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2015-02-03 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Tuesday, February 3, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California W. Michael McCormick, Mayor William J. Davis, Mayor Pro-Tem Richard J. Maisano, Council Member Luz Martinez, Council Member Vacant, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. NEW BUSINESS City Administration Department 1. A Resolution of the City Council of the City of Vernon appointing Maria Ayala to serve as the City Clerk of the City of Vernon and approving and authorizing the execution of a related employment agreement. Recommendation: (1) Find that the approval of the proposed resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Regular City Council Meeting Agenda February 3, 2015 Page 2 of 6 (2) Adopt the resolution appointing Maria Ayala to serve as the City Clerk of the City of Vernon effective February 9, 2015, and approving and authorizing the execution of an at-will employment agreement. PRESENTATIONS 2. City of Vernon 2nd Quarter 2014-2015 Financial Update by the Finance Director. 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 3. Claim for Damages received on January 26, 2015 from Arturo Zurita, Zurita Trucking/Naihart Transport in an amount in excess of $50,000. 4. Claim for Damages received on January 27, 2015 from Mario Rojas in an amount to be determined. 5. Claim for Damages received on January 27, 2015 from Rosalva Saavedra in an amount to be determined. Minutes – To be Received and Filed 6. Minutes of the Regular City Council Meeting held January 20, 2015. Warrant Registers 7. Approval of City Warrant Register No. 1417, totaling $1,876,835.69, which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of wire transfers totaling $865,860.72; and b. Ratification of the issuance of early checks totaling $767,268.39; and c. Authorization to issue pending checks totaling $243,706.58. 8. Approval of Light & Power Warrant Register No. 382, totaling $4,250,362.44, which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of wire transfers totaling $3,732,264.28; and b. Ratification of the issuance of early checks totaling $439,352.08; and c. Authorization to issue pending checks totaling $78,746.08. 9. Approval of Gas Warrant Register No. 170, totaling $21,692.29, which covers the period of January 13, through January 26, 2015, and consists of the following: Regular City Council Meeting Agenda February 3, 2015 Page 3 of 6 a. Ratification of the issuance of early checks totaling $15,026.55; and b. Authorization to issue pending checks totaling $6,665.74. Police Department 10. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1 through January 15, 2015, to be received and filed. NEW BUSINESS (Continued) City Administration Department 11. 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: (1) Find that approval of the proposed resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt the resolution, effective December 28, 2014, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution, to reflect the following corrections and transfers to Exhibit A – Classification and Compensation Plan: a. Director of Human Resources Classification - Y1- frozen monthly salary should read $16,333.34 instead of $16,333. Pay grade should read E40. b. Fire Chief Classification - Minimum salary should read $15,530 instead of $15,531. c. Transfer IT Group from the Gas & Electric Department to the City Administration Department. d. Delete Y1 Salary Step - $9,537 from Programmer/Analyst Classification e. City Council and Mayor pay grade should read O01 instead of 01. 12. Appointment to the Vacant Vernon Area Representative Seat on the Vernon CommUNITY Fund Grant Committee. Recommendation: (1) Find that the appointment of individuals to serve on the Vernon CommUNITY Fund Grant Committee is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Appoint one of the following two candidates to fill the vacant Vernon Area Representative seat on the Vernon CommUNITY Fund Grant Committee: - Norma E. Rodriguez - Rafael Gonzalez Regular City Council Meeting Agenda February 3, 2015 Page 4 of 6 13. Adoption of Amended Form At-Will Employment Agreements for City Of Vernon Executive and Staff Attorney Positions. Recommendation: (1) Find that approval of the proposed form at-will employment agreements for City of Vernon executive staff are exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve and adopt the amended form at-will employment agreements (safety and non-safety) to be used for City of Vernon executives and staff attorneys (except the City Administrator and City Attorney). (3) Authorize the City Administrator or City Attorney to complete, execute, and when applicable, renew the appropriate form at-will employment agreement for each current and newly hired executive and staff attorney. Finance Department 14. Approval and Authorization to enter into an Attorney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe, LLP to serve as Bond & Disclosure Counsel to the City of Vernon relating to Electric Bond Financing Transactions. Recommendation: (1) Find that the approval of the proposed agreement is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3). The general rule is that CEQA only applies to activities that may have an effect on the environment. Legal services provided in a bond financing are not subject to CEQA; and (2) Approve the Attorney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe, LLP (“Orrick”), in substantially the same form as submitted with the staff report, and authorize the City Administrator to execute the Agreement for a one year period for an amount not-to- exceed $165,000.00 to serve as Bond & Disclosure Counsel for the upcoming Electric Bond Financing Transactions. This entails providing general bond counsel and disclosure counsel services. The cost for bond counsel services is $100,000 and disclosure counsel services is $65,000 for a total of $165,000. Competitive bidding is not required pursuant to Vernon Municipal Code Section 2.17.12(a)(10) (Professional Services). Based upon Orrick’s in depth knowledge of the City’s existing bond covenants, legal and technical expertise in municipal bond financing, outstanding legal representation on prior City electric bonding & tax transactions, and competitive market pricing obtained, it has been determined that the best interest of the City is served by a direct award of the contract. 15. A Resolution of the City Council of the City of Vernon approving and adopting an updated whistleblower policy and repealing all resolutions in conflict therewith. Recommendation: (1) Find the adoption of the resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Regular City Council Meeting Agenda February 3, 2015 Page 5 of 6 (2) Approve the resolution adopting an updated Whistleblower Policy which provides for the enactment of the City’s updated Whistleblower Policy & Fraud Hotline. Such approval will allow the City to further strengthen its Whistleblower policy including the launching of a Fraud Hotline. Gas and Electric Department 16. Approval of Change Order No. 2 to the Existing Consulting Services Agreement with Engineering Partners, Inc., for the Detailed Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River Bridge. Recommendation: (1) Find that the approval of Change Order No. 2 the Consulting Services Agreement with Engineering Partners, Inc., (“EPI”), is in within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (“CEQA”) in accordance with Section 15063. The lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070; and (2) Approve and authorize the City Administrator to execute Change Order No. 2, in substantially the same form as submitted with the staff report, to the existing consulting services agreement with EPI for services related to additional detailed design and preparation of plans to reconstruct the overhead electric system on the west side of the Atlantic bridge, for a compensation amount not-to-exceed $125,000; thereby increasing the total contract value to a not-to-exceed amount of $272,385. Health and Environmental Control Department 17. Approval of the Agreement Accepting the Reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection by Crown Disposal Company, Inc., and allowing the Reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection to Recology Los Angeles c/o Recology Inc. Recommendation: (1) Find that approval for the request is exempt under the California Environmental Quality Act (“CEQA”) in accordance with section 15061 (b)(3), the general rule that CEQA only applies to projects that may have any effect on the environment; and (2) Approve the Agreement, in substantially the same form as submitted with the staff report, accepting the reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection held by Crown Disposal Company, Inc., and assigning the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection to Recology Los Angeles c/o Recology Inc. Public Works, Water and Development Services Department 18. Approval of a Notice Inviting Bids - Contract CS-0533 for the Rehabilitation of Production Well No. 16. Regular City Council Meeting Agenda February 3, 2015 Page 6 of 6 Recommendation: (1) Find that the proposed Notice Inviting Bids is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency’s determination; and (2) Approve the Notice Inviting Bids, per Contract CS-0533 for the Rehabilitation of Production Well No. 16. 19. Rejection of all Bids – for Equipping Well No. 21 and Related Site Work – Contract No. CS- 0484. Recommendation: (1) Find that the request is not subject to the California Environmental Quality Act (“CEQA”) because, under Guidelines 15270 CEQA does not apply to projects which a city disapproves; and even if it were subject to CEQA, it would be exempt in accordance with Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency’s determination; and (2) Approve the rejection of all bid proposals, received on December 9, 2014, per Contract CS-0484 for Equipping Well No. 21 and Related Site Work, and authorize staff to re-advertise and solicit bids for Equipping Well No. 21 and Related Site Work. 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. 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 29th day of January 2015. By: ________________________________ Ana Barcia Deputy City Clerk RECEIVED UAN 2C 20ts STAFF REPORT CtTycLERK's UrFrcE CITY ADMINISTRATION DATE: TO: FROM: RE: APPOINTING MARIA AYALA TO SERVE AS TIIE CITY CLERK OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED EMPLOYMENT AGREEMENT Recommendations It is recommended that the City Council: l) Find that the approval of the resolution proposed in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Adopt the attached resolution appointing Maria Ayala to serve as the City Clerk of the City of Vernon ef[ective February 9,2015, and approving and authorizing the execution of an at-will employment agreement. Background On October 7,2014, the City Council was informed that the recruitment process to fill the vacant City Clerk position would be commencing. The City Clerk position has been vacant since November 30, 2013, when the former Interim City Clerk resigned, and was authorized in the 2014-2015 fiscal year budget adopted by the Council to be filled on or after January 1,2015. Analysis For the sake of efficiency and cost effectiveness, the Human Resources staff conducted the recruitment for the vacant City Clerk position rather than utilizing an outside search firm. Said February 3,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrat A RESOLUTION OF THE CITY CO recruitment was conducted in accordance with HR Policy I-2, Requesting and Recruitment for Personnel and HR Policy I-3, Testing, Certification and Eligibility List. A broad outreach to potential candidates was conducted resulting in twenty-six (26) applications. Nine (9) applicants met the City's minimum qualifications for the position. Those applications were reviewed with Human Resources staff and applicants were invited to participate in a first- round interview conducted by an internal screening panel. One (1) candidate withdrew from the process prior to the interview. The interview panel consisted of the City Administrator, Deputy City Administrator, Deputy City Attorney, Director of FinancelCity Treasurer, Director of Human Resources, and the Police Chief. The two (2) highest-ranking candidates were referred to the final interview selection with the City Council. The City Council conducted interviews with the nvo (2) highest-ranking candidates at a special City Coturcil meeting held on January 8, 2015. After thorough consideration and deliberation, the City Council unanimously determined Maria Ayala to be the best-qualified candidate to meet the needs of the City and the City Clerk's Office. As such, the City Council directed the City Administrator to pursue the employment of Maria Ayala as the City Clerk for City of Vemon, subject to approval of an At-Will Employment Agreement. The At-Will Employment Agreement for City Clerk has been executed by Ms. Ayala and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement is consistent with other City of Vemon executive employment contracts, with the exception of minor updates. (A request for City Council approval of the minor updates to the form at-will employment agreement is also on the February 3, 2015 agenda as a separate item.) The Agreement establishes an effective date of February 9,2015, and a minimum starting salary of $132,444 per year, plus all benefits provided to executive personnel. As Clerk of the Board to the Orange County Sanitation District, Ms. Ayala is experienced in public sector agencies in the areas of federal and state laws and statutes governing municipal operations, public records, open meetings, including the Brown Act, Califomia Public Records Act, Califomia Political Reform Act, and Conflict of Interest Codes, Records Management and codes and ordinances. Ms. Ayala possesses a Masters in Public Administration, is a Certified Mwricipal Clerk (CMC), Certified Special Board, Secretary/Clerk (CSDA), and is currently working toward completion of her Certified Masters Municipal Clerk (CMMC) designation. Given Ms. Ayala's qualifications, work experience, and familiarity with the activities of a City Clerk's office, she is well suited to meet the needs of the City and assist with the furtherance of the City's good governance reforms. Ms. Ayala's professionalism and positive attitude will be a valuable addition to the Vernon team and the City Clerk's Office. Ms. Ayala will be in attendance at the February 3,2015 City Council meeting and prepared to take the oath of office at that time. Fiscal Impact The approximate annual cost to fill the City Clerk position as proposed in this staff report is $158,900 (salary of $132,444, plus fringe benefits). The approximate cost for the remainder of this fiscal year is $66,200, and sufficient funds were included in the budget for FY 2014-2105. RESOLUTION NO. A RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF VERNON APPOINTING MARIA AYAI,A TO SERVE AS THE CITY CLERK OF THE CITY OF VERNON AT{D APPROVING AND AIITHORIZING THE EXECUTfON OF A REI,ATED EMPLOYMENT AGREEMENT WHEREAS, the City Clerk posit.ion has been vacant since November 2013; and WHEREAS, On Octsober 7, 2074, the City Council was informed that the recruitment process to fill Ehe vacant City CLerk position woul-d be commencing; and WHEREAS, tshe Human Resources Department creatsed an executive recruitment brochure for Ehe position (aEtached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants; and WHEREAS, tshe City Council conducted final interviews of the two highest ranking candidates at a special City Council meeting on ,January 8, 2015; and WHEREAS, the City Council of lhe determined Maria Ayala ("Aya1a") to be the the position and desires to appoint Ayala effective February 9, 20]-5, subject to the Executive Employment Agreement, consistent. adopted by the City Council for non-safety NOW, THEREFORE, BE TT RESOLVED BY CITY OF VERNON AS FOLLOWS: SECTION 1: The city of Vernon has most gualified candidate for to serve as the City clerk, execution of an At -wi 11 with the form of Agreement finds and determines that SECTION 2: The executives. THE CITY COUNCIL OF THE CiEy Council of the City of Vernon hereby the above reciEals are true and correcc. City Council of the City of Vernon finds that this action is exempt under the California Environment.al Quality Act (CEQA), in accordance with Section 15051(b) (3), the general rule that cEoA only applies to projects uhat may have an effect on tshe environment. SECTION 3: The City Council of the City of Vernon hereby appoints Maria Ayala to serve as the City Clerk of the City of Vernon, effective February 9, 20L5. SECTION 4: The Mayor, or any authorized officer, administer the Oath of Office prescribed in the Constitsution State of California to Ayala and shall have her subscribe to file it with the Human Resources Department. sha1l of the it and SECTION 5: The City Administrator is authorized to enter into an At-WiII Executive Empl-oyment Agreement with Aya1a, in substant.ially the same form as attached hereto as Exhibit B, and at the sa1ary and benefit 1eve1 approved by the City Council. SECTION 5: The City Council of the Citsy of Vernon hereby directs the City C1erk, or the City Clerk's designee, to give a fuI1y executed Agreement to Aya1a. 2 SECTION 7: The City C1erk, or DepuEy City C1erk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shalL cause this resolution and the City C1erk,s, or Deputy Cj-ty Clerk's, certsification to be entered in the File of Resolut.ions of the Council of this City. APPROVED AND ADOPTED this 3rd day of February. 2015. Name: Tit.Ie: I'riayor / Mayor Pro-Tem ATTEST : City C1erk / Deputy City Clerk APPROVED AS TO FORM: ,p- 3 STATE OF CAITFORNIA ) ) ss COUNTY OF LOS ANGELES ) T,, CiEy Clerk / Deputy City Clerk of the City of vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed. approved and adopted by the City Council of the cit.y of Vernon at a reg'uIar meeting of Ehe City Council duly held on Tuesday, February 3, 201-5, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executsed this day of February, 2015, at Vernon, California. City Clerk / Deputy City Clerk (sEAr) 4 EXHIBIT A CITYOFVERNON 4305 Santa Fe Ave. Vernon, CA 90058 INVITES YOUR INTEREST IN TIIE POSITION OF CITYCLERK EXCLUS TVELY INDU S TRIAL "Fr; ,L t THE COMMUNITY The City of Vernon is an industrial city of 5.2 square miles located about five miles to the southeast of downtown Los Angeles. Founded in 1905 as the frst exclusively industrial city in the Southwestern United States, its residential population is I15. Vernon currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic engine for the region. Vernon offers an environment uniquely friendly to business and is home to many Fortune 500 companies in industies that include food and agri- culture, apparel, steel, plastics, logistics and home furnishings. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant support for public services such as recreation and education. Over the years, Vernon's city government has grown into one of the most efficient and business friendly in the region. This is due to several factors including: . Vernon Offers an array of municipal services tailored to meet the needs ofthe business community. . Vernon is one of 6l cities in the United States with a Class I rated fire department and one of four cities in California with its own health department, specializing in industrial issues. . Low tax levels . City-owned and operated utilities, offering low rates for water, elec- tricrty, gas and fiber optics. . Vernon is a finalist in the 2014 Los Angeles County Economic De- velopment Corporation's "Most Business Friendly City" award competition for cities with less than 50,000 residents; Vernon won THE ORGANIZATION The five members of the City Council are elected at large, on a non-partisan basis, for five year staggered terms and, as a result of 2011 Charter amendments, no person may serve more than two full terms of office. The Mayor is selected by the Council. The City's total budget for FY 2014-15 is al- most $343 million (the General Fund budget is almost $53 million) with approximately 250 employees. Vemon continues on the path towards creating greater accountability and transparency with the goal to create a model government. In February 2012,former California State Attor- ney General John Van de Kamp was appointed as the Independent Reform Monitor to: l. Report on Vernon's compliance with laws governing conflicts of interest and/or trans- parency in government. 2. Make recommendations to improve and en- hance the City's existing practices, proce- dures and policies. 3. Review the City's governance reform measures and initiatives and recommend measures and initiatives in the best interest of the City. Kev challenses and ooportunities facins the Citv Clerk include: . Working collaboratively with the City's ex- ecutive team and elected and appointed ofFr- cials to further the City's efforts to become a model city. . Serving a new and expanded residential population. . Conducting general municipal elections an- nually and special elections as needed. THE POSITION The City Clerk's role is to plan, direcg supervise, and coordinate all activities of the City Clerk's Office, including those related to Council meetings, City elections, and public rec- ords in accordance with applicable laws, codes, policies, and procedures. The City Clerk is considered an important member of the team -the City Council, City Administrator, Depart- ment Heads and staff- that has been assembled to suc- cessfully address and respond to the myriad of issues that Vernon faces on a daily basis. The City Clerk supports the relationship between the City of Vernon and the general public by demonstrating cour- teous and cooperative behavior when interacting with vis- itors and City staff; maintains and coordinates public ac- cessibility of City infor- mation. The City Clerk assures that security protocols are fol- lowed, and all reports and paperwork are completed in a timely manner; updates, corrects, retrieves, and releases information according to procedures; assures the absolute confidentiality ofthe City's confidential records and information; verifies that official City activities are in compliance with federal and state laws and regulations and City policies; works inde- pendently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. ESSENTIAL JOB FUNCTIONS This is not a comprehensive listing of all functions and duties performed by incumbents in the City Clerk classification: . Serve as Clerk to the City Council. . Coordinate the preparation of Council agendas and sup porting material including public notification, technical and legal documents; attend agenda conference; publish, issue, and post final agenda. Direct the preparation, publication, distribution, filing, in- dexing and safekeeping of Council proceedings, minutes, and actions. Plan and direct the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents. Maintain the City Municipal Code; certiff City documents; attest to proper execution of all public documents. Serve as the custodian of the City Seal, official City rec- ords, and offrcial municipal documents; plan and direct the City' s records retention/preservation program in compli- ance with legal requirements and City policy. Oversee the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affrmations. Plan and direct municipal elections including managing the dissemination, and return of ballots and the filing of all required technical documents; oversee and/or perform no- tary public duties. Serve as filing offrcer and official for state and local cam- paign statements and conflict of interest codes of the City Council advisory bodies and all designated employees un- der the Political Reform Act. Receive and process petitions, claims against the City, and lawsuits. Analyze, review, and make recommendations regarding offrce procedures. Prepare, administer, and control department budget. THE IDEAL CANDIDATE The ideal candidate is someone who can properly prioritize his/her workload, follows through, and who is detail orient- ed, well organiznd, decisive and has a sense of urgency. He/ She should be a team player who is open and approachable; able to identi$, select and motivate subordinate staff; and can handle ambiguity. Furttrermore, he/she should be re- sponsive, in a timely manner, to requests from the Council, City Administrator and Deparfinent Heads. He/She must be politically astute, hardworking, energetic and confident with a 'can do" attitude. Finally, the City Clerk needs to be trustworthy, ethical and articulate, and have good people skills. Education Trainins and Experience: Bachelor's Degree in Public or Business Administration, or closely related field; AI.ID five years of responsible experi- ence involving the administration of a City Clerk or similar municipality office including at leastthree years of supervi- sory experience. License and Certification Requirements: A valid California State Driver's License is required. Notary Public license is required. Certified Municipal Clerk (CMC) Certificate is desirable. Knowledse of: Federal and state laws and statutes governing municipal op- erations, public records, and open meetings, including Cali- fomia Public Employment Relations Board, the Meyers- Milias-Brown Act, California Public Records Act Califor- nia Elections Code, California Political Reform Act and the Federal Voter Rights Act. City ordinances, codes, policies, resolutions, and agree- ments. Federal and state laws and regulations governing City ad- ministration and elections. Parliamentary practices and procedures governing public meetings. Principles and practices ofrecord keeping, confidential rec- ords management and records retention. Skill in: Explaining and applying state and federal rules and regula- tions and statutory standards. Researching, reviewing, correcting, and maintaining complex and extensive public records. Monitoring the City's compliance with all laws, regulations, and rules. Establishing and maintaining effective working relationships with the City Council, City Administrator, City Attorney, City deparfrnents and stafi regional government agencies, and the public. Communicating effectively verbally and in writing. Compensation: The proposed monthly salary range for this position is $10,874 - $13,217. Salary placement depends upon qualifications. In addition, benefits are provided which include: vacation, holi- days, sick leave and administrative leave; medical, dental, vi- sion and life insurance aggregate allowance of $12,600 per year; pre-tax supplemental insurance plans offered through AFLAC, Colonial Life, and Mutual of Omaha;the option of participating in a Section 125 IRS Plan for reimbursement of dependent care and medical costs; retirement through the Cali- fornia Public Employees Retirement System (CaIPERS), with a2.7Yo at 55 formula for classic members (classic employees pay an 8% contribution) and a2Yo at 62 retirement formula for new members (new employees pay at least 50% of normal costs);457 defened compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union membership available. The City has a 4-10 work schedule. HOWTOAPPLY To apply for this outstanding opportunity to work for a dy- namic, growing and progressive City, please visit our website at www.citvofvernon.org to apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Thursday, November 13,2014 If you have any questions, please do not hesitate to contact the Human Resources Department at (323)583-881I ext. 166. EXHIBIT B AT-W|LL EMPLOYMENT AGREEMENT (NON-SAFEW) BETWEEN THE CITY OF VERNON AND nsert Employee Namel This Agreement is between the City of Vernon ('City) and Maria E. Ayala ('Employee'). Recitals City desires to employ Employee as an at-will employee in the position of City Clerk. Employee desires to be the City Clerk and acknowledges that such employment is atwill. The City Administrator, pursuant to the authority granted by the City of Vemon Charter and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and conditions identifi ed below. AGREEMENT Section 1 : The effective date of this Agreement shall be February 9, 2015. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at.will employee and may be terminated, with or without cause, upon 30 days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 9 below. Section 2: DUTIES A. City engages Employee as the City Clerk to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his/her ability and experience that he/she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vemon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his/her duties, he/she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he/she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to January 2015 such information. Employee further agrees that if he/she has a question as to the confidentiality of information obtained in the course of his/her employment, heishe will contact the City Administrator for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his/her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his/her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $132,444, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administratois evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vemon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes lhe 2.7% @ 55 benefit formula for'classic' miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then cunent Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Defened Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at-will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. 2 January 2015 B. ln the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identifled in paragraph B, of this section, Employee shall fulfill all of his/her obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B' to this Agreement. D. All severance payments shall be paid within thifi (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to him/her or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. SectionT: EXECUTIVECOMPENSATIONLIMITATIONS lf Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. lf Employee is provided funds for any legal criminal defense during his/her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. lf this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his/her resignation or retirement. ln the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 7, paragraph B, above. Section 9: DISABILITY lf Employee is permanently disabled or othenrvise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide 3 January20'15 reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the public Employees Retirement System ("PERS'). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 7 of this Agreement. ln cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 1O: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, retum receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Administrator City of Vemon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Maria E. Ayala B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability ln the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one 4 January 20'15 time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on linsert date - should be the same as the initial date of the terml. [Signatures Begin on Next Page]. January2015 lN WTNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed in its behalf by its City Administrator, and executed by the Employee. City of Vemon, a California charter City and California municipal corporation Dated: Mark C. Whitworth, City Administrator ATTEST: Ana Barcia, Deputy City Clerk Approved as to form: Hema Patel, City Attorney -6- January 2015 ln signing this Agreement, Employee understands and agrees that his/her employment status is that of an at-will employee and that his/her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he/she was given the opportunity to consult with an attorney prior to signing this Agreement. o"t"a, tVtlz.ors Signed: 7 January 2015 ATTACHMENT A Job Description 8 January2015 JOB DESCRIPTION City Glerk Date Prepared:March2014 Class Code:1310 SUMMARY: Under general direction of the City Administrator, to plan, direct, supervise, and coordinate all activities of the City Clerk's Office relating to Council meetings, City elections, and public records in accordance with applicable laws, codes, policies, and procedures, and to do related work as required. ESSENTIAL FUNCTIONS: - Exentialtunclions, as defined underthe Ameicans with Disabilitix Act, may include any of the following representative duties, knowledge, and skills. Ihrs rs not a nmprchensive listing of allfundions and duties pertormed by incumbents of fhis c/ass; employex may be assrgned dutix which are not lisled below; reasnable accr,mnadafions will be made as required. The job dexiption does not constitute an employment agreement and ls suDlbct to change at any time by the employer, Essentra/ dufies and responsibilities may include, but are not limited to, the following: o Serye as Clerk to the City Council. . Coordinate the preparation of Council agendas and supporting material including public notification, technical and legal documents; attend agenda conference; publish, issue, and post final agenda. . Direct the preparation, publication, distribution, filing, indexing, and safekeeping of Council proceedings, minutes, and actions. . Plan and direct the processing of ordinances, resolutions, bond issues, annexations, vacations, assessments, charter amendments, initiatives, referendum, recall petitions, and other related documents. o Maintain the City Municipal Code; certify City documents; attest to proper execution of all public documents. . Serve as the custodian of the City Seal, official City records, and official municipal documents; plan and direct the City's records retention/preservation program in compliance with legal requirements and City policy. . Oversee the processing of all appointments, resignations, and terminations for all official boards, commissions, and committees; administer oaths and affirmations. . Plan and direct municipal elections including managing the dissemination, and retum of ballots and the filing of all required technical documents; oversee and/or perform notary public duties. . Serve as filing officer and official for state and local campaign statements and conflict of interest codes of the City Council advisory bodies and all designated employees under the Political Reform Act. . Receive and process petitions, claims against the City, and lawsuits. . Analyze, review, and make recommendations regarding office procedures,. . Prepare, administer, and control department budget. . Coordinate City Clerk activities with other City departments, divisions, and with outside agencies; o Verifies official City activities are in compliance with federal and state laws and regulations, and City policies; works independently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. . Assures the absolute confidentiality of City's confidential records and information.. Assures that security protocols are followed, and all reports and papennrork are completed in a timely manner; updates, corrects, retrieves, and releases information according to procedures. . 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; maintains confidentiality of work+elated issues and City infomation; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Public or Business Administration, or closely related field; AND five years of responsible experience involving the administration of a City Clerk or similar municipality office including at least three years of supervisory experience. Knowledge of:. City organization, operations, policies, and procedures.. Federal and state laws and statutes goveming municipal operations, public records, and open meetings, including California Public Employment Relations Board, the Meyers-Milias-Brown Act, Califomia Public Records Act, Califomia Elections Code, Califomia Political Reform Act and the Federal Voter Rights Act.. City ordinances, codes, policies, resolutions, and agreements.. Federal and state laws and regulations goveming City administration and elestions.. Parliamentary practices and procedures goveming public meetings.. Principles and practices of record keeping, records management, and records retention.. Principles and practices of confidential records management, and security precautions in the public sector.. Legal, ethical and professional rules of conduct for public sector employees and elected officials.. Customer service principles, protocols, and methods.. Business computers, and standard and specialized software applications. Skill in:. Explaining and applying state and Federal rules and regulations and statutory standards.. Researching, reviewing, correcting, and maintaining complex and extensive public records.. Monitoring the City's compliance with all laws, regulations, and rules.. Assessing and prioritizing multiple tasks, projects and demands.. Dealing tactfully and courteously with those seeking information about City functions and activities.o Exercising sound, independent judgment within general policy guidelines.. Establishing and maintaining effective working relationships with the City Clerk and City Attorney, co-workers, City Council, Mayor, City Administrator, City departments and staff, regional govemment agencies, and the public.. Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Drivef s License is required. Notary Public license. Certified Municipal Clerk (CMC) Certificate. PHYS]CAL DEilANDS AND WORKING ENVIRONTTIIENT: Work is performed in a standard office environment. ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of pursuant to my employment agreement with the City of Vemon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code 91542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Employee -9 - January 2015 City Council Meeting February 3, 2015 City of Vernon 2nd Quarter Financial Update Overview •Second Quarter Financial Results •Investments Portfolio •Planned Bond Financing •Additional Comments 2 2nd Quarter Snapshot and June 30, 2015 Year End Forecast 6 Mo. Results @ 12/31/2014 12 Mo. Forecasted @ 06/30/2015 Description Budget Actual Variance Budget Forecast Variance City-Wide Revenues 178.1 163.5 14.6 343.3 324.6 18.7 City-Wide Expend.192.4 176.5 15.9 343.3 327.3 16.0 Net (14.3)(13.0)(1.3)-(2.7)2.7 3 Fiscal 2015 Year-End Forecast Financial Comparison (In $ Millions) 4 $- $50.0 $100.0 $150.0 $200.0 $250.0 $300.0 ENTERPRISE REVENUES ENTERPRISE EXPENDITURES GOV'T REVENUES GOV'T EXPENDITURES 2015 BUDGET $271.5 $271.5 $71.8 $71.8 2015 FORECAST $255.6 $258.4 $69.0 $68.9 VARIANCE $15.9 $13.1 $2.8 $2.9 $2.8 $(0.1)$2.7 2nd Quarter Snapshot and June 30, 2015 Year End Forecast 6 Mo. Results @ 12/31/2014 12 Mo. Forecasted @ 06/30/2015 Description Budget Actual Variance Budget Forecast Variance Government Revenues 31.8 29.3 2.5 71.8 69.0 2.8 Government Expend.37.4 34.5 2.9 71.8 68.9 2.9 Governmental Net (5.6)(5.2)(0.4)-0.1 (0.1) Enterprise Revenues 146.3 134.2 12.1 271.5 255.6 15.9 Enterprise Expend.155.0 142.0 13.0 271.5 258.4 13.1 Enterprise Net (8.7)(7.8)(0.9)-(2.8)2.8 City-wide Net (14.3)(13.0)(1.3)-(2.7)2.7 5 6 2nd Quarter Ending December 31, 2014 Governmental Funds (in $ millions) 6 Months 6 Months 6 Month Variance Department Budget Actual (UNDER)/OVER REVENUES General Government 27.4 26.3 (1.1) Health 1.5 1.4 (0.1) Public Safety 0.8 0.7 (0.1) Public Works 2.1 0.9 (1.2) TOTAL REVENUES 31.8 29.3 (2.5) EXPENDITURES General Government 18.4 16.6 (1.8) Health 0.9 0.7 (0.2) Public Safety 12.4 12.7 0.3 Public Works 5.7 4.5 (1.2) TOTAL EXPENDITURES 37.4 34.5 (2.9) NET (5.6) (5.2) 0.4 7 2nd Quarter Ending December 31, 2014 Enterprise Funds (in $ millions) 6 Months 6 Months 6 Month Variance Department Budget Actual (UNDER)/OVER REVENUES Light and Power 110.2 103.9 (6.3) Gas 31.5 26.0 (5.5) Water 4.3 4.1 (0.2) Fiber 0.3 0.2 (0.1) TOTAL REVENUES 146.3 134.2 (12.1) EXPENDITURES Light and Power 118.8 111.8 (7.0) Gas 31.5 25.9 (5.6) Water 4.4 4.1 (0.3) Fiber 0.3 0.2 (0.1) TOTAL EXPENDITURES 155.0 142.0 (13.0) NET (8.7) (7.8) 0.9 Investment Portfolio Overview As of December 31, 2014 (In $ Millions) 8 Minimum Actual Fair Value % Required Credit Rating as of of Description Rating Moody's / S&P 9/30/14 Total In custody of Treasurer: Cash on Hand and on Deposit N/A N/A 15.8$ 13.6% Local Agency Investment Fund None Not Rated 0.5 0.4% Total in custody of Treasurer 16.3 14.0% In custody of Trustee: Deposits and Money Market Funds N/A N/A 54.9 47.2% U.S. Treasury Notes None Aaa / AA+29.3 25.2% Federal National Mortgage Association None Aaa / AA+7.3 6.3% Federal Home Loan Mortgage Corporation None Aaa / AA+6.1 5.2% Federal Home Loan Banks None Aaa / AA+2.3 2.0% Total in custody of Trustee 99.9 86.0% Total cash and investments held by Treasurer and Trustee 116.2$ 100.0% Investment Maturities As of December 31, 2014 (In $ Millions) 9 •$77.1 million (77%) of investments mature in less than one year. Fair Value as of Less than 13 - 24 25 - 60 % of Investment Type 9/30/14 12 Months Months Months Total Money Market Funds 54.8$ 54.8$ -$ -$ 54.6% Local Agency Investment Fund 0.5 0.5 - - 0.5% U.S. Treasury Notes 29.3 6.1 23.2 - 29.2% Federal National Mortgage Association 7.3 7.3 - - 7.3% Federal Home Loan Mortgage Corporation 6.1 6.1 - - 6.1% Federal Home Loan Banks 2.3 2.3 - - 2.3% Total Investments 100.3$ 77.1$ 23.2$ -$ 100.0% Investment Maturities (in Months) Investment Portfolio by Fund As of December 31, 2014 (In $ Millions) Cash and Investments Enterprise 12/31/2014 Governmental 12/31/2014 Total Restricted Cash (debt service, capital improvement, grants, and rate stabilization)$ 87.3 $ 4.4 $ 91.7 Unrestricted Cash (available for City’s daily operation)19.9 4.6 24.5 Totals $ 107.2 $ 9.0 $ 116.2 10 Investment Derivatives –Swaps As of December 31, 2014 (In $ Millions) Investment Derivative Instruments (Variable to Fixed Swaps) Notional Amount Derivative Liability 6/30/2014 Gain/(Loss) 7/1/2014 - 12/31/2014 Derivative Liability 12/31/2014 2004 Series A Bonds (City pays 3.607% and receives 62.87 of LIBOR one-month index plus 0.119%)$ 90.2 $ (16.6)$ (6.8)$ (23.4) 2004 Series B Bonds (City pays 3.542% and receives 62.87 of LIBOR one-month index plus 0.119%)83.6 (13.7)(1.1) (14.8) Totals $ 173.8 $ (30.3)$ (7.9)$ (38.2) 11 Planned Bond Financing •In October 2014 an RFP process was initiated –10 Firms solicited –Solicitation announcement in local newspaper –Posting on City website •Four responses have been received •The City is finalizing a bonding strategy for refinancing existing debt and assessing additional requirements •Staff report recommendations forthcoming •Future Council briefings prior to bond placement 12 -Citigroup -J.P. Morgan Chase -Morgan Stanley -Stifel -Bond Counsel -Underwriting Additional Comments •Long-term financial plan is continuing to be refined –PERS –Retiree benefits –Bond refunding •Each department is closely monitoring its revenues and expenditures against their budget •The three voter approved tax measures continue to be collected 13 t REGEIVED Arturo zurita JAN 2 6 Zols ZURITA TRU C KIN GNAIHART TRfN$F'TiWTC' 1825 E.22nd St., Los Angeles CA 9L January 15,2015 VIA CERTIFIED U.S. MAIL City of Vernon - City Clerk. 4305 S. Santa Fe Ave. Vernon, CA 90058 Re: Notice of Governmental Claim and Request to File a Claim. Dear Sir or Madam: Please consider this a notice of govemmental claim, and to the extent any such claims are more than six months old, as an application for a late claim pursuant to California Government Code, Section 910. A. NAME OF THE CLAIMANT: Arturo Zurita,ZuritaTruckingA.{aihart Transport, 1825 E. 22ndSt., Los Angeles CA 90058. B. ADDRESS TO SEND ALL NOTICES AND OTHER COMMUNICATIONS REGARDING THE CLAIMS: Arturo Zurita,ZuritaTruckingAlaihart Transport, 1825 E. 22ndSt., Los Angeles CA 90058. C. THE DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTIONS WHICH GIVE RISE TO THE CLAIMS ASSERTED: On or about November 10,2014, a sinkhole located at 2838 S. Alameda Street, Vernon, California, caused a tractor & trailer, owned by claimants, to overturn. On information and belief,- said sinkhole was caused by negligent maintenance of property conditions and/br water pipes owned and operated by the City of Vernon and Gautier Land Corporation. City of Vernon January 15,2015 Page2 of2 D. GENBRAL DESCRIPTION OF THE INJURY, DAMAGE OR LOSS INCURRED. General and special damages, the full specifics of which are not yet fully known, but may include without limitations: property damage to a tractor & traller estimated as at least $50,000, Ex. "1"; over $7,000 and counting in storage & towing costs, 8x. "2"; over $9,000 per week in lost income/earnings. E. NAMBS OF PUBLIC EMPLOYEES CAUSING THE INJURY, DAMAGE OR LOSS INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWINGi City of Vernon and various agents; discovery continuing F. THE AMOUNT OF CLAIMED DAMAGES EXCEEDS 525,000, AND JURISDICTION WILL BE PROPER IN LOS ANGELES SUPERIOR COURT. If you contend this is not the proper location for a Governmental Claim, please advise of the proper address. Further, if defendants contend there are any required administrative remedies not pursued by plaintiff, please advise so that we can fulfill any internal administrative remedy requirements now. Thank you. Enclosures .,'n:o/mly yours,r' i' [qf&,ff;---,a_ .'" Arturo kgj "Exhibit L " Fage I ot 4 Metro Wide Claims Specialty Truck & Equipment Appraisal R'T\A'C P.O. Bor 27535 Anahelm, cA 92809-0121 (714) 815-1503 Fax (866) 5s4.7s27 Fras 2014677 Q'no' Gautier Land Corp/Arturio Zurita o"'o'o 1825 E2}ndst, Los Ane.lqs.!4-200t9 *o'"'66 lngwd Samc as above oot"n' chubb & soo clt'n' o td,"r, %Tow,MontereyPatk,fu OrtE Loll I l-10-14 Dat" R.dd I Oato fup'O1t-19-t4 | 11-21-)4 Yc:t zo09 .Mfu,rntenlstlonsl #o1L1[r."*,r- l7z" A.ro""b lu"'-''o LicEns. " No Pl"tt, Rarl Repr DsscrlDtlon of Dgrugo R€DeIf Pqf,!euOIcl I K Front Bumper Covet- LKQ B*oper- G"igut T*.k I t.LKo Parr$2oo.oo + $3oo.oo ship@ 1.0c $600.0c n 4,X *oo6 5helt - LKQ Hood - K & R Truck Salee' 616-392-8377 5.LKe Part 52,750.00 + $803.28 Shipping: $3,5s3?qlz9% t\48rk UP 8.0($4,263.9t, 0. 7,hl 2.0c 8- o X Cab Assemblv - LKQ Cab Assy - Aottve Tnrck P"tt - 877-337- l0-LKO Part $12,800.00 + $1,315.32 S@ 36.0C $16.938.38 ll 3.s(12,X p^^f nFflPrJffi - Clesn Uo LKO Part 13. 2.0014.X Tto^olo &nm l'lmrr. of LKO Cab 15. 16.rrrienr Aeqw fNnf Tnc with Cab) - LKO - Aotive Truck 1.0c $510.0( 17.rar< nn Shin6ino Inc = 5425.00 + ZA%MN 18. 19.K R & I Left Door Mioor r.00 20. 21.'lt,t****+*.r!r{.,rt *,trlr*rl*.+CONT*!f *,l.+}***+t++T*l++'****+ n*ill tg.eo Hrr'er 9125.99 $2,450.0( fr[611g6eFrMPAcT { AREA OF DAMAGE uaoor ltp.JQ no'* $85.00 $10,140.5( iin'$254g1.17 t"'oyo *$25,481.1? 6ubt€t $lEo8.2o $1,808.2[ +*.*,ir*,r.*ToTAL T.OSS*'t***+t3 ***,t* * +* sdb Totsl $39,879.8' Days to RBPeir Zg "'g.oo%o '"" $2r2ggs7 $2,456.04 cir/AP Ator{go por D8Y Oth6a Ch8ro65 -- lowlng TBf, A.grood BV S,J,./oVOf T6x lD,Totsl $42,335.91 -o-* -1i-23-14 Loss Deductible.TBD only- No NOTICE TO i8?AIRER -'-I hr5 16 Ns t €n qulrterrz'surr rg! r ePq' -;-;;;.'; .il;"ir,." ."tnu,v'. "t tnorrie rcpoi*. .Aulho.izsgon to Eprir ffd quarantec qr Plvmonl can odty bs ma(e Dy owner ot the propeny ; y.i"r.. u*a tlvri. Otalra! zFtci6a! 8nd lfll€n(t thet r[ cPslra and/or pcil G,hs!f,lnt' liEted horeon be mado ln Slrlct accordtnso with manufactutedE sPecincatlonr snd EGomm€ndotlon2' M6t|t, wloo d.tm: and/or lh cttent-;;me no rosponelDlfity tor rhE ar.talty ot tic repllr5 rnd s6f€ty. Eupplementrl Epalro ore subied to rglnapectlon'" Total Amounl To Repair $42,335.91 Metro Wide Claims Specialty Truck & Equipment Appraisal Anaheim, Fax nfi\rvc P.O. Box 27635 cA 92809-0{21 (714) 8{5^{503 (888) 5S4-7027 y",1rrr" q*.,, Gauticr Land corp/Arturio Zrrrita - pdaor Z-ot!- ,il"t 201467l surusyoq Rick S' Locke Side Fs.irins Extension rvith Cab) - K & R E77'745'0150 Part $175.00 Shippins Ino: $100.00 + & I Left SideFairtng Extension & I Exhaust Stack Side Fuel Tark - LKQ Fucl Tank'Active Truck Parts - 877-I Part $775-00 Shippiue Inc: $775'0Q-llQ!i lv{/U and Fill Fuel Tank Fuel Tank Lower Gear-NewOSM-PNTAS65006A M and Fill Powe,t Steerin€ Fluid Side HoodMinor - LKQ - Ryd-umor" tu* - E8&5a1{130 psrr $i00.00 + $25.00 Shipping Inc@- Side Hood Mirror - LKQ - Bya"mor. f*.t - gE8-5a1{t Part $100.00.+ $25.00 Shipping Inc: $L2s-00 + 20'l'tWLr. Oil Pan - New OEM - PN ++* * + *+. lG +.t+*,t,t t **AQQffi+ *.+t** +$ 3++ t t* *d** ii**** SiJEITO-TALS PAGE T\AIO THI5 16 NOT AN AUTHORTZATION TO MAKE REPAIRA Tot8lr on F806 I Qlaim Poliry fl R.F De.qiptjon cf D!ms0e Ropsir TImG Pa(j Sublat z.5t $330.0 z.5l L5r 2-51 s930.0r 1.or In $122.9 3A' 0.5($20.0r I.0,st 50:0 1.0 $150.01 3.0r $1,067.0r 50 lnzinc Oil Pan Gssket I 1'',I srs.o 6t 2.01s2Sheck Encine Bearinss M L Metro Wide Claims Specialty Truck & Equipment Appraisal I\N\NC P.O. Box 27835 Anaheim, CA 82809-0121 (714) 815-1sos Fax (868) 594'7027 u.n,",, o*n.,, @!!EI!!I4 Porot'3 a!- Samc as sbove Front Quarter Fcndcr Front Quarter Fender Inner Shield - Ncw OEM Front Quarter Fender Inne4 Shield 'Ncw OEM & I RF wheei - Subla Mount Balance and Check Wheel/Tirc Front Outer IYh""t ' St."l Budd - 22.5 N Mount ard Install RFO Tke Wheel Studs (10 x $4.!! Nuts (10 x $1.42 Front Stccr Axle and Check RF Steer Axlc M andMcasurc Pmme Radistor, Air to Ail and AC Condcnscr SUB.rOTALS PAGE THTAEE THIS IS NOTAN AUTHORIZAYIONTO MAKE REPAIRS Metro Wide Glaims Specialty Truck & Equipment Appraisal IVIv\,G P.O. Box 27635 Anaheim, CA 92809-0121 {714} 81s.'ts03 Fax (866) 5s4-7o27 edEe* 4 $t4 Samc as above 20t4671 61115 pelrcytr Rick S. Locke Rc pl Rcpr D6sris{oh of DarnaOe Rcpcir Tlmo Psrls 9ubl0t 86. a7.lefinish: Hood Shcll 8.0r 88.RightFender Ext 1.1 69.LeftFenderExt 1-10 BO.Cab Exterior 16.00 91,Cab Intetior 6.00 92,Roof Dcflector 3.0c 83.Risht Cab Extefld€r l.0c s4.LeftCab Extcndcr i.0( s5.Cloar Coat 4.0( ga. 97.Paint Materials 41.2 hrs x $36.00/trs $1,483.2C s8. 00.X Hazzrdous M*srial Disposal $5.0( 100. t0 r.Evacuate Recover and Rechargc AC M 1.80 102. r03.Soolant - Anti Freeze 0.5c $25.0( t0{. roS.(Mischardware and shop supplies $125.0( 10E. t0?- 108, 109. fl0. t1t 112. I 13. 1 14. 115. 1,l6. gTJTTOTALS P^GE FOTJFT 43.5($25.00 $1,613.2[ THIS TS NOT AI{ AUTHORIZATION TO MAI(E REPNRS Tdrlu qtr Pt06 1 "Exhibit 2" 9 L/O FRESKA PRODUCE INTL 5 R/O NAII{ART TR.ANSPORT TO: NAIHART TRANSPORT 5 R/O LB25 E 22ND ST LOS ANGELES, CA 90058 Date t LL/L7 /a4 NOTICE OF STORED VEHICLE AND VEHICLE BILLING INFORMATION Vehicle Make: fNTL Year; 2009 Lj-cense #: Vehicle ID #: Storage Commenced : L1, / 1,0 / L4 oaily storag'e Rate: $ 50 . 00 towing: $ 6oa4 -27 Repairs: $ o ' 0( Every attempt hes been made to ref(ect the acctrrete amounts you Bre being charged' Any error6 or omissions in this bit does'not reliev" you of tlte fu[t and true amounte you or'Ie' Dear Sir or Madam: This leEter shall serve to advise which you may Lrave dn interesL is you that the above vehicle in present)-y being stored bY: NAMC: NAVARRO'S TOWING Addrese: 524 MONTEREY PASS RD Citylstate: MoNTEREY PARK. CA 91754 Phone #: 1626\2BL-0911 Ref #: ils--a..re,sulE..of, -a*.publiq..age.f-rcy, p{iyalq }qtpgHld,. -9f qepAif, re-qlres-F you may redeem said vehicle by appea.ring during rrQrmal business hours aE eaid locacion. THERE IVIAY BE RESTRICTIONS ON THE REIJEASE OF EHIS VEHICI'E you will be required to pay storag'e charges thaE accrue on a daily basj-s. There may be towing and/or repair charges and additional taxes and/or release fees may appli/ if the vehicle has been irnpounded by a Law nnforcemenE Agency. califolnia l-aw (vehicle code section L0652.5) stateE that the costs of notifying the lega1 owner may be charged. as parE of the Storage fee when the motor Vehicle has been stored for an indef inite period' of tj.me and no.tlce is given- no sooiler than the t.hird day of possession. Your failure to redeem saj-d vehicle may result in a lien being processed on the vehicle. RITTER LIEN SALES, INC. 72609 VENICE BLVD. IJOS AI{GELES, CA 90066 CLATM FOR DAMAGES .IESERVE FOR F]LING STAiIP TO PERSON OR PBOPERTY INSTRUCTIONS 1. z 3. 4. 6. 6. 7. RECEiVED JAN 2 7 2015 CITY CLERK'S OFFICE Clalms br death, iniury lo gorixrn or to per€onal pr-oPerv-must b€ tiled not late' 6a;'5;o"ura aitai ttie o&unence. (Giov. code sec' 91 1'2) dfiffi 6;;i-i6; i6ie"t piopittv t'r8l be 'll€d not later than 1 vear afi€' tho occuronca (Gov. Code Sec' 91 1.2) Baed €ntlna cl8lm b€lors llllngl S;;-ffi;', 6;-aiafi; uporiwhlctr to locai€.place ol accidenL n':"H*l*ll:*l,,To'i#.0#.I"8"r'"3L0ffi ft ,'-r'u"EA.HsHEEr. clrlm rxrit be tll€d with cliy clerk (Go\'. codg ses 9154, TO: CITY OF VERNON CITY COUNCIL Mario Rojas you d€sire nollces or to be sent tegardlng this Law Offices of Peter A. Hosharian 1 '101 N Paciflcx tate Mr. Rojas was driving 2006 Nissan Sentra Eastbound on Slauson Avenue in Maywood, CA. Mr' Darren Vondell Gales sideswiped claimants' vehicle as he was being pursued by police officers, among them of Vernon Police Deparlment. w September 29,2014, around SPm on lev€rse Slauson and Downey in MaYwood, CA. @rlba f ully, and locsto on dl8 ilil;;t #;;nd address and moasutemenls lrom lsndmarks: OoGu ctatm caused th€ lnlury or damags? or damege, It knarn: Vernon PD's pursuit of suspect Darren Vondell Gales. or damsges claimsd: lnjuries- Lower back, upper back, neck, shoulders, left side of the body' etc' hE daim' glving blsir Gll computation: lnjuries- undetermined, claimant is still in treatment G compulatlon: lnsurance paym6nF rsceiv€d, il any, and namo of lnsulance Company: None. Name and and HosPilals: Witnesses- please see the enclosed police report. READ CABEFULLY For all accident clalms placE on tollowing diagram namss.of streels, includino Norlh, Eas! South, and west lndicate prace-ir-idio;-nr'dv- r cn? oistrowing house numbers or distances to strB6t cornerE ,c*vvehicr€wssrnvorve4oesuniaoii#1,H,#,'ffi"11J1"j,?lf,,"JlliJt:ii,fir"T,'[1,i3L'L,"*.iy""%iffi[8[:i ffif:ll:ifJ,l""JlliJi":?iilJ?il: or accrdenr bv"&1" and rh€ e?,;ii;itii+]l6ilf.::--. -' iroig rr oligr"r" do not ,it ths sltuatioG etlach h€rclo a proper diegram slgn€d by claimant' FOB AUTOMOBILE ACCIOENTSL L_.1 t_ 7n [7 FOR OTHEB ACCIDENTS on hls bshalt, givinq 1t23t2015Peter A. Hosharian, Esq. CLAIMS M Z"rt.d to be "-.l"cd * io thakclalm underoath. Pr.sontalion ols la6eclaim le a telony. F|LED wtrH crry CLERK (Gov. cooE sEc. 915a). CLAIM FOR DAMAGES RESERVE FOR FIL]NG STAilP TO PERSON OR PROPERTY CLAIM No.-- 1. 2. 3. 1. 5. 5. 7. INSTRUCTIONS Clalms lor death, iniury to p€rs{,n or to Persolnsl. pl(perry-must be 'iled not later t'han I monihs atter the o<runence. (Gor. Code Sec. 9l r'2) dffi;; il?iir"g;; id-reat piopertv mnst bc lll€d not lalsr than 1 vea' aft€t the occ{rtenca (G@. Code Sec' 911.2) nsad cnure-chlm b€lors llllmlil;-oail , tor Jraoram uporiwhlch lo locats Plac€ ol accidant n':#Utl[1]Tf,:l'T,i'Fl8"*l^i13"r'#i$iX3[li" srcN EA.H sHEEr' Clalm muil be fll6d with Clty Cl€rk (Oov. Code sac' 915e) RECEi\/ED JAN 2 7 2015 CITY CLERKS OFFICE To: CITY OF VERNON CITY COUNCIL Rosalva Saavedra to whlch you or communlcations to bo sent Law Offices of Peter A. Hosharian 1101 N Pacific Ave, Ste 200 Gleldale,. C4,91.202 HATiit oAMAGE ot INJUBY occuf Glve lull parllcularB Ms. Saavedra was a passanger in and owner of 2006 Nissan Sentra driven by Mr. Mario Rojas. Claimants were traveling Eastbound on Slauson Avenue in Maywood, CA. Mr. Darren Vondell Gales sideswiped their vehicle as he was being pursued by police officers, among them of Vernon Police Department. September 29, 20'14, around spm w-h;Fd'AEAMreE or INJUEY occu.? Doscrlbe tullv, and locats on dla ifri "ir""t names and addtess and mgasutemenls lrom landmark: Slauson and Downey in Maywood, CA. o, d.mae€, l, kno*ni Vernon PD's pursuit of suspect Darren Vondell Gales. ont ol iniurlos or damsges clalmed: Damage- left side of the 2006 Nissan Sentra lnjuries- Neck, lower back, both shoulders, etc. aooasoldat€olpf6sontstlonolthigdai0gMngb8giso.computa0on: Property Damage- over $4,000 in repairs, loss of use Bodily lnjuries- undetermined, claimant is still in treatment ciccountoleachltemolpIo3p6cllvolnluryo]dsmege,givlngbq.El8ol compulatlon: on r0verg6 Wt lnsurance paymonts rocolved, it any, and nam€ ol lnsurance Company: None. Witnesses- please see the enclosed police report. READ CAREFULLY For all accident clalms placs on tollowing diagram namas.ol stleeis, including Norlh, Easl South, and west lndicalo praci-iiiiiLint dv- x ani by showing house numbcrs or distances lo str66t cofnerE -,j:""j{igfi"*e";ffi:ll*:;,X,,"g;:dlfl:;;$li#"lii"J,'i,",l"JliiJt:ii,}#r1llf i""X,'1,"#-fv;P;i:::li:l3l yoursstt or your vehrcb ar rh€ urJiiiiii'ilit'6i"-ti;-;J th; eo.ilt of lrni""tll:1,-,---. iroig rr or"gr"r" do nol tit the situation, altach hereto a proper diagram slgn€d by claimant' FOB AUTOMOBTLE ACCIDENTS/) t_l L 7n FOR OTHEB ACCIDENTS gnatrre O Cnimant or p6r8on liling on hls bshall, Oiving relalionship lo Clalmanl:1t23t2015 6GmlneO as loihelr clalm und€r oalh. Presentation ols lalse claim Is a relony. Typed NamB: Peter A. Hosharian, Esq. CLAIMS wrTH ctTY CLERK (GOV. COOE SEC. 915a). MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 20, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez MEMBERS ABSENT: None The meeting was called to order at 9:03 a.m. by Mayor McCormick; Vernon Elementary School Student Nicholas Sanchez led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that there are no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No one responded. PRESENTATIONS 1. Personnel Matters - Service Pin Awards. December 2014 Anniversary Employee Name Job Title Years 1. Deborah Juarez Records Management Assistant 25 2. Carlos Gudino Senior Street Maintenance Worker 20 Director of Human Resources Teresa McAllister reported on the years of service. Mayor McCormick presented the service pin to Gudino. The Council recognized Juarez for her years of service as she was not in attendance. 2. Presentation of the 2015 Used Oil Calendar Awards to the Vernon Elementary School, and Sponsor recognition plaques. Chief Deputy Director of Health and Environmental Control Dave LeDuff provided the oral report and presentation. Mayor McCormick presented the awards to the student recipients and sponsors. 3. The California Highway Patrol (CHP) “10851” Grand Theft Auto Recovery Award presentation recognizing Officer Edward Hernandez. Police Chief Daniel Calleros reported on the “10851” award. CHP Captain Tim Tompkins presented the award to Officer Hernandez. At 9:27 a.m., Mayor McCormick called for a short recess. At 9:34 a.m., the City Council reconvened the meeting. CONSENT CALENDAR It was moved by Davis and seconded by Maisano to approve all matters listed under the Consent Calendar under one motion. Motion carried, 4-0. Regular City Council Meeting Minutes January 20, 2015 Page 2 of 7 Claims Against the City – Received and Filed 4. None Minutes – To be Received and Filed 5. Minutes of the Regular City Council Meeting held January 6, 2015. 6. Minutes of the Special City Council Meeting held January 8, 2015. Warrant Registers 7. Approval of City Payroll Warrant Register No. 703, totaling $2,968,905.96, which covers the period of December 1, through December 31, 2014, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $1,930,551.78; and b. Checks and electronic fund transfers totaling $1,038,354.18. 8. Approval of City Warrant Register No. 1416, totaling $1,330,304.83, which covers the period of December 23, 2014, through January 12, 2015, and consists of the following: a. Ratification of wire transfers totaling $1,011,906.46; and b. Ratification of the issuance of early checks totaling $159,262.57; and c. Authorization to issue pending checks totaling $159,135.80. 9. Approval of Light & Power Warrant Register No. 381, totaling $7,294,678.24, which covers the period of December 23, 2014, through January 12, 2015, and consists of the following: a. Ratification of wire transfers totaling $7,025,906.32; and b. Ratification of the issuance of early checks totaling $243,762.70; and c. Authorization to issue pending checks totaling $25,009.22. 10. Approval of Gas Warrant Register No. 169, totaling $1,934,155.14, which covers the period of December 23, 2014, through January 12, 2015, and consists of the following: a. Ratification of the issuance of early checks totaling $1,929,328.64; and b. Authorization to issue pending checks totaling $4,826.50. Fire Department 11. Activity Report for the period of December 16 through December 31, 2014, to be received and filed. Health and Environmental Control Department 12. December 2014 Monthly Report, to be received and filed. Human Resources Department 13. Approving and Authorizing the execution of a new At-Will Employment Agreement by and between the City of Vernon and Zaynah N. Moussa. Recommendation: (1) Find that approval of the proposed At-Will Employment 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 Regular City Council Meeting Minutes January 20, 2015 Page 3 of 7 (2) Approve the At-Will Employment Agreement (the “Agreement”) with Zaynah N. Moussa, in substantially the same form as submitted with the staff report, effective January 20, 2015. The proposed Agreement is the standard at-will employment agreement form approved by City Council for other executive positions and includes a few minor updates. Police Department 14. Activity Log and Statistical Summary of Arrests and Activities for the period of December 16, through December 31, 2014, to be received and filed. Public Works, Water and Development Services Department 15. Building Department Report for the month of December 2014, and the Annual Building Report for 2014, to be received and filed. 16. Bid Award for Contract No. CS-0522 to Furnish and Install One New 300KW Cummins Diesel Power Generator. Recommendation: (1) Find that the proposed project is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15302 (C), because the proposed project consists of the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and (2) Accept the bid from Cora Constructors, Inc., as the lowest responsive and responsible bidder and enter into a Labor and Materials Contract, in substantially the same form as submitted with the staff report, for an amount not to exceed $216,418.00, for Contract No. CS-0522 to Furnish and Install One New 300KW Cummins Diesel Power Generator. Furthermore, authorize a contingency in the amount of $35,000.00 in the event an unexpected changed condition in the project occurs and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. 17. Approve Quitclaim Deed and Fire Lane Easement at 2825 Santa Fe Avenue. Recommendation: (1) Find that the Quitclaim Deed and Fire Lane Easement are categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Accept the Quitclaim Deed and Fire Lane Easement and authorize the Mayor and Deputy City Clerk to execute said document. NEW BUSINESS City Clerk Department 18. Resolution No. 2015-03 - A Resolution of the City Council of the City of Vernon Rescinding the Submission of Ballot Measure N to the Voters of the City of Vernon as part of the General Municipal Election to be held on April 14, 2015, and Repealing Certain Subsections of Resolution No. 2015-02. Recommendation: (1) Find that approval of the resolution is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the resolution rescinding the submission of ballot Measure N to the voters of the City of Vernon, which proposed to amend Chapter 3.3 of Article III of the City Charter, as part of the General Municipal Election to be held on April 14, 2015. Regular City Council Meeting Minutes January 20, 2015 Page 4 of 7 Deputy City Clerk Ana Barcia reported on the recommendation to remove Measure N from the April 14, 2015 election ballot and noted Government Code 53227, advising that City staff is currently putting together relevant policies that would address this issue. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2015-03. Motion carried, 4-0. Gas and Electric Department 19. Renewable Portfolio Standard Annual Status Report for Calendar Year 2014. Recommendation: (1) Find that the approval requested is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Receive and acknowledge the annual Renewable Portfolio Standard (“RPS”) Report for Calendar Year 2014 as presented by the Vernon Gas & Electric Department. This report is for informational purposes only. There is no fiscal impact. Director of Gas and Electric Carlos Fandino conducted the oral report. With no questions of staff, it was moved by Davis and seconded by Martinez to receive and file the Renewable Portfolio Standard Annual Status Report for 2014. Motion carried, 4-0. 20. Approve the Usage of a Distinctive Logo for Vernon Gas & Electric. Recommendation: (1) Find that the proposed is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the implementation of a new logo design for Vernon Gas & Electric (VG&E), created to identify Vernon’s utility as a unique entity within the City of Vernon municipal service infrastructure. Director of Gas and Electric Carlos Fandino presented the proposed Department logo and the alternatives considered. The Council members each stated their preference. Senior Advisor to the City Administrator Fred MacFarlane advised that the full range of the logo’s application should be considered in the selection process. It was moved by Maisano and seconded by Davis to select and approve the proposed Vernon Gas and Electric logo and implementation. Motion carried, 4-0. Human Resources Department 21. Approval and Authorization to execute a Services Agreement by and between the City of Vernon and Athens Administrators. Recommendation: (1) Find that approval of a services agreement with Athens Administrators to administer the City’s self-insured workers compensation program is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. (2) Approve the services agreement and authorize the City Administrator’s execution of a three (3) year services agreement, in substantially the same form as submitted with the staff report, with Athens Administrators to provide third party administration services for the City’s self-insured workers compensation program. Regular City Council Meeting Minutes January 20, 2015 Page 5 of 7 Director of Human Resources Teresa McAllister reported on the recommendation to retain the services for third party workers’ compensation administrator. It was moved by Maisano and seconded by Davis to approve the service agreement with Athens Administrators. Motion carried, 4-0. Public Works, Water and Development Services Department 22. Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority. Recommendation: (1) Find that approval of the proposed agreement is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15301 (b), involving existing projects with negligible or no expansion of use beyond that existing at the lead agency’s determination; and (2) Approve the attached Subrecipient Agreement between the City of Vernon (“City”) and Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”), in substantially the same form as submitted with the staff report, and authorize the City Administrator to execute the agreement on behalf of the City. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed. It was moved by Maisano and seconded by Davis to approve the Subrecipient agreement with Los Angeles Gateway Region Integrated Regional Water Management Joint Power Authority. Motion carried, 4-0. ORAL REPORTS 23. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 24. City Council Reports – brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on recent incidents in the City. Police Captain Michael Gillman reported no vandalism since the last Council meeting. Fire Chief Michael Wilson reported on the Fire Department’s activity and upcoming CERTS training for the public and business community. Director of Public Works, Water and Development Services Kevin Wilson advised that a notice to customers was issued for the upcoming water rate adjustments. Public workshops on the proposed zoning ordinance changes are scheduled. Finance Director William Fox advised that progress is being made on the bond refunding efforts and that staff would have recommendations at the following Council meeting. Director of Human Resources Teresa McAllister advised that personnel recruitments are ongoing. Economic Development Manager and Successor Agency Staff Alex Kung announced that the next Oversight Board to the Successor Agency was going to be held on February 5, 2015. Kung also reported on the Recognized Obligation Payment Schedule. City Administrator Mark Whitworth announced that a City Clerk candidate has been selected and is scheduled to start February 9, 2015. Whitworth provided an update on city staff’s attendance to Congresswoman Roybal-Allard’s function. Regular City Council Meeting Minutes January 20, 2015 Page 6 of 7 Whitworth provided an update on the Vernon Village Park Apartments and announced that the Vernon Business and Industry Commission inaugural meeting would take place on February 12, 2015. NEW BUSINESS (Continued) 25. City Council Determination in the Grievance Appeal Process Regarding the City of Vernon Firemen’s Association Grievance of Article, Three, Section 7 of the 2012-2014 MOU – Merit Step Advancement. Recommendation: (1) Find that the staff report outlining the background of and staff’s recommendation to deny a grievance filed by the City of Vernon Firemen’s Association (“VFA”) is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Deny the grievance filed on behalf of the Vernon Firemen’s Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memorandum of Understanding between the VFA and the City. City Administrator Mark Whitworth reported on the item. Director of Human Resources Teresa McAllister presented a PowerPoint presentation and further reported on the background, timeline of facts/events, and factors considered by staff in its recommendation. Whitworth presented on the closing summary and staff’s recommendation to deny the grievance. Mayor McCormick inquired whether the Vernon Fireman’s Association (“VFA”) had any comments on the matter President of the VFA Dean Richens provided comments. He advised that the issue in question needs to be addressed, and that there should be proper wages for the work VFA members are doing. Firefighter/Paramedic Aaron Cass additionally spoke. He also urged the Council to address the employee’s needs and make VFA members whole for the period of time during which the step increases were frozen. Legal Counsel for the VFA Richard Levine distributed documents, documents which augment the grievance filed on this matter. Legal contentions and evidence were presented. Levine recommended the rejection of staff’s recommendation and adoption of a resolution granting the grievance. Mayor McCormick inquired whether there was any public comment on this item. No one responded; there were no questions to staff from Council. CLOSED SESSION At 10:58 a.m., the City Council enter into closed session to discuss the agendized item. 26. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 At 11:15 a.m., the City Council exited closed session. City Attorney Hema Patel announced that there is no reportable action. Regular City Council Meeting Minutes January 20, 2015 Page 7 of 7 Mayor McCormick directed staff to continue the determination in the Grievance Appeal Process Regarding the City of Vernon Firemen’s Association Grievance of Article, Three, Section 7 of the 2012-2014 MOU – Merit Step Advancement to the February 17, 2015, City Council meeting. The directive was moved by Davis and seconded by Maisano. Motion carried, 4-0. At 11:17 a.m., Mayor McCormick adjourned the meeting. ________________________ W. Michael McCormick Mayor ATTEST: _________________________ Ana Barcia Deputy City Clerk REGE[$/ED JAN 2 7 2015 CIIYCTERI('S (ITRCE @#otn*n POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 587-5171 Fax (323) 826-1.487 January 20,2015 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from l2:0t a.m., January l, 2015 up to and including midnight of January 1 5, 2015. Respectfully submitted, VERI\ON POLICE DEPARTMENT // . r /;l,/ft,r.,-llJa'rtu| L- DANIEL CALLEROS CHIEF OF POLICE RECE;VED JAN 2 0 ?015 CITY ADMiNISTRATION fatttsive$ Infitstriaf DCldr VERIYON POLI CE D EPARTMEIYT D epartment Activity Report Jurisdiction' vERNoN First Date: o1to1t2o1s Last Dute: 01t1stzo1s Department Complaint Type Description All Units Primary Unit VPD 10-6 1 0-96H 1 0-96M 140 20002 20002R 21 tS 242R 245R 314 4',t5 4',!7 422R 459A 459R 459S 459V 45gVR 476R 484 484R 487R 586 594 594R 602 647F 901 9017 9027 902TR 909C 9097 911 92OPR 925 A459R ASryFD BOSIG BOVEH CITCK CIVIL coP DET DETAIL DPTAST DUI FILING oFFrcER ts 10-6 c7,961,962,10-10, WASH, EQUTPI\ PICK UP THE JAIL PAPER WORK FROM HP JAIL 10-96 MARY (MAIL DETAIL) SUPPLEMENTAL REPORT NON-INJURY HIT AND RUN NON-INJURY HIT AND RUN REPORT SILENT ROBBERY ALARM BATTERY REPORT ASSAULTWITH A DEADLY WEAPON REPORT INDECENT EXPOSURE DISTURBING THE PEACE BRANDISHING A WEAPON TERRORIST THREATS REPORT AUDIBLE BURGLARY ALARM BURGLARY REPORT SILENT BURGLARY ALARM BURGLARY TO A VEHICLE BURGLARY TO A VEHICLE REPORT FRAUD REPORT PETTY THEFT PETTY THEFT REPORT GMND THEFT REPORT PARKING PROBLEM VANDALISM VANDALISM REPORT TRESPASS DRUNK IN PUBLIC UNKNOWN INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION NON-INJURY TRAFFIC COLLISION NON-INJURY TRAFFIC COLLISION REPORT TRAFFIC CONTROL TRAFFIC HAZARD 911 MISUSE / HANGUP LOST PROPERTY REPORT SUSPICIOUS CIRCUMSTANCES ATTEMPT BURGLARY REPORT ASSIST VERNON FIRE DEPARTMENT BROKEN SIGNAL OR LIGHT BROKEN DOWN VEHICLE CITATION CHECK CIVIL MATTER COP DETAIL DETECTIVE INVESTIGATION DETAIL DEPARTMENTAL ASSIST DRIVING UNDER THE INFLUENCE OFFICER IS 10-6 REPORT WRITING 10 1 4 5 6 7 8 1 5 3 25 7 2 52 1 6 3 5 2 19 8 7 13 3 9 21 3 3 6 48 2 6 2 4 2 26 1 17 3 7 7 7 3 10 2 6 6 30 105 I 4 J 3 5 2 I 2 2 9 2 2 73 I 2 I 3 I J 4 4 t2 I 5 6 I I 4 23 2 J 2 2 I 9 I l0 2 5 7 5 2 6 2 ) 4 27 01/1il2015 05:09:05 Page of VERNON POLICE DEPARTMENT D ep artment Activity Report Jurisdiction' vERNoN FirstDote: o1to1l2o'ts Last Date: o1t1st2o'ts Department Complaint Type Description All Unils Primary Unit VPD FU GTAR HBC ID THEFT RPT ILLDPG K9 TRAINING LOCATE LPR MR6O PANIC ALARM PAPD PATCK PEDCK PRSTRAN REC RECKLESS DF REPO RR SEAACA SPEED TRAFFIC STOI UNATTACHED VCK VEH RELEASE WARRANT WELCK FOLLOW UP GRAND THEFT AUTO REPORT HAILED BY A CITIZEN IDENTIry THEFT REPORT ILLEGAL DUMPING K9 TRAINING REMINDER. OBTAIN LOCATION LOCATED VERNON STOLEN VEHICLE LICENSE PLATE READER MISC REPORT PANIC ALARM/DURESS ALARM PUBLIC ASSIST.POLICE PATROL CHECK PEDESTRIAN CHECK PRISONER TRANSPORTED RECOVERED STOLEN VEHICLE RECKLESS DRIVING (231 03) REPOSSESSION RAIL ROAD PROBLEM SEMCAANIMAL CALLS SPEED CONTEST OR SPEEDING (23109) TMFFIC STOP UNATTACHED TRAILER VEHICLE CHECK VEHICLE RELEASE WARRANTARREST WELFARE CHECK 26 4 2 1 1 1 1 10 1 b 17 62 67 9 2 6 2 1 2 5 288 3 86 21 2 8 l9 J I I I I I 4 I 2 9 48 34 7 2 4 2 I I 2 203 2 56 l8 2 5 Department:1268 807 Overall:1268 807 01/16/2015 05:09:05 Page of VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 01/15/15 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 Traffic Hazard CITATIONS Citations Iss (Prisoner Release) Citations Iss (Moving) Citations Iss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BY ARREST AR15-001 CR150002 459 PC AR15-003 CR150010 11377 HS ARls-006 CRI50036 245(AX1) PC AR15-007 CP.142208 459 PC ARl5-009 CRl50061 484PC AR15-01I CR150071 11377 HS ARl5-012 CRI50072 594PC ARl5-013 CRl50073 459 PC ARl5-014 CRl50087 11364 HS PROPERTY RECOVERED VEHICLES: $44,500.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: $500.00 NO. 10 J 7 I I I il 56 13 2 7 122 t7 r39 52 70 VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 01/15/15 MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON 1 1 BURGLARY 3 3 CRIMINAL THREATS DOMESIIC VIOLENCE GRAND THEFT IDENTITY THEFT POSS, CONTROLLED SUBS.2 2 POSS. SIOLEN PROPERTY RAPE ROBBERY VEHICULAR MANSLAUGHTER VEHICLE THEFT TOTAL FELONY ARRESTS 6 0 6 MALE FEMALE TOTAL BATTERY CRIMINAL THREATS DRIVING UNDER THE INFLUENCE 1 1 FALSE INFO TO PEACE OFFICER PETTY THEFT 1 1 POSS. NARC. PAMPHERNAUA 2 z RESISTING ARREST TRESPASSING VANDALISM 1 1 WARMNTS (BENCHTTRFC)3 3 WARMNTS (FOREIGN)1 1 TOTAL MISD. ARRESTS 9 o 9 MALE FEMALE TOTAL BURGLARY PETTY THEFT POSS. STOLEN PROPERTY VANDALISM VEHICLE THEFT TOTAT JUVENILES DET.0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL ]UVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED ]UVENILES (FELONY AND MISDEMEANOR) TO DATE:15 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Fbst Dale: o'to1t2o'ts Jurisdiclion: vERNoN Last Dale: o'ttolt2ols Call Number Disp Ten Received Code Complaint Caller Address anit Time Dep Officer Unit DisDatch Enroule OnScene DeDorl Afiive Remove ComD 2015010000r VREC 0'l/01/2015 00:08:33 REC 20150100021 sEVTLLEAV//FRUIrIANDAv.vERNoN D6yaftment Sfir\t#!"' 3#r"19566" VPD ZOZAYA.OSCAR *111 00:08:35 Department OCA Numbet RMS JutisvPD CR20150002 CA0'197300 1015 RPT O1lO1l2O15 1OtO7:32 PEDCK E 27TH // SANTA FE AV. VERNON VPO ZAPIEN,DAVID '2S2 VPD MADRIGAL.MARII2LIl 00:34:42 13:4'l:44 '13:00i4'1 10:07:33 10:16:19 VPD CERDA.EUGENIO2LI2 10:07:37 10:07,37 10:09:29 VPD DOCHERTY.MICMLS 10:10:47 10:'11:45 10:'14:59 10:57:35 10:57:33 11:48:02 20150t 00022 RPT 0110112015 10:4032 WE TEXT|LE 459R '410 ALCOA AV. VERNON Deoa men OCA Number RMS JutisvPD CR20150003 CA0197300 VPD MADRIGAL.I\,AR|I*2L11 10:58:08 10:58:08 11:05:28 01n2i2015 02:(D:01 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: oltozt2o'ts Iurisdiction' vERNoN Last Date: oiloa2olre Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150100054 Vt 0110212015 00:25:41 ctrE TRAFFIC STOP S SANTA FE AV // 53D, VERNON VPD HERRERA.GUSTI*1L2 VPD LANDA,RAFAEL 111 VPD VALENZUELA.FEIl L3 VPD HERRERA,GUSTI-112 VPD VALENZUELA,FEIlL3 Depsrtmeru OCA Number RMS JurisvPD CR20150004 CA0197300 OO:25:41 00:25:43 00:27:36 00:27:38 12:1'l:57 11:58:56 12:47:10 O1:OO:12 01 :00:12 04:44:25 04:44:26 12:42:'19 12:58:05 18:58:37 20150t00059 O1!O22O15 O2'42:1g RPT 02:42:19 02:42:22 O2:54:10 Departmeru OCA Number RMS JurisvPD CR20150006 CA0197300 201s0100073RpT 0110212015 10:33:39 CITY 9027 20150100076 RPT 4501 S SANTA FE AV. VERNON VPD VELASQUEZ,Rrcf2llz 10:36:13 10:36:14 10:41:48 VPD ESCOBEDO,ALE}2111 VPD RODRIGUEZ.FER252 0'110212015 11'.54:52 VERTZON WTRELESS 800 451 5242 4 1830 E 65TH, LOS ANGELES VPD MADRIGAL,MARIf2LS E 51ST // SANTA FE AV, VERNON VPD MADRIGAL,MARIf2LB 11:56:34 11:56:34 12:'11:00 1O:40:52 1211:55 DeDartmem OCA Number RMS JurisvPD CR20150007 CA0197300 VPD ESCOBEDO,ALE}2111 20150100087 RpT 01lO2l2O'15 16:26:06 HP TOW YARD 11:58:59 Department OCA Number RMS JurisvPD CR20150008 CA0197300'16:26:06 '16:36:53 20150100102 01/05/2015 08:tl4:1t FU Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: o1to2t2o1s Last Date: o1to2t2o1s Call Number Disp Ten Received Code Complaint Caller Address Dep Officer Unit Time RPT 1015 01lO2l2O15 22:13:14 WARRANT Enroute OnScene DeDufimeru OCA NumbervPD CR20150009 22'.35:52 Remove Comp 23:17:39 RMS Juris cA0197300 .I681 N EASTERN AVE. LOS ANGELES VPD LANDA,RAFAEL "1L3 22:14:36 01/05/2015 08:44:1t Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's FirstDate: o'tto3t2o1s Jurisdiction' vERNoN Last Date: o1to3t2o1s Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Deport Arrive Remove Comp 20150t00137 ASST 01/03,2015 14:24i08 TRADE CAL RPT 140 2820 LEONTS BL. VERNON VPD VILLEGAS.RICIIA'2L9 14:25.20 14t25:21 14:35:25 15100:06 VPD VEIASQUEZ.RICI2L11 14133:21 14:351E 15:00:05 20t50100166 1O1S 0110312015 23:58:06 RPT vcK 3278E26TH. VERNON VPD LANDA,RAFAEL *1L12 VPD HERNANDEZ.MIGILl 1 VPD SWINFORD,PHILtlLS 01:05:34 Departmeru OCA Number RMS JurisvPD CR20't50010 cA0197300 23:58:06 00:39:37 23:58:49 00:01:58 00:55:35 00:55:37 01/04/2015 05:02:21 Page 1 of 1 VERNON POLICE DEPARTMENT Coll Log Report Type All Unit Times ond Location with OCA's First Date: o1to4t2o1s furisdiction' vERNoN Last Date: o1to4t2o1s Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Oflicer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150100179 1015 O1lO4l2O15 1 0:01 :35 PEDCK 24THI/SANTA FE. VERNON VPD REYNA,JOSE S -2L1 1 VPD VILLEGAS,RICHA2L12 VPD VEtASQUEZ.RIC12L9 20t50r00r84 RPT 0110412015 13:00:56 EZ STTTCH GTAR 4905 S SANTA FE AV. VERNON VPD VELASQUEZ,RICF2L9 13:02:08 13:02:38 VPD VILLEGAS.RICHA2L12 3770 WASHINGTON, VERNON VPD HERNANDEZ.MIG-1111 VPD HERRERA.GUSTIlLlO VPD ZOZAYA.OSCAR 1112 VPD SWINFORD,PHILIlL9 10:01 :35 10:02:01 10:02:03 22:09:42 22:21:06 22:09:49 DeDarlmeru OCA Number RMS JurisvPD CR20150011 CA0197300 11'.24'.03 1O:37'.41 '10:36:53 13:03:05 13:36:56 21:58:51 21:58:51 21:29:32 21:39:36 22:34:47 22:09:51 22:34:47 22.20:55 201s0r00200 RpT 0110412015 21:22:37 C;TE 594R CITY 1 3:03:2'l 13:08:58 Depsrlment OCA Number RMS JurisvPD CR20150012 CA0197300 21:22:37 21:23:23 21:29:26 21:24:59 21 29:28 21:22:52 21:23:26 20150100206 RpT O1lO4l2O15 22:09:39 9O2T 4620 SEVILLE AV. VERNON VPD HERNANDEZ,MIG-l111 VPD ZOZAYA.OSCAR 1112 VPD SWINFORD.PHILIlL9 Department OCA Number RMS JurisvPD CR201s00't3 CA0197300 22:09:39 01/05/2015 02:23:3(Page 1 of I VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times ond Location with OCA's Jurisdiction' vERNoN First Date: oltosl2o'ls Last Date: o1tost2o15 Call Number Disp Ten Code Caller Address Deo Oflicer Received Complaint Unit Time 20rs0100216 RPT 1L1O SRVD VI CITE 0110512015 01:08:03 TMFFIC STOP 0'110512015 02:06:46 TRAFFIC STOP 0110512015 07:43:55 TRAFFIC STOP 01105120'15 08:17:45 TRAFFIC STOP 0110512015 10:1 1 :53 487R Enroute DeDartment VPD 01:08:03 01 :08:'12 01 :09:42 DeDartment VPD 02:06:46 02:07:06 02:09:56 OCA Number cR201500'14 Remove RMS Juris cA0197300 RMS Juris cAo1 97300 RMS Juris cA0197300 RMS Juris cAo197300 RMS Juris cA0197300 'l 1 :1 0:53 SLAUSON AV // MAYWOOD AV, VERNON 2015010022r RPT VI CITE 20150100237 VI CITE RPT 2015010024r VI CITE RPT 20150100253 RPT VPD HERRERA,GUSTI*1110 VPD SWINFORD.PHILtlL9 29OO S SANTA FE AV, VERNON VPD HERRERA,GUSTI-1L10 VPD ZOZAYA.OSCAR 1112 E 49TH // SANTA FE AV, VERNON GAYTAN.LORENZ*2111 PACIFIC BL // 46TH. VERNON GAYTAN.LORENZ-2111 2150 E 37TH. VERNON VPD VELASQUEZ.RICY2LI2 VPD REYNA,JOSE S 218 OCA Number cR201 5001 5 DeDarlmeru OCA NumbervPD CR20150016 07:43:55 DeDarlmeru OCA NumbervPD CR20150017 08'.17:45 Deportmenr OCA NumbervPD CR20150018 1 0:1 1 :53 10: l9:58 01'.40'.14 01:40:15 02:47:OB 02:47:09 08:09:16 08:41 :58 01/06/2015 04:53:55 Page 1 1 :'l 5:31 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: oltost2o'ts Jurisdiction' vERNoN Last Date: o'uoy2ols Coll Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depurt Arrive Remove Comp 20r50r0025, RpT 01/052015 10:53i2E CITE TRAFFIC STOP MILES // RANDOIPH' VERNON DEDA,IMCN (rcA NUMbEI RMSJA SvPD CR20150019 CA0197300 VPD GAYTAN.LORENZ-2111 20150100262 RpT 0110512015 'l 1:49:16 C;TE TMFFIC STOP STATE /i SLAUSON AV AV, VERNON VI VPD GAYTAN.LORENZ*2111 20150100267 RPT 0110512015 13:25:38 NEW CROWN WHOELSALE ASST 459VR 2455 E VERNON AV, VERNON VPD VELASOUEZ.RrcT2Ll2 VPD REYNA.JOSE S 218 '10:53:28 Departmeru OCA Number RMS JurisvPD CR20150020 CA0197300 1 1 :49:'16 DeDartmeru OCA Number RMS JurisvPD CR20150021 CA0'197300'13:28:31 13:35:43 13:29:53 DeDartmeru OCA Number RMS JurisvPD CR20150022 CA0197300 13:57:33 11:21:06 12:29:21 13:45:28 13:45:28 14:25:04 201s0100268 RPT VI CITE 20rs0r00285 RPT VI CITE 0110512015 13:57:33 TRAFFIC STOP E sOTH // DOWNEY RD, VERNON VPD GAYTAN,LORENZ"2LIl 0110512015 16:35:15 TRAFFIC srop FRUILAND AV // EVERETT cr, vERNoN DeDartmem ocA Number RMS JurisvPD CR201s0023 CA0197300 17:03.22 01/06/2015 (N:53:5! VPD GAYTAN.LOREN2-2111 16:35:15 Page 2 of 2 VERNON POLICE DEPARTMENT Cull Log Report Type All Unit Times and Location with OCA's Fircl Date: ol/06/201s Jurisdiction: vERNoN Last Dale: 01/06/2015 Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer llnit DisDatch Enruute Onscene Deparl f11!1e Remove Comp 20150r00309 CITE VI RPT SRVD 20150t00312 VI CITE RPT 01/06/2015 07:43:30 TRAFFIC STOP E 55TH // SANTA FE AV. VERNON VPD GAYTAN.LOREN?2112 0'l/06/2015 08:06:38 TMFFIC STOP BANDIN' BL // DOWNEY RD, VERNON VPD NEWTON.TODD 'M1 VPD GAYTAN,LORENz2Ll2 VPO VELASQUEZ,RICi2L8 01/06/2015 09i18:44 OZOO tNC 459VR 4662 E 49TH. VERNON VPD REYNA,JOSE S '2111 01/06/2015 09:48:28 TRAFFIC STOP ,1461 S SANTA FE AV, VERNON VPD GAYTAN LORENZ2L12 01/06/2015 10:57:18 VCK 4533 PACIFIC BL, VERNON VPD MYTAN.LOREN2'2112 Departmenl OCA Numbq RMS JurisvPD CR20150024 cA0197300 07:43:30 Deoartmen OCA Number RMS JurisvPD CR20150025 CA0197300 08:08:25 08:06:38 08:09:14 08:13:5'l 08:14:03 08:29:30 08i29:30 08:15:14 201s0100318 RPT 20r 50r 00319 CITE VI 20t 50t 00329 CITE VI 201s0100332 CITE VI DeDartmen OCA Number RMS JurisvPD CR20150026 CA0197300 09:22:54 09;26:01 DeDa meru OCA Number RMS .IutisvPD CR20150027 CA0197300 09:48:28 DeDa mem OCA Number RMS JutisvPD CR20150028 CA0'197300 10:57:18 DeDartme oCA Number RMS JutisvPD CR20150029 CA0197300 101325 10t2457 11 i30:26 01/06/2015 '11:30:'10 TRAFFIC STOP 01/07/2015 00:47:14 PACIFIC BL // FRUITLAND AV. VERNON Page 1 of 3 VERNON POLICE DEPARTMENT Coll Log Report Type All Unit Times and Location with OCA's First Date: oltolt2ols Jurisdiction' vERNoN Last Date: o1/06/201s Call Number Disp Ten Received Code Complaint Coller Address Unit Time Dep Oflicer lLnit Dispatch Enroute Onscene Deoart Anive Remove Como 20t50t0032 0l/06/2015 11'3Orl0 ;; ' rRAFFrc srop pAcrFrc BL // FRUTTIAND Av. vERNoN W"--' W"fl,W" gll{;# VPD GAYTAN.LORENZ2LI2 ll:30:30 11j55:52 20150100L9 VPD REYNA.JOSE S -2L1 1 13:15:00 13:15:01 13:32:13 VPD GAYTAN,LORENZ2L12 VPD NEWTON.TODD M1 20150100340 C;TE 01/06/2015 13:13:46 VS VCK 20150100348 C;TE 0110612015 15:28:30 vt TMFFIC STOP STATE // SLAUSON. VERNON VPD GAYTAN.LORENZ-2L12 20150100353 VREC 01/06/2015 't6:13'.52 LOCATE 20150100355 C;TE O1lOOl2O15 17:15'.58 Vt TRAFFIC STOP E 38TH // SANTA FE AV' VERNON VPD GAYTAN.LORENZ*2I12 20150100356 NRD 01/06/2015 '13:12:15 ASST 245R VOID 4501 DOWNEY RD. VERNON FRUITLAND AV // SOTO. VERNON VPD GAYTAN,LORENZ-2112 1566 RIO VISTA AVE. LOS ANGELES VPD RECORDS BURE/-RECD DeDortmem OCA Number RMS JurisvPD CR20150031 CA0197300 14:23:56 14:23:58 Deparlmeru OCA Number RMS JurisvPD cR20150030 cA0197300 13:13:46 DeDortmem OCA Number RMS JurisvPD cR20150032 cA0197300 15:28:30 16:21 .24 DeDartmeru OCA Number RMS JurisvPD CR20150033 CA0197300 1 7:1 5:59 14.54:13 14:54'.16 15:09:53 13:37'48 15:56:43 16:31 :33 17:4O:12 01/07/2015 00:47:1i Page 2 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times und Location with OCA's First Date: o1to6t2o1s Jurisdiction' vERNoN Last Date: oltoltzols Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150r003s6 C;TE 0110O12015 1826:14 S;R;USXM CVS TELEMATTCS CALL CTR VI NRD NX S SANTA FE AV // 28TH. VERNON DeDurtmen OCA Number RMS JurisvPD CR20150034 CA0197300 VPD GAYTAN.LORENZ*2L1Z 18'.27:21 18:27:22 18:28:44 VPD REYNA,JOSE S 2L1 1 1 8:28:01 1 8:28:01 18:32:30 VPD NEWTON,TODD M1 't 9:03:28 22:42:00 23:O828 19:06:55 19:06:55 22:57:34 20ls0r 00369 j O15 0110612015 21:38:54 20150100371 RPT 18:28:08 18:29:08 DeDsrtment OCA Number RMS JurkvPD CR20150035 cA0197300 21'.38'.54 21:38:57 21:4'l:28 TMFFIC STOP SANTA FE II 15TH, VERNON VPD ZOZAYA.OSCAR -118 VPD HERNANDEZ,EDVlLll 01/06/2015 22:42:18 245R E 46TH // SOTO. VERNON VPD STEVENSON,KET-K91 VPD HERNANDEZ.EDVILll Depurtmeru OCA Number RMS JurisvPD CR20150036 CA0197300 22:42:58 22:43:12 22:47:47 01/07/2015 00:47:13 Page 3 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Locstion with OCA's Jurisdiction: vERNoN First Date: o1lo7l2o15 Last Dste: olto7t2o1s Call Number Disp Ten Code Caller Address Dep Officer Received ComDlaint Unil Time 201501003EE REPO 0110712015 07:33.29 REPO 2622 S ALAMEDA. VERNON VPD RECORDS BURE/RECD 0110712015 07:52:44 TRAFFIC STOP SANTA FE AV // STAUSON AV AV AV. VERNON VPD GAYTAN,LOREN2'219 O1lO7D015 07:57:49 FU '408 WEXMM WAY. INGLEWOOD VPD ENCINAS.ANTHO'sD35 VPO MARTINEZ.GABR5D3l Enroate OnScene DeDartmen OCA NumbervPD CR20150037 07:U:32 DeDarlmen OCA NumbetvPD CR20150038 07:52'.44 Ative Remove RMS Jais cA0197300 RMS Juris cAo197300 07:49:31 10:23:50 20150100389 VI SRVD CITE RPT 201s0100390 1015 RPT 20150100396 1015 20150100400 RPT 20t 50100406 0110712015 1002:44 FU o11o712015 11:35:49 487R 10:03116 l0:02:48 10:03:10 DeDartment VPD 11:38:17 11:51:37 11:38:55 11:39:27 OCA Numhet cR20150039 08:46:43 10:03:09 RMS Juris c40197300 12:0627 07 57:49 08:33:34 4849 CIVIC CENTER, VERNON VPD ONOPA,DANIEL -5D34 VPD MARTINEZ.GABR5D3l JARED STATION 8 2035 E 46TH. VERNON VPD NEWTON.TODD -2110 VPD VANOVER.DONAIKg2 11:46:23 11:46:22 01/08/2015 05:03:0(Page of 12:07:20 V-ERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Locstion with OCA's First Date: o1tozlzo1s Jurisdiction' vERNoN Last Date: o1to7l2o15 Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Oflicer llnit Dispatch Enroute OnScene Depart Arrive Remove Comp 201sor 00406vt o1n7/2o15 12:50:16 crrE rRAFFrc srop sLAUsoN Av// HoLMEs. vERNoN 3K'*"^ ffiljffii" Yi"!rt# RPT VPD GAYTAN.LOREN2"2L9 12.50'16 201s0100407 1 098 0'l lO7 12015 1 3:1 6:00 RPT FU 20r50r00408 C;TE O11O7t2015 13:24'.07 VS VCK RPT 2600 E 28TH, VERNON VPD ENCINAS,ANTHO-5D35 FRUITLAND AV // SOTO. VERNON VPD GAYTAN,LOREN2-219 13:16:00 Deqortmeru OCA Number RMS JurisvPD CR20150041 CA0197300 13:24:07 13:49:36 13:19:21 13:32:38 18:40:55 2015010Mr7 O1IO72O15 15:42:43 ;;'' TMFFIC sroP E DlsrRlcr BL // DowNEY BD vEn''^" D'oa ,,,'nt ocA Nu'nber RMSJatuvPD CR20150042 CA0197300 VPD GAYTAN,LOREN?2Lg 15:19:37 15:42:43 16:21:00 vPD VANoVER.DONAIKS2 16:-20l.15 16120:37 2015010042t Departmeru OCA Number RMS JurisvPD cR20150043 CA0197300 17:5'l :06 C1TE 01107120'15 17:50:56 vt TRAFFIC STOP E 57TH // ANDERSON, VERNON VPD GAYTAN,LORENZ-219 01/08/2015 05:03:0(Page 2 of 2 t )ltft tr*I rtlEtstfrtfiIre VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Firct Dale: 01/08/2015 Jurisdiction: vERNoN Last Date: o oat2o15 Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Oflicer Unit Disqatch Enroute OnScene Deparl Anive Remove Comp 201s010044t 1015 RPT 20150t00445 CITE VI RPT 01lOBl2O15 OO:17:23 WARRANT 54TH // MALAMR. HUNTINGTON PARK VPD VALENZUELA,FETl Ll O1IOBDO1' 01:21:46 TRAFFIC STOP VPD HERRERA,GUSTl*1L2 VPD STEVENSON.KENKg1 Ul0al2015 04,13.47 TRAFFIC STOP Departmcu OCANumber RMS JurisvPD CR20150045 CA0'197300 00:17:38 00:19:58 01:2'l:46 0122:20 Deoartmeru OCA Numbu RMS JutisvPD CR20150&7 CA0197300 04:13:48 01:13:36 MALBURGWywAy//sLAUSoNAV,vERNoN }1lDannent g|fiilt#!* Sgfrit6'.' 01:55:00 0'l:55i00 201flt004/7 RPT CITE VI S SOTO // sOTH. VERNON VPD HERRERA.GUSTI',112 VPD VALENZUELA,FEIl Ll O1|OBDO1, 07:14:15 TMFFIC STOP E 37TH // SOTO. VERNON VPD GAYTAN,LORENZ2L1 O OllOBl2O15 07:47:30 TMFFIC STOP E 37TH // SOTO. VERNON VPD GAYTAN.LOREN}2110 04:13:59 0414:22 04:51:45 07:43:56 08:15:58 20150t00455 VI CITE RPT 20 r50100456 VI CITE RPT 20150100458 Depa meru OCA Number RMS JurisvPD CR20150048 CA0197300 07:14:15 DeDarlmen OCA Number RMS JurisvPD CR20150049 CA0197300 07 47 t3O 01/09/2015 01:52:21 Page 1 of 4 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: oltogt2ols Jurisdictioni vERNoN Last Date: o'tloglzo1l Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Como 20150100458 C|TE 01/08/2015 08:18:35 v raaFFrc srop E vERNoN av// HAWTHoRNE AV. vERNoN 3;,;^"^ orffill$* *d"Ir1tr RPT VPD GAYTAN.LORENT2LlO 08:18:35 201$100466vt 0110812015 10:24:24 crrE rRAFFrc srop ExolANGE Av// DowNEy Ro, vERNoN l#dt,'t't't MM!* Xf,,"!itr VPD GAYTAN.LORENZ*2L10 08:50:10 1O:54:32 11:21:16 '11:44:43 12:26:06 201s0100468C;TE 0110812015 10:57:50 VI RPT 20r50100471 VCK C1TE 0110812015 11:22'.21 VI VCK RPT 20150100473 RpT 0110812015 11'.48'.14 9017 E 48TH // LOMA VISTA AV. VERNON VPD GAYTAN,LORENZ2LlO E 48TH // CORONAAV. VERNON VPD GAYTAN,LORENT2LlO 3810 S SANTA FE AV. VERNON VPD CERDA.EUGENIO-219 10:24:28 Depurtmeru OCA Number RMS lurisvPD CR20150052 CA0197300 10:57:50 DeDartmeru OCA Number RMS JurisvPD CR20150053 CA0197300 11 22:21 Departmeru OCA Number RMS JurisvPD CR20150054 CA0't97300 1'l:49:02 11:52:01 20150100475 RpT 0l/08/20i5 ,2:19:03 ctrE TRAFFTC STOP FRU|TLAND AV // SOTO. VERNON DeDanlD'e OCA Nah'ber RMS JurbvPD CR20150055 C40197300 01/09/2015 01:52:21 Page 2 of 4 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 01/08/2015 Jurisdiction: vERNoN Last Dale: o1/08/20'ls Call Number Disp Ten Received Code Complainl Caller Address Unit Time Deo Officer Unit DisDatch Enroute OnScene DeDa Anive Remove Comp 20150100475 RPT CITE VI 20t50t004E0 VS CITE RPT 20t50100490 RPT 20150100496 RPT CITE VI 201s0100s0r RPT VS 01/0812015 12:19:03 TRAFFIC STOP FRUITLAND AV // SOTO. VERNON VPD GAYTAN,LOREN}2110 DeDartment OCA Numbq RMS JurisvPD CR20150055 CA0197300 12:19:03 DeDa mem OCA Number RMS JurisvPD CR20'rs0056 CA0197300 13r06:33 Depa ment OCA Numbq RMS JurisvPD CR20150057 CA0197300 15:40:31 Deoartmeru OCA Numbq RMS JurisvPD CR20150058 CA0197300 '17:09:58 0110812015 13:02:32 YAEGAK| CORP 17:32:56 20:3258 12:4301 13132:21 16:13:02 20:37:59 00:46:29 E 48TH // ALAMEDA, VERNON VPD GAYTAN.LORENZ2L,IO OllOBl2O15 15:40:14 PAPD 3O9O E sOTH. VERNON VPD MOSCOSO.CHRIS-2STOF O1lOgl2O15 17:09:57 TMFFIC STOP PACIFIC BL // SANTA FE AV. VERNON VPD GAYTAN.LORENZ2L1O 01/08/2015 19:02:08 9017 4060 E 25TH VERNON VPD VALENZUELA.FETI Ll l 19:02:29 19:02:51 19:'i'l:59 Deps ment OCA Numbq RMS JurisvPD CR20150059 C40197300 20150100516 VI RPT VPD STEVENSON.KENKgl O1lOBl2015 23:52:05 UNATTACHEDTR E 57TH // 2ND. VERNON 19:11:57 Depart neru OCA Number RMS JatisvPD CR20150060 CA0197300 23:52:05 01/09/2015 01:52:21 VPD LANDA.RAFAEL '1112 Page 3 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: oltogt2ols Last Date: o1lo8t2o1s Call Number Disp Ten Received Code Complaint Caller Address Ilnit Timc E 57TH // 2ND. VERNON VPD HERRERA.GUSTIILlO Enroute OnScene Deport DeDarlment VPD 00:01:48 00:20:49 OCA Number cR20150060 00:46:29 01/09/2015 01:52:21 Page 4 of 4 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: vERNoN First Date: oltost2ols Last Dole: 01/09/2015 Call Number Disp Ten Received Code Complainl Caller Address Officer an Time 20150t 0052r 1015 RPT 20150100525 RPT 240,I E 27TH. VERNON DOCHERTY.MICFTl L9 HERRERA.GUSTI,I L1O VALENZUELA.FEIl Ll 1 LANDA,RAFAEL 1112 ESTRADA,IGNAC 1S1 SANTOS,DANIEL 1XS1 VASQUEZ,LUIS 128 STEVENSON.KEi.KgI VIE DE FMNCE BAKERY 3022 E sOTH. VERNON LANDA,RAFAEL 1112 VALENZUELA.FEIl L,I l STRATEGIC MATERIALS 3211 E 26TH. VERNON VANOVER,DONATK92 CERDA.EUGENI02Ll l OCA Number cR20150061 OCA Numbet cR20't50062 OCA Number cR20150064 RMS Juris c40197300 o2,24.U 20rs0100522 VI CITE RPT 01/09/2015 03:03:'16 TMFFIC STOP 01/09/20'15 06:21:31 92OPR 01/09/20'15 08:38:49 594R 02:51 41 01:56:17 RMS Jutis cAo197300 RMS Juris cAo197300 06:23:26 06:53:21 RMS Juris cA0197300 S SANTA FE AV // 54TH. VERNON VPD HERRERA,GUSTT1 Ll O VPD DOCHERTY.MICH,l L9 VPD VPD VPD VPD VPD VPD VPD VPD 01:55:16 01:55:29 0622:40 03:03:39 03:03:39 03:03r39 03:03:39 03;03:40 03r03:40 03:03:40 Ewoule OnScene DeDartment VPD 01:55:32 01:58i35 02:04:50 01:56:33 01:58154 01:58:31 02:17:39 02:04:16 01:57:48 01:57:57 0'l:55:38 01:58:59 DeDa ment VPD 03:03:18 03:04:30 03:07:24 Arrive Remove Depa meru OCA NumbervPD CR20150053 06:27:56 03:42:27 03:42'.27 10:08:48 10r08:47 20150t 00531 RPT 20r 50r 00538 06:23:03 06:23:25 DeDarlment VPD 08:43:18 08:53:35 VPD VPO VPD VPD 01/10/2015 00:32:01 08:42:51 Page of 01/09/2015 01:54:31 4U 2 -., VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: oltogt2o'll lurisdiction' vERNoN Last Date: 01/09/2015 Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Oflicer Unit Dispatch Enroute OnScene DeDart Arrive Remove Comp 201s0100538RpT 0l/09/2015 1r:05:39 vERtzoNWRELEss 800 4515242 4golr 234s E 38rH. vERNoN ' Deaon te qq4 !'!t 4lqer RMs.rutisvPD CR20150065 CA0197300 VPD REYNA.JOSE S 2L12 11:06:30 11:07:2A 11:12:17 12:00:03 VPD VANOVER,DONAIKg2 11107:29 11:'17:47 12:04145 20rs0100566 C;TE 0110912015 20:36:30 VI RPT TRAFFIC STOP E 38TH // ALAMEDA, VERNON VPD HERRERA.GUSTI-118 VPD HERNANDEZ,MIGlLl VPD HERRERA.GUSTI-118 VPD VALENZUELA,FEIlL3 VPD PEREZ.NICK 151 DeDartmeru OCA Number RMS JurisvPD cR20150066 CA0'197300 20:36:30 20:36:33 20:45:16 20rs0r00570 u 01/09/2015 21:5t24 iira TRAFFIC SrOP S BOYLE AV // SLAUSON AV. vERN^'', DeDarh'2 ocA Ntmba RMs 'It'rh"" vPD cR2o15oo67 cAorg73oo SRVD 21:51:28 21:51:24 21:52:44 21:'13:37 22:04:16 21:26:07 22:3851 22:38:51 01/10/2015 00:32:01 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: o1l1ot2o1s Last Date: oltlot2ols Call Number Disp Ten Code Received Comolaint Caller Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 201s0100590 1015 VI RPT 20150100629 ASST RPT 2015010063r RPT 20150r00634 1015 RPT VS 0111012015 02:37:29 TRAFFIC STOP FRUITI.AND AV // SOTO, VERNON VPD HERRERA.GUSTI-118 VPD HERNANDEZ.MIGlLl VPD LANDA,RAFAEL 112 011'lOl2O15 2'l:12:49 PATCK S SANTA FE AV II 51ST, VERNON VPD PEREZ.NICK *1S1 VPD HERNANDEZ.MIGILll VPD SWINFORD,PHILIILl2 0111012015 22:23'.40 GTAR FRUITLAND AV // SOTO. VERNON VPD SWINFORD,PHILTlLl2 22:23:54 DeDartment VPD 02:37:30 02:37 47 02:38:24 03:16:05 03:16:31 DeDartment VPD 21:12:49 21:12:52 21:12:57 2'l:14:50 Department VPD 22:24:05 22:28'.35 DeDartment VPD 22:53:16 22:53:45 22:55:18 OCA Number cR20150068 OCA Number cR201 50069 OCA Number cR20150070 OCA Number cR20150071 RMS Juris cA0197300 RMS Juris cAo1 97300 RMS Juris cA0197300 RMS Juris cAo197300 04:19:49 04:19:48 04:19:49 21:28:50 21:28:49 21:28:49 23:00:25 23:53:24 23:53:23 0111012015 22:53:'15 VCK DE KALBAV//49TH, VERNON VPD PEREZ,NICK '151 VPD HERNANDEZ,MIGlLll 01/11/2015 00:40:5i Page of 1 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times und Location with OCA's Jurisdiction: vERNoN First Date: 01t11t2015 Last Dale: 0111112015 Cttll Number Disp Ten Received Code Comolaint Caller Address Unit Time 20150100648 VREC 20150100671 1015 RPT 01/11/20'15 05:45:08 LOCATE 01111t2015 594 01/'11l2015 19:10:36 459V UNITED TOW ,11530 RYERSON AVE. DOWNEY AMERIPRIDE 5920 ALCOA AV. VERNON '1L2 't L3 118 Enroute OnScene DeDartment VPD 17:25:01 17.27:02 17,27136 17:25:OS 17:27:38 RMS Juris cAo't97300 18:35:30 18i34:33 RMS Jaris c40197300 19:32:11 21:49:00 Remove n17:22:30 STERYCTCLE 2775 E 26TH. VERNON VPD CEROA.EUGENIO'2111 VPD CHAVEZ,CELEST2L12 VPD REYNA.JOSE S 218 OCA Numbet cR20150072 20150100673 1015 RPT 18:49:25 22,36:45 DeDarlment OCA NumbetvPD CR20150073 VPD VPD VPD 19:13t'12 19114:47 19:20:46 19:23.41 19i20:09 01/1Y2015 00:12:1!.Page of VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: oil1a2o'15 Jurisdiction' vERNoN Last Date: olna2$s Call Number Disp Ten Received Code Complaint Caller Address Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp Ilnit Time 201s0100706C|TE 01/12/2015 08:01:30 v rnaFFrc srop E 54rH // pAcrFrc BL. vERNoN Dg"tue"t MMyt &6firt# VPD GAYTAN.LORENZ2LII 08:01:30 08:27:24 20150100709 RpT O1112t2015 @,33t47 crrE rnaFFrc srop E 26rH // s,qNrA FE Av, vERNoN 338^"* KfiW' g6r"ir5# VPD GAYTAN,LORENZ2L1 l 201 501 0071 4Vt 0111212015 09:07:07 ctTE TRAFFTC STOP S SOTO il 26TH. VERNON RPT VPD GAYTAN.LORENZ-2111 201s0100730 RpT 0111212015 11:06:48 VI CITE 20150100734 VI TRAFFIC STOP DOWNEY RD // sOTH, VERNON VPD GAYTAN,LORENZ2LIl 01112120'15 11:36:06 VCK VPD GAYTAN.LORENT2L1l 08:33:54 Departmeru OCA Number RMS JurisvPD CR20150076 CA0197300 09:07:08 DeDartmeru OCA Number RMS JurisvPD CR20't50077 CA0197300 11:36:08 12:'lO:27 09:03:05 09:39:27 14'.05.29 E DtsrRtcr BL // L'MA vtsTA AV, vERNoN Department OCA Number RMS JurisvPD CR20150078 CA0't97300 11:06:55 11:36:'t0 20150100737 UTL RPT 0111212015 '13:06:59 314 2801 VERNON. VERNON VPD NEWTON,TODD -M1 Departmeru OCA Number RMS JarisvPD CR20150079 CA0197300 13:10:58 13:18:19 01/13/2015 05:05:2!Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type AA Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: una2u' Last Date: 0il1a2015 Call Number Disp Ten Code Caller Address Dep Officer Received Comolaint Unit Time 011'1212015 13:09:53 MR6O 4305 S SANTA FEAV. VERNON VPD MOSCOSO.CHRIS-2STOF 0111212015 14:22:57 484R 4770 S SANTA FE AV. VERNON VPD MOSCOSO,CHRIS-2STOF Enroute OnScene Depart 13:09:53 Departmeru OCA NumbervPD CR20150080 14:2841 Remove 20150100738 SUP 20150100745 RPT 20r50100755 RPT 20150100763 RPT 20150100774 RPT VREC VS 01/1212015 16:18:04 594R 0111212015 "18:32:33 487R RDM WAREHOUSE 2380 E 57TH, VERNON VPD MOSCOSO.CHRIS*2STOF ESSENTIAL DECOR 2801 E 46TH, VERNON VPD HERNANDEZ.EDV-111 16:20:06 DeDartment VPD '16:20:50 Department VPD 18:35:16 18:56:13 OCA Number cR20150081 OCA Number cR20150082 RMS Juris cA01 97300 RMS Juris cA0197300 RMS Juris cAo197300 RMS Juris cA01 97300 13:33:28 14:49:09 17.'11:47 '19:28:5 t 00:08:11 0111212015 23:33:32 REC 5051 ESLAUSONAV,VERNON VPD SWINFORD,PHILTlL3 DeDarlmeru OCA NumbervPD CR20150083 23:33:32 01/13/2015 05:05:2!Page ;/ERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Iurisdiction' vERNoN First Date: 01t13t2015 Last Date: oll13l2o'15 Call Number Disp Ten Code Received Complaint Caller Address Unit Time 20150100777 RPT CITY VS 20150100784 RPT CITE VI 20150100789 VI CITE RPT CITE VI 201s0100810 RPT 1015 20150100813 RPT 0111312015 12:37:45 484R 0111312015 02:38:55 9O2T 4120 BANDINI BL, VERNON VPD SWINFORD.PHILTlL3 VPD DOCHERTY,MICH1L2 0111312015 07:57:38 TRAFFIC STOP E VERNON AV // FURLONG PL. VERNON VPD MADRIGAL,MART2LI 1 VPD GAYTAN,LORENZ2L12 0111312015 08:27:11 TRAFFIC STOP 43 // ALAMEDA, VERNON VPD GAYTAN,LORENT2L12 0111312015 11:51:15 PEDCK Dispatch Enroute OnScene DeDartment VPD 02'.40:21 02:44:05 02'.40'.24 02:45:00 DeDartmeru OCA NumbervPD cR20150085 07:57:44 07:58'.'12 Departmeru OCA NumbervPD CR20150086 OCA Number cR20150084 OCA Number cR201 50087 Remove RMS Juris cAo197300 RMS Juris cA01 97300 07:58:16 08:27:13 RMS Juris cAo197300 RMS Juris cAo197300 12'.41:23 13:13:15 12'.03:45 RMS Juris cAo1 97300 03:46:10 03:46:10 08'.28.44 09:06:51 14:'16:42VPD VPD VPD S SANTA FE AV II 27TH, VERNON VILLEGAS.RICHA-219 VASQUEZ,LUIS 2L1O GAYTAN,LORENZL'!2 LINCOLN INTERNATIONAL 4601 S SOTO, VERNON 08:27:14 DeDarlment VPD 11:51:15 1'l:5'l:20 11:56:18 12:02:02 DeDartmeru OCA NumbervPD cR20150088 01/142015 05:02:11 Page of 3 VERNON POLICE DEPARTMENT Call Log Report Type AA Unil Times and Location with OCA's First Date: oltlgt2ols furisdiction' vERNoN Last Date: 01t13t2015 Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Officer Unit Dispotch Enroute OnScene Deoort Arrive Remove Comp 20150100813 RPT 0111312015 12:37:45 LTNCOLN TNTERNATTONAL 4601 S SOTO, VERNON VPD MADRIGAL,MARIf2LI1 12:4003 12:40:48 12:46:35 VPD GAYTAN.LORENZ2L12 VPD VILLEGAS,RICHA2L9 C;TE 0111312015 16:02:22 vt TRAFFTC STOP BELGRAVE // STATE. VERNON VPD GAYTAN,LORENT2L12 DeDarlmeru OCA Number RMS JurisvPD CR20150088 CA0197300 12:46:15 12:41:25 12:42:47 12:57:36 12:47:52 13:15:33 1 3:1 5:33 13:47:46 16:36:02 VPD NEWTON.TODD M1 1240:05 '12:40:50 12:43:03 201 501 008 I 5 C1TE 0111312015 13:'15:46 vt TRAFFTC STOP FRUTTLAND AV // SOTO, VERNON VPD GAYTAN,LOREN2*2L12 20150100816 C|TE 01/13t2015 13:44:31 v rneFFrc srop FRUTTLAND Av // DowNEy RD, vERNoN orff"^-t #AEW' #fi## VPD MADRIGALMARII.2LII 13:44:32 15:00:31 2015010082t C|TE Oll13l2015 14147:20 vl rRAFFrc srop s BoyLE AV // FRUTTLANo AV. vERNoN or#',.-, #r.l!W. ' fff,"riitr VPD GqYTAN.LOREN?2L12 14:47:20 15:07:20 20r 50100825 CITE 01/13/2015 15:30:25v raeFFrc srop srarE // sLAUsoN. vERNo" |€ff*' #AIW. ' #r"Jr5tr VPD C'AYIAN.LORENZ2LI2 15:30:26 16:02:24 20150100827 DeDartmeru OCA Number RMS JurisvPD CR20150089 CA0197300 I 3:1 5:46 DeDartmem OCA Number RMS JurisvPD CR20150093 CA0197300 16:02'26 01/14/2015 05:O2:11 Page 2 of 3 ,{,/ERNON POLI CE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o1t13t2o1s lurisdiction' vERNoN Last Date: 01t13t2015 Call Number Disp Ten Received Caller AddressCode Comolaint Unit Time Dep Ollicer An Dispatch Enmale Onsceae Deoa.t Arrive Remove Como 20 50100t35 ':i::iil. :.:. ii:t.. r.:: : RpT 01/13/2015 17:31:50 BCBG 422R 276, FRU|TLAND Av. vERNoN DeDarlman OCA Number RMs J,rt,fvPD CR20150091 CA01973q) VPD VILLEGAS.RICIIA2Lg 17:33:40 17:33:40 17:3418 17:59:43 20rs0100&!9 C|TE O1t13nO15 1a:20t42 \/| TRAFFIC STOP E 51 ST // SANTA FE AV. VERNON DEOATI'NA OCA NAMbCI RMS TU'iSvPD CR20150095 C40197300 vPD O{YTAN.LOREN?21r2 1a:2o:42 18:47:57 01/142015 05:02:11 Page 3 of 3 .VERNON POLI CE D EPARTMENT Call Log Report Type AA Unit Times ond Location with OCA's First Date: o1t't4t2015 Jurisdiction' vERNoN Last Date: o1114t201s Call Number Disp Ten Received Code Complaint Caller Address Unit Time Deo Officer Unit Disoatch Enroute OnScene Depart Arrive Remove Como 20150100858 01/1112015 07:15:05 D.Dart c OCl Nur bq nMS furku TRAFFTC SToP DOWNEY RD // FRUITLANDAV. vERNoN ff6*-*- ;861,;A;ir cAo1e730o RPT VPD GAYTAN,LORENZ-2L8 07:15:05 20150100866 01/14/2015 08:19:05 DcDaflm2nt OCA Number RMS JutitV IRAFFIC sToP tEoNls BL // DowNEY RD. VERNoN o- "-- crii6idoriiii- cAole73oo RPI VPD GAYTAN,LORENz-218 07:41:42 08:45:59 10:31 .21 18:22:51 20150100879 CITE 01t14t2015 09:59:50 SRVD TMFFIC STOP DOWNEY RD // BANDINI BL. VERNON VI RPT VPD GAYTAN.LORENZ-218 08:1 9:05 Departmeu OCA Number RMS JurisvPD CR20150098 CA0197300 09:59:50 0l/1,u2015 1645:39 D.Dorlrrr.ru OcANarnber Nt SJafi|v rRAFFrc sroP PAclFlc BL // FRUITLAND AV, vERNoN tr5---^ ;ifi.i;ffi;" caorgzsoo VPD GAYTAN,LORENZzLE 16:45:39 1719:51 20t50t00915 C1TE 0111412015 17:45:51 Departmem OCA Number RMS JurisvPD CR20150100 cA0197300 '17:45'.51 TRAFFIC STOP SANTA FE // 52ND, VERNON 0111412015 21:36:24 TRAFFIosrop FRUTTLANDAV//sANTAFEAV.vERNoN DeDartmeru Qpllly1ryter 4*t!l-'!f'lvPD CR20150101 CA0197300 VI 20150100926 RPT VI CITE VPD GAYTAN.LORENZ*2L8 01/15/2015 05:01:3i Page I of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o'trt4l2o1s Iurisdiction' vERNoN Last Date: o'r1gzo1s Call Number Disp Ten Received Code Comolaint Caller Address Unit Time Dep Oflicer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 201s0100926 RPT VI CITE 20150100928 VI RPT CITE 0111412015 21:36:24 TMFFtcsrop FRU;I-ANDAV//5ANTAFEAV.vERNoN Departmeru OCANumber RMSJurisvPD CR2015010r CA0197300 VPD SANTOS.DANIEL-1XS1 VPD VASQUEZ,LUIS 1L1O VPD HERRERA.GUSTIlLl2 VPD ESTRADA.IGNAClSl 0111412015 22:47:22 UNATTACHEDTR 48TH II SANTA FE. VERNON VPD HERRERA,GUSTI-1112 21:36:27 21:42:34 21:42:24 21'.36:29 22:2603 22:26:35 22:26:34 22:2635 23:05:18 Departmeru OCA Number RMS JurisvPD CR20150102 CA0197300 22:47:22 01/15/2015 05:01:3i Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction' vERNoN First Date: o1t1st2o1s Last Date: o1t1st2o1s Call Number Disp Ten Code Caller Address Dep Officer Received Comolaint Unit Time Unit Dispatch Enroute OnScene Deoart Amive Remove Comp 201s010093s CITE SRVD RPT VI 20150100945 RPT 20150100950 ASST RPCB RPT 20150100971 CITE RPT 20150100974 O'll'15120'15 02:33:44 TMFFIC STOP 0111512015 07:35:33 925 0'1115t2015 10:16:35 487R 0111512015 18:46:01 9027 Deparlment VPD O2:33:44 02:33:49 DeDortment VPD 07:37:21 07:38:'12 07:37:48 07:39:06 07:37'.52 07:41:20 07:49'.20 08:03:05 Department VPD 10.21'.27 l0:25:'13 11:48:42 1'l:55:41 DeDartment VPD 18:49:05 1 8:59:58 19:25:19 OCA Number cR20150103 OCA Number cR20150104 OCA Number cR201 501 06 OCA Number cR201 501 07 RMS Juris cAo197300 RMS Juris cAo197300 VPD VPD VPD VPD VPD VPD VPD VPD VPD VPD S SOTO II26TH, VERNON HERRERA,GUSTI*1 L12 DOCHERTY,MICHl L9 AT&T MOBTLITY 800 635 6840 4 E27TH // SANTA FE AV. VERNON CERDA,PAUL.JR -213 CERDA,EUGENI02Ll MADRIGAL.MARII2L2 ZAPIEN.DAVID 2S2 ROGERS POULTRY 5O5O S SANTA FE AV, VERNON MADRIGAL,MANT2L2 CERDA.EUGENI02Ll GLORIA QUINONES PACIFIC BL // LEONIS BL. VERNON VASQUEZ,LUIS *1L12 18:49:03 LANDA,RAFAEL .I111 RMS Juris cAo197300 RMS Juris cA0197300 07:45:35 03:15:54 03:15:54 08:04:53 08:04:52 08:04:53 08:04:53 10:42:39 12:46:14 19:39:23 19:39:23 01/16/2015 05:00:5(Page 21of VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: o1t1sl2o'15 Jurisdiction' vERNoN Last Dote: o1t1st20'ts Call Number Disp Ten Received Code Complaint Caller Address Unit Time Dep Oflicer anit Dispatch Enroute OnScene Deoart Arrive Remove Comp 201s01009?4 C|TE O1l15l2i1s 19:52:11 vr rmFFrcsrop s BoyLE Av// sLAUsoN AV. vERNoN 333'^*'or##N" #,tJr56f RPT VPD HERRERA.GUSTI-119 19:52:14 VPD LANDA,RAFAEL 1L1 1 19:52j17 19:52:18 20:13:22 20ts0100976RpT 0111512015 20:16:38 Vl 1110 9027 CITE 6OTH // CORONAAVAV. HUNTTNGTON pARK Departmeru OCA Number RMS .IurisvPD CR20150109 CA0197300 20:29:55 2018.11 20:18:13 21:14:36 21:1436 20:39:30 VPD VALENZUELA.FETILlO 20:17:04 20:39:27 VPD LANDA.RAFAEL 1L1 1 20:18:'17 20:18:17 20:27:52 VPD HERRERA,GUSTI.'19 20:39'.14 01/16/2015 05:00:5(Page 2 of 2 REGEiVED JAN 21 2015 CITY CLERKS OTFICE DATE: TO: FROM: RE: STAFF REPORT CITY ADMINISTRATION February 3,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator A RESOLUTION OF THE CITY COT]NCIL OF THE CITY OF VERNON ADOPTING AN AMENDED AND RESTATED CITYWIDE FRINGE BENEFITS AIID SALARY RESOLUTION Recommendations It is recommended that the City Council: l) Find that approval of the resolution proposed in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Adopt the attached resolution, effective December 28,2014, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution, to reflect the following corrections and transfers to Exhibit A - Classification and Compensation Plan: a. Director of Human Resources Classification - Y1- frozen monthly salary should read $16,333.34 instead of $16,333. Pay grade should read E40. b. Fire Chief Classification - Minimum salary should read $15,530 instead of $15,531. c. Transfer IT Group from the Gas & Electric Department to the City Administration Department. d. Delete Yl Salary Step - $9,537 from Programmer/Analyst Classification e. City Council and Mayor pay grade should read O0linstead of 01. Background On December 16, 2014, City Council adopted Resolution No. 2014-74 adopting an amended and restated Citywide Fringe Benefit and Salary Resolution. The resolution approved new salary grades and pay plans based upon the 75h percentile of the comparable survey labor market for Executive and Council members. A minor correction is needed on Exhibit A, Classification and Compensation Plan for the Yl- annual and monthly salary of the Director of Human Resources classification. The Yl frozen monthly salary should rcad 16,333.34 as provided in the December 16,2014 staff report instead of $16,333. This conection is a result of rounding. The pay grade should read E40. A minor correction is also needed for the minimum salary of the Fire Chief classification. The minimum monthly salary should read $15,530 instead of $15,531. This correction is a result of rounding. In addition, on December 16, 2014, the City Council approved the reorganization/rclocation of the Information Technology Division from the Gas & Electric Department to the City Administration Department. This staffreport also recommends transferring the classifications to the City Administration Department. The Programmer/Analyst incumbent who was assigned afrozen salary step at Yl- $9,537 per month has resigned from the City of Vernon. This report recorlmends deletion of the Yl salary step under the Pro grammer/Analyst classifi cation. Consistent with the designation of pay grades in the compensation plan that identifies the various employee groups, the pay grade for Council members and Mayor should read O01 opposed to 01. The letter "O" would designate that the pay grade is associated with Elected Officials. Fiscal Impact There is no fiscal impact associated with the modifications to Exhibit A, Classification and Compensation Plan of the Citywide Fringe Benefit and Salary Resolution. 2 RESOLUTTON NO. A RESOLUTION OF THE CTTY COUNCfL OF THE CITY OF VERNON ADOPTING AN AIiIENDED AND RESTATED CfTYViIfDE FRINGE BENEFITS AND SA],ARY RESOLUTTON IN ACCORDANCE WITH GOVERNMENT CODE SECTION 20535(b) (1) AND REPEALING ALL RESOLUTIONS IN CONFI.,,f CT THEREWITH WHEREAS, on December 16, 2014, the City Council of the Cit.y of Vernon adopted Resolution No. 201-4-74, adopting an amended and restatsed Citywide Fringe Benef it.s and Salary Resolution to (a) amend Exhibit. A, Classification and Compensation Plan (b) Amend Sectsion 11, Automobile Al-lowance (c) add Section 21, Uniform Allowance (d) delete the Risk Manager classification and (e) implement the changes set forth in Ehe 2014-201-7 Memorandum of Understanding beUween the City of Vernon and tshe Vernon Firemen's Associatsion,- and WHEREAS, by memorandum dated February 3, 20]-5, the City Administrator has recommended the adoption of an amended and restated Citpide Fringe Benefits and Sa1ary Resolution to amend Exhibit A, Classification and Compensation Plan to (a) correcE lhe annual- and monthly salary of Che Direct.or of Human Resources classification (b) correct the monthly sa1ary of the Fire Chief (c) transfer E.he IT Group from the Gas & Electric Departsment to the City Administration Departments,' (d) delete the Programmer/Analyst. classification and (e) correct the pay grade of CiEy Council members and the Mayor; and WHEREAS. Che City Council desires to adopt an amended and restated CiEywide Fringe Benefits and Salary Resolution. a copy of which is atsEached hereto as Exhibit. A. NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCTL OF THE CITY OF VERNON AS FOLLOWS: qqCTlqN 1: The City Council of the Cit.y of Vernon hereby finds and determines that SECTION 2: The the above recitals are true and correcE. City Council of the City of Vernon finds that this act.ion is exempts under tshe California Environmental Quality Act (CEOA) , in accordance witsh Section 15051(b) (3), the general rule tshats CEOA only applies to projects that may have an effect on the environment. SECTfON 3: Effective Decernber 28, 201-4, the City Council of the City of Vernon hereby approves t,he amended and restsated Citywide Fringe Benefits and Sa1ary Resolut,ion, a copy of which is atstached heretso as Exhibic A. SECTION 4:A11 resolutions or parts of resol-utions, specifically Resolution No. 201-4-74, r]oL consistsent with or in conflict wit,h t.his resolution are hereby repealed. 2 SECTION 5: The City C1erk, ot Deputy City Clerk, of the City of Vernon sha1l certify to the passage, approval and adoption of this resolution, and the City C1erk, ot Deputy City C1erk, of the City of Vernon sha11 cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AIID ADOPTED this 3'd day of February , 201-5. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk Moussa, Deputy City Attorney 3 STATE OF CALIFORNTA ) ) ss COUNTY OF LOS ANGELES ) f,. City Clerk / Deputsy City Clerk of the CiEy of Vernon, do hereby cerEify that t,he foregoing Resolutsion, being Resolution No. , was duly passed, approved and adopted by the City Councif of the City of Vernon at a regular meetsing of the City Council duly held on Tuesday, February 3, 201-5, and thereafter was duly signed by tshe Mayor or Mayor Pro-Tem of Ehe City of vernon. Executed chis day of February, 2015, at vernon, California. CiEy Clerk / Deputy City Clerk (sEAr) 4 EXHIBIT A City of Vernon FRINGE BENEFITS AND SALARY RESOLUTION Effective Decem be r 28, 201 4 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 10: Section 1 1: Section '12: Section 13: Section 14: Section 15: Section 16: Section '17: Section '18: Section 19: Section 20: Section 21: PART II - CLASSIFICATION AND COMPENSATION Section 1. Section 2. Section 3. EXHIBITA- CLASSIFICATION AND COMPENSATION PLAN, ................ ......... 38 2 PART 1 FRINGE BENEFITS J 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 contract 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 L 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-time 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 1tt - New Year's March 31't - Cesar Chavez The 1"t Mondav in September - Labor December 31't - New Year's Eve HOLIDAY 3ro Mondav in Januarv - Martin Luther Kinq Jr. Dav 3'0 Monday in February - Presidents Dav The Last Mondav in Mav - Memorial Dav Julv 4th - lndeoendence Dav The 2nd Mondav in October - Columbus Dav November 11th - Veterans Dav The 4h Thursdav in November - Thanksoivino Dav December 24th - Christmas Eve December 25th - Christmas Dav And other davs as such desiqnated bv Citv Council. 5 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. B. 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. C. 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 Apri! 1-June30 60 hours Julyl-Sept.30 40 hours Octl-Dec.31 20 hours 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-June30 45 hours Julyl-Sept.30 30 hours Octl-Dec.31 15 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. F. 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 positions 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. All 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, explicit 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 count 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. G. 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. l. 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 J. (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. Whlle 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 management 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. AII 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 15-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. 11 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 Gonfi dentia! Staff: Continuous Years of Service Vacation Hours Earned Bi-Weeklv Accrual 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. 1st year thru 4th year Sth year thru 9th year 1Oth year thru 14th year 15th year thru 24th year 25th year and more Continuous Years of Service 1st year thru 4th year 5th year thru 1Oth year 1 Oth year thru 15th year 1Sth year thru 25th year 25th year and more Vacation Hours Earned Bi-Weeklv Accrual 80 100 120 160 190 3.08 3.85 4.62 6.16 7.31 4.62 5.77 6.54 7.12 7.31 120 150 170 185 190 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. 12 writing, within ten (10) 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. 13 Section 7. SICK LEAVE A. All full-time employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. B. Employees shall only receive sick leave accrual while they are in a paid status. C. The City shall allow annual carry-over of sick leave hours for full-time employees up to a maximum accrual cap of 960 hours. This bank of carry-over sick leave would provide a cushion for longterm illnesses and injuries. D. Any sick leave hours exceeding 960 hours will be compensated for at the end of the calendar year at 50o/o of the employee's hourly rate. E. 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 (15) minutes and shall not be taken in excess of time earned at the time it is taken. F. 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 injury from the employee or family member's physician. The statement shall certify the physical condition of the employee/employee's family member that prevented the 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. G. 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 t4 H. 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 paftern 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, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50o/o 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 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. t. J. K. 15 Section 8. FAMILY SICK LEAVE (KlN CARE) ln any calendar year, employees may use the employee's accrued and available sick leave entitlement, 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 qualiffing 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. 16 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 membe/' 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 Emplovees Spouse 4 work davs chitd 4 work days Registered Domestic Partner 4 work days Step-Child 4 work days Parent 4 work davs Step-Parent 4 work days Mother-in-law 4 work davs Father-in-law 4 work davs Grandchild 4 work davs Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work davs Brother 4 work days Sister 4 work davs Step-Sister 4 work days Step-Brother 4 work davs Dauqhter-in-law 4 work days Son-in-law 4 work davs Brother-in-law*4 work davs Sister-in-law*4 work davs Brother-in-law and sister-in-law are defined as fhe spouse of the employee's sibling or the sibling of the employee's spouse. Bereavement Ieave 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. T7 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. 18 A. 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 appearing in cou(. 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 taken 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. c. 19 A. Section 11 : AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR EXPENSES C. 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 department 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 as set forth below 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 & Fue! Assistant Fire Chief City Vehicle & Fuel Fire Marshal City Vehicle & Fuel Administrative Fire Captain City Vehicle & Fuel Fire Training Captain City Vehicle & Fuel Gas & Electric Director $400.00" Utility Operations Manager City Vehicle & Fuel Police Chief City Vehicle & Fuel Health Director $400.00 B. 20 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 City Vehicle & Fuel Police Motor Ofticer #2 City Vehicle & Fuel Public Works, Water & Development Services Director $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 othenryise absent the entire calendar month, unless othenryise 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 benefits for lhe Director of Gas and Electric classification have historically included and currently include use of a City-owned vehicle and fuel. Accordingly, the current Director of Gas qnd Electric may continue to use q City-owned vehicle and fuel in-lieu of receiving the 5400 monthly automobile allowance. Once the curuent City- owned vehicle is due for replacement or the current incumbent leaves the position, whichever occurs first, the Director of Gas and Electric classification will receive the $400 monthly automobile allowance. 2t B. Section 12: HEALTH INSURANCE 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. The City shall contribute for each full-time 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{ax 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 $1 120.00 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 domestic partners and qualified dependents). ln addition, for each employee enrolled in a PPO/HSA 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 not 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-term health care benefit. 23 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-tax payroll deduction. 24 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 $6.95 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. 25 Section 15: LIFE INSUMNCE 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. 26 Section 16: DEFERRED COMPENSATION PLAN Employees are eligible to participate in the City's Deferred Compensation Program. 27 Section 17: CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) CONTRIBUTION MISCELLANEOUS EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time employees hired before January 1, 2013 with 2.7o/o at 55 PERS retlrement 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 PEPRA, shall be provided a 2.Oo/o at 62 PERS retirement benefit plan. B. Employees shall be responsible for paying 100o/o of their PERS employee's contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CaIPERS as follows: a' 9:l]r",."i,",,t#Xll.3,t3l' - (crassic Members onrv) one New employees hired on or after January 1,2013 who meet the definition of new member under PEPRA 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. 28 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 PEPM, shall be provided a2.7o/o at 57 PERS retirement benefit plan. B. Employees shall be responsible for paying their PERS nine percent (9%) employee's contributions. C. The Clty provides additional supplemental retirement benefits to full-time employees under CaIPERS as follows: a 9:lJrT:'".t"ffX31;3,'#'- (crassic Members onrv) one New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Averaqe Final Compensation b. Gov't Code Section: 20124 - Military Service Credit as Public c. Gov'tCode 21574-4th Level 1959 SurvivorBenefit(Fire members only) d. Gov't Code Section: 21571 - 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. 29 Section 18: RETIREE MEDICAL - NON-SAFETY EMPLOYEES A. The City will pay up to the amount equivalent to the then current, Iowest 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 full-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- E. 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. F. 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. G. 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 three (3) 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. H. 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. l. The offer of the retiree medical benefits is not a vested right for future years. J. City Council members are entitled to the same retiree medical benefits offered to all 30 full-time regular employees as identified under the citywide resolution for retiree medical benefits in effect at the time Council members retire. 3l Section 19: LONGEVITY PROGRAM A. LONGEVITYPROGRAM FOR EMPLOYEES EMPLOYEDON OR BEFORE JUNE 30, ,t994. 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 1, 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 Sth anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. b. Ten ('l0l 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 their'lOth 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 (15) 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 thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15o/o) 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 (20o/o) 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 (20o/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 12 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. LONGEVITYPROGRAM FOR EMPLOYEES ON ORAFTERJULYl, 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 said 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. 33 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. 34 Section 2't: UNIFORM ALLOWANCE A. lf an employee's job classification requires him/her 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 7522.0af) 35 PART II CLASSIFICATION AND COMPENSATION PLAN 36 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, Citywlde 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 Il-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 Adminiskator, 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. 3t EXHIBIT A CLASSIFICATION AND COMPENSATION PLAN 38 City of Vernon Glassification and Compensation Plan Effective Decemb er 28, 2014 1 of19 1025 CouncilMember 1030 Mayor 1010 City Administrator 1015 Deputy CityAdministrator 1020 Economic Development Manager 1625 lnformation TechnologyAnalyst Min Max E50 M40 c26 c29 M37 $73,752 $77,436 $81,300 $85,368 $89,640 $85,368 $89,M0 $94,128 $98,832 $103,776 $126,132 $132,44 $139,056 $146,016 $153,312 $57,780 $60,672 $63,696 $6,146 $6,453 $6,775 $7,114 $7,470 $7,114 $7,470 $7,U4 $8,236 $8,648 $10,s11 $11,037 $11,588 $12,168 $12,776 $4,815 $5,056 $5,308 $25,368 $25,368 $2,114 $2,114 $19,820 $24,092 $12,168 $12,776 $13,415 $14,086 $14,791 $10,011 $10,511 $11,037 $11,588 $12,168 $97s.69 $975.69 $9,147.69 $1 1 ,1 19.38 $5,616.00 $5,896.62 $6,191.54 $6,501.23 $6,826.62 $4,620.46 $4,851.23 $5,094.00 $5,348.31 $5,616.00 $237,840 $289,104 $146,016 $1s3,312 $160,980 $169,032 $177,492 $120,132 $126,132 $132,444 $139,056 $146,016 $114.3462 $138.9923 $70.2000 $73.7077 $77.3942 $81.2654 $85.3327 $57.7558 $60.6404 $63.6750 $66.8538 $70.2000 1620 lnformation Technology Analyst, Senior NE 1610 lnformation Technology Manager 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 Step 1 Step 2 Step 3 $35.4577 $2,837 $37.2288 $2,978 $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $41.0423 $s,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 $60.6404 $4,851 $63.6750 $5,094 $66.8s38 $s,348 $70.2000 $5,616 $73.7077 $5,897 $27.7788 $2,222 $2s.1692 $2,334 $30.6231 $2,450 1630 lnformation Technology Technician c21 .'ocdupationalJob Families and Job Classes Y-Rate Programmer Analyst - Adopted CC- Feb 3 2015 E O01 E O01 City of Vernon Classification and Compensation Plan Effective Decemb er 28, 2014 2of19 1615 Programmer/Analyst 1110 CityAttomey 1115 Deputy City Attorney 1525 Legal Secretary 1310 City Clerk 1315 Deputy City Clerk 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 Step 4 Step 5 Min Max c30 E38 $66,888 $70,224 $89,640 $94,128 $98,832 $103,776 $108,960 $205,452 $252,000 $132,444 $139,056 $146,016 $153,312 $160,980 $57,780 $60,672 $63,696 $66,888 $70,224 $'132,444 $160,980 $70,224 $73,752 $77,436 $81,300 $85,368 $55,032 $s7,780 $60,672 $63,696 $66,888 $5,s74 $5,852 $7,470 $7,U4 $8,236 $8,648 $9,080 $17,121 $21,000 $11,037 $11,588 $12,168 $12,776 $13,415 $4,815 $5,oso $s,308 $5,574 $5,852 $1 1,037 $13,415 $32.1577 $33.7615 $43.0962 $45.2538 v7.5154 $49.8923 $52.3846 $98.7750 $121.1538 $63.6750 $66.8s38 $70.2000 $73.7077 $77.3942 $27.7788 $29.1692 $30.6231 $32.1577 $33.7615 $33.7615 $3s.4577 $37.2288 $3s.0865 $41.0423 $2A.4577 $27.7788 $29.1692 $30.6231 $32.1577 $2,573 $2,701 $3,448 $3,620 $3,801 $3,991 $4,191 $7,902.00 $9,692.31 $5,094 $5,348 $5,616 $5,897 $6,192 $2,222 $2,334 $2,450 $2,573 $2,701 NE Min Max $63.6750 $5,094.00 $77.3942 $6,191.54 NE $5,852 $6,146 $6,453 $6,775 $7,114 $4,586 $4,815 $5,056 $5,308 $5,574 $2,700.92 $2,836.62 $2,978.31 $3,126.92 $3,283.38 $2,116.62 $2,222.31 $2,s33.54 $2,449.85 $2,572.62 1320 Records Management Assistant NE (lnni.i ,,lirh tramiliaq end lnh ltlaseoc FLSA PAY Code Annual Monthly Hourly Pay PeriodGRADE . Conection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Programmer Analyst - Adopted CC- Feb 3 2015 Frry nrronruey cnoup c25 Gity of Vernon Glassification and Compensation PIan Effective Decemb er 28, 2014 3of19 $69,840 $33.5769 $2,686.15 1505 Administrative Aide (part-time hourly) 1530 AdministrativeAssistant 1530 Administrative Assistant, (Confidential) 1520 Administrative Assistant, Senior 1510 Administrative Secretary Step 1 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 c5 G13 c13 G17 c24 05 $39,1 08 $41,076 $43,116 $45,276 $47,s44 $39,1 08 $41,076 $43,116 $45,276 $47,544 $47,544 $49,908 $52,416 $55,032 $57,780 $59,484 $55,032 $57,780 $60,672 $63,696 $66,888 $66,216 $69,864 $73,704 $66,888 $70,224 $73,752 $77,436 $81,300 $3,259 $3,423 $3,593 $3,773 $3,962 $3,259 $3,423 $3,593 $3,773 $3,962 $3,962 $4,159 $4,368 $4,586 $4,815 $4,957 $4,586 $4,815 $5,056 $5,308 $5,574 $5,518 $5,822 $6,142 $5,574 $5,852 $6,146 $6,453 $6,775 $3,423 $3,593 $3,773 $3,962 $40.0000 $18.8019 $19.7481 $20.7288 $21.7673 $22.8577 $18.8019 $19.7481 $20.7288 $21.7673 $22.8s77 $22.8577 $23.9942 $25.2000 $26.4577 $27.7788 $28.5981 $26.4s77 $27.7788 $29.1692 $30.6231 $32.1577 $31.8346 $33.5885 $35.4346 $32.1577 $33.7615 $35.4s77 $37.2288 $39.0865 $1 ,504.15 $1,579.85 $1,658.31 $1,741.38 $1,828.62 $1,504.15 $1,579.85 $1,658.31 $1,741.38 $1,828.62 $1,828.62 $1,919.54 $2,016.00 $2,116.62 $2,222.31 $2,287.8s $2,116.62 $2,222.31 $2,333.54 $2,449.85 $2,572.62 $2,s46.77 $2,687.08 $2,834.77 $2,572.62 $2,700.92 $2,836.62 $2,978.31 $3,126.92 NE Grandfathered - G1 Grandtathered - G2 Grandfathered - G3 1500 Executive Assistant to the City Administrator NE Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 $41,076 $43,116 $45,276 $47,544 $19.7481 $1,579.85 $20.7288 $1,658.31 $21.7673 $1,741.38 $22.8577 $1,828.62 1250 Account Clerk NE G14 Class Code Occupational Job Families and Job Classes New Annual Monthly Hourly Pay Period " Corection to HR Director, Fire Chief and tnnsfer lT Group - Remove Y-Rate Programmer Analyst- Adopted CC Feb 3 2015 Y1 Gity of Vernon Glassification and Compensation Plan Effective December 28, 2014 4 of 19 1247 Account Clerk, Senior 1240 Accountant 1230 Accountant, Senior 1220 Assistant Finance Director 1248 Business License Clerk 1225 Deputy City Treasurer 1210 Director of Finance/City Treasurer 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 Step 1 Step 2 Step 3 Step 4 Step 5 NE NE c26 G16 $49,908 $49,908 $s2,416 $55,032 $57,780 $60,672 $60,672 $63,696 $66,888 $70,224 $73,752 $73,752 $77,436 $81,300 $8s,368 $89,640 $120,132 $126,132 $132,444 $139,056 $146,016 $45,276 $47,544 $49,908 $s2,416 $55,032 $108,960 $114,408 $120,132 $126,132 $132,444 $153,312 $186,360 $210,000 $4,159 $4,159 $4,368 $4,586 $4,815 $s,0s6 $5,056 $5,308 $5,574 $5,852 $6,146 $6,146 $6,453 $6,775 $7,114 $7,470 $10,011 $10,511 $11,037 $11,588 $12,168 $3,773 $3,962 $4,159 $4,368 $4,586 $9,080 $9,534 $10,011 $10,511 $11,037 $12,776 $15,530 $17,500 $23.9942 $23.9942 $25.2000 $26.4577 $27.7788 $29.1692 $29.1692 $30.6231 $32.1577 $33.7615 $35.4577 $35.4s77 $37.2288 $39.0865 $41.0423 $43.0962 $57.7558 $60.6404 $63.6750 $66.8538 $70.2000 $21.7673 $22.8s77 $23.9942 $25.2000 $26.4577 $s2.3846 $55.0038 $57.7558 $60.6404 $63.6750 $73.7077 $89.s962 $100.9615 $1,919.54 $1,919.54 $2,016.00 $2,116.62 $2,222.31 $2,333.54 $2,333.54 $2,449.85 $2,572.62 $2,700.92 $2,836.62 $2,836.62 $2,978.31 $3,126.92 $3,283.38 $3,447.69 $4,620.46 $4,851.23 $5,094.00 $5,348.31 $5,616.00 $1,741.38 $1,828.62 $1,919.54 $2,016.00 $2,116.62 $4J90.77 $4,400.31 $4,620.46 $4,851.23 $5,094.00 $5,896.62 $7,167.69 $8,076.92 G18 E41E Min Max Y1 1245 Payroll Specialist c19 Occupational Job Families and Job Classes City of Vernon Classification and Compensation Plan Effective Decemb er 28, 2014 5of19 1248 Public Housing Property Coordinator 1235 Purchasing Assistant 5015 Assistant Fire Chief 5025 Fire Battalion Chief (P) 5030 Fire Captain (P) 5010 Fire Chief 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 Step 1 Step 2 Step 3 Step 4 Step 5 NE c16 G20 NE F31 E45 $52,416 $55,032 $57,780 $60,672 $63,696 $45,276 $47,544 $49,908 $52,416 $55,032 $55,032 $s7,780 $60,672 $63,696 $66,888 $4,368 $4,586 $4,815 $5,056 $s,3oB $3,773 $3,e62 $4,159 $4,368 $4,s86 $4,586 $4,815 $5,056 $5,308 $5,s74 $25.2000 $26.4577 $27.7788 $29.1692 $30.6231 $21.7673 $22.8577 $23.9942 $25.2000 $26.4577 $26.4577 $27.7788 $29.1692 $30.6231 $32.1577 $2,016.00 $2,116.62 $2,222.31 $2,333.54 $2,449.85 $1,741.38 $1,828.62 $1,919.54 $2,016.00 $2,116.62 $2,116.62 $2,222.31 $2,333.54 $2,449.85 $2,572.62 Min Max $153,312 $160,980 $169,032 $177,492 $186,360 $132,444 $139,056 $146,016 $153,312 $160,980 $94,128 $98,832 $103,776 $108,960 $114,408 $186,360 $226,512 $70,224 $12,776 $13,415 $14,086 $14,791 $15,530 $11,037 $11,588 $12,168 $12,776 $13,415 $7,844 $8,236 $8,648 $9,080 $9,534 $15,530 $18,876 $5,852 $73.7077 $77.3942 $81.2654 $8s.3327 $89.5962 $45.4821 $47.7527 $50.1429 $52.6484 $s5.2816 $32.3242 $33.9396 $35.6374 $37.4176 $39.2885 $89.5962 $108.9000 $33.7615 $5,896.62 $6,191.54 $6,501.23 $6,826.62 $7,167.69 $s,094.00 $5,348.31 $5,616.00 $5,896.62 $6,191.54 $3,620 $3,801 $3,991 $4,191 $4,400 $7,168 $8,712 $2,70',1 5050 Fire Code lnspector Step 1 NE G25 CIasq Occrrriitti .l .l.oh Familipq and .loh Classas FLSA PAY New Annual Monthly Hourly Pay PeriodCodeGRADE ' Corection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Prognmmer Analyst - Adopted CC Feb 3 2015 City of Vernon Classification and Compensation Plan Effective Decemb er 28, 2014 6of19 5040 Fire Engineer (P) 5020 Fire Marshall 5060 Firefighter (P) 5045 Firefighter/Paramedic (P) 5035 Firefighter/Paramedic Coordinator (P) 8010 Director of Gas and Electric $35.4577 $2,837 $37.2288 $2,978 $39.0865 $3,127 $41.0423 $3,283 $27.9190 $3,127 $29.3159 $3,283 $30.7830 $3,448 $32.3242 $3,620 $3s.e396 $3,801 $49.8923 $3,991 $52.3846 $4,191 $55.0038 $4,400 $57.7558 $4,620 $60.6404 $4,851 $24.1154 $2,701 $25.3269 $2,837 $26.5920 $2,978 $27.9190 $3,127 $29.3159 $3,283 $27.9190 $3,127 $29.3159 $3,283 $30.7830 $3,448 $32.3242 $3,620 $33.9396 $3,801 $29.3159 $3,283 $30.7830 $3,448 $32.3242 $3,620 $33.9396 $3,801 $35.6374 $3,991 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 Step 4 Step 5 NE F28 F2s $73,752 $77,436 $81,300 $85,368 $81,300 $85,368 $89,640 $94,128 $98,832 $103,776 $108,960 $114,408 $120,132 $126J32 $70,224 $73,752 $77,436 $81,300 $85,368 $81,300 $85,368 $89,640 $94,128 $98,832 $85,368 $89,640 $94,128 $98,832 $103,776 $215,736 $262,224 $94,128 $98,832 $103,776 $6,146 $6,453 $6,775 $7,114 $6,775 $7,114 $7,470 $7,844 $8,236 $8,648 $9,080 $9,534 $10,011 $10,511 $5,852 $6,146 $6,453 $6,775 $7,114 $6,775 $7,114 $7,470 $7,844 $8,236 $7,114 $7,470 $7,844 $8,236 $8,648 NE Min Max $17,978 $21,852 $7,844 $8,236 $8,648 $45.2538 $47.5',154 $49.8923 $s,620 $3,801 $3,991 $103.7192 $8,298 $126.0692 $10,086 Step 1 Step 2 Step 3 8710 Business and Account Supervisor Cllasc, FLSA PAY 'Nr6.lr Annual Monthly l-,lourly Pay PeriodCodeOccuoational Job Families and Job Classes Gt(ADts ' Conection to HR Director, Fire Chief and trans-fer lT Group - Remove Y-Rate Prognmmer Analyst - Adopted CG Feb 3 2015 M31 City of Vernon Glassification and Gompensation Plan Effective Decemb er 28, 2014 7ot19 8615 Utilities Compliance Analyst 8610 Utilities Compliance Manager G27 $77,436 $81,300 $85,368 $89,640 $94,128 M35 $114,408 $120,132 $126,132 $132,444 $139,056 $47,544 $49,908 $52,416 $55,032 $s7,780 $70,224 $73,752 $77,436 $81,300 $85,368 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 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 $108,960 $114,408 $9,080 $9,534 $6,453 $6,775 $7,1',t4 $7,470 $7,844 $9,534 $10,011 $10,511 $11,037 $11,588 $3,962 $4,159 $4,368 $4,586 $4,815 $5,852 $6,146 $6,4s3 $6,775 $7,114 $52.3846 $55.0038 $37.2288 $39.0865 $41.0423 $43.0962 $45.2538 $55.0038 $57.75s8 $60.6404 $63.6750 $66.8538 $22.8577 $23.9942 $25.2000 $26.4577 $27.7788 $33.7615 $35.4577 $37.2288 $39.0865 $41.0423 $55.0038 $57.7558 $60.6404 $63.6750 $66.8538 $43.0962 $45.2538 $47.5154 $49.8923 $52.3846 $4,191 $4,400 $2,978 $3,127 $3,283 $3,448 $3,620 $4,400 $4,620 $4,8s1 $5,094 $5,348 $1,829 $1,920 $2,016 $2,117 $2,222 $2,701 $2,837 $2,978 $3,127 $3,283 $4,400 $4,620 $4,8s1 $5,094 $5,348 $3,448 $3,620 $3,801 $3,991 $4,191 NE M25 $114,408 $120,132 $126,132 $132,444 $139,056 $89,640 $94,1 28 $98,832 $103,776 $108,960 $9,534 $10,01 1 $10,51 1 $11,037 $11,s88 $7,470 $7,844 $8,236 $8,648 $9,080 8035 Electric Operator r30 Class Code Ocnrrnational .loh Familip:s, and .lnh Clasqps FLSA PAY New Annual Monthly Hourly Pay Pe:riodfdilr!i= * Corection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Programmer Analyst - Adopted CG Feb 3 2015 City of Vernon Classification and Gompensation Plan Effective December 28, 2014 8 of 19 8050 Metering Technician 8045 Power Plant Operator 8055 SubstationTechnician 8030 UtilitiesDispatcher 8025 Utilities Dispatcher, Senior 8015 Utilities Operations Manager $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 $49.8923 $3,991 $52.3846 $4,191 $55.0038 $4,400 $57.7558 $4,620 $60.6404 $4,851 $s2.3846 $4,191 $55.0038 $4,400 $57.75s8 $4,620 $60.6404 $4,851 $63.6750 $5,094 $63.67s0 $s,094 $66.8538 $s,348 $70.2000 $s,616 $73.7077 $5,897 $77.3942 $6,192 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 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 $85,368 $89,640 $94,128 $98,832 $103,776 $81,300 $85,368 $8s,640 $94,128 $98,832 $85,368 $89,640 $94,128 $98,832 $103,776 $103,776 $108,960 $114,408 $120,132 $126,132 $108,960 $114,408 $120,132 $126,132 $132,444 $132,444 $139,056 $146,016 $153,312 $160,980 $85,368 $89,640 $94,128 $98,832 $103,776 $7,114 $7,470 $7,844 $8,236 $8,648 $6,77s $7,114 $7,470 $7,844 $8,236 $7,114 $7,470 $7,844 $8,236 $8,648 $8,648 $9,080 $9,534 $10,01 1 $10,511 $9,080 $9,534 $10,01 1 $10,511 $11,037 $11,037 $11,588 $12,168 $12,776 $13,415 $7,114 $7,470 $7,844 $8,236 $8,648 $41.0423 $43.0962 $45.2538 $47.5154 $49.8923 $3,283 $3,448 $3,620 $3,801 $3,991 NE 128 NE t34 8130 Associate Electrical Engineer t29 Class Code Occuplit lJob Families and Job Gl'asses FLSA PAY NEW Annual Monthly 'Hourly Pay PeriodGRADE ' Conection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Prcgrammer Analyst - Adopted CG Feb 3 2015 Gity of Vernon 9 of 19 Classification and Compensation Plan Effective Decemb er 28, 2014 8140 Computer Aided Drafting Technician 8125 Electrical Engineer 81 15 Supervising Electrical Engineer 81 10 Utilities Engineering Manager 8215 Gas Systems Specialist 8210 Gas Systems Superintendent $26.4577 $2,117 $27.7788 $2,222 $29.1692 $2,334 $30.6231 $2,450 $s2.1577 $2,573 $34.0673 $2,725 $45.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 $52.3846 $4,191 $55.0038 $4,400 $49.8923 $3,991 $52.3846 $4,191 $55.0038 $4,400 $57.7s58 $4,620 $60.6404 $4,851 $70.2000 $5,616 $73.7077 $5,897 $77.3942 $6,192 $81.2654 $6,501 $85.3327 $6,827 Step 1 Step 2 Step 3 Step 4 Step 5 Y1 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 YC1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 NE M33 $55,032 $57,780 $60,672 $63,696 $66,888 $70,860 $94,128 $98,832 $103,776 $108,960 $114,408 $103,776 $108,960 $114,408 $120,132 $126,132 $146,016 $153,312 $160,980 $169,032 $177,492 $89,640 $94,128 $98,832 $103,776 $108,960 $109,656 $108,960 $114,408 $120,132 $126,132 $132,444 $73,752 $77,436 $81,300 $85,368 $4,586 $4,815 $5,056 $5,308 $5,574 $5,905 $7,844 $8,236 $8,648 $9,080 $9,534 $8,648 $e,080 $9,534 $10,01 1 $10,51 1 $12,168 $12,776 $13,415 $14,086 $14,791 $7,470 $7,844 $8,236 $8,648 $9,080 $9,1 38 $9,080 $9,534 $10,011 $10,511 $11,037 $6,146 $6,453 $6,775 $7,114 t31 t30 $43.0962 $4s.2538 $47.5154 $49.8923 $52.3846 $52.7192 $52.3846 $55.0038 $57.7558 $60.6404 $63.6750 $35.4577 $37.2288 $39.0865 $41.0423 $3,448 $3,620 $3,801 $3,991 $4,191 $4,2',18 $4,191 $4,400 $4,620 $4,851 $5,094 $2,837 $2,978 $3,127 $3,283 8220 Gas Systems Technician t26 Class Code OecuPational Job Fd ilies and Job Classes FLSA PAY, GRA.DE Hou rly Pay PeriodAnnualMonthly '* Conection to HR Director, Fire Chief and transfa.r lT Group - Remove Y-Rate Prognmmer Analyst - Adopted CC Feb 3 2015 City of Vernon Classification and Compensation PIan Effective Decemb er 28, 2014 10 of 19 $7,470 $43.0962 8435 Assistant Resource Scheduler 8430 Associate Resource Scheduler $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 $52.3846 $4,191 $73.7077 $5,897 $77.3942 $6,192 $81.2654 $6,501 $85.3327 $6,827 $89.5962 $7,168 $35.4s77 $2,837 $37.2288 $2,978 $39.0865 $3:t27 $41.0423 $3,283 $43.0962 $3,448 $55.0038 $4,400 $57.7558 $4,620 $60.6404 $4,851 $63.67s0 $5,094 $66.8538 $s,348 $47.51s4 $3,801 $49.8923 $3,991 $52.3846 $4,191 $s5.0038 $4,400 $57.7558 $4,620 128 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 Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 NE G26 NE $81,300 $85,368 $89,640 $94,1 28 $98,832 $89,640 $94,128 $98,832 $103,776 $108,960 $153,312 $160,980 $169,032 $177,492 $186,360 $73,752 $77,436 $81,300 $85,368 $89,640 $114,408 $120,132 $126,132 $132,444 $139,056 $98,832 $103,776 $108,960 $114,408 $120,132 $81 ,1 92 $76,9s6 $72,948 $6,775 $7,114 $7,470 $7,844 $8,236 $7,470 $7,844 $8,236 $8,648 $9,080 $12,776 $13,415 $14,086 $14,791 $15,530 $6,146 $6,453 $6,775 $7,114 $7,470 $9,5s4 $10,011 $10,51 1 $11,037 $11,588 $8,236 $8,648 $9,080 $9,534 $10,01 1 $6,766 $6,413 $6,079 M41 t35 $39.0346 $36.9981 $3s.0712 $3,123 $2,960 $2,806 8315 Telecommunications Specialist Class Code Occupational Job Families and Job Classes FLSA PAY GRADE New Annual Month,ly Hourly Pay Period 'Conection to HR Director, Fire Chief and transhr lT Group - Remove Y-Rate Programmer Analyst - Adopted CC Feb 3 2015 NE s320 Gity of Vernon Classification and Compensation PIan Effective December 28, 2014 11 ot 19 8310 Telecommunications Systems Engineer Step 4 Step 5 Step 6 Step 7 Step 8 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 2015 Deputy Dir. of Health & Environmental Control Step 1 Step 2 Step 3 Step 4 Step 5 2010 Director of Health and Environmental Control Min Max 2030 EnvironmentalSpecialist Step 1 Step 2 Step 3 Step 4 Step 5 2025 Environmental Specialist, Senior Step 1 Step 2 Step 3 Step 4 Step 5 Grandfathered - Hired before July 1, 2014 G1 Grandfathered - Hired before July 1, 2014 G2 Grandfathered - Hired before July 1, 2014 G3 Grandfathered - Hired before July 1, 2014 G4 $69,144 $65,544 $62,124 $58,884 $55,812 $109,656 $103,944 $98,520 $93,384 $88,s12 $83,892 $79,524 $75,384 $5,762 $5,462 $5,177 $4,907 $4,651 $9,1 38 $8,662 $8,210 $7,782 $7,376 $6,991 $6,627 $6,282 $33.2423 $31.s115 $29.8673 $28.3096 $26.8327 $52.7192 $49.9731 $47.3654 $44.8962 $42.s538 $40.3327 $38.2327 $36.2423 $2,659 $2,521 $2,389 $2,265 $2,',|47 $4,218 $3,998 $3,789 $3,592 $3,404 $3,227 $3,0s9 $2,899 M35 E43 NE G24 $114,408 $120,132 $126,132 $132,444 $139,056 $169,032 $205,452 $66,888 $70,224 $73,752 $77,436 $81,300 $81,300 $85,368 $89,640 $94,128 $98,832 $9s,916 $1 01 ,1 96 $106,764 $112,632 $146,016 $177,492 $9,534 $10,01 1 $10,s1 1 $11,037 $11,588 $14,086 $17,121 $s,574 $5,852 $6,146 $6,453 $6,775 $6,775 $7,114 $7,470 $7,844 $8,236 $7,993 $8,433 $8,897 $9,386 $55.0038 $4,400 $57.7558 $4,620 $60.6404 $4,851 $63.6750 $5,094 $66.8538 $5,348 $81.2654 $6,501 $98.7750 $7,902 $32.1577 $2,573 $33.7615 $2,701 $3s.4577 $2,837 $37.2288 $2,978 $39.086s $3,127 $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $46.1 1 35 $3,689 $48.6519 $3,892 $51.3288 $4,106 $54.1500 $4,332 Min Max $12,168 $14,791 $70.2000 $5,616.00 $85.3327 $6,826.62 1410 Director of Human Resources Occupational Job Families and Job Classes Y-Rate Prcgrammer Analyst - Adopted CG Feb 3 2015 NE 5330 City of Vernon Classification and Compensation Plan Effective December 28, 201 4 12 ol 19 1420 Human Resources Analyst 1415 Human Resources Analyst, Senior 1425 Human Resources Assistant 4035 Police Cadet 4015 Police Captain 4010 Police Chief $18.0577 $1,445 $17.1173 $1,369 $16.2288 $1,298 $15.3808 $1,230 $14.5788 $1,166 $13.8173 $1 ,105 $13.1019 $1 ,048 $12.4154 $993 $66.8538 $5,348 $70.2000 $5,616 $73.7077 $5,897 $77.3942 $6,192 $81.26s4 $6,501 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 6 Step 7 Step 8 Step 1 Step 2 Step 3 Step 4 Step 5 NE c26 NE 31 80 PM39 $73,752 $77,436 $81,300 $85,368 $89,640 $98,832 $103,776 $108,960 $114,408 $120J32 $47,544 $49,908 $52,416 $55,032 $57,780 $37,560 $35,604 $33,756 $31,992 $30,324 $28,740 $27,252 $25,824 $139,056 $146,016 $153,312 $160,980 $169,032 $195,672 $237,840 $120J32 $126,132 $132,444 $139,056 $6,146 $6,453 $6,775 $7,114 $7,470 $8,236 $8,648 $9,080 $9,534 $10,011 $3,962 $4,159 $4,368 $4,586 $4,815 $35.4577 $37.2288 $39.0865 $41.0423 $43.0962 $47.5154 $49.8923 $52.3846 $55.0038 $57.7558 $22.8577 $23.9942 $25.2000 $26.4577 $27.7788 $94.0731 $114.3462 $57.7558 $60.6404 $63.67s0 $66.8538 $2,836.62 $2,978.31 $3,126.92 $3,283.38 $3,447.69 $3,801.23 $3,991.38 $4,190.77 $4,400.31 $4,620.46 $1,828.62 $1,919.54 $2,016.00 $2,116.62 $2,222.31 c17NE E $3,130 $2,967 $2,813 $2,666 $2,527 $2,395 $2,271 $2,152 $11,588 $12,168 $12,776 $13,415 $14,086 $16,306 $19,820 $10,011 $10,511 $11,037 $11,588 Min Max $7,526 $9,148 $4,620 $4,851 $5,094 $5,348 Step 1 Step 2 Step 3 Step 4 4020 Police Lieutenant NE 46 Occuoational Job Families and Joh Clas-ses FLSA PAY New urass Code Annual Monthly Hourly Pay PeriodGRADE " Corection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Prcgrammer Analyst - Adopted CG Feb 3 2015 Y1 City of Vernon 13 of 19 Classification and Compensation Plan Effective December 28, 201 4 4030 Police Officer 4025 Police Sergeant 4125 Civilian Court Officer 4130 Police Dispatcher 4115 Police Dispatcher, Lead $33.7615 $2,701 $35.4577 $2,837 $37.2288 $2,978 $39.0865 $3,127 $41.0423 $3,283 $40.2808 $3,222 $42.5019 $3,400 $44.8327 $3,587 $43.0962 $3,448 $4s.2538 $3,620 $47.51s4 $3,801 $49.8923 $3,991 $s2.3846 $4,191 $49.0442 $3,924 $51 .7385 $4,139 $54.s885 $4,367 $22.8577 $1,829 $23.9942 $1,920 $25.2000 $2,016 $26.4577 $2,117 $27.7788 $2,222 $23.9942 $1,920 $2s.2000 $2,016 $26.4577 $2,117 $27.7788 $2,222 $29.1692 $2,334 $26.4577 $2,117 $27.7788 $2,222 $29.1692 $2,334 $24.7673 $1,981 $32.1577 $2,573 $37.2288 $2,978 $39.0865 $3,127 $4',t.0423 $3,283 $43.0962 $3,448 $4s.25s8 $3,620 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 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 NE PO25 G17 G18 NE G20 $70,224 $73,752 $77,436 $81,300 $85,368 $83,784 $88,404 $93,252 $89,640 $94,128 $98,832 $103,776 $108,960 $102,012 $107,616 $1 13,544 $5,852 $6,146 $6,453 $6,775 $7,114 $6,982 $7,367 $7,77'l $7,470 $7,844 $8,236 $8,648 $9,080 $8,s01 $8,968 $9,462 $3,962 $4,159 $4,368 $4,586 $4,815 $4,159 $4,368 $4,586 $4,81s $5,056 $4,586 $4,815 $5,056 $4,293 $5,s74 $6,453 $6,775 $7,114 $7,470 $7,844 $47,544 $49,908 $52,416 $5s,032 $57,780 $49,908 $52,416 $5s,032 $s7,780 $60,672 $55,032 $s7,780 $60,672 $51,516 $66,888 $77,436 $81,300 $85,368 $89,640 $94,128 4110 Police Records Manager FLSA PAY ,AE,AhE New 'Oicu'pational Job Far,nilies and Job Classes Annual Monthly Flou rly |Pgy.Pgy,iod ' Conection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Programmer Analyst - Adopted CC- Feb 3 2015 $5,616 Gity of Vernon Classification and Compensation Plan Effective December 28, 2014 14 of 19 4135 Police Records Technician 4120 Police Records Technician, Lead 7225 Eledrical lnspector Step 1 Step 2 Step 3 Step 4 Step 5 Y1 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 Step 1 Step 2 Step 3 Step 4 Step 5 NE G14 G25 $132,444 $139,056 $146,016 $153,312 $160,980 $19s,672 $237,840 $41,076 $43,116 $45,276 $47,544 $49,908 $s1,540 $4s,276 $47,s44 $49,908 $52,416 $55,032 $77,436 $81,300 $85,368 $89,640 $94,128 $96,612 $70,224 $73,752 $77,436 $81,300 $85,368 $47,544 $49,908 $52,416 $55,032 $s7,780 $3,423 $3,593 $3,773 $3,962 $4,1s9 $4,295 $3,773 $3,962 $4,159 $4,368 $4,586 $11,037 $11,588 $12,168 $12,776 $13,415 $16,306 $19,820 G16 $19.7481 $20.7288 $21.7673 $22.8577 $23.9942 $24.7788 $21.7673 $22.8577 $23.9942 $25.2000 $26.4577 $1,s80 $1,658 $1,741 $1,829 $1,920 $1,982 $1,741 $1,829 $1,920 $2,016 $2,117 $63.6750 $5,094 $66.8538 $5,348 $70.2000 $s,616 $73.7077 $5,897 $77.3942 $6,192 $94.0731 $7,526 $114.3462 $9,148 70'15 Deputy Director of PW, Water and Dev. Serv Step 1 Step 2 Step 3 Step 4 Step 5 7010 Director of PW, Water and Development Serv Min Max 7215 Building lnspector, Senior $6,453 $6,77s $7,114 $7,470 $7,844 $8,051 $5,852 $6,146 $6,4s3 $6,775 $7,114 $3,962 $4,1 59 $4,368 $4,586 $4,815 $37.2288 $2,978 $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $46.4481 $3,716 $33.7615 $2,701 $3s.4577 $2,837 $37.2288 $2,978 $39.086s $3,127 $41.0423 $3,283 $22.8577 $1,829 $23.9942 $1,920 $25.2000 $2,016 $26.4577 $2,117 $27.7788 $2,222 7250 Permit Technician G17 Class Code Occu6Ctli6iiil, Joh Families and .loh Clasqps FLSA PAY New Pay PeriodAnnualMonthlyI'lo u rlyGRADE ' Conection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Programmer Analyst - Adopted CG Feb 3 2015 City of Vernon Glassification and Compensation Plan Effective December 28, 2014 15 of '19 Assistant Planner 7235 Plumbing and Mechanical lnspector 7140 Assistant Engineer 7135 Associate Engineer 71 18 Civil Engineer 7145 Engineering Aide $2,334 $2,450 $2,573 $2,701 $2,837 $2,701 $2,837 $2,978 $3,127 s3,283 $32.1577 $2,573 $33.761s $2,701 $35.4577 $2,537 $37.2288 $2,978 $39.0865 $3,127 $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $47.5154 $3,801 $49.8923 $3,991 $s2.3846 $4,191 $55.0038 $4,400 $57.7558 $4,620 $27.7788 $2,222 $29.1692 $2,334 $30.6231 $2,4s0 $32.1577 $2,573 $33.7615 $2,701 $57.7558 $4,620 $60.6404 $4,851 $63.6750 $5,094 $66.8538 $5,348 $70.2000 $5,616 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 'l Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 $60,672 $63,696 $66,888 $70,224 $73,752 $70,224 $73,752 $77 ,436 $81,300 $8s,368 $66,888 $70,224 $73,752 $77 ,436 $81,300 $81,300 $85,368 $89,640 $94,128 $98,832 $98,832 $103,776 $108,960 $114,408 $120,132 $57,780 $60,672 $63,696 $66,888 $70,224 $120,132 $126,132 $132,444 $139,056 $146,016 $5,056 $5,308 $5,574 $s,852 $6,146 $5,852 $6,146 $6,453 $6,775 $7,114 $5,574 $s,852 $6,146 $6,453 $6,775 $6,775 $7,',t14 $7 ,470 $7,U4 $8,236 $8,236 $8,648 $9,080 $9,534 $10,011 $4,815 $5,056 $5,308 $5,574 $5,852 $10,01 1 $10,511 $1'r ,037 $11,588 $12,168 $29.1692 $30.6231 $32.1577 $33.761s $35.4577 $33.761s $35.4577 $37 .2288 $39.0865 $41.0423 71 15 Principal Civil Engineer City of Vernon Classification and Compensation Plan Effective December 28, 2014 16 of 19 7120 Project Engineer 7125 Stormwater and Special Projects Analyst 7720 F acililies Maintenance Worker 7735 Facilities Maintenance Worker, Lead 7730 Facilities Maintenance Worker, Senior 7530 Mechanic 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 YC1 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 NE G30 G27 G16 NE G22 G18 G19 $89,640 $94,128 $98,832 $103,776 $108,960 $77,436 $81,300 $85,368 $89,640 $94,128 $7,470 $7,844 $8,236 $8,648 $9,080 $6,453 $6,775 $7,114 $7,470 $7,W $3,773 $3,962 $4,159 $4,368 $4,586 $5,056 $s,308 $5,574 $5,852 $6,146 $6,234 $4,159 $4,368 $4,586 $4,815 $s,056 $43.0962 $45.2538 $47.5154 $49.8923 $52.3846 $37.2288 $39.0865 $4',1.0423 $43.0962 $45.2538 $2s.2000 $26.4577 $27.7788 $29.1692 $30.6231 $30.6231 $32.1577 $33.7615 $35.4s77 $3,448 $3,620 $3,801 $3,991 $4,191 $2,978 $3,127 $3,283 $3,448 $3,620 $2,016 $2,117 $2,222 $2,334 $2,450 $2,450 $2,573 $2,701 $2,837 $45,276 $47,s44 $49,908 $52,416 $55,032 $60,672 $63,696 $66,888 $70,224 $73,752 $74,808 $49,908 $52,416 $55,032 $57,780 $60,672 $21.7673 $1,741 $22.8577 $1,829 $23.9942 $1,920 $25.2000 $2,016 $26.4577 $2,117 $29.1692 $2,334 $30.6231 $2,450 $32.1s77 $2,s73 $33.7615 $2,701 $35.4577 $2,837 $35.9654 $2,877 $23.9942 $1,920 $25.2000 $2,016 $26.4577 $2,117 $27.7788 $2,222 $29.1692 $2,334 $52,416 $55,032 $s7,780 $60,672 $63,696 $63,696 $66,888 $70,224 $73,752 $4,368 $4,586 $4,815 $5,0s6 $5,308 $5,308 $5,574 $s,8s2 $6,146 7520 Mechanic, Lead Clas,s Code Ote'uoational Job Fiiiiilies and Job Classes FLSA PAY New Pay PeriodAnnualMonthlyHourly 'Conection to HR Director, Fire Chief and transhr lT Group - Remove Y-Rate Prognmmer Analyst - Adopted CC Feb 3 2015 City of Vernon 17 of 19 Classification and Compensation Plan Effective December 28, 2014 7525 Mechanic, Senior 7830 Meter Reader 7820 Meter Reader, Lead 7430 Street Maintenance Worker 7425 Street Maintenance Worker, Senior 7630 Warehouse Worker 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 Step 1 Step 2 Step 3 Step 4 Step 5 G18 NE G20 G15 G18 G16 $49,908 $52,416 $ss,032 $57,780 $60,672 $55,032 $57,780 $60,672 $63,696 $66,888 $43,116 $45,276 $47,544 $49,908 $52,416 $49,908 $52,416 $55,032 $s7,780 $60,672 $6,453 $4,815 $5,056 $s,308 $5,574 $5,852 $4,1s9 $4,368 $4,586 $4,815 $5,056 $4,586 $4,815 $5,056 $5,308 $5,574 $3,593 $3,773 $3,962 $4,159 $4,368 $4,159 $4,368 $4,586 $4,815 $5,056 $37.2288 $27.7788 $29.1692 $30.6231 $32.1s77 $33.761s $23.9942 $25.2000 $26.4s77 $27.7788 $29.1692 $26.4577 $27.7788 $29.1692 $30.6231 $32.1577 $20.7288 $21.7673 $22.8s77 $23.9942 $25.2000 $23.9942 $25.2000 $26.4577 $27.7788 $29.1692 $21.7673 $22.8577 $23.9942 $25.2000 $26.4577 $27.7788 $29.1692 $2,978 $2,222 $2,3s4 $2,450 $2,573 $2,701 $1,920 $2,016 $2,',l17 $2,222 $2,334 $2,117 $2,222 $2,334 $2,450 $2,573 $1,658 $1,741 $1,829 $1,920 $2,016 $1,920 $2,016 $2,117 $2,222 $2,334 $1,741 $1,829 $1,920 $2,016 $2,117 $2,222 $2,334 $77,436 G21 $57,780 $60,672 $63,696 $66,888 $70,224 Step 1 Step 2 $4s,276 $47,544 $49,908 $52,416 $55,032 $57,780 $60,672 $3,773 $3,962 $4,159 $4,s68 $4,586 $4,815 $5,056 7620 Warehouse Worker, Lead G21 Class Code Occupational Job Families and Job Classes FLSA PAY GRADE New Annual Monthly Hourly Pay Period ' Corection to HR Director, Fire Chief and transfer lT Group - Remove Y-Rate Programmer Analyst - Adopted CC- Feb 3 2015 NeI luarnlenan"" .rtoriT City of Vernon Classification and Compensation Plan Effective Decemb er 28, 2014 18 of 19 7625 Warehouse Worker, Senior 7330 Public Works Foreman 7320 Public Works and Water Foreman 7310 Public Works and Water Superintendent 7130 Public Works Project Coordinator Step 3 Step 4 Step 5 Y1 Step 1 Step 2 Step 3 Step 4 Step 5 $63,696 $66,888 $70,224 $73,704 $49,908 $52,416 $55,032 $s7,780 $60,672 $73,752 $77,436 $81,300 $85,368 $89,640 $81,300 $85,368 $89,640 $94,128 $98,832 $103,776 $108,960 $114,408 $120,',t32 $126,132 $85,368 $89,640 $94,128 $98,832 $103,776 $85,368 $89,640 $94,128 $98,832 $103,776 $5,308 $5,574 $s,852 $6,142 $4,159 $4,368 $4,586 $4,81s $5,056 $6,146 $6,453 $6,775 $7,114 $7,470 $6,775 $7,114 $7,470 $7,844 $8,236 $8,648 $9,080 $9,s34 $10,011 $10,511 $7,114 $7,470 $7,844 $8,236 $8,648 $7,114 $7,470 $7,844 $8,2s6 $8,648 $30.6231 $32.1577 $33.761s $35.4346 $23.9942 $25.2000 $26.4577 $27.7788 $29.1692 $2,450 $2,573 $2,701 $2,835 $1,920 $2,016 $2,117 $2,222 $2,334 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 G18 G29 $35.4577 $2,837 $37.2288 $2,978 $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $39.0865 $3,127 $41.0423 $3,283 $43.0962 $3,448 $45.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 $52.3846 $4,191 $55.0038 $4,400 $57.7558 $4,620 $60.6404 $4,8s1 $41.0423 $3,283 $43.0962 $3,2148 $4s.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 $41.0423 $3,283 $43.0962 $s,448 $45.2538 $3,620 $47.5154 $3,801 $49.8923 $3,991 7132 Public Works Water Project Coordinator G29 (llacc Occunational .loh Familipq and .lnh Claqqps FLSA PAY New Annual Monthly Hourly Pay PeriodCode ' Corection to HR Director, Fire Chief and trunsfer lT Group - Remove Y-Rate Programmer Analyst - Adopted CC- Feb 3 2015 City of Vernon Classification and Compensation Plan Effective Decemb er 28, 2014 19 of 19 7325 Street and Water Crew Leader 7930 Water Maintenance Worker 7925 Water 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 $66,888 $70,224 $73,752 $77,436 $81,300 $47,544 $49,908 $52,416 $5s,032 $57,780 $60,672 $63,696 $66,888 $70,224 $73,752 $5,574 $5,852 $6,146 $6,453 $6,775 $3,962 $4,159 $4,368 $4,586 $4,815 $5,056 $5,308 $5,574 $5,852 $6,146 $32.1577 $33.7615 $3s.4s77 $37.2288 $39.0865 $22.8577 $23.9942 $25.2000 $26.4s77 $27.7788 $29.1692 $30.6231 $32.1577 $33.7615 $35.4577 $2,573 $2,701 $2,837 $2,978 $3,'t27 $1,829 $1,920 $2,016 $2,117 $2,222 $2,334 $2,450 $2,573 $2,701 $2,837 G17 (1la c s Occupational Job Families and Job Classes FLSA PAY GRADE NEW Annual Monthly Hourly Pay PeriodCode ' Conection to HR Director, Fire Chief and tnnsfer lT Group - Remove Y-Rate Prcgrammer Analyst - Adopted CG Feb 3 2015 REGEIVED JAN 2 8 2015 CITY CLERKS OFFICE STAFF REPORT CITY ADM!NISTRATION DATE: TO: FROM: RE: February 3,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator Appointment to the Vacant Vernon Area CommUNITY Fund Grant Committee resentative Seat on the Vernon Recommendations It is recommended that the City Council: 1) Find that the appointment of individuals to serve on the Vernon CommUNITY Fund Grant Committee is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Appoint one of the following two candidates to fill the vacant Vernon Area Representative seat on the Vernon CommUNITY Fund Grant Committee:r Norma E. Rodriguez. Rafael Gorzalez Background Due to the recent resignation of Yolie Flores from the Vernon CommUNITY Fund Grant Committee ("Grant Committee"), one of the three Vernon Area Representative seats is vacant and needs to be filled. Two of the four remaining candidates identified during the initial appointment round have confirmed their continued interest in serving on the Grant Committee. Their names and brief biographies are listed below: Norma E. Fernandez, Technology Adoption Manager EveryoneOn Technology Norma E. Fernandez serves as the Technology Adoption Manager in Califomia for EveryoneOn, a national non-profit dedicated to eliminating the digital divide. Prior to her work at EveryoneOn, Norma was with the Los Angeles Unified School District where she served as Program Coordinator in the Small Business Enterprise and We Build Unit. In this role she was responsible for fostering partnerships with public agencies, business associations and small business stakeholders to facilitate access to LAUSD's construction pre-apprentice training and local hire program for LAUSD residents. Ms. Fernandez also previously served as Program Manager with the Los Angeles Neighborhood Initiative where she managed community outreach efforts and the construction of several neighborhood revitalization projects, experiences which have prepared her for the responsibilities of the Vernon CommUNITY Fund Grant Committee should she be selected. Rafael G onzalez, Director, Best Start Communities Department First 5 LA Rafael Gor:v;alez was recently appointed as the Director of the Best Start Communities Department at First 5 LA, where he is responsible for First 5 LA's ongoing work to support young children and their parents in 14 communities across Los Angeles. Prior to First 5 LA, Rafael was with the Los Angeles Dodgers where he served as Director of Community Relations and was responsible for building a strong and proactive partnership with the commturity. Previously, he served as Chief Service Officer and Director of Neighborhood & Community Services for City of Los Angeles Mayor Antonio Villaraigosa, where he developed and led "We Serye LA", the civic engagement initiative of the City of Los Angeles, and directed the Mayor's city-wide field operation and community relations team. He served as Executive Director of Public Allies - Los Angeles, a community development and service organization that created opportunities for diverse young leaders to practice Ieadership and strengthen communities in nonprofit organrzations in Los Angeles; and Collective SPACE (Social Power through Action & Community Education), a community based organization in the MacArthur Park/Westlake community with a mission of building an informed and active citizenry to bring about social change through grassroots organizing, education and leadership development. Mr. Gonzalez has a demonstrated connection to the communities in southeast Los Angeles, is bilingual and will bring core competencies in community relations and public-private partnership to the Vemon CommUNITY Fund Grant Committee. It is recommended that the Council appoint one of the two aforementioned individuals to frll the vacant Vemon Area Representative seat. The term for this seat expires June 30, 2017. Fiscal Impact There is no cost associated with the appointment of members to the Vernon CommUNITY Fund Grant Committee. Attachments STAFF REPORT CITY ADMINISTRATION REcc!I\/ED JAN 2 8 2015 CITY CLTR1('S OFFICE DATE: TO: FROM: RE: February 3,2015 Honorable Mayor and City Council Mark C. Whitworth, City Administrator Adoption of Amended Form At-Will Employment Agreements for City Of Vernon Executive and Staff Attorney Positions Recommendations It is recommended that the City Council: l) Find that approval of the proposed form at-will employment agreements for City of Vemon executive staff are exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Approve and adopt the attached amended form at-will employment agreements (safety and non-safety) to be used for City of Vernon executives and staff attorneys (except the City Administrator and City Attorney). 3) Authorize the City Administrator or City Attorney to complete, execute, and when applicable, renew the appropriate form at-will employment agteement for each current and newly hired executive and staffattorney. Backsround On May 7, 2013, in line with the City's good governance reforms, the City Council adopted a form at-will employment agreement to be used for all City of Vernon executive positions, except the City Administrator and City Attomey. On October l, 2014, the City Council approved the designation of the Deputy City Attorney classification rts an at-will position. As such, it is recommended that the same at-will employment agreement used for executive positions be used for the Deputy City Attomey position and any futtre staffattorney positions that may be created. After a recent review of the form at-will employment agreement, a few minor revisions are recommended as outlined in the redline copies attached as Exhibit A (Non-Safety) and Exhibit B (Safety). Fiscal Impact None. Exhibit A At-Will Employment Agreement (Non-Safety) AT.WILL EMPLOYMENT AGREEMENT (NON-SAFETY) BETWEEN THE CITY OF VERNON AND Insert Employee Name] ('Employee"). Recitals City desires to employ Employee as an at-will employee in the position of flnsert Positionl. Employee desires to be the finsert Position] and acknowledges that such employment is atwill. The City Administrator, pursuant to the authority granted by the City of Vemon Charter and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and conditions identified below. AGREEMENT Section '1 : The fe+m-effective date of this Agreement shall be ffevisiens-€f+his4g{€€m€* Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will employee and may be terminated, with or without cause, upon thirty (30) days written notice. and lvith er \ ithest netice; at any time by the City4dminist+ate+ Employee may resign with thirty (30) days advance notice as set forth in Section 98 below. Section 2: DUTIES A. City engages Employee as the lnsert Position] to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the [City Administratoricity Attorney], from time to time, and to perform such other legally permissible and proper duties and functions as the [City Administrator/City Attorney] shall, from time to time, assign. B. Employee agrees that to the best of his/her ability and experience that he/she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the [City Administrator/City Attorneyl, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. January 2015 E. Employee acknowledges that in connection with the performance of his/her duties, he/she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he/she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he/she has a question as to the confidentiality of information obtained in the course of his/her employment, he/she will contact the City AdministraterC ity Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his/her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the [City AdministratoriCity Attorney]. This does not preclude Employee from volunteering his/her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than , per year, payable in twenty- six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit +increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the [City Administrator/City Attorneyl based upon the [City Administrato/s/City Attorney's] evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Seetien 5: PERFeRMANCE REVIEWS AND MERIT ADJUSTMENTS Annually, er mere frequently at the diseretien ef the City Administrater' the City Admrnistrater will define geals and perfermanee ebjeetives fer Empleyee, Said geals and Empleyee will reeeive an evaluatien srx menths frem the hire date established in this Agreement Section 65: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7o/o @ 55 e+4€%-et€+benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit 2 January 2015 formula for "new" miscellaneous employees. The eEmployee pays r the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Defened Compensation- and other types of leave in accordance with the Personnel and Policies and Procedures Manual Section 76: TERMINATION AND SEVERANCE PAY A. Employee is an at-will employee and serves at the will and pleasure of the [City Administrator/City Attorneyl and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. ln the event that Employee is terminated by the [City Administrator/City Attorney] for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his/her obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "8" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to him/her or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. A+Upon termination, Employee shall be paid for all earned, but unused, vacation time. SectionST: EXECUTIVECOMPENSATIONLIMITATIONS lf Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. lf Employee is provided funds for any legal criminal defense during his/her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. lf this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. -3- January 2015 I Section s8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his/her resignation or retirement. ln the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 7, paragraph B, above. I Section 1€9: DISABILITY lf Employee is permanently disabled or othenivise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as I delineated in Section 87 of this Agreement. ln cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. I Section 140: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: I TO CITY: [City Administrator/City Attorney] City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: XXXXXXXXXX xxxxxxxxxx xxxxx, xx xxxxx B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the 4 January 2015 I Employee and the [City Administrator/City Attorney] and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability ln the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on [insert date - should be the same as the initial date of the terml. [Signatures Begin on Next Page]. 5 January 2015 lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed in-on its behalf by its [City Administrator/City Attorney], and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: [Mark C. Whitworth, City Administrator or Hema P. Patel, City Attorneyl ATTEST: Ana Barcia, Deputy City Clerk Approved as to form: Hema Patel, City Attorney 6 January 2015 ln signing this Agreement, Employee understands and agrees that his/her employment status is that of an at-will employee and that his/her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he/she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Employee 7 January 2015 Signed: ATTACHMENT A Job Description 8 January 2015 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Proteclion Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment retationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code $1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Employee 9 January 20't5 Exhibit B At-Will Employment Agreement (Safety) AT-WILL EMPLOYMENT AGREEMENT (SAFETY) BETWEEN THE CITY OF VERNON AND Insert Employee Name] ('Employee"). Recitals City desires to employ Employee as an at-will employee in the position of flnsert Positionl. Employee desires to be the nsert Positionl and acknowledges that such employment is at-will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at-will employee, sublect to the terms and conditions identified below. AGREEMENT Section 1 : TERM The ta+m-effective date of this Agreement shall b preyisions-€f+h+E+greem€n+ Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an afwill employee and may be terminated, with or withoutcause,uponthirty(30)dayswrittennotice. eiry+dmiFistFa+e+ Employee may resign with thirty (30) days advance notice as set forth in Section 98 below. Section 2: DUTIES A. City engages Employee as the flnsert Position] to perform the funclions and duties specified in the job description for the position (Attachment'A", incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his/her ability and experience that he/she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Drive/s license. January 2015 E. Employee acknowledges that in connection with the performance of his/her duties, he/she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he/she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he/she has a question as to the confidentiality of information obtained in the course of his/her employment; he/she will contact the City Admini€tra+€rECity Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his/her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his/her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $per year, payable in twenty- six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit lincreases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrato/s evaluation of Employee's job performance and within the base salary range established by the City Council or as othenivise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Annually; er mere frequently at th€ discretien ef the eity Administraterr the eity Empleyee will reeeive an evaluatien six menths frem the hire date established in this Agreement E+lpleyee may! at the diseretren ef the eity Administrater; re6eive a salary adjustment (Ment Section 65: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 30 @ 50 benefit formula for sworn public safety employees or lh|e 2.5ok at 57 benefit formula for "new" sworn public safety employees. The Employee pays r the employee contribution to PERS. 2 January 2015 B. Other Executive Management benefiE Employee shall receive all benefits specified by the then cunent Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation., and other types of leave in accordance with the Personnel and Policies and Procedures Manual. C. Other Public Safety Related Benefits Employee shall receive all benefits and special pay specified by the then current Resolutions of City Council pertaining to [Police/Fire] Management Personnel and any benefits specified specifically for the nsert Position], including Medical and Dental lnsurance. Any such special pay is in addition to the base salary amount, and examples of special pay include [lnsert Special Pay categories applicable to Positionl. D. Election of Benefits The following benefits are provided for both Executive Management Staff and [Police/Fire] Management Staff in differing amounts: Medical and Dental lnsurance, and Vacation and Administrative Leave. For the term of this Agreement, Employee has elected to receive Medical and Dental lnsurance, as provided to [Police/Fire] Management Personnel, and has elected to receive Vacation and Administrative Leave Policy, as provided to Executive Management Staff. As to any other benefits or special pay provided to both groups, Employee shall receive one benefit orthe other, and not both benefits, at his/her reasonable election, and as the City Administrator may approve. Section 76: TERMINATION AND SEVERANCE PAY A. Employee is an at-will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this sec{ion, and subject to the provisions of the flnsert Public Safety Officers Procedural Bill of Rights. (Government Code Sections, 3300, et seq.) or Firefighters Procedural Bill of Rights Act.(Government Code Section 3250, et seq.)l B. ln the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in Paragraph E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his/her obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to him/her or abuse of his office or position or any felony or a breach of this Agreement, City shall have no obligation to pay any severance provided in this -3-January 20'15 section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. AtUpon termination, Employee shall be paid for all earned, but unused, vacation time. SectionST: EXECUTIVECOMPENSATIONLIMITATIONS lf Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. lf Employee is provided funds for any legal criminal defense during his/her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. lf this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. Section 98: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his/her resignation or retirement. ln the event Employee retires or resigns, Employee shall be entitled to payment for eamed, but unused, vacation time, but not to severance pay as delineated in Section 7, paragraph B, above. Section {€9: DISABILITY lf Employee is permanently disabled or otherwise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation orthe Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as I delineated in Section 87 of this Agreement. ln cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. I Seaion 140: GENERAL PROVISIONS A. 4 January 2015 Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY:City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: XXXXXXXXXXX xxxxxxxxxxx XXXXX, XX XXXXX B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability ln the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on [insert date - should be the same as the initial date of the terml. 5 January 2015 [Signatures Begin on Next Page]. -6-January 2015 lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed I and executed in-on its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: Mark C. Whitworth, City Administrator ATTEST: Ana Barcia, Deputy City Clerk Approved as to form: Hema Patel, City Attorney -7-January 2015 ln signing this Agreement, Employee understands and agrees that his/her employment status is that of an at-will employee and that his/her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he/she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Employee -8-January 2015 ATTACHMENT A Job Descriotion -9-January 2015 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $_ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code $'1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Employee - 10 -January 20'15 Dated: RECEIVED JAN 2 8 20t5 CIIY ADMINISTRATION JAN STAFF REPORT February 3,2015 Honorable Mayor and City Council William Fox, Director of Finance N4 Approval and Authorization to enter into an Afforney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe, LLP to serve as Bond & Disclosure Counsel to the City of Vernon relating to Electric Bond Financing Transactions REGE[VED 2I 2015 NY CLERKSOFFICE FINANCE DEPARTMENT DATE: TO: FROM: RE: 1. Recommendation It is recommended that the City Council: Find that the approval of the proposed agreement is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(bX3). The general rule is that CEQA only applies to activities that may have an effect on the environment. Legal services provided in a bond financing are not subject to CEQA. Approve the Attorney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe, LLP C'OrricK'), in substantially the same form as submitted herewith, and authorize the City Administrator to execute the Agreement for a one year period for an amount not-to-exceed $165,000.00 to serve as Bond & Disclosure Counsel for the upcoming Electric Bond Financing Transactions. This entails providing general bond counsel and disclosure counsel services. The cost for bond counsel services is $100,000 and disclosure counsel services is $65,000 for a total of $165,000. Competitive bidding is not required pursuant to Vernon Municipal Code Section 2.17.12(a)(10) (Professional Services). Based upon Orrick's in depth knowledge of the City's existing bond covenants, legal and technical expertise in municipal bond financing, outstanding legal representation on prior City electric bonding & tax transactions, and competitive market pricing obtained, it has been determined that the best interest of the City is served by a direct award of the contract. Backeround Orrick is a longstanding prominent law firm founded in San Francisco in 1863. The firm has 340 partners with over 2,500 employees in 25 offices worldwide. Orrick has three general areas of concentration including municipal, commercial, and corporate law. The Public Finance Group of Orrick specializes in municipal bond transactions will be responsible for handling the upcoming electric bond transaction. Orrick is ranked number one in the country as bond counsel according Thomson Reuters, an independent financial reporting agency. The most recent statistics available through September 30,2U,4 reflects that for the first nine months of 2014 Orrick has represented as Bond Counsel on 380 bond issues totaling $25.5 billion and as disclosure counsel of 54 bond issues totaling $12.2 billion. Experience Workins with Citv of Vernon Orrick has served as the City's bond counsel on it its bond financings for more than a decade. They have familiarity with prior electric bond financings and swap transaction obligations, as well as understanding client expectations. The Bond Financing Team that has been assembled by Orrick includes Eugene Carron, Lany Sobel, and Winnie Tsien. Each of these attorneys has worked on numerous prior electric bond financings and other matters for the City to help meet its capital needs. Recent experience includes: l The City's Electric System Revenue Bonds (2003 Series, 2004 Series, 2008 Series, 2009 Series and2012 Series) 2. The City's industrial Redevelopment Project, Tax Allocation Bonds (Series 2005 and Series 20ll) 3. The Vernon Natural Gas Financing Authority Variable Rate Revenue Bonds, 2006 Series A,2006 Series B and 2006 Series C. 4. Matters relating to the sale of the Malburg Generating Station. 5. Numerous other matters including issuance of various legal opinions, development of an innovative novation of the interest rate swap agreement, and representation in an IRS audit. Orrick's resources, knowledge, skills, and expertise with respect to the City's prior financings will be invaluable when dealing with this upcoming bond transaction. Bond Counsel Services The scope of bond counsel services in connection with the issuance of the bonds includes six key elements: 1. Consultation with all involved parties with respect to the timing, terms, and legal structure of the bonds. 2. Preparation of documents required for the authorization, sale, and issuance of bonds. This includes the preparation of the bond resolution, indenture, and the continuing disclosure requirements. 3. Preparation of the major legal documents required in the bond filing. 4. Attendance at meetings and hearings to provide legal advice related to the bond filing. 5. Preparation of final closing documents including filing instructions, escrow agreements, refunding instructions, and coordination of all required documents. 6. Rendering a legal opinion on the validity of the Bonds and the tax exempt status. The fees for the Bond Counsel Services are $100,000. These are provided on a fixed contingency basis. In the event the bond transaction does not occur. There will be no legal costs billed to the City. Disclosure Counsel Services. The scope for disclosure counsel includes performing legal services in connection with each offering ofeach series ofbonds. These services are categorized into four areas: l. Consultation with parties to the transaction with respecting to the timing, terms, and legal structure of the bonds. This includes compiling information about the City, financial structure, and other pertinent information. 2. Preparation of both the preliminary official statement and the official statement. 3. Review of relevant enacted and proposed legislation and case law to ensure the legality of the bond transaction. 4. Render an investor comfort letter following vouching that established disclosure guidelines are being followed. The total cost for the disclosure counsel services is $65,000. These are being provided on a fixed, contingency basis. In the event the financing is not closed there will be no cost to the City. Fiscal Impact The fiscal impact for the selection of Orrick to perform bond and disclosure counsel services is $165,000. This fee will be due and payable only if the bond transaction is closed. Should the bond transaction not occur there will be no cost to the City. Conclusion The selection of Orrick for legal and disclosure counsel services provides the City with a leading law firm that has the expertise and resources to effectively ensure legal requirements are being followed and adhered to. Orrick's reputation as a legal expert in the bond financing arena provides additional credibility and comfort to prospective investors in the City bond transaction. City Council is urged to approve the selection of Orrick. ATTORNEY SERVICES AGREEMENT (TMNSACTIONAL) BETWEEN THE CITY OF VERNON AND ORRICK, HERRINGTON & SUTCLIFFE LLP TO SERVE AS BOND & DISCLOSURE COUNSEL TO THE CITY OF VERNON RELATING TO ELECTRIC BOND FINANCING TRANSACTIONS COVER PAGE Associate Counsel: Onick, Henington & Sutcliffe LLP Responsible Principal of Associate Counsel: Eugene Carron, Esq. Notice lnformation - Associate Counsel: Onick, Herrington & Sutcliffe LLP 777 South Figueroa Street, Suite 3200 Los Angeles, CA 90017 Aftention: Eugene Carron, Esq. Phone: (2'13) 612-2425 Email: ecarron@onick.com Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vemon, CA 90058 Attention: William Fox, Director of Finance Telephone: (323) 583-881 1 ext. 849 Facsimile: (323) 816-1433 Commencement Date: February 3, 2015 Termination Date: June 30, 2015, or upon rinal acceptance of services Consideration: Total not to exceed $165,000.00 (includes all applicable sales tax) Records Retention Period Three (3) years, pursuant to Section 12.2 1 ATTORNEY SERVICES AGREEMENT (TMNSACTIONAL) BETWEEN THE CITY OF VERNON AND ORRICK, HERRINGTON & SUTCLIFFE LLP TO SERVE AS BOND & DISCLOSURE COUNSEL TO THE CITY OF VERNON RELATING TO ELECTRIC BOND FINANCING TRANSACTIONS This Agreement is entered as of Februarv 3. 2015, between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Orrick, Herrington & Sutcliffe LLP, a Limited Liability Partnership ("Associate Counsel"). City and Associate Counsel are collectively referred to herein as the "Parties." RECITALS WHEREAS, the Finance Director, on behalf of the City, desires to engage Associate Counsel, in association with the City Aftorney, to serve as the Bond & Disclosure Counsel to the City relating to electric bond financing transactions. WHEREAS, Associate Counsel possesses the skills, qualifications and experience necessary to assist as Associate Counsel in said matters; and WHEREAS, the City Attorney of the City of Vernon is the Chief Legal Advisor for the City and is charged with the responsibility of protecting the interest of the City, its Council, officers, employees and agents, as provided for by Califomia law and the Charter and ordinances of the City; and WHEREAS, the Finance Director of the City of Vernon is the administrative head of the Finance Department, and is charged with the responsibility of ensuring that all laws of the State of California pertaining to the City, and all laws and ordinances of the City are duly enforced. NOW, THEREFORE, the Parties agree as follows: 1.0 Scooe of Services. Associate Counsel hereby is associated as Counsel of Record in association with the City Attorney to perform such legal services as may be required from time to time in connection with specific transactional matters and other legal matters as specified in Associate Counsel's proposal dated January 8, 2015, which is attached hereto and fully incorporated herein by reference as Exhibit "A". Eugene Canon, of counsel to Associate Counsel, shall be responsible for the performance of services hereunder, shall personally handle all significant mafters, and shall supervise any services performed by other members of Associate Counsel's firm and by its employees. lt is understood that the City Attomey is chief counsel of record for all purposes, and Associate Counsel's performance hereunder shall be under the direction and supervision of the City Attomey, that Associate Counsel shall coordinate its services hereunder with the Finance Director to the extent required by said City Attorney, and that all performances required hereunder by Associate Counsel shall be performed to the satisfaction of said Finance Director and City Attorney. 2.0 Time of Performance and Term. The services of Associate Counsel are to commence upon the signing hereof ("Effective Date"), and the written assignment of particular matters, and shall be 2 undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care. This Agreement shall terminate on June 30, 2015, or upon final acceptance of services. 3.0 Budoetinq. Associate Counsel handling specific City matters will be expected to institute and to adhere to budgeting and planning procedures in the sole discretion ofthe Finance Director. The general framework of the litigation budgeting and planning procedures is as follows: 3.1 Budoet: 3.1.1 Associate Counsel shall, if requested by the Finance Director, provide a plan and a Budget, or revisions thereof, which will include a projection of recommended steps to be taken in the assigned matter and a range of costs for each step. The Plan and Budget will be reviewed and updated as necessary, at least every twelve months, or as more frequently requested by the Finance Director. 3.1.2 The budget shall include an estimate ofthe aftorney's hours, fees and disbursements during each phase and activity. 3.1.3 The budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. 3.1.4 Each line item should be given a code number that can be used in the billing process and in preparation of updated progress reports. 3.1.5 The budget is not a fixed fee agreement and is subject to revision. However, Associate Counsel understands and agrees that failure to timely submit a budget or major unjustified deviations therefrom may constitute a breach and result in termination of this Agreement with Associate Counsel. 4.0 Comoensation, Reimbursement and Methods of Pavments. 4.1 Compensation. Associate Counsel has established rates for the City of Vernon 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. Fees for all services provided hereunder by all billers shall be charged in accordance with Exhibit "B", which is attached hereto and fully incorporated herein by reference. Associate Counsel's grand total, not-to-exceed compensation for the term of this Contract shall not exceed the amount of $165,000.00, without prior approval of the City Council and wriften amendment of this Contract. 3 4.2 Reimbursement. ln addition to the compensation provided above, the City will reimburse Associate Counsel only for the following expenses: printing, copying costs (not to exceed 15 cents a page), long distance telephone calls, faxes, transcription fees, reporter's fees and ground transportation (in the amount set forth by the lnternal Revenue Service standard mileage rate). Any other expense (e.9., travel expenses or travel time beyond Southern California) must be approved by the Finance Director in writing and in advance. No compensation shall be allowed for general overhead or support services such as typing, word processing, secretarial time of any nature (normal, overflow or overtime), clerical work, Lexis or Westlaw, equipment rental, calendaring, setting up files, updating files, computer time or service, nor any other expense not itemized in the approved Case Budget or otherwise approved by the Finance Director. There shall be no mark-ups on outside services. 4.3 The Finance Director must approve in advance any single disbursement item in excess of $500.00, including, but not limited to, investigators, copying and experts. Requests for costs exceeding $500.00 shall contain a recommendation of alternative information services, including use of City employees. Associate Counsel will use City Staff in lieu of outside experts whenever feasible. 4.4 The City expects moderation with regard to all expenses. 4.5 Method of Billinq. Unless otherwise agreed, Associate Counsel shall provide monthly bills unless charges for a particular month are insignificant. The following information must be provided in monthly bills: A. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. Associate Counsel shall keep the City advised regarding the identity and the billing rates of those people who work on the litigation account. B. ldentification of the lawyer who is in charge of the matter. C. Detailed disbursement breakdowns, including the nature and purpose of each disbursement. D. Each billing item will be separately stated on a separate line identifying the biller, the time spent and the exact nature of the service rendered. Narrative billing and block billing are unarceptable. For example, if numerous tasks are undertaken in one day, each should be identified with a specified time for performing that task, i.e. a telephone call, a court appearance, a meeting or legal research. All tasks performed on the same day should be entered as separate entries, identifying the time spent on each. Telephone conferences should specify the participants and the subject matter discussed. The City will not pay for vague descriptions for services which do not state the precise nature of lhe work performed and the need for the work. Words such as "research", "strategy", "analysis", "discovery", "conference", "preparation", "case management', "memorandum", "conespondence", "telephone call" or "meeting", without an explanation of (1) the specific topic or subject matter, 4 (2) the persons involved, and (3) the need therefor, do not allow accountability and are therefore unreimbursable. E. The City will not pay for interoffice conferences among attorneys/billers unless a conference is a necessary strategy meeting relating to some significant legal issue or event, such as an upcoming trial, and then only one attorney may be billed. Where charges are made for conferences, the specific reason and need for each conference must be stated in detail, and the participants identified. F. Where charges are made for research time, the specific issue being researched and the need must be identified. City has retained Associate Counsel for its expertise, and therefore expects not to be billed for introductory or background research. The City will not pay for aftorneys, law clerks and paralegals educating themselves or doing work of a transient nature on the case. G. The City expects the attorney assigned to the case to handle all significant matters in the case. lf other attorneys are assigned to assist the primary attorney, the City must be notified. The City may request that the assigned work be instead handled by the primary attorney. Thus, only those attorneys or persons approved in advance by the City may bill on the case. Resumes will be provided for all persons (other than clerical or secretarial) working on the case. H. No more than two support staff may bill on a particular case without the prior approval of the City. l. One paralegal may be used. Assignment of work to such paralegal should not result in duplic€tive work by the attorneys, or reworking of paralegal's work. Paralegal shall not perform clerical work, such as filing, indexing, date- stamping, organizing, etc., but shall perform work such as research, summarizing depositions, investigation, interviews of witnesses, elc. J. Upon request, each item billed must be coded to a specific budget Iine item, so a bill may be easily compared with the approved budget. K. A tracking system must be set up to periodically, at least every six months, compare the amount of work completed to a percentage of the budget absorbed. L. The City Aftomey reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). M. The City will not pay for more than one biller doing any task (e.9. two or more attorneys attending the same depositions or the same court appearances, a biller redoing the work of another biller, or duplicative entries for reviewing and analyzing documentation and legal research). N. Photocopies of deposition transcripts shall be made whenever possible to reduce deposition expenses. 5- O. No finance charge or interest will be paid by the City, nor billed by Associate Counsel. 4.6 Timino of Pavment. The City shall pay Associate Counsel for services rendered and costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly basis. 5.0 Enqaoement of Other Counsel. Soecialists or Exoerts. Associate Counsel shall not engage or otherwise incur an obligation to pay other counsel, specialists or experts for services in connection with this Agreement without the prior written approval of the Finance Director. 6.0 Termination of Aqreement and Leoal Services. Subject to the applicable provisions of the Rules of Professional Conduct of the State Bar of California, this Agreement and all legal services to be rendered hereunder may be terminated at any time by written notice from either party with or without cause. ln such event, all finished or unfinished documents, project data and reports, both originals and all duplicate copies, in all forms and media requested by the City, shall immediately be turned over to the possession of City, which owns all such materials. ln the event of such termination, Associate Counsel shall be paid for all satisfactory work, unless such termination is made for cause, in which event compensation, if any, shall be adiusted, in the City's sole discretion, in light of the particular facts and circumstances involved in such termination. 7.0 lnterest of Members of Local Public Aoencv. No member of the goveming body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 8.0 lnterest of Counsel. Associate Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego such representation if the C, in her/his sole discretion, objects for any reason. 9.0 General Procedures. 9.1 Copies of major documents, correspondence and periodic status reports shall be submitted to keep the Finance Direclor advised of any major developments in the matter. Once the plan is approved, the firm need not advise the City of each and every step being taken. As long as the firm is complying with the plan, the firm should provide periodic reviews and information on significant matters. The City does not, however, want boilerplate routine letters announcing each and every procedural step being taken. -6- 9.2 All correspondence to the City shall reference the subject mafter. 10.0 Policv for lnvestioation and Discoverv Assistance. A copy of the City Aftorney's Policy for lnvestigation and Discovery Assistance is attached hereto as Exhibit "D" which is attached hereto and fully incorporated herein by reference. 1'1.0. Conflict of lnterest. Associate Counsel certifies that no member, officer or employee of the Associate counsel is an officer or employee of the city of vemon except to the extent permitted by law. 12.0 Maintenance and lnsoection of Records. 12.1 The City and any other Federal, State or local governmental agency, and any of their authorized auditors or representa ves, shall have access to, and the right to audit and reproduce any of Associate Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Associate Counsel is properly entitled or for other purposes relating to the Agreement. 12.2 Associate Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Associate Counsel shall promptly make all such records available to auditors or other representatives of the City or other govemmental agencies. 12.3 lf Associate Counsel does not maintain such records in the City of Vemon, Associate Counsel shall either deliver said records at its expense to Vernon or shall promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than the City of Vemon, including, bul not limited to, expenses for personnel, salaries, private auditors, lodging, meals and overhead. 13.0 lndemnitv. 13.1 Associate Counsel agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, and covenants not to sue, the City, its 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, any performance under this Agreement, or any acts, erors or -7 - omissions (including, without limitation, professional negligence) of Associate Counsel, its employers, representatives, subcontractors, or agents in connection with the performance of this Agreement. 13.2 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, Associate Counsel and its employees or agents, and members of the general public). 14.O Livino Waoes. Associate Counsel working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit "E". Upon request, certified payroll shall be provided to the City. 15.0 INSURANCE. Associate Counsel 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 Agreement, including any extensions thereto. 15.1 Automobile Liability with minimum limits of at least $100,000/300,000/500,000 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. 15.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premrses/Operations and Personal lnjury coverage is required. The City of Vernon, its Council, commissioners, officers, employees, agents and volunteers registered with the City of Vemon must be endorsed on the policy as additional insureds as respects liability arising out of the Associate Counsel's performance of this Agreement. 15.3 Professional Enors and Omissions coverage in a sum of at least $1 ,000,000. lf a claims-made policy is obtained, a "tail" of at least three years shall be purchased if non-renewed within three (3) years of completion of performance under this Agreement. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 15.4 Associate Counsel shall comply with the applicable sections of the California Labor Code concerning workers' compensation for I injuries on the lob. Compliance is accomplished in one of the following manners: 15.4.1 Provide copy of permissive self-insurance certificate approved by the State of Califomia; or 15.4.2 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 Council, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement: or 1 5.4.3 Provide an insurance exemption form certifying that no employees subject to workers' compensation law will be used in performance of this Agreement. 15.4.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be canceled except after thirty (30) days' prior written notice to City. 15.4.5 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 15.4.6 Prior to commencement of performance, Associate Counsel 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. 15.4.7 Failure to maintain required insurance at all times shall constitute a default and material breach. ln such event, Associate Counsel shall immediately notify City and cease all performance under this Agreement 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 Associate Counsel by way of set-off or recoupment from sums due Associate Counsel, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incuned, by I judgment, settlement or otherwise, including attomey's fees and costs, being collectible from Associate Counsel, by way of set-off or recoupment from any sums due Associate Counsel. 16.0 Choice of Forum. The parties hereby agree that this Agreement 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 Vemon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 17.0 lncorooration bv Reference. This contract incorporates by reference the Request for Proposal and specifications therein, and all attachments, and the Proposal by Associate Counsel, and all attachments. 18.0 Order of Precedence. ln case of conflict between the terms of this Agreement and the terms in any document attached as an exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. 19.0 Eoual Emolovment Oooortunitv Practices. Associate Counsel certifies and represents that, during the performance of this Agreement, 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. Associate Counsel further certifies that it will not maintain any segregated facilities. The Equal Employment Opportunity Practices provisions are set forth in Exhibit "C". [Signatures Begin on Next Pagel. -10- lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a Califomia charter City Orrick, Herrington & Sutcliffe, LLP, a Limited andCaliforniamunicipalcorporation LiabilityPartnership Mayor / Mayor Pro-Tem Name: Tifle: ATTEST: By: Name: Ana Barcia, Deputy City Clerk Ti e: APPROVED AS TO FORM: Hema Patel, City Attomey -11 - EXHIBIT A SCOPE OF SERVICES -12- EXHIBIT B Associate Counsel shall provide Bond Counsel Services at a flat fee of $100,000.00 and a flat fee of $65,000 for Disclosure Counsel Services pursuant to the proposal submitted by Associate Counsel. -13- A. B. EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY EMPLOYMENT PRACTICES PROVISIONS Associate Counsel 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. Associate Counsel agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Associate Counsel, 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. Associate Counsel 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. Associate Counsel 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. -14- EXHIBIT D POLICY FOR INVESTIGATION AND DISCOVERY ASSISTANCE The following sets forth the policy of this office regarding investigation and other assistance in the defense of liability cases involving the City of Vemon or City employees. The objective is to provide current and long-range investigative assistance and guidance on all liability cases. 1. Copies of the summons, complaint and claims investigation reports, if available, will be fonrarded to Associate Counsel upon assignment of the lawsuit to defense counsel. 2. Associate Counsel, in evaluating the lawsuit, is to advise the City Attorney as to further investigative needs. The services of an investigating agency, approved by the City Attorney, may be requested to assist Associate Counsel in their investigation. The agency is to furnish this office with copies of all its reports. 3. After receiving Associate Counsel's request, the investigating agency commences the specified investigation and outlines its recommendations for additional investigation, but does not commence such additional investigation until specifically requested by Associate Counsel to do so. 4. ln addition to investigation, the investigating agency assists with such discovery, needed diagrams, photographs and other information as may be requested by Associate Counsel. 5. Associate Counsel is requested to review the claims investigation file sent with the assignment of defense so as to preclude unnecessary or duplicate investigative expenses. 6. Copies of the Vernon Municipal Code and other City documents can be readily obtained from the City Aftorney's Office. 7. Attendance at mandatory settlement conferences will include only Associate Counsel and an attorney from the City Attorney's Office. Neither the Claims Coordinator nor investigators shall aftend unless specifically requested to do so by this office. -15- EXHIBIT E LIVING WAGE PROVISIONS Ullills!!-tlvilslfls : 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. @nsl!b.E!493r48: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. -16- RECEIVED JAN 2 7 2015 CITY ADMINISTR JOINT STAFF REPORT CITY ADMINISTRATION & FINANGE DEPARTMENT DATE: TO: FROM: RE: February 3,2015 Honorable Mayor and City Council Mark Whitworth, City Administrator William Fox, Director of Finance N4+ I A Resolution of the City Council of the City of Vernon approving and adopting an updated Whistleblower Policy Recommendation It is recommended that the City Council: 1. Find the adoption of the resolution proposed in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2. Approve the attached resolution adopting an updated Whistleblower Policy which provides for the enactment of the City's updated Whistleblower Policy & Fraud Hotline. Such approval will allow the City to further strengthen its Whistleblower policy including the launching of a Fraud Hotline. Backsround On May 1,2012, the City Council adopted Resolution 2012-59 adopting a Whistleblower Policy ("Policy"). This Policy was adopted as part of the Good Governance Reforms. The policy was implemented with the guidance and assistance of the City's lndependent Reform Monitor, Mr. John Van de Kamp. Various authoritative sources were researched including the California League of Cities, Institute of Local Government, and the LA Conservation Corps to ensure that all the elements following best practices were incorporated. The outside independent accounting firm of Vasquez and Company, LLP ("Vasquez"), performed the audits of the City's financial statements for the fiscal years 2012-13 & 2013-14, and a special fraud risk assessment in20l4. They observed a need for a Fraud Hotline to be in line with best practices. An excerpt from Vasquez's most recent management letter dated December 3,2074, addressing the Fraud Hotline is included herein: Fraud Prevention, Detection and Reporting (Soarce: Dec. j,2014, Management Letter) Comments: While conducting the City's fraud risk assessment we noted that, although the City curuently has a fraud/whistle-blowing policy in place, the current policy does not spectfy a set protocol to follow regarding reporting and resolution of fraud. There is no formal fraud education program in place which could provide fraud awareness and training to City employees. Recommendation: We suggest the City consider implementing the following recommendations to further improve the City's internal controls over fraud prevention, detection and reporting: - Hire an independent third party for reporting and tracking offraud cases. - Update City's existingfraud policy and review it regularly for compliance. - Formalize a structuredfraud prevention training programfor City employees. Management Action Plan: The City Agrees with the recommendation and has begun implementation. The City has investigated various third party service providers that provide the initial reporting of and trackingfor the fraud cases. A determination has been made to enter into an agreement with The Nerwork, Inc. The Nerwork, Inc. develops integrated governance, risk, and compliance solutions that help organizations mitigate risk and achieve compliance. They provide 24/7 live coverage and online access capability for reporting offraud. The Fraud Hotline will be administered by the City Attorney's Office, who will be notified offraudulent reporting. The City Attorney in cooperation with the City Administrator will determine the appropriate follow up actions required to investigate allegations. City Council will be briefed on material fraudulent activities. Training of employees will be done as part of the employee meetings that are periodically held. Management Actions In December 2014 the City of Vemon entered into a purchase contract with The Network, Inc. to be a third party service provider for the initial intake and tracking of whistleblower and fraud reports. The first year cost was approved for a total amount not-to-exceed $1,860, which included an initial start-up costs of $710 for system setup and educational/awareness materials. Going forward, the annual fee is expected to be $1,150. The system implementation is currently being set up. Once the setup has been completed, employee awareness and education will be initiated as part of an upcoming employee meeting. A revised Whistleblower and Fraud Hotline Policy has been developed and we are seeking City Council approval. This updated policy incorporates the addition of the Fraud Hotline to address fraudulent activities. It also follows best practices providing a framework for employee reporting of fraudulent activities without the fear of retaliation. Employee awareness and education will be done through employee meetings, promotional materials, and an email distribution of the new policy. Fiscal Impact There is no fiscal impact to adopt the updated Policy. Conclusion Based upon the recommendation of Vasquez and Company,LLP, the City of Vemon is making a concerted effort to strengthen its intemal controls through the proposed updated Whistleblower and Fraud Hotline Policy, and staff recommends that the City Council approve and adopt the updated Policy. RESOLUTION NO. A RESOLUTION OF THE CITY COIJNCII., OF THE CITY OF VERNON APPROVING AND ADOPTING AN UPDATED WHISTLEBLOWER POLICY AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on May 1-, 2012, the CiEy Council of the City of Vernon adopted Resolution No. 2012-59, adopting a Whistleblower Policy; and WHEREAS. by memorandum dated February 3, 2015, the CiEy Administrator and Finance Director have recommended the adoption of an updated Whistleblohrer Policy; and WHEREAS, the CiEy Council desires to adopt the updated Whistleblower Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TI{E CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of tshe city of Vernon hereby finds and determines that the above recitafs are true and correcE' SECTION 2: The CiEy Council of t.he CiEy of Vernon finds that this action is exempt under the california Environmental Quality Act (CEQA) , in accordance with section 1505L(b) (3), the general rule that CEOA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the CiEy of Vernon hereby approves the updated Whistleblower Policy, a copy which is attached hereto as Exhibits A. SECTION 4: All resolutions or parts of resolulions, specifically Resolution No. 2ol-2-59, not consist.ent with or in conflict with this resolution are hereby repealed. SECTIoN 5: The Citsy Clerk, or Deputy City C1erk, of the City of vernon shalI certsify to the passage, approval and adoption of this resolution, and the Citsy Clerk. or Deputsy City Clerk, of the CiEy of vernon shall cause tshis resolution and the city clerk's, or DepuEy city cIerk, s, certificatsion to be entered in the File of Resolutions of the Council of this CitsY. APPROVED AND ADOPTED this 3rd day of February. 2015 ' Name: Title: Mavor / Mayor Pro-Tem ATTEST: City Clerk / DePutY CitY Clerk Moussa, DepuEY CitY AttorneY 2 STATE OF CAIIFORNIA )) ss COUNTY OF LOS ANGELES ) I,, City Cl-erk / Deputy CiEy Clerk of the cicy of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adoptsed by che Citsy Council of the Citsy of Vernon at a regular meeting of the City Council duly held on Tuesday. February 3, 2015, and thereafEer was duly signed by tshe Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 20L5, aE vernon, California. City Clerk / Deputy City clerk (SEAI) 3 EXHIBIT A Whistleblower Policy & Fraud Hotline WHISTLEBLOWER POLICY & FRAUD HOTLINE ADMINISTRATIVE POLICY MAITUAL Section 1.3 - Miscellaneous Approval:. Citv Administrator Effective Date:Responsible Department: Finance Dept. PURPOSE The City of Vernon requires employees to observe the highest standard of business and personal ethics in the conduct of their duties and responsibilities. As representatives of the City, all employees must practice honesty and integrity in the fulfillment of their responsibilities and complianie with all applicable laws and regulations. Further, the City must protect its assets and resources from fraudulent, illegal, and dishonest activities by maintaining effective intemal controls and by identifying and investigating any possibility of fraud or other improper activities. To that end, this Whistleblower Policy establishes procedures for City employees to report alleged financial fraud, waste or abuse by City employees and/or contractors, and to assure that such reports do not result in retaliation. POLICY City employees are encouraged to report good faith suspicions of financial misconduct by City employees or contractors-, and any misuse of City property or resources. Any City employee wno makes such a good faith report is protected against adverse employment actions by the City for raising such allegations, and shall not suffer any reprisals or retaliation by the City for making the report, whether or not the allegations are sustained. REPORTABLE ACTIVITIES Employees should report information related to financial fraud, waste, or abuse, including the following prohibited activities: Violation of any law, regulation, ordinance. Conflict of interest. Fraud, waste, or misuse of City property, resour@s, ortime. Theft, misuse of, or misappropriation of City resources, property, information, assets or funds, or an attempt to do any of the same. 5. lntentional falsiflcation of records (including failure to disclose material facts or making of false or misleading entries or statements with the intent to deceive on any City document or other official document, report, or form, including but not limited to, City financial records and environmental regulatory reporting), or the willful and unauthorized destruction and/or mutilation of any City document or other ofiicial document, report, or form, including City financial records. 6. lntentionally submitting false claims for payment or reimbursement. 7 . Knowingly submitting and/or signing a timesheet that contains false information. B. Forgeryor intentional unauthorized alteration of a City document or other officialdocument, application, report, or form, including but not limited to, City financial documents. g. Improprieties in the handling or reporting of financialtransactions forthe City. 10. Authorizing or receiving payment by the City for goods not received or services not performed. 1. 2. 3. 4. 1 1. Computer-related ac{ivity involving unauthorized access, destruction of data, forgery, or manipulation of data or misappropriation of City-owned data or softrvare. HOW TO REPORT City employees who have specific information that other City employees or contractors have engaged in fraud, waste or abuse are encouraged to report such information through the normal chain of command, which includes their immediate superior, department head, Human Resources, and the City Administrator's or City Attorney's Office. Face to face reporting through the chain of command is always the best form of communication; however, there may be certain circumstances where an employee wishes to remain anonymous. Recognizing that employees are not always comfortable going through the chain of command, the Fraud Hotline is another way to report fraud, waste, or abuse. The Fraud Hofline is hosted by an independent, third-party provider contracted by the city. The Fraud Hotline provides an anonymous method of reporting such incidents over the phone to a third-party interviewer, or via an anonymous web form. To contact the Fraud Hotline, employees should call 1-844-864-6371 or report online via www. reoortonlineweb.comicitvofvernon. All reports regarding fraud, waste, or abuse should be made seriously and with due professional care. The Fraud Hotline should not be used for employment-related grievances or appeals, as existing City policy and procedures provide channels for resolution of these issues. INVESTIGATION All reports will be reviewed and analyzed. Appropriate corrective action will be taken, if necessary, and findings will be communicated to the reporting person. lnvestigations may warrant involvement of independent persons such as auditors and/or outside attorneys. For reports made through lhe Fraud Hotline, the third-party provider will complete an_incident report and send the report to the City Attorney's Office. The City Attorney's Office will coordinate the investigation of all complaints related to fraud, waste, and abuse. EMPLOYEE PROTECTION The Whistleblower Policy is intended to encourage and enable employees to raise concerns. No City officer or employee shall use or threaten to use any official authority to cause any adversl employment action as retaliation against any employee who acts as a whistleblower in good faith and with reasonable belief that improper conduct has occurred, even if the report is iristaken. However, this Policy does not prohibit the City from taking an adverse action for legitimate or non-discriminatory reason due to a mere causal connection to the protected \A/histleblower aclivity. 2 RF-CEtl\flED JAN 2 7 2015 CITY CLERK'S OFFICE RECEIVED JAN 2 ? 20t5 CITY ADMINISTRATION STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: TO: FROM: RE: February 3,2015 Honorable Mayor and City Coun Carlos Fandino Jr., Director of V Approval of Change Order No. 2 to the Existing Consulting Services Agreement with Engineering Partners, Inc., for the Detailed Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River Bridge Recommendation It is recommended that the City Council: 1. Find that the approval of Change Order No. 2 the Consulting Services Agreement with Engineering Partners, Inc., ("EPI"), is in within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063. The lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070. 2. Approve and authorize the City Administrator to execute Change Order No. 2, in subitantiatly the same form as submitted herewith, to the existing consulting services agreement with EPI for services related to additional detailed design and preparation of plans to reconstruct the overhead electric system on the west side of the Atlantic bridge, io. u .o-pensation amount not-to-exceed $125,000; thereby increasing the total contract value to a not-to-exceed amount of $212,385. Background The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931. Due to the narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the projected traffic volume of vehicles and trucks traveling the route. As a result, the bridge must be modernized to meet current structural standards and comply with the accepted design requirements of Caltrans, the County of Los Angeles, the County of Los Angeles Flood Control Department, and the U.S. Army Corps of Engineers. The bridge improvements will require the relocation of several power poles along Atlantic Blvd. and the LA River crossing. On April 5,2}ll, the City Council adopted Resolution No. 2011-43 authorizing the issuance of a Request for Proposals ("RFP") for the preparation of plans and specifications for the relocation work. The City selected EPI, based on demonstrated competence and responsiveness to the RFP. On February 21,2012, the City Council adopted Resolution No. 2012-32 approving a Consulting Services Agreement with PEI for an amount not-to-exceed $137,385. On December g,2}l4,the City Council approved Change Order No. 1 to the consulting services agreement for an amount not-to-exceed $10,000 to perform a power line crossing profile survey required by LADWP. A significant portion of the consulting services agreement with EPI is the relocation of the 16 fV line .rorrirg the Los Angeles River as a result of the Atlantic Blvd Bridge widening and rehabilitation project. The continuation of the 16 KV line to the south side of the bridge was a challenge duelo rpu". constraints. After several iterations of conceptdesigns of these lines, the City has decided that the relocation of the L.A. River crossing at the east side of Atlantic Bridge is too difficult to complete within reasonable cost parameters. A decision was made to move the 16 KV line to the west side of the bridge. Change Order No. 2 addresses detailed design of structures and related line crossing tasks that include utilities inventory; soil boring and foundation design; detailed specifications; structure loading analysis; revised cost estimates; and construction services. Fiscal Impact The proposed Change Order No. 2 shall not exceed a total amount of $125,000, inclusive of all relatid expenses. Suffrcient funds are available in the 2014-2015 VG&E Engineering budget. Attachments CITY OF VERNON DEPARTMENT OF GAS & ELECTRIC CHAI\GE ORDER NO 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS Design and Preparation of Plans for the Relocation DD^r,rrr. Power Poles related to Atlantic Blvd./Los AngelesI Nvulv I ' River Bridge Rehabilitation Contract No. LP-0r31 FEDERAL PROJECT NO. N/A EDEN Project No. N/A REQUESTED BY: City of Vernon - VG&E Supplemental No. Nr.q. TO:Engineering Partners, Inc. CONTRACTOR P.O. No. LP-0131 you are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previouslyincluded in the plans and specifications of this contract. Except as specifically modified herein, all terms and .ondition. olthe original contiact remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Detailed Design and Preparation of Plans for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost and plan will be amended according to the Engineering Partners, Inc. scope of work proposal dated January 16,2015. Project Schedule Will have no impact on the completion date to the revised schedule' Contract Cost Cort .oai*tr*"t for the contract for additional services to complete power line crossing detailed design to be relocated to the west side of the Bridge. The additional cost not to exceed: $125,000'00 Contract Amount (Base Bid)$137.385.00 Amount of This Change Order $125.000.00 Amount of Previous Change Orders $10,000.00 Total Chanse Orders $135,000.00 Approved: Attest: Mark Whitworth, City Administrator Date: Ana Barcia, Deputy City Clerk We, the undenigned Contractor, have given careful consideration to the change proposed and hereby agree, ifthisproposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise-be'noted above, and pirform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date:Consultant: Title:By: Date: THE EN r,INEERIN G PIfl TN'flJ, INC CONSULTING ENGINEERS 9565 WAPLES STREET, SUITE lOO SAN DIEGO, CA 92121 (8s8) 824-176t FAX (8s8) E24-1768 January 16, 2015 City of Vernon Department of Light and Power 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Ali Nourmohamadian, Electric Utility Engineering Manager Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES Ref: City of Vernon P.O. #055.0001695 dated 312812012 Dear Mr. Nourmohamadian: This proposal is to amend our original proposal P2759r2 which was basis of the referenced purchase order. Backoround A significant part of this project is the relocation of the 16 kV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening project. The continuation of the 16 kV line to the south side of the bridge was a challenge due to space constraints. After several iterations of concept designs of these lines, the City has decided that the relocation of the L. A. River crossing at the east side of Atlantic Bridge is too difficult to complete at reasonable costs. A decision was made by the City to move the 16kV line to the west side of the bridge. The City requested EPI complete a concept design for the L. A. River on the west side of the bridge. The development of concept design to this stage has expended 85% of the overall design budget covered by the purchase order. As such, the City has requested that EPI prepare a cost proposal to complete development of construction plans, specifications, and costs estimate based on current concept design. Scope The following is our understanding of the changes in the scope of work: 1. Re-design the L.A. River crossing at the west side of Atlantic Blvd Bridge. Page 2 January'16,2015 Subj: PROPOSAL FOR CHANGE ORDER NO.2 TO PREPARE PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES 2. Re-route affected lines to new poles at L. A. River crossing. 3. Coordinate construction design with CNS Engineers (the City's Bridge Consultant). lt is assumed that CNS Engineers will assemble the pole relocation and bridge construction designs into one package. ln addition, CNS Engineers will responsible for any coordination and permitting required lor the erection of the poles within the flood channel, legal related to easement acquisition, traffic plans, etc. related to work within the f lood channel. Fees Based on changes in scope, we request the following additional fees: Description of work Total 1. Re-desisn L.A. River Crossina sTs,ooo 2. Design get awav lines from new poles at L.A. River Crossing s40,000 3 Meetings s1.O,000 Total s12s,OOO Thank you for this opportunity to participate on this project. lf you have any questions, please feel free to give us a call. Sincerely,P-i* Romeo Flores, P.E. President P4063 City of Vernon Vendor #004639 RECEI\ ED JAN 2 7 2015 CITY CLERl('S OFFICE RECEIVED JAN 2 6 20rs CITY ADMINISTRAT Health & Environmental Control De rtme DATE: TO: FROM: RE:Approval of the Agreement Accepting the Reassignment of the Non- Exclusive Franchise Agreement for Commercial Solid Waste Collection by Crown Disposal Gompany, lnc., and allowing the Reassignment of the Non- Exclusive Franchise Agreement for Gommercial Solid Waste Collection to Recology Los Angeles c/o Recology lnc. Recommendations It is recommended that the City Council: 1. Find that approval for the request documented in for this staff report is exempt under the California Environmental Quality Act (CEOA) in accordance with section 15061 (b)(3), the general rule that CEQA only applies to projects that may have any effect on the environment. 2. Approve the Agreement, in substantially the same form as submitted herewith, accepting the reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection held by Crown Disposal Company, lnc., and assigning the Non- Exclusive Franchise Agreement for Commercial Solid Waste Collection to Recology Los Angeles c/o Recology lnc. Backqround: Crown Disposal Company, lnc., ("Crown Disposal") has held a Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection ("Franchise Agreement") with the City of Vernon since it was approved by the Vernon City Council on October 19, 2009. Effective January 1,2015 Crown Disposal executed a new Franchise Agreement on the form approved by the City Council in October 2014. On December 4, 2014, Crown Disposal requested in writing to formally assign their Franchise Agreement to Recology lnc., pending the final sale of such business in January 2015. Section 1 5.1 of the existing Franchise Agreement allows the City to consider the assignment. The City Council has unfettered discretion to approve or deny such and assignment. The Department has contacted Recology lnc., and requested that they submit the necessary documents for consideration, which include: STAFF REPORT February 3,2015 Honorable Mayor and City Council Members Leonard Grossberg, Director / Health Otticer /h o An application for a Health Permit (Payment due upon acceptance)o An application for a Non-Exclusive Franchise Agreement for Commercial Solid Waste Collectiono A Faithful Performance Bond (minimum amount is $10,000). Copies of insurance for: Comprehensive General Liability, Auto Liability, Worker's Compensation and Employer's Liability, and Environmental Pollution Control lnsurance. (all documents have been completed and received by the Health Department) FISCAL IMPACTS: No fiscal impact is expected, as the same amount of solid waste will be picked up from the same accounts and under the same Franchise Agreement terms. Attachments Xc: Linda Smith, Administrative Secretary 9cLG:MyDocs/ZHealth DepVStaff Reports/Recology.doc AGREEMENT ACCEPTING THE REASSIGNMENT OF THE NON.EXCLUSIVE FRANCHISE AGREEMENT FOR COMMERCIAL SOLID WASTE COLLECTION OF CROWN DISPOSAL COMPANY, INC., BETWEEN THE CITY OF VERNON, CROWN DISPOSAL COMPANY,INC., AND RECOLOGY LOS ANGELES C/O RECOLOGY,INC. This Agreement ("Agreement") is made as of February 3,2015, by and between the City of Vemon, a California charter city and municipal corporation (the "City"). and Crown Disposal Company, Inc., a California corporation ("Crown Disposal") and Recology Los Angeles c/o Recology, Inc., a California corporation ("Recology") . WHEREAS, effective January 1,2015, Crown Disposal executed a Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection ("Franchise Agreement"); and WHEREAS, on December 4, 2074, Crown Disposal requesting in writing to formally assign their Franchise Agreement to Recology; and WHEREAS, the City, Crown Disposal and Recology desire to enter into an agreement accepting the reassignment of the Franchise Agreement. NOW, THEREFORE, the parties to this Agreement agree as follows: l. This Agreement accepting the reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste to Recology is effective February 3,2015. 2. Except as expressly modified by this Agreement for reassignment, all provisions of the Franchise Agreement shall remain in full force and effect, and Recology agrees to be bound by all terms and conditions of the Franchise Agreement. 3. The provisions of the Non-Exclusive Franchise Agreement for Commercial Solid Waste shall constitute the entire Franchise Agreement of the parties with respect to the subject matter included in this Agreement and shall supersede any other agreement, understanding, or arangement, whether written or oral, between the parties with respect to the subject matter of this Agreement. 4. The person or persons executing this Agreement on behalf of each of the parties warrants and represents that he or she has the authority to execute this Agreanent on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. ISTGNATURES FOLLOW ON NEXT PAGE] -l- IN WITNESS WHEREOF, the parties have signed this Agreement as of the date stated in the introductory clause. CITY OF VERNON a California charter city and municipal corporation By: Mark Whitworth, City Administrator ATTEST: Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: ZaynahN. Moussa, Deputy City Attorney Crown Disposal Company, Inc., a Califomia corporation By: Name: Title: By: Name: Title: Recology Los Angeles c/o Recology, Inc., a California corporation By: Name: Title: By: Name: Title: -2- RECtr!\/ED JAN 2 7 2015 CITY CLEXIT'S CIFFICE STAFF REPORT PUBLIC WORKS, WATER AND DEVELOPMENT SERVI REGE[VED JAN 2 6 2015 CITY ADM INISTR DATE: TO: PREPARED BY: APPROVED BY: RE: February 3,2015 Honorable Mayor and City Council Scott B. Rigg, Public Works & Water Superintendent JL Samuel Kevin Wilso ector of Public Works, Water and Development Services Approval of a Notice Inviting Bids - Contract CS-0533 for the Rehabilitation of Production Well No. 16 Recommendation It is recommended that the City Council: l. Find that Notice Inviting Bids proposed in the staff report is exempt under the California Environmental Quality ACT (CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and 2. Approve the Notice Inviting Bids, per Contract CS-0533 for the Rehabilitation of Production Well No. 16, a copy which is attached hereto. Background Production Well No. l6 ("Well"), located at 4305 Santa Fe Avenue, in Vernon, CA, had its drive motor and pump unit replaced in 2014 due to a decrease in its production capacity. Upon completion of the motor and pump unit installation, the well was test pumped to quantify the production capacity in gallons per minute (gpm). Subsequent testing found that the well could produce no more than 700 gpm as a result of plugged perforations in the well-shaft. The well should ideally produce between 1200 and 1400 gpm. [n order to clear the plugged perforations, the subject well will have to be rehabilitated using a vast array of chemicals and mechanical equipment. Fiscal Impact The total project cost is estimated to be between $200,000.00 and $250,000.00. Funds are available in the 2014-2015 fiscal year budget under 020.1084.900000. BID FORM AND PROJ ECT SPECIFICATIONS FOR THE REHABILITATION OF PRODUCTION WELL NO. 16 IN THE CITY OF VERNON, CALTFORNIA Contract No. CS-0533 Bid Opening Date: March 12, 2015 CITY OF VERNON DEPARTMENT OF PUBUC WORKS, WATER AND DEVELOPMENT SERVICES 4305 SANTA FE AVENUE VERNON, CA 90058 (323) s83-8811 i NOTICE INVTTII'IG BIDS FOR THE REHABILTTATION OF PRODCUTION WELL NO. 16 in City of ve.non, California Sealed bids will be received at or prior to 2100 p.m., March 14 2015, by the City Clerk of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, for the REHABILITATION OF PRODUCTION WELL NO. 16 in City of Vernon, California. Mail sufficiently early or deliver in pers{rn before 2:OO p.m. on the day listed in the l{otice Inviting Bids. Bids must be receaved in the city Clerkt Office before that time. No !-ATE BIDS WILL BE ACCEPTED. Copies of the Plans and Specifications are available at no charge at the Department of Public Work, Water and Development Services Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between the hours of 7 a.m. and 5:30 p.m. Monday through Thursday. A non-refundable fee of $20.00 will be charged if mailing is requested by calling (323) 583-8811. A pre-bid meeting is scheduled for February 17,2075 at 10:00 a.m. in the Department of Public Work, Water and Development Services Conference Room, 4305 Santa Fe Avenue. Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is mandatory. Each bidder must hold an active State of California C-57 license. All bids must be accompanied by bids security in the amount of ten percent (10o/o) of the bid prices, in the form of cash, cashie/s check, money order, or surety bond. Refer to the Specifications of complete details and bid requirements. Specifications and this notice shall be considered a part of any contract made pursuant thereto. Dated: Mark Whitworth City Administrator (Authorized by City Attorney's OfFce) Published: N 8.3 cs-0484 BIDDER'S PROPOSAL FOR THE REHABILITATION OF PRODUCTION WELL NO. 16 in the City of Vernon, California Bid Opening: 2:00 p.m., March 12, 2015, 4305 Santa Fe Avenue, City Clerk's Office, Vernon To the Honorable City Council of the City of Vernon, California In response to the Rehabilitation of Production Well No. 16 the undeBigned bidder proposes to the City of Vernon all labor, materials, methods and processes, tools implements and machinery which are necessary and required for the performance of the work mentioned in said Notice Inviting Bids in accordance with the Specifications. Each bidder must bid on the items shown in the Bidder's Proposal. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and may be rejected. The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935. In case of a discrepancy between the unit prices and items totals, the unit prices shall prevail, and in the case of a discrepancy between item totals and the grand total, the item totals shall prevail. The grand total will be subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis of the grand total as described about from among responsive and responsible bidders. Based on the bids received and the City's budget at the time of the contract award, the City reserves the right to delete items and/or change quantities of bid items. PABT I - PW I-1 REV. 103113 BIDDER'S PROPOSAT FOR THE REHABILITATION OF PRODUCTION WELI NO. 16 ITEM NO.ITEM UNIT QTY UNIT PRICE TOTAL COST I Airburst Well for Three (3) days at 1,250 psi with four (4) shots at 2' intervals for day's One (l ) and Two (2). Repeat at 1,400 psi with One (l) shot per 2' intervals. Perforations are from 505" to 1,376' and casing reduces from 18" to 12" at496".LS I $$ 2 Bail Well back to I .37 6' . Assume Eisht (8) Hours.Per Hour 8 $$ 3 Contain and Dispose of Bailed Materials LS I $$ 4 Supply and install l0' Lone 12" Diameter Dual Air-Swab at 505."LS 1 $$ 5 Acid Treatment from 505' to 1,460.' See Technical Specifications in Part No. III.LS I $$ 6 Setup 2500 Gallon Roll-Off Bin, 200 gpm Trash Pump, 21000 Gallon Baker Tank and 2.5" Piping to Sewer lnlet (Located within 200' of Well).LS I $$ 7 Utilize 400 CFM Compressor (Minimum), 4" Drop Pipe, 1.5" Airline, and Dual Air-Swab. Estimate Sixtv (60) Hours.Per Hour 60 $$ 8 Monitor Discharge for Turbidity and Sand Content. Utilize City of Vernon Water Supply to Treat the Discharge as needed to meet City Sewer Water Ouality Requirements.LS I $$ 9 Remove Dual Air-Swab and Associated Equipment.LS I $$ t0 Video Los Well.LS I $$ ll Clean out and dispose of settled solids in roll-off and baker tank. Remove baker tank and roll-off.LS 1 $$ t2 Rebail Well to bottom and Dispose of Fill. Estimate Eight (8) Hours.Per Hour 8 $$ l3 Inject 15,000 Gallons of 300 PPM Sodium Hypochlorite Solution and sufficient Hydrochloric Acid to maintain a PH level of between 6 and 7.LS I $$ 14 Swab throushout the Casins for Eisht (8) Hours.Per Hour 8 $$ l5 Sample Water from 500', 800' and 1,100' and test for Chlorine Residual.LS I $$ l6 Build Test Pump Capable of 1.500 GPM at a Total Head of 400'.LS I $$ t7 Install the Test Pump into the Well with a Setting of 400'.LS I $$ l8 Install a 1.25" PVC Access Pipe past the Pump Bowl Assembly at 420'.LS I $$ t9 Install Eight Inch (8") Temporary Piping, Separator to the existing Storm Drain. Eighty Feet (80'), and Sand LS 1 $$ 20 Sample Water for NPDES Requirements and Monitor Water Quality throughout Test Pumping Process.LS I $$ 2t Development Pumping - Estimate 60 Hours.Per Hour 60 $$ PART I . PW t-2 REV.103113 22 Perform Dynamic Video Logging at Three (3) Different Flow (1007o Maximum, 75Vo and 50Vo.LS I $ $ 23 Remove Test Pump Equipment.LS I $ $ 24 Remove Pipine and Sand Separator.LS I $ $ 25 Pressure Wash Work-Site.LS I $ $ TOTAL PRICE TOTAL $ GMND TOTAL $ The undersigned Bidder agrees to commence work within fifteen (15) calendar days from the date issuance of a Notice to Proceed and proposes and agrees to have all work completed within [insert contract length] of the contract time commences. The undersigned Bidder acknowledges receipt of the following addenda issued for the above p@ect. If no addenda have been received, write "none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED WILL RENDER THE CONTACTOR'S BID NON-RESPONSIVE. List of addenda Received: PLEASE SEE PART I SECION 2.01.3 REOUIRED FORMS. Bidder shall execute the following (Appendix "A'): Page 1. Identity Confirmation BP-(a) 2. Subcontractor Listing/Shoring Design BP-(b) 3. Affidavit of Non-Collusion BP-(c) 4. Living Wage Compliance Ceftification BP-(d) 5. Vendor List Questionnaire & Equal Opportunity Employment & Non-Segregation AA FORMS employee of the Citv of Vernon. Bidde/s Proposal Respectfu lly Subm itted, (If a Bidder is a corporation, its seal must be impressed hereon) California State Contractor's License No. Authorized Signatory California Corporation No. by PART I - PW r-3 REV.103113 PART I - INSTRUCTIONS TO BIDDERS I-1 GENEML INSTRUCNONS l-1.01 General Bid Requirements To be considered, a Bidder must follow the format for bids in the Specifications. Bids must be binding and firm. Any bid may be withdrawn before bid opening, but not for 90 days after opening. l-1.02 Bidde/s Guarantee Bid security in the amount of ten percent (100/0) of the bid price, in the form of cash, cashier's check, money order or surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom tie contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting Bidder. 1-1.03 Bidder Must Make ThorouBh lnvestigation It is the Bidder's responsibility to examine the location of the proposed work, to fully acquaint itself with the Specifications and the nature of the work to be done. Bidders shall have no claim against the City based upon ignorance of the nature and requirements of the project, misapprehension of site conditiont or misunderstanding of the Specifications or contract provisions. l-1.04 Acceptance of Conditions By submitting a bid, each Eidder expressly agrees to and accepts the following conditions: I-1.04.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected Bidder and the City. I-1.04,2 The City may require whatever evidence is deemed necessary relative to the Bidder's financial stability and ability to complete this project. I-1.04.3 The Cify reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifi cations. I-1.04.4 The City reserves the right to solely judge the Bidder's representations, and to solely determine whether the Bidder is qualified to undertake the project puBuant to the criteria set forth herein. The Bidder by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the Bidder is qualifled to perform the project, shall be flnal, binding and conclusive. I-1.04.5 The City reserves the right to reject all bids, waive any irregularity in any of the bids, or cancel or delay the project at any time. I-1.04.5 This bidding process does not commit the City to award any contract, and the City is not liable for any cosLs incurred by the Bidder in the preparation and submission of a bid. PART I - PW BEV. 103113 l-1.05 Truth and Accuracy of Representation False, incomplete or unresponsive statements in connection with the bid may be sumcient cause for rejection of a Bidder. l-1.05 City Changes to the Bid Documents The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda, and will become a part ofthe bid documents and of the contract. Addenda shall be made available to each Bidder. A Bidder's failure to address the requirements of the addenda may result in the bid not being considered. If the City determines that a time extension is required for the submission of the bid, the addenda will give the new bid opening date. l-1.07 Notice Regarding Disclosure of Contents of Document All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each bid which are identified by the Bidder as business or trade secrets and plainly marked as "trade secret," "confidential," or "proprietary." Each element of a bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or paft thereof. l-1.08 Award of Bid and Determination of Responsaveness The contract shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is responsive and responsible, the following shall be considered. I-1.08.1 The quality of the material offered; I-1'08.2 The abilty, capacity and skill of the Bidder to perform the contract or provide the material or services; I-1.08.3 Whether the Bidder can perform the contract or provide the service promptly. or within the time specified, without delay or interference; I-1.08.4 The sufficiency of the Bidder's financial resources and the effect thereof on their abilify to perform the contract or provide the material or services; I-1.08,5 The character, integrity, reputation, judgment, experience and efficiency of the Bidder; I-1.08'6 The quality and timeliness of the Bidder's performance on previous purchase orders or contracts for the City; I-1.08.7 Litigation by the Bidder on previous purchase orde6 or contracts with the City; I-1.08.8 The abilify of the Bidder to provide future maintenance and service where such maintenance and service is essential. PABT I . PW I5 BEV. 103113 !-1.09 lneligibility to Contract Pursuant to Sections 1777.1 and 7777.7 of the California Labor Code, any Contractor that has been found by the State Labor Commissioner to be in violation of the Labor Code Section entitled "Public Works" shall be ineligible to bid on or be awarded a contract for this project. The period of debarment shall be not less than one year and up to three years as determined pursuant to S&rion 7777.7 of the Labor Code. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this contract. The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 ot 1777.7 of the Labor Code. In submitting ib bid, the Bidder certifles that it has investigated the eligibility of each and every subcontractor it intends to use on this project and has determined that none is ineligible to perform work pu6uant to the above provisions of law. l-1.10 Errors and Omissions Bidders shall not be allowed to take advantage of any erro6 or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City. In submitting ils bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this Contract. l-1.11 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees Each Bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work. l-1.12 Taxes Price bid shall include all federal, state, local, and other taxes. l-1.13 Local Bidders; Refund of Sales and Use Tax For the purpose of determining the lowest Bidder on a contract for materials and supplies only, 1olo of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such Bidder were awarded the contract, the City would receive a refund of the 1olo. I-2 SPECIAL CITY REQUIREMENTS NOTICE THERE IS AN APPENDIX 'A" OF FORMS IN THESE SPECIFICATIONS WHICH A BIDDER MUST COMPLETE TO ESTABUSH COMPLIANCE WITH A NUMBER OF SPECIAL CTTY OF VERNON REQUIREMENTS, INCLUDING, BUT NOT UMITED TO, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIDAVIT OF NON-COLLUSION. THESE FORMS AND THEIR INSTRUCNONS SHOULD BE CONSIDERED AN INTEGRAL PART OF THE SPECIFICATIONS AND FAILURE TO COMPLETE THEM MAY BE GROUNDS, IN THE SOLE DISCRETION OF THE CITY, FOR REECTION OF ANY BIDDER. l-2.01 Equal Employment Opportunity in Contracting l-2.01.1 Policy The City of Vernon PART I . PW is committed to a policy of Equal Opportunity Contracting. Qualified firms including small t-6 REV. 103113 businesses and businesses owned by women, minorities. and disabled peBons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract. |-2.OL.2 Compliance To the extent permitted by law, the Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of federal and state law. l-2.01.3 Required Forms No contract shall be awarded until the Bidder has submitted to the City or has on file with the City a nondiscrimination certification acceptable to the City. !-2.02 Affidavit of Non-Collusion by Bidder The City requires that each Bidder execute and submit to the City with their Bid, the Amdavit of Non-Collusion included in Appendix "A." l-2.03 Vernon Living Wage Ordinance This contract is subject to the Vernon Living Wage Ordinance. The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The consultant shall also provide qualirying 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 be 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 Cityt Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the City's Sample Contract. Upon the City's request, certified payroll records shall promptly be provided to the City. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on publh work, and related regulations, apply to all City contracts. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law. l-2.04 Stormwater Management and Discharge Control In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take note ofthe Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a material part of the work under this Contract. l-2.O4.1 NPDES Requirements In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutanLs from entering the City or county storm drain systems, including, but not limited to implementing the Best Management Practices specified below, and the Contractor shall comply with all directions of the City in this regard during construction: The following shall be implemented: 1. Handle, store, and dispose of materials properly. t-7 PART I - PW REV 103113 2. Avoid excavation and grading activities during wet weather, 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans (if applicable). 6. Check and repair leaking equipment away from construction sites. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete, or equipment onto a street. 11. Gtch drips from paving equipment with drip pans or absorbent material. 12. Clean up all spills using dry methods. r-3 GENERAL SPECIFICATIONS l-3.01 Bid Proposal Quantities The quantities contained in the bid documents are approximate only, and are for the sole purpose of comparing bids. The City may, in accordance with the Standard Specifications, order more or less work or material as necessary in the City's sole discretion. Payment will be made for the amount of work or material actually provided as determined by the City and accepted at the unit or lump sum prices noted in the bid, where applicable, and those prices shall govern. l-3.02 Registration and Qualifications of Contractors Before submitting bids, Contractors shall be licensed in accordance with the Business and Professions Code Section 7000 et, seq, and each Contractor shall insert his license number on the Bidder's Proposal. In submitting this bid, the Bidder warrants that it has work experience comparable to that which is to be performed. Prior to award of a contract, the City may request of any Bidder, a statement setting forth their work experience of a nature comparable with that which is to be performed. Such statement shall describe the work performed over the period of three (3) years next preceding the date of said statement, and shall give the owner, location, and contract price, together with the dates of beginning and completion of such work. This statement of experience shall be submitted within seven (7) calendar days after the City's notification to so submit. Failure to submit an adequate statement can result in rejection of the bid as non-responsive. l-3.03 Standard Specifications In connection with contracts related to the subject "Bidder's Proposal," and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2012 edition of 'STANDARD SPECIFICATIONS FOR puBuc woRKs coNSTRUcTIoN" (commonly known as the "GREENBOOK"), Detailed Technical specifications including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. l-3.04 Subcontracts In addition to the information to be listed by the Bidder with the bid pursuant to Section 2-3, entitled "Subcontracts," of the Standard Specifications, the Bidder shall provide for each subcontractor listed a brief description of the work to be subcontracted (see Page BP-(b) of the Bidder's Proposal). After bids have been received, no substitution of subcontractors in place of those listed in the bid or addition of subcontractors for work in excess of one-half of one percent of the total bid price will be permitted without the written consent of the City Engineer. The sole grounds for said consent shall be the exceptions listed in Chapter 4 of the Public Contract Code. PABT I - PW I-8 REV. 103113 Pursuant to California Labor Code 51021.5, the Contractor must not willingly and knowingly enter into any agreement with any person, as an independent contractor, to provide any services in connection with the Work where the services provided or to be provided requires that such person hold a valid contractor's license issued pursuant to California Business and Professions Code 557000 et seq. and such person does not meet the burden of proof of his/her independent contractor status pursuant to California Labor Code 92750.5. In the event that the Contractor shall employ any person in violation ofthe foregoing, the Contractor shall be subject to the civil penalties under California Labor Code 51021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code 91021.5, the Contractor's violation of this Paragraph or the provisions of California Labor Code 51021.5 shall be deemed an event of the Contractor's default. The Contractor must require any Subcontractor of any tier performing or providing any portion of the Work to adhere to and comply with the foregoing provisions. Pursuant to the provisions of Labor Code Section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a sukontractor on a public works project, This list of debarred contractors is available from the Department of Industrial Relations website at: http://www.dir.ca.oov/dlse/debar.html. The Contractor must not employ, hire, use or subcontract with any of the listed debarred contractors. l-3.05 Non-Discrimination In the performance of this Contract, the Contractor must not discriminate against any employee, subcontractor, or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. Violations may also result in the imposition of penalties referred to in Labor Code 5 1735. l-3.06 Protection of Existing Facilities Except where otherwise provided for, the repair or replacement ofexisting improvements that are damaged, injured, or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bidder's Proposal. l-3.07 Contract Bonds The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the Standard Specifications before execution of the contract. The term "Contract Price" shall be deemed to mean the total contract "not to exceed" amount consisting of the base bid stated in the Bidder's Proposal plus such additional amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work covered by approved change orders, if any. l-3.08 Termination of Contract Section 6-5, entitled "Termination of Contract," of the Standard Specifications is modified to read: 'The City may terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen ( 15) calendar day's written notice to the Contractor." If the contract is thus terminated by the City for reasons other than the Contractor's failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the Contractor's exclusive remedy for termination without cause. I-9 REV 103113 l-3.09 tiability lnsurance Evidence of insurance coverage shall be provided in the manner specified in Section 7.13 Insurance of the Cityt Sample Contract l-3.10 Partial Payment Payment shall be due the Contractor within thirty (30) calendar days after receipt of an itemized statement for work performed during the progress payment period. l-3.11 Security Deposits in Lieu of Retention Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any monies withheld to ensure performance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank in California as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than 20 days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor. Securities eligible for investment under this section shall include those listed in Section 15430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other securify mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement to be used shall be null, void, and unenforceable unless it is substantially similar to the form specified by Section 22300(e) of the Public Contract Code. l-3.12 Worker's Compensation Certification California Labor Code $$ 1860 and 3700 provide that every Contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code 5 1861, the Contractor, in submitting a bid, hereby certifies as follows: "I am aware of the provisions of California Labor Code $ 3700 which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." l-3.13 Sample Contract A sample of the contract the successful Bidder will be required to enter into with the City is attached hereto as Appendix "8" and by this reference incorporated herein and made a part of these Specifications. l-3.14 Special Conditions - Prevailing Wages and Employment of Apprentices The Contractor certifies by submission of a bid that they have not been found by the Labor Commissioner to be in violation of Prevailing Wage laws as outlined in the California Labor Code g 1777.1. The Contractor shall adhere to the provisions of Section 7770-1777 of the Labor Code and Section 7-2 entitled "Labor," of the Standard Specifications. The Contractor shall comply with and adhere to the "Special Conditions - Payment of Prevailing Wages and Employment of Apprentices" attached to Part I of these Project Specifications. Attention is directed to Section A of this attachment which states, in part, that if there is a difference between the Vernon Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his/her subcontractors shall pay not less than the highest wage rate. PART I . PW l'10 BEV. 103113 ATTACHMENT TO PART I SPECIAL CONDMONS - PAYMENT OF PREVAIUNG WAGES AND EMPLOYMENT OF APPRENTICES A. Determination of Prevailing Wage Rates City has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime work in the locality in which the Work is to be performed. Copies of these determinations, entitled "PREVAIUNG WAGE SCALE", are maintained at the City's offices, are available during City's normal business hours and are also available on the Internet at www.dir.ca.gov/DIR/S&R/statistics research.html. If there is a difference in the Vernon Living Wage rates and the California prevailing wage for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the highest wage rates. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. Holidays shall be as defined in the collective bargaining agreement applicable to each particular craft, classification or type of worker employed under the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time and subsistence pay, apprenticeship or other training programs authorized by California Labor Code $3093, and similar purposes when the term "per diem wages" is used herein. Holiday and overtime work, when permitted by law, must be paid for at the rate of at least one and one-half (1%) times the above specified rate of per diem wages, unless otherwise specified. In accordance with Section 7773.2 of the California Labor Code, the Contractor must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the job site where they can easily be seen by workers. B. Payment of Prevailing Wage Rates 1. Statutory Requirements - The Project is subject to the provisions of Labor Code 551720 et seq. and the requirements of 'l-itle 8 of the Glifornia Code of Regulations $$16000 et seq., which govern the payment of prevailing wage rates on public works projects. The Contractor and Subcontractors of any tier shall be governed by and required to comply with these statutes and regulations in connection with the Project. Pursuant to Labor Code 51771, the Contractor and all Subcontractors of any tier must pay not less than the prevailing wage rates to all workers employed in execution of the Contract. Contractor and Subcontractors must comply with applicable statutes and regulations, including but not limited to tabor Code 55 1771, 1775, t777.5, 1813 and 1815. 2. Weekly Payments to Employees - Contractor and all Subcontractors of any tier must pay each worker on the Project, unconditionally and not less often than once each week, the full amounts that are due and payable for the period covered by the particular payday in accordance with the prevailing wage scale determination, regardless of any contractual relationship which may be alleged to exist between the Contractor, Subcontractor and such laborers. Thus, an employer must establish a fixed worhrueek and an established payday. On each payday, each worker must receive all sums due at the end of the preceding workweek and must be provided with an itemized wage statement. 3. Classifications - City shall require that any class of laborers or mechanics, including apprentices and trainees, which are not listed in the General Wage Determinations and which are to be employed under this Contract, shall be classified conformably to such wage determinations. In the event the City does not concur in the Contracto/s proposed classification or reclassification of a particular class of laborers and mechanics (including apprentices and trainees) to be used, the question, accompanied by the recommendation of the City's Project Representative, shall be referred to the State Director of Industrial Relations for determination, 4. Fringe Benefat Cash Equivalent - City shall require, whenever the minimum wage rate prescribed for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the Contractor is obligated to pay a cash equivalent ofsuch a fringe benefit, an hourly cash equivalent thereof must be established. In the event the interested parties cannot agree upon cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the City's Project Representative, shall be referred to the State Director of Industrial Relations for determination. C. Penalty for Prevailing Wage Rate Underpayment Pursuant to Labor Code 51775, the Contractor must, as a penalty, forfeit Fifty Dollars ($50.00) to the City for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the Work by the Contractor or by any Subcontractor, of any tier, in connection with the Work. The difference between ATTACHMENT TO PABT I _ PW REV. 103113 prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof, for which each worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor. D. Withholding The City shall upon its own action or upon written request of an authorized representative of the Department of Labor or DIR, withhold or cause to be withheld from the Contractor under this Contract so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Work, all or part of the wages required by the Contract, the City may, after written notice to the Contractor, take such action as may be neces-ry to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. E. Certified Payroll Records and Basic Payroll Records The Contractor and Subcontractors of any tier must maintain Certified Payroll Records and "Basic Payroll Records", defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs, employee sign-in sheets, accounting ledgers, tax forms and/or any other record maintained for the purposes of reporting payroll, during the course of the Work and must preserve them for a period of three (3) years after completion of the Project for all trades workeB executing the Work of the Contract. Certified Payroll Records must be submitted at the times designated in Paragraph F below or upon request as described in Paragraph G below. City reserves the right to require Contractor to routinely submit Basic Payroll Records may be requested by the City at any time and must be provided within ten (10) calendar days following the receipt of the request. F. Submittal of Certified Payroll Records Pursuant to Labor Code 51776, the Contractor and each Subcontractor of any tier must maintain an accurate, weekly payroll record showing the employee full name, address, social security number, work classification, amount paid per hour, straight time, overtime and holiday hours worked each day and weekly totals, the actual per diem wages paid to each pe6on employed for the Worl! and the gross/net wages paid for this Projecvall projects, as well as the Contractor name and address, Project name and location, and dates of payroll, If payments are made to any third party trust, funds or plans for health and welfare, pension or vacation trusts, those payments must be stated on the Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including training fund contributions, must at least equal the prevailing wage rate for that classification. The Contractor must maintain and submit its Certified Payroll Records and thos€ of its Subcontractors. City reserves the right to require Contractor to submit to the City each weelt no later than seven (7) calendar days after the payday for the week covered, the Certified Payroll Records of Contractor and its Subcontractors of every tier. If there is no Work on a given week or on a given day, the Certified Payroll Record must indicate "no work" for that week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays and holidays. Contractor and Subcontractors of every tier must write "final" on the last submitted Certified Payroll Record for the Project. The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent the reporting entity, under penalty of perjury, that the information contained in the payroll record is true and correct and that the rercrting entity has complied with the requirements of California Labor Code 551771, 1811, and 1815 for any Work performed by his, her or its employees on the Project. Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for supporting document made by City shall be a condition precedent to Contractor's receipt of a progress, final, or retention payment. The City shall withhold any portion of the progress, final, or retention payment up to and including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its Subcontractor. If the Contractor or any Subcontractor is determined to have failed to pay workers in compliance with the applicable prevailing wage sections of the Labor Code, the City shall continue to withhold progress, final, or retentlon payments until sufficient funds have been withheld for payment of wages to workers and all applicable penalties. G. Making Certified Payroll Records Available Upon Request Pursuant to Labor Code 51776, in addition to its obligation to deliver certified payroll records to the City on a weekly basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (i) a certified copy of an employee's payroll record must be made available for inspection or furnished to such employee or his/her authorized representative on request; (ii) a certified copy of all payroll records must be made available for inspection or furnished upon request to ATTACHIVIENT TO PART I _ PW REV 103113 the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations; (iii) a certified copy of payroll records must be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public must be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, the requesting party must, prior to being provided the records, reimburse the cost of preparation by the Contractor, Subcontractors and the entity through which the request was made; and the public may not be given access to such records at the principal office of the Contractor; (iv) the Contractor must file a certified copy of the payroll records with the entity that requested such records within ten (10) calendar days after receipt of a written request; (v) any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any Subcontractor, of any tier, performing a part of the Work must not be marked or obliterated. The Contractor must inform the City of the location of payroll records, including the street address, City and county and must, within five (5) working days, provide a notice of a change or location and address. H. Forfeiture for Failure to Comply with Written Record Request Laws The Contractor or Subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of written request regarding Certified Payroll Records or Basic Payroll Records. In the event Contractor or a Subcontractor fails to strictly comply after such 1o-day period, the Contractor or Subcontractor shall, as a penalty to the City, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereot for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any portion of the Contract Price then or thereafter due the Contractor. A Contractor is not subject to a penalty assessment pursuant to this paragraph due to the failure of a Subcontractor to comply with this section. I. Hours of Work 1. Limits on Hours of Work - Pursuant to Labor Code 51810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to Labor Code 51811, the time of service of any worker employed at any time by the Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and restricted to eight (8) hours during any one calendar day and forty (,10) hours during any one calendar wee( except as hereafter provided. Notwithstanding the foregoing provisions, Work performed by employees of Contractor or any Subcontractor, of any tier, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1%) times the basic rate of pay. 2. Penalty for Excess Hours - Pursuant to Labor Code 551813 and 1815, the Contractor shall pay to the City a penalfy of Twenty-five Dollars ($25.00) for each worker employed in the execution ofthe Contract by the Contractor or any Subcontractor, of any tier, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1y2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day. 3. Contractor Responsibility For Cost of Excess Hours - Any Work performed by workers necessary to be performed after regular working hours or on Sundays or other holidays must be performed without adjustment to the Contract Price or any other additional expense to the City. ,. Responsibility for Subcontractors' Payment of Pr€vaalang Wages Pursuant to Labor Code 5U74, the Contractor is responsible for ensuring that all Subcontractors of any tier comply with requirements for payment of prevailing wages. Contractor is responsible for Labor Code violations by Subcontractors of any tier. The agreement executed between the Contractor and each Subcontractor must contain a copy of the provisions of Labor Code gg L77L, 1775, 7777.5, 1813 and 1815, at a minimum. Contractor must monitor each Subcontracto/s payment of prevailing wage rates. Upon be.oming aware of the failure of any Subcontractor of any tier to pay its workers the specified prevailing wage, the Contractor must diligently take action to halt and rectif, the failure, including, without limitation, retaining sufficient funds due to the Subcontractor to cover the underpayment. Before making final payment to any Subcontractor, the Contractor must obtain an affldavit from the Subcontractor, signed under penalty of perjury, which states that the Subcontractor has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due pursuant to Labor ATTACHMENT TO PART I _ PW REV 103113 Code 51813. Contractor must provide copies of such affidavits to the City and provide Contractor's affidavit that it has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due under Labor Code 51813. K, Statement of Employer Payments Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DSLE Form PW 26) must be completed and submitted to the City by each Contractor and Subcontractor who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributlons. The form must contain, for each worker classification, the fund or trust name, address, administrator, and amount per hour contributed and frequency of contributions. Training fund contributions must also be reported on this form, In February and August of each year during the Project, the Contractor and Subcontractors of any tier must veriry changes in wage rates for any trade classifications used on the Project. Thereafter, Contractor and its Subcontractors must submit a new Statement of Employer Payments to the City which reflects any changes in wages and benefits. L. Apprentices 1. Apprenticeship Commiftee Contract Award Information - Pursuant to Labor Code 51777.5 and 'l'itle I California Code of Regulations !230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor must, within ten (10) calendar days of signing the Contract or Subcontract, as applicable, but in any event prior to the first day in which the Contractor or Subcontractor has workers employed on the Project, submit contract award information. This information may be a Public Works Contract Award Information form (DAS form 140). The contract award information must be provided to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and can supply apprentices to the Project. Contractor and Subcontractors must also submit a copy of the form to the City which must include, in addition to other information, an estimate of journeymen hours to be performed under the Contract or Subcontract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed, Failure to provide contract award information, which is known by the Contractor or Subcontractor, shall be deemed to be a continuing violation for the duration of the Contract. 2. Employment of Apprentices - Labor Code 91777.5 and Title 8 California Code of Regulations 55200 et seq. provide detailed requirements for employing apprentices on public works. The responsibilify of complying with Section 1777,5 and the regulations lies exclusively with the Contractor. When the Contractor of Subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and Subcontractor must employ apprentices in at least the ratio set forth in Labor Code Section 1777,5. Every apprentice employed to perform any of the Work must be paid the prevailing rate of per diem wages for apprentices in the trade to which such apprentice is registered, and such individual must be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code 53077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code 553070 et seq. are eligible to be employed for the Work. The employment and training of each apprentice shall be in accordance with either of the following: (1) The apprenticeship standards and apprentice agreements under which such apprentice is training; or (2) The rules and regulations of the California Apprenticeship Council, including regulation Section 230.1 (c), which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. 3. Apprenticeship Certificate and Request for Dispatch of APprentices a. When the Contractor or any Subcontractor of any tier in performing any of the Work employs workers in any Apprenticeable Craft or Trade, as defined in Paragraph L(4), the Contractor and such Subcontractor may apply to the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the Work for a certificate approving the Contractor or such Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected, provided, however, that the approval as established by the Joint Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or such ATTACHMENT TO PART I _ PW BEV 103113 Subcontractor in order to comply with California Labor Code 51777.5. There shall be an affirmative duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship standards of the crafu or trades in the area of the site of the Work, to ensure equal employment and affirmative action and apprenticeship for women and minorities. Contractors or SubcontractoB shall not be required to submit individual applications for approval to local Joint Apprenticeship Committees provided they are already covered by the local apprenticeship standards. b. Contractors who are not already approved to train apprentices must request dispatch of required apprentices from one of the applicable Apprentices Committees whose geographic area of operation includes the site of the Project by giving the committee actual notice of at least forty-eight (48) hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required, Contractors and Subcontractors may use DAS form 142 to make the request for apprentices. However, if a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards, the Apprenticeship Committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a written request, an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee's Standards or the California Apprenticeship Counsel Regulations (Title 8, Section 230 efseq.) within 72 hours of such request (excluding Saturdays, Sundays and holidays) the contractor shall not be considered in violation of Section 230,1 as a result of failure to employ apprentices for the remainder of the Project, provided the contractor has made the request in enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices than the Contractor or Subcontractor requested, the Contractor or Subcontractor shall be considered in compliance if the contractor employs those apprentices who are dispatched, provided that, where there is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a Contractor or Subcontractor who is not a participant in an apprenticeship program has requested dispatch from at least two committees, Ratio of Apprentices to Journeymen a. The ratio of Work performed by apprentices to journeymen, who shall be employed in the Work, may be the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee operates, but in no case shall the ratio be less than one hour of apprentice work for every five hours of labor performed by a journeyman, except as otherwise provided in California Labor Code 51777.5. The ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the site ofthe Work and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any Work performed by a journeyman in excess of eight hours per day or zl0 hours per week shall not be used to calculate the ratio. The Contractor must employ apprentices for the number of hours computed as above before the end of the Contract or subcontract, as applicable. The Contractor must, however, endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. b. The Contractor or any Subcontractor covered by this Paragraph and Glifornia Labor Code 51777.5, that has agreed to be covered by an Apprenticeship Program's standards, upon the issuance of the approval certificate, or that has been previously approved in such craft or trade, must employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, but in no event less than the 1-to-5 hourly ratio. Upon proper showing by the Contractor that it employs apprentices in such craft or trade in the State of California on all of its contracts on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in this Paragraph and California Labor Code 51777.5. Exemption - The requirement to employ apprentices shall not apply to contracts of general contractors, or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than Thirty Thousand Dollars ($30,000.00) or twenty (20) Working Days. The term "Apprenticeable Craft or Trade," as used herein shall mean a craft or trade determined as an Apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council, ATTACHMENT TO PART I_ PW REV. 103113 6. Contributions to Trust Funds - The Contractor or any Subcontractor of any tier who performs any of the Work by employment of journeymen or apprentices in any Apprenticeable Craft or Trade shall contribute to the California Apprenticeship Council in the same amount that the Director determines is the prevailing amount of apprenticeship training contributions in the area of the Project. Contractor or any Subcontractor, of any tier, may take as a credit for payments to the Council any amounLs paid by the Contractor or Subcontractor to an approved apprenticeship program that can supply apprentices to the Project. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day of the month for work performed during the preceding month. Training contributions to the California Apprenticeship Council shall be paid by check and shall be accompanied by a Completed Training Fund Contribution form (CAC-2). Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to such fund(s) as set forth in California Labor Code $ 227. Such contributions shall not result in an increase in the Contract Price. 7. Contractor's Compliance - The responsibility of compliance with this Paragraph for all Apprenticeable Trades or Crafu is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Paragraph are subject to the provisions of California Labor Code 53081. In the event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code 9t777.5, pursuant to California Labor Code 91777.7, the Contractor shall: (i) be denied the right to bid on any public works contract for a period of one (1) year from the date the determination of non-compliance is made by the Administrator of Apprenticeship; and (ii) fofeit, as a civil penalty, One Hundred Dollars ($100.00) for each calendar day of noncompliance. Notwithstanding the provisions of California Labor Code 5L727, upon receipt of such determination, the City shall withhold such amount from the Contract Price then due or to become due. Any such determination shall be issued after a full investigation, a fair and impaftial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of California Labor Code 591777.5 and L777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. ATTACHMENT TO PART I - PW REV.103113 PART II. CIW OF VERNON SPECIAL PROVISIONS - SPECIFIC FOR TH!S PROJECT [-1.01SCOPE OF WORK 1. The contractor shall Rehabilitate Production Well No. 16, in accordance with the Bidders Proposal in Part No. 1. Production Well No. 15 has seen a gradual decline in its specific capacity from approximately 12.2 gallons per minute per square-foot in 2007, to approximately 6 gallons per minute per square-foot in 2014. City records indicate that the groundwater levels for the same time period have remained constant from approximately 225' to 230'. Additionally, the production capacity for this period has decreased from 1,400 gpm to 700 gpm. The City believes, based on the above data, that the losses in production capacity are a result of well plugging. 2. General Pump Company, Inc. will pull the motor and pump unit from the well and deliver them to their service yard located at 159 North Acacia Street, San Dimas, CA91773. 3. The bidding contractor must have a valid State of Glifornia business license, valid State of California C-57 License. 4. All attachmenLs, equipment or accessories not specifically listed in this bid request must conform to the best practices known within the emergency generator industry in trade, quality, workmanship and design. 5. The Contractor must commit to a realistic delivery date. Delivery date must be stated as "weeks after receipt of the order". II-1.02 CONTMCT PLANS Intentionally Left Blank It-1.03 SPECIFtCATIONS For the purpose of this contract, the Detailed Technical Specifications, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUfiON (2012) Edition, and AMERICAN WATER WORKS ASSOCIATION STANDARDS (AWWA) shall apply. II.1.O4 CONTMCT LENGTH All work shall be completed within 60 days ofthe Notice to Proceed. II-1.05 DETAYS AND EXTENSIONS OF TIME The Provisions of Section 5-5 entitled "Delays and Extensions offime" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the Engineer. The length of the contact time stipulated includes any time which may be required to obtain materials, equipment, and labor. The Contractor shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in its construction schedule. il-1.06 quAurY oF woRK The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications (2012) shall apply. In addition, any work deemed unacceptable to the City Engineer, whether a cause is determined or not, shall be repaired or replace by the Contractor at his expense. PABT II _ SPECIAL PROVISIONS II.1 REV.12t10t13 [-1.07 UqUtDATED DAMAGES In accordance with Section 6-9 of the Standard Specifications (2012), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 5-5 of the Standard Specifications (2012), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1.500. t!-1.08 uNtT PRICES All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work. II-2.01 SCHEDULING OF WORK The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estlmated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer, or his/her designee, before the Contractor will be permitted to begin work, In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give forty eight (48) hours' notice to the Cify Engineer prior to the start of work. All required overtime work shall be approved, in advance, by the City Engineer. il-2.02 CONSTRUCTTON HOURS Monday through Friday, 7:00 a.m. to 5:00 p.m. I!.3.01 EXTRA WORK In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: 1) Work by Contractor: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: a) Labor.................. ...........................20o/o b) Materials............. ........................... 150/o c) Equipment Renta1................. ..........75o/o d) Other Items and Expenditures....... ............................150/o 2) Work by Subcontractor: When all or any part of the extra work is performed by a Subcontractor, the above markups shall apply to the aggregate sum of the eltra worl( regardless of the number of tiers of subcontractors used. In addition, a markup of 10 percent on the first $5,000 of extra work and a markup of 5 percent on work in excess of $5,000 may be added by the Contractor. 3) The Contractor shall pay for any costs incurred for overtime inspection. ll-3.02 coMPLIANCE W|TH LAWS, REGUIATIONS, AND SAFE PRACT|CES The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. U-2 PABT II _ SPECIAL PBOVISIONS BEV 12l10/13 Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contracto/s safety measures in or near the job site. II-3.03 TRAFFIC REQUIREMENTS Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City Engineer, or his/her designee. The Contractor shall comply with Section 7-10 of the Standard Specifications (2012) and provide safe and continuous passage for pedestrians and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set-forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe passage of traffic. II-6.01 CONSTRUCTION ORDER OF WORK Work within certain commercial areas of the various districts shall be scheduled so as to lessen the impact upon businesses and dining establishments. Requirements - General: 1) All construction shall conform to Sections 6-1 and 5-2 of the Standard Specifications and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the Engineer before the next stage of work will be allowed to begin. 2) Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if done so, in the opinion of the Engineer, delays the completion of the work presently under construction. 3) Unless otherwise stated, the Contractor shall maintain continuous access to all commercial developments and businesses within the project limits, including store and restaurant entrances, and drive approaches, unless the Contractor has obtained the approval of the Engineer to close either such access or drive approach. 4) No stockpiling of material and construction equipment in or on public streets or sidewalks will be permitted on this project. Material and equipment placed in or on public streets, sidewalks and in the construction area shall be used the same day. The Contractor may elect to obtain a storage yard for his materials and construction equipment for the duration of this contract in order that work on this project will proceed in an efficient manner. Said storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be maintained in a neat and orderly manner. II-7.01 CHAMCTER OF WORKERS If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharged from the project on the requisition of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the_contracting entity, the Engineer will serve written notice PABT II_ SPECIAL PROVISIONS REV, 1Z1Ol13 upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. 11-8.01 EXAMINATION OF THE SITE The contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work, il-8.02 MOBtLtZATtON The cost of all preparatory work and operations for multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the contractor. [-8.03 DUST CONTROL Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the contractor to comply with the City Enginee/s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation nor extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project must be included in the various bid items, and no eltra compensation will be paid to the contractor. II.8.O4 CLEANING OF SITE DURING CONSTRUCTION During construction, all existing improvements adjacent to the proposed storm drain construction shall be swept free from asphalt, soils, gravel, dirt or debris on a daily basis. The contractor shall also make all necessary efforts to minimize the tracking of dirt and debris from the well rehabilitation process. The contractor will be responsible for such cleaning. II-8.05 SANITARY FACITITIES The contractor shall furnish and maintain sanitary facilities by the worksite for the entire construction period, The cost for this shall be incorporated in the most closely related bid item and no compensation will be paid to the contractor. II-9.01 PROTECTION OF THE PUBTIC The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion for the City Engineer, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property/ the Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the Cify for emergency repairs will be deducted from the final payment due to the Contractor. PART II _ SPECIAL PROVISIONS I[-4 REV. 12t10/13 PART I I !.SPECIFICATIONS REHABILITATION OF PRODUCTION WELL NO. 16 l. Airburst well from total depth of 1,376' to the top of the perforations at 505'. Airburst well for three (3) consecutive days at 1,250 psi with four (4) shots at 2' intervals for day's one ( l) and two (2). Repeat process at 1,400 psi with one (l) shot per 2' intervals. 2.Bail well back to 1,376'to remove fill that has fallen into the well as a result of the airburst process. Remove fill from site and dispose of in accordance with state law. The contractor is responsible for proper disposal, permits and fees. 3. Supply and install l0' long, 12" diameter dual air-swab at 505". Swab in acid treatment chemicals from 505' to 1,460'. See technical specifications for Acid Treatment process below. 4. Deliver and setup 2,500 gallon roll-off bin, 200 gpm trash pump, 21,000 gallon baker tank and2.5" piping. Utilize discharge piping and pump to transfer water from tank manifold to nearest discharge point- assume 200-feet. 5. Utilize 400 CFM compressor, 4" drop pipe, 1.5" airline, and airlift with dual air-swab. Assume sixty (60) hours. Monitor discharge for turbidity and sand content. Utilize City of Vernon water supply to treat the discharge needed to meet City sewer water quality requirements. 6. Remove dual air-swab and related equipment. 7. Video log well to inspect casing interior. 8. Remove and dispose of settle solids from roll-off bin and baker tank. Remove roll-off bin and baker tank from site. 9. Rebail well to 1,376' and remove material from site in accordance with state law. The contractor is responsible for proper disposal, permits and fees. 10. Inject 15,000 gallons of 300 PPM sodium hypochlorite solution and sufficient hydrochloric acid to maintain a PH level of between 6 and 7. Swab throughout the well casing for eight (8) hours to ensure adequate coverage. Sample water from 500', 800', and 1,100' and test for chlorine residual. I l. Build and install test pump producing 1,500 gpm at 400' Total Dynamic Head. Set test pump at 400'. Install 1.25" PVC access pipe below the pump bowl assembly at 420' . I 2. Deliver and install eighty-feet (80') of eight Inch (8") temporary discharge piping and sand separator to the existing storm drain. 13. Sample discharge water for NPDES requirements and monitor water quality throughout test pumping process. 14. Redevelop well with test pump. 15. Perform dynamic video logging at three (3) different flows: 1007c maximtm,757c and 5OVa. 16. Remove test pump, piping, and sand separator from site. 17. Re-video well to inspect casing. 18. Clean and pressure wash work site. Acid Treatment: The following detailed Acid Treatment is specific to the Well-Klean Program developed for this well by Hercchemtech, LLC. The chemistry will be supplied by Hercchemtech (no approved equals). On-site personnel must be 40-hour Hazmat certified and wear the required protective equipment. Safety equipment must also be onsite for the duration of the treatment process (shower eye wash station, first aid equipment, and air monitoring device). A Grade T2 Operator shall manage the treatment phase of this project. The chemicals to be used for this treatment process include hydrochloric acid, Well-Klean, hydrogen peroxide, and neutralizer (caustic soda or soda ash). The Contractor shall blend and inject a combination of chemicals as reflected in the Chemical Table below. These chemicals shall be purchased from Hercchemtech. Hercchemtech will also instruct the Contractor on the details for blending and applying the treatment. Each zone shall be equally treated with the hydrogen peroxide and Well-Klean preblend per the attached detailed specifi cations. The Contractor shall allow the chemicals to remain in the well ten ( l0) hours after the last treatment injection. At this point, the Contractor is to dual air swab the well for approximately sixty (60) hours. Monitor and record discharge for PH, hydrogen peroxide, turbidity, and calcium absorption. PRODUCTS PACKAGE QUANTITY Well-Klean, Pipe-Klean Pre-blend -NSF Standard 60 Grade Chemistry. 275 Gallon Recyclable Totes 4 Hydrogen Peroxide 35Va (7 Gallons Per Process)5 Gallon 2" Bung I Sodium Bicarbonate 50 Pound Bag 20 APPENDX '(A" - Forms to be Completed by Bidder BIDDER'S CHECKLIST TO THE BIDDER: The following list is provided for the convenience of both you and the City and to help eliminate elrors and omissions which may render your bid unacceptable. Please check all appropriate boxes and submit with your bid. IDENTITY CONFIRMATION SUBCONTRACTOR LISTING/SHORING DESIGN AFFIDAVIT OF NON-COLLUSION (SrcNED By BIDDER) LIVING WAGE COMPLIANCE CERTIFICATION VENDOR LIST QUESTIONNAIRE & EQUAL OPPORTUNITY EMPLOYMENT & NON.SEGREGATION BP-(a) BP-(b) BP-(c) BP-(d) AA FORMS Bids are to be signed and submitted in TRIPLICATE. Bidder must submit bids in an ORIGINAL AND TWO COPIES. All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the bid and the bidder's name and address appearing on the outside. Bids should be addressed to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Mail sufficiently early or deliver in person before the time and day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. APPENDIX "A" - Forms to be Completed by Bidder IDENTITY CONFIRMATION Contractor's Name Office Address If an individual, so state If a partnership, corporation or firm, so state, giving the names and addresses of individuals constituting the organization. If a corporation, give the following information: Name of President Name of Secretary Organized under the laws of the State of Name and address of local representative felephone: Fax: (Here attach a certificate in form to confirm 1) the identity of the bidder or ofhcer who signs above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder). BP-(a) APPENDX "A" - Forms to be Completed by Bidder SUBCONTRACTOR LISTING/SHORING DESIGN SUBCONTRACTOR LISTING Names (s)Address Description of Work SHORING DESIGN If shoring is required as pa-rt of this project, then the Civil or Structural Engineer who design this shoring is to be listed below, even if said Engineer is employed by the Contractor. If no shoring is required, write "NONE". Engineer Names (s) Address Description of Work BP-(b) APPENDX "A'r - Forms to be Completed by Bidder AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES being first duly sworn deposes and says that he/she is of (lnsen narne of bidder) who submits herewith to the City of Vemon a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed persoo, partnership, company, association, organization or corporation ; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vemon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading ofproposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or hx the proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge infbrmation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vemon, or to any person or persons who have a partnership or other t'inancial interest with said bidder in his business. I certify under penalty of perjury that the above information is correct By: (lnsen "Sole Owner", "Partner", "President. "Secrelary". or other proper title) Date: Title: BP-(c) APPENDX "A" - Forms to be Completed by Bidder LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter2 Article XVIII. Sections 2.132 and2.l34 require that contractors providing labor or services to the City under contracts in excess of $25,000: o Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all employees who spend any of their time providing labor or delivering services to the City of Vernon. Additionally, in July lst of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available l2 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July lst, to remain in compliance. o Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Eamed Income Tax Credit (EITC) under $ 32 of the Internal Revenue Code of 1954, 26 U.S.C. $ 32, and making available to such employees forms required to secure advance EITC payments. The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate. Ordinance No. 1 187 allows the provisions of the Living Wage Ordinance to be waived in a bona f,rde collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If applicable, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. (Name)(Title) will (Signature)(Date) Please retum this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to the Department of Finance - Purchasing Division 323.583.881 l. BP-(d) APPENDX "A" - Forms to be Completed by Bidder Purchasing & Payables Division 4305 Santa Fe AvenueVernon, CA 90058 (323) s83-8811 Fax (323) 826-1433 Internet: Article I. Vendor List Questionnaire (Form AA- I ) Article II. Affidavit of Equal Opportunity Employment & Non-segregation In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional". By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company Business Telephone Address Fax number (optional) City State Contact Person E-mail Address (optional) Tax ID Number (or Social Security Number) Remit Address (if different) Please state clearly and concisely the type(s) of goods and services your company provides: Small and Micro Business Preference Program: If certified by California Department of General Services as a small or micro business, please provide DGS Reference Number . Visit the Purchasing Division website for additional information. The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian - Hispanic- Native American- Disabled Female zip AA FORMS APPENDX "A" - Forms to be Completed by Bidder AA FORMS APPENDX 'A" - Foms to be Completed by Bidder Proiect Workforce Utiliz,ation (Form AA-2) This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Pleas€ indicate the job titlevclassifications to be used in the perfomance of this contract should it be awarded to your firm. Please indicate the number of employees in eachjob classihcation as well as the number of new hires, if any, as a result ofthis contract. Name of Company:Project: J ob Titles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classihcation if awarded the contract Are any current employees or potential new hires Vernon residents? [f so, how many? M FORMS APPENDIX "A" - Forms to be Completed by Bidder Current Permanent Workforce Utilization (Form AA-3) OPTIONAL Name of Company:Project: Completion of this form is OPTIONAL. Any info nation supplied by vendors is for reponing purpos€s only and will not be factored into the award of any contract. Instnrcliors: Please indicate the number ofemployees in each Job Clarsification belonging to the following groups. White (not of Hispanic origin) African-American (not of Hispanic orisin) Hispanic Asian/Pacific Islander Native American Armenian Male Female CLASSIFICATION Officials/ Managers Professionals Technicians Office/Clerical Skilled Craft Workers Operators (semi-skilled) Laborers Service Workers TOTAL AA FORMS APPENDIX "A" - Forms to be Completed by Bidder AA FORMS APPENDlX "8" LABOR AND MATERIALS CONTRACT NO. This Contract is made between the CITY OF VERNON ('City"), a California Charter City and Califomia Municipal Corporation, and Califomia corporation with headquarters at ("Contracto/'). The City and Contractor agree as follows: 1.0 Contractor shall fumish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in Specifications for Exhibit A, which is attached hereto and incorporated by reference. 2.0 All work shall be done in a manner satisfactory to the City's Director of Public Works, Water & Development Services or person designated by him, in writing ("Directo/'), and shall be of highest quality with respect to ln the event Contractor fails to perform satisfactorily, the City shall advise Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to satisfactorily perform. lf Contractor fails to so cure its performance within said 30 days, the City may, at its option, terminate this Contract for default without further liability, other than payment to Contractor for work performed satisfactorily prior to the date of termination. 3.0 Contractor shall commence work upon the signing of this contract and shall perform work requested in writing by Director. 4.0 ln consideration of satisfactory and timely Performance of requested work, the city shall pay Contractor as follows: ln the first three years of this Contract, a grand total amount not to exceed Dollars ($000,000). 5.0 Concurrently with the execution of this Contract, contractor shall furnish bonds of a surety satisfactory to the City, as provided in the specifications and Notice lnviting Bids. The cost of the bonds shall be paid by Contractor. 6.0 GENERAL TERMS AND CONDITIONS. 6.1 INDEPENDENTCONTRACTOR. a January 2010 6.1.1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall fumish such services in its own manner and method except as required by this Contract. Further, Conlractor 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. 6.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 6.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer 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. 6.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, seruices 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 correct subsequently discovered defects, inaccuracy or incompleteness. 6.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 6.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. January 2010 2 6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otheruise constitute a novation. 6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 6.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attomey's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 7.0 INTERPRETATION. 7.1 APPLICABLE LAW. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 7.2 ENTIRE AGREEMENT. This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 7.3 WRITTEN AMENDMENT. This Contract may only be changed by written amendment signed by Contractor and the City Manager or other authorized representative of the City, sublect to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 7.4 SEVERABILIW. 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 etfect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 7.5 ORDER OF PRECEDENCE. ln case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Specifications shall control over the Contractor's bid. January 2010 7.6 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into in the City of Vernon and that all claims or controversies arising 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. 7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 7.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 7.9 AUTHORITY OF 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. 7.10 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 Arlcitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having lurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 7.11 INDEMNITY. 7.11.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 7.11.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage January 2010 (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 7.12 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 7.13 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they atford primary coverage. 7.13.1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 7.13.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vemon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's pertormance of this Contract. A. lt Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage. C. Products/CompletedOperationscoverage. 7.13.3 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: A. Provide copy of permissive self-insurance certificate approved by the State of Califomia; or January 2010 B. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability lnsurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 7 .13.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 7.13.5 lnsurance shall be placed with insurers with a Best's rating of no less than B:Vlll. 7.1 3.6 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 torm approved by City. City may require complete, certified copies of any or all policies at any time. 7.13.7 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, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 7.14 NOTICES. Any notice or demand to be given by one party to the other shall be given in 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: Director of Public Works, Water & Development Services City of Vemon 4305 Santa Fe Ave. January 2010 With a Copy to: Vemon. CA 90058 City Administrator City of Vemon 4305 Santa Fe Ave. Vernon, CA 90058 lf to the Contractor: 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 trom the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice o, such request to the other party. 7.15 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. lf the Contract is thus terminated by City for reasons other than Contracto/s failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisractorily completed and accepted prior to the et ective date of termination. Such payment shall be Contractor's exclusive remedy tor termination without cause. 7.16 DEFAULT. ln the event either party materially detaults 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 specily the basis for the default. The Contract shall terminate unless such default is cured betore 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 Ior cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except lor payment for services satislactorily and timely perlormed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION, Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act Chapter 2 (Commencing with Section 16700) or part 2 of Division 7 of the Business and Proressions Code, or any similar or successor provisions of Federal January2010 7 or State law, arising from purchases of goods, services or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 8.0 ADDITIONALASSURANCES 8.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this contract, the contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment 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. Contractor further certifies that it will not maintain any segregated facilities. 8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Vernon Business License which may be required by the Vernon Municipal Code. 8.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled underthe 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. 8.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, otficer 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. 8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement January 2010 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 1 810 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 lhan 1% times the basic rate of pay. 8.6 LIVING WAGES. Contractor, 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. [Signatures Begin on Next Page]. January 2010 9 By: !N WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date set forth below. 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 and [CONTRACTOR'S NAME, a [State incorporated California municipalcorporation inlcorporation Mayor / Mayor Pro-Tem ATTEST: By: Name: Title: Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: By: Name: Title: Hema Patel, City Attorney 10 January 201 0 EXHIBIT A SCOPE OF SERVICES EXHIBIT B PROPOSAL EXHIBIT C SCHEDULE EXHIBIT D LIVING WAGE PROVISIONS Minimum Livinq 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 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 otficials to terminate the service contract of violating employers. APPENDIX "C'' Name of Co: Project Title: 1. PLEASE PROVIDE THE BELOW LISTED DOCUMENTS TO YOUR PROJECT MANAGER. 2. PLEASE SUBMIT THESE IN ONE (1I PACKAGE WHEN YOU HAVE ALL DOCUMENTS !N HAND. ALONG WITH THIS CHECK LIST. BECAUSE THEY WILL BE FORWARDED OVER AS A GROUP TO OUR RISK MANAGER FOR APPROVAL: lnclude on one or two Acord forms with the coverage limits, policy numbers, and dates for: A. IGqeral Liability, Combined Single Limit of $1,OOO,OOO per occurrence.lJ naaitional lnsured Endorsement form(s) Naming as Additional lnsured ("City of Vernon, its Council Members, Commissioners, officers, employees and agents.") Please provide either this: - CG 2010 11 85;tr or both of these forms - CG 20 10 XX XX (tor ongoing operations) ANDU cc 20 g7 xx xx itor compteted operationfi E Endor"ement Waiver oE" Right of Subrogation for General Liabilig against the City of Vernon. E Cor"r"ge XCU is required if applicable B. E Auto Liabitity, $1OO,OOO combined single limits unless vehicles are not involved. C.E] Worker's Comp in statutory amounts. A separate certificate may be submitted. The City need not be named as additional insured. fl Endorsement Waiver of the Right of Subrogation for Worker's Compagainst the City of Vernon. Note: The Specification or Request for lnsurance may be amended by the City, to require less or greater requirements depending on the potential risk involved. OTHER CRITICAL INCLUSIONS: 1. The City of Vernon shall be given 30 days written notice of cancellation or material change. The certificate submitted will not be approved if it contains "best effort' modifiers or if it relieves the insurer from responsibility for failure to give notice. 7t1t13 REGFN\,F-D REGEIVED JAN 2 7 2015 CITY ADMINISTRATJAN 2 ? LCi5 C\IY CLTRKStl[I\t,E STAFF REPORT PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES A-6 DATE: TO: PREPARED BY: APPROVED BY: RE: February 3,2015 Honorable Mayor and City Council Scott B. Rigg, Public Works & Water Superintendent 4* Samuel Kevin Wilso rector of Public Works, Water and Development Services Rejection of all Bids - for Equipping Well No. 21 and Related Site Work - Contract No. CS-0484 Recommendation It is recommended that the City Council: 1. Find that the request in this staff report , is not subject to the California Environmental Quality Act (CEQA) because, under Guidelines 15270 CEQA does not apply to projects which a city disapproves; and even if it were subject to CEQA, it would be exempt in accordance with Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and 2. Approve the rejection of all bid proposals, received on December 9, 2O14, per Contract CS- 0484 for Equipping Well No. 2l and Related Site Work, and authorize staff to re-advertise and solicit bids for Equipping Well No. 2l and Related Site Work. Background On October 21, 2014, the City Council authorized City staff to issue a Notice Inviting Bids ("NIB") for Equipping Well No. 21 and Related Site Work, Contract No. CS-0484. The City received five bids in response to the NIB on December 9, 2014. Each proposal was evaluated based on the criteria outlined in the NIB sent to each bidder. At the conclusion of the evaluation process, it was found that all five of the subject bidders failed to provide a complete pump equipment submittal including all calculations and drawings with theirbid as required in accordance with Specification Section No. 15130 Vertical Turbine Pump (1.01. B). The pump equipment submittal is a major component of this project; and is needed to effectively and quantifiably evaluate the merits of each bid. For this reason, staff believes that there were no responsive bidders and it is in the City's best interest to reject all bids and rebid this project. Additionally, it should be noted that Section I-1.04.5 of the lnstructions to Bidders states that "The City reserves the right to reject all bids, waive inegularity in any of the bids, or cancel or delay the project at any time." This section permits the City to reject all bids for any reason. Fiscal Impact Funds have been allocated in the 2014-2015 fiscal year budget under 020.1084.900000. BID RESULTS DECEMBER 9, 2014 CONTRACT CS-0484 EQUIPPING WETI NO.2l AND RETATED SITE WORK CONTRACTOR BID PRICE HYPA EnBineering, lnc sL,2s7,392.OO Pvramid Building and EngineerinB, lnc S1,38s,907.s0 Fleming Environmental, lnc S1,410,5oo.oo Cora Constructors, lnc S1,s77,ooo.oo Minako American Corporation dba Minco Construction 51,733,r28.84