttsiness I am enthusiastic about the possibility oi w.orking rvith him in the futurc. I hope that he is peif'ect metch. fcr the skills and er.perience that you are lccrkit]g for. Plea'se contact rne at if you hale any questions- I look fbrwald io hearing {ionl i'ou soon' CENTRO CRISTIANO BET-ryL 9641 \/IRGINIA AVE. SOUTH GATE, Affi davit of Non-Collusion AFFIDAWT OF NON.COLLUSION BY CONTRACTOR STATEOFCALIFORNIA ) )ss COIjNTY OF LOS ANGELES ) |irnmy Sandhu being first duly swom deposes Presidentand says that heAle is (lnj+n'Sok Oum/. 'hnrca, 'Prcsi&it- -S..d:ry', or olhs PfF.r xrl.) H.P. Automotive & Tow (lns.nn m€ ofbdd.r) u.ho submils htrswith to the Ciry of Vemon a bid/propovl; That all statcments offact in such bid/proposal arc tn:e; I certify penalty ofperjury tlgt the above informarion is correct By: Tllal such bid/pruposal was not madc in the interesl ol or on behalf of any undisclosuJ pcrson, partnership, company, association, organiTalion or corPoration: That such bid/proposal is gcnuinc and not collusivc or sham; That said bidder has not, direcrly or Lrdirecrly by agreernent, cormrunication or conference rvith anyone altemptd to induce action prcjudicial to the intcrest ol thc Crt-v of Vemon, or of any other bidder or an)onc clsc intcrcsted in thc proposcd conl-ract; aod funher That prior ro the public opening and reading of bids,proprxals, said bidder: a. Did not directly or indirectly, induce or solicit anlone elsc to submit a false or sham bid/proposa I: b. Did not dircctiy or inciircttiy, coilucic, conspirc, comiye or agrcc with anyone else that said bidder or anyone else would submit a false or sham bid,'proposal, or that anyone should refrair from bidding or withdnw his/her bidrpropovl; c- Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or tix the bid,/proposal price of said bidder or of anyone else, or to raise or tix any overhead, profir or cost element ofhis/trer bid./proposal price, orofthat ofanyone else; d- Did not, dircctly or indircctly, submit hiVher bidproposal price or any breakdown thercof, or the contents thereof, or diwJge information or dala relative ther€to, to any corporation, parmership, company, association, organization' bid depository, or to any mcmbcr or agcnt (herEof, or to any individual or group of individuals, except the cily ol vcflrolr, or Lo any person or persons who have a pannership or orher financial intercst with said bidder in hiVher business. Date:04-l Tide:President Varlh 20ll EXHIBIT C B. EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PMCTICES PROVISIONS Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. Contractor agrees that il 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. Contraclor 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 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. D EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS !fldtrstrlv!!.dsge: 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. @C]Jae!C-9e@ff: 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 attomey's fees, or to compel City officials to terminate the service contract of violating employers.